Terms of Use for Band of Analysts

Thank you for visiting Band of Analysts and taking the time to review our Terms of Use and Legal Disclaimer.  These terms are effective as of May 1, 2009, and may be changed or updated from time to time.  Please check back on a regular basis to familiarize yourself with these terms.

Scope of Terms

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

Agreement

BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, BAND OF ANALYSTS IS NOT WILLING OR ABLE TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

Band of Analysts 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 your familiarity with its 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 Band of Analysts on the website from which you accessed this Agreement, or when you access any Services provided by Band of Analysts from a website other than the one from which you accessed this Agreement.

Use of the Services

These Services are intended for your personal, non-commercial use. You acknowledge and agree that the presentations, text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel and other protectable intellectual property available through 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 Band of Analysts or the Information Providers credited. You shall abide by all copyright notices, information, and restrictions contained in any content or information accessed through these Services.

You agree not to copy, reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works, new works or abstracts from, scrape or display for use on another website or service, rearrange, modify, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner other than as expressly permitted hereunder, without the express written consent of Band of Analysts, and not to use the content or information made available through the Services for any unlawful purpose. You agree not to upload, post, or submit the Services (including the content and information made available through the Services), in whole or in part, in any manner, to blogs, Web logs, newsgroups, mailing lists or electronic bulletin boards, without the express written consent of Band of Analysts. You also agree to access the Services manually by request and not programmatically by robots, macro, or other automated means.

Copying or storing of any content or information from the Services for other than personal use is expressly prohibited without prior written permission from Band of Analysts and the Information Providers credited.

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

Termination

Band of Analysts may discontinue or change all or any of the Services, or any portion thereof, or their availability to you, immediately, in its sole discretion, at any time without cause. Band of Analysts 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

The information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. Band of Analysts 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 the basis for any claim, demand or cause of action against Band of Analysts or any Information Provider. Band of Analysts believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. Band of Analysts may refer, link, or point to other websites that may be of interest to you but for which Band of Analysts has no responsibility. The Services include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Band of Analysts nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, 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. BAND OF ANALYSTS 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 BAND OF ANALYSTS NOR ANY OF ITS INFORMATION PROVIDERS, MEMBERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES (THE "EXCLUDED PARTIES") 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 OF 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, OR OTHERWISE COULD HAVE FORESEEN, SUCH DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Choice of Law and Forum

Anyone who uses or accesses the Band of Analysts website or its presentations, Services, and educational materials consents to abide by the laws of the State of New York. Any disputes arising from the use of the Services of Band of Analysts are subject to the laws of the State of New York. The State of New York shall have exclusive jurisdiction over all claims involving Band of Analysts. Additionally, Band of Analysts reserves the right to choice of forum within the State of New York. Anyone who uses the Services of Band of Analysts consents to agree to arbitrate any disputes only in the forum chosen by Band of Analysts.

Agreement to Mediation

In the event that a dispute arises between a customer and Band of Analysts, the customer agrees to mediation. The mediator shall be a person who is qualified to practice law in the State of New York. Band of Analysts reserves a right of refusal pertaining to any mediator. Once an appropriate mediator is appointed, arbitration shall take place within a reasonable time and its results shall be fully binding on the party that filed a claim. By using the Services of Band of Analysts, all customers acknowledge that the decision of an arbitrator in the State of New York can only be appealed on the grounds that the decision was "arbitrary and capricious." Any party who files a claim against Band of Analysts is subject to paying all legal costs incurred by Band of Analysts.

Links to Third Party Websites

The documents on this website may serve to provide access to the World Wide Web. Because Band of Analysts and its materials may connect to the Internet, once you leave the site, we cannot control the information you access. Band of Analysts links to external websites in the hope that users will find reference material on related subjects. Band of Analysts does not control those sites and is not responsible for the content included in them, including but without limitation any subsequent links contained within a linked site, or any changes or updates to a linked site. Each individual site has its own set of policies about what information is appropriate for public access. Band of Analysts is not responsible for any information or material located at any site other than www.bandofanalysts.com

Disclaimer of Reliability

Band of Analysts makes no representations or warranties regarding the condition or functionality of its presentations, services, educational materials, and website, their suitability for use, or that their web services will be uninterrupted or error-free.

Miscellaneous

Except as set forth in the section above entitled "Agreement", this Agreement constitutes the final and entire agreement between you and Band of Analysts regarding your use of the Services on the website from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and Band of Analysts regarding your use of the Services on the website from which you accessed this Agreement.

You agree that this Agreement and any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any of its conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York, New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

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