Terms of Use

Terms of Use

Scope and Applicability

These Terms of Use (the "Agreement") are applicable to the Web pages, services, content, databases and information (collectively, the "Services") provided by AveryIndex ("AveryIndex") to which you may have access by using the Web site from which you accessed this Agreement. The content and information included in these Services are provided by AveryIndex and its third party suppliers (collectively, the "Information Providers"). These Services are made available by AveryIndex subject to the terms and conditions of this Agreement.

Agreement

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, AveryIndex IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

AveryIndex may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

You may also be subject to additional terms and conditions that may apply when you use Services provided by entities other than AveryIndex on the Web site from which you accessed this Agreement, or when you access any Services provided by AveryIndex from a Web site other than the one from which you accessed this Agreement.

Use of the Services

These Services are intended for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by AveryIndex or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.

You agree not to reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the express written consent of AveryIndex, nor to use the content or information made available through the Services for any unlawful purpose. You agree to access the Services manually by request and not programmatically by macro or other automated means.

You may download or copy content or information displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Notwithstanding the foregoing, in the event that content or information displayed on the Services includes data distributed by FT Interactive Data, you agree that you will not download or copy more than fifty (50) securities per day. Copying or storing of any content or information from the Services for other than personal use is expressly prohibited without prior written permission from AveryIndex and/or the Information Provider credited.

To deliver the Services, it may be necessary for AveryIndex to collect information about you and your use of the Services. AveryIndex reserves the right to disclose information about you and your usage of the Services on a confidential basis to the owner of the Web site from which you access the Services. For more information, please read the privacy policy of such Web site and any privacy policy posted by AveryIndex on or in connection with the Services.

Termination

AveryIndex may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. AveryIndex may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.

Disclaimer of Warranties

Information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. AveryIndex and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against AveryIndex or any Information Provider. AveryIndex believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. AveryIndex may point to other Web sites that may be of interest to you but for which AveryIndex has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither AveryIndex nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.

You understand and agree that your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. AveryIndex AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability

NEITHER AveryIndex NOR ANY OF ITS INFORMATION PROVIDERS, PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

This Agreement constitutes the entire agreement between you and AveryIndex regarding your use of the Services on the Web site from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and AveryIndex regarding your use of the Services on the Web site from which you accessed this Agreement.

You agree that this Agreement and any claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.
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