Section 1 – Acceptance of the Terms and Conditions
1.1 Bullrun Financial, Inc. (herein referred to as the "Company," "we," "us" or "our") provides and makes available this web site (the "Web Site"). All use of this Web Site is subject to the Terms and Conditions contained in this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully. By accessing, browsing or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use the Web Site.
1.2 We reserve the right to amend this Agreement at any time by posting the amended terms on the Web Site. You should check this Agreement periodically for changes. All amended terms shall automatically be effective 15 days after they are initially posted on our site. Any use of the Service after 15 days after we post any changes to this Agreement, constitutes acceptance by you of such revised Agreement. This Agreement was last amended on November 19, 2001.
Section 2 – Use of the Service
2.1 This Web Site contains material, such as software, text, graphics, images and other material (collectively referred to as the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You acknowledge that you have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Web site or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and Web Site and your registration with the Web Site automatically terminates and you must immediately destroy any copies you have made of the Content.
2.2 The trademarks, service marks, and logos (collectively the "Trademarks") used and displayed on this Web Site are registered and unregistered Trademarks of the Company. Such Trademarks include, but are not limited to, Bullrun Financial, Inc., Bullrun Financial, Bullrun, Bullrun Engine, Bullrun Enterprise, Bullrun Online, Powered by Bullrun, Bullrun Fortress, Bomb, Climber, Glider, Highhook, Jumper, Lowhook, Mountain, Rocket, Sinker, Slider, Stumbler, Valley, Best and Worst, Big Picture, Bullrun Picks, Bullrun Differences, Bullrun Fan Out, Global Price Pattern Map, Macro Map, and My Portfolios. All other trademarks are the property of their respective owners. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by others. Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site, without the prior written permission of the Company specific for each such use. The Trademarks may not be used to disparage the Company, its products or services, or in any manner in which, in our reasonable judgment, may damage our goodwill in the Trademarks. All goodwill generated from the use of the Trademarks on any site inures to our benefit.
2.3 Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use of Subscriber outside of the clearing and settlement of transactions requires a license from the CSB, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CSB and ABA and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CSB and ABA may be entitled.
Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by CSB.
Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.
2.4 The Web Site may contain links to third-party web sites ("External Sites") and some of these come from your use of the Web Site's search engine or online directory ("Search Links"). All links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites or Search Links. The Search Links are gathered through an automated process, and we cannot and do not screen such Search Links before they are gathered. The content of such External Sites and Search Links is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites or Search Links and do not make any representations regarding the content or accuracy of materials on such External Sites and Search Links. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites or Search Links, you do so at your own risk.
Section 3 – Registration
3.1 In consideration of your use of the Web Site and the Content, you agree to provide us with true, accurate, current and complete information about yourself at the time of registration. You further agree to maintain and promptly update this information to keep it true, accurate, current and complete. If you fail to provide or update information so that it is true, accurate, current and complete, or if we have reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, we shall have the right to suspend or terminate your registration and refuse any and all current or future access and/or use.
3.2 As part of the registration process, you must select a user name and password. You may not (a) select or use a user name or e-mail address of another person with the intention of impersonating such person or (b) use a member name or e-mail address of anyone else. You may not select a user name that violates anyone's rights or one that, in our sole discretion, is offensive, improper or inappropriate. If you do, we can modify or delete it.
3.3 You are responsible for the confidentiality and use of your user name and password. You are fully and completely responsible for any and all activities that occur under your user name or password. You agree to immediately notify us of any loss, theft, or unauthorized use of your user name and/or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.3.
3.4 You may access the Web Site from only one computer or device at a time.
3.5 You may not use or allow others to use, your registration, user name, or password for the Web Site, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Web Site or any Content; (b) act in a way that affects or reflects negatively on us, the Web Site, or any other party; (c) transmit or communicate any advertising, promotion or solicitation; or (d) collect or attempt to collect any information of others, including passwords, accounts or other information.
Section 4 – Limit of Liability and Warranty
4.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (collectively the "COMPANY PARTIES ") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
4.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Section 5 – Indemnification
You agree to defend, indemnify, and hold harmless the Company Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your access to, use or misuse of the Content or Web Site, or access to, use or misuse of the Content or Web Site by any other person using your username and/or password. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company's defense of such matter.
Section 6 – Termination of the Agreement
6.1 By Company. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content, at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
6.2 Survival. If this Agreement is terminated, Sections 2, 4, 5, 6, 9 and 10 shall survive the termination of this Agreement.
Section 7 – No Framing
Elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except where allowed in Section 2. None of the Content for this Web Site may be retransmitted without express written consent from us for each and every instance.
Section 8 – User Must Comply with Applicable Laws
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
Section 9 – U.S. Government Restricted Rights
The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.
Section 10 – Miscellaneous
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree to submit to personal jurisdiction by the state and federal courts sitting in Newark in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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