Last updated: January 28, 2020
We may supply different or additional terms in relation to some of our services, and those different or additional terms become part of your agreement with us if you use those services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice on our Sites or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Sites after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites.
2.ELIGIBILITY – You must be at least 18 years of age to use our Sites. If you use our Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3. OWNERSHIP; LIMITED LICENSE – The Sites, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by InvestiPro and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites for your internal business only, and not for purposes of resale. Any use of the Sites other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
4. TRANSFER AND PROCESSING DATA – In order for us to provide our Sites, you agree that we may process, transfer and store information about you in the United States, where you may not have the same rights and protections as you do under local law.
5. PROHIBITED CONDUCT AND CONTENT – You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Sites. You will not:
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Sites;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Sites, except as expressly permitted by us or our licensors;
- Modify our Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Sites;
- Use our Sites other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Sites or that could damage, disable, over burden or impair the functioning of our Sites in any manner;
- Reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Sites;
- Develop or use any applications that interact with our Sites without our prior written consent;
- Use our Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
6. MODIFYING AND TERMINATING OUR SITES – We reserve the right to modify our Sites or to suspend or stop providing all or portions of our Sites at any time. We also may revoke your right to use this Sites and the files produced using the Sites upon violation of this agreement at the sole discretion of InvestiPro. We are not responsible for any loss or harm related to your inability to access or use our Sites.
7. INDEMNIFICATION-To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless InvestiPro and our directors, partners and employees (individually and collectively, the “InvestiPro Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Sites; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Sites. You agree to promptly notify InvestiPro Parties of any third-party Claims, cooperate with InvestiPro Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the InvestiPro Parties will have control of the defense or settlement, at InvestiPro’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and InvestiPro or the InvestiPro Parties.
8. DISCLAIMERS – Your use of our Sites is at your sole risk. Except as otherwise provided in a writing by us, our Sites and any content therein are provided “as is” and “as available” without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, InvestiPro does not represent or warrant that our Sites are accurate, complete, reliable, current or error-free. While InvestiPro attempts to make your use of our Sites and any content therein safe, we cannot and do not represent or warrant that our Sites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Sites.
9. LIMITATION OF LIABILITY – To the fullest extent permitted by applicable law, InvestiPro and the other InvestiPro Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if InvestiPro or the other InvestiPro Parties have been advised of the possibility of such damages.
The total liability of InvestiPro and the other InvestiPro Parties for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to the amount paid by you to use our Sites.
The limitations set forth in this Section 9 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of InvestiPro or for any other matters in which liability cannot be excluded or limited under applicable law.
10. SEVERABILITY – If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
11. GOVERNING LAW AND VENUE-Any dispute arising from these Terms and your use of the Sites will be governed by and construed and enforced in accordance with the laws of Oregon, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Oregon.
END OF TERMS AND CONDITIONS
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