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These Terms of Use were last updated on April 10, 2005.
By accessing and using THE FORINO REPORT Web Sites, theforinoreport.com,
forinoreport.com (the "Web Site"), you are agreeing to be legally bound by these Terms of Use. By using
THE FORINO REPORT Web Site, you represent that you are 16 years or older and agree to abide by the
following Terms of Use. If any of these terms are unacceptable to you, you may not access THE FORINO
REPORT Web Site until agreement has been reached between you and THE FORINO REPORT as to the applicable
terms of use. The terms "you" and "User" refer to anyone who accesses THE FORINO REPORT Web Site.
As you browse through THE FORINO REPORT sites you may access other Web Sites
that are subject to different terms of use. When you use those sites, you will be legally bound by the
specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the
other terms of use, the other terms of use will govern with respect to use of such pages.
THE FORINO REPORT, (THE FORINO REPORT) may change these Terms of Use at any
time without notice. Changes will be posted at www.theforinoreport.com under "Terms of Use". Your use
of the Web Site after any changes have been posted will constitute your agreement to the modified Terms
of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for
changes.
- USE OF THE FORINO REPORT WEB SITE.
THE FORINO REPORT hereby grants you a non-exclusive, non-transferable,
limited license to access and use the Web Site for the fees, if applicable, and under the terms set
forth below.
The Web Site and the content, including, but not limited to, text,
data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and
video (the "Content"), displayed on the Web Site, may be used only for your personal and non-commercial
use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify,
create derivative works from, or store any Content, in whole or in part, from the Web Site or to
display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for
any commercial purpose, without the express prior written consent of THE FORINO REPORT.
The Content is the property of THE FORINO REPORT or its licensors, and
is protected by copyright and other intellectual property laws. All trade names, trademarks, service
marks and other product and service names and logos on the Web Site and within the Content are
proprietary to their respective owners and are protected by applicable trademark and copyright laws.
Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may
be registered or unregistered marks of THE FORINO REPORT or others. Nothing contained on this Web Site
should be construed as granting any license or right to use any of the Marks displayed on the Web Site
without the express written permission of THE FORINO REPORT or a third party owner of such Marks. Any
unauthorized uses of the Marks or any other Content are strictly prohibited.
You may, on an occasional and irregular basis, reproduce, distribute,
display or transmit an insubstantial portion of Content, for a non-commercial purpose and without
charge, to a limited number of individuals, provided you include all copyright and other proprietary
rights notices with such portion of the Content in the same form in which the notices appear on the Web
Site, the original source attribution, and the phrase "Used with permission from THEFORINOREPORT.com, a
Web Site THE FORINO REPORT". However, you may not post any Content from the Web Site to forums,
newsgroups, list serves, mailing lists, electronic bulletin boards, or other Web Sites, without the
prior written consent of THE FORINO REPORT. To request consent for uses such as linking to THE FORINO
REPORT Content or posting Content on your Web site, you may contact THE FORINO REPORT at Web
info@THEFORINOREPORT.com.
You may not use the Web Site for any unlawful purpose. You shall honor
all reasonable requests by THE FORINO REPORT to protect THE FORINO REPORT proprietary interests in THE
FORINO REPORT Web Site.
- REGISTRATION
As part of the registration process, you must use your e-mail address
and password and provide THE FORINO REPORT with accurate, complete, and updated information. Failure to
do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
- LIMITATION ON THE FORINO REPORT WARRANTIES AND LIABILITY
You are entirely liable for activities conducted by you or anyone else
in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or
the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content
and the Web Site. THE FORINO REPORT will not pay you any damages in connection with your browsing or
use of the Web Site.
The Web Site includes THE FORINO REPORT ratings and other opinions that
must be construed solely as statements of opinion and should not be construed as statements of fact.
THE FORINO REPORT ratings are not "market ratings" nor are they recommendations to conduct or not to
conduct business with the rated companies on this site. THE FORINO REPORT relies on information
provided by subcontractors, third parties, accountants, counsel and other experts and does not perform
an audit in connection with any rating. The use of THE FORINO REPORT Web Site by User should not be
construed as an endorsement of the accuracy of any of the data or conclusions, or as an attempt to
independently assess or vouch for the financial condition of any company. Additional information about
our subscription fees is available at www.theforinoreport.com. THE FORINO REPORT receives no payment
for disseminating ratings, except for subscriptions to its print and website publications. While THE
FORINO REPORT reserves the right to disseminate the rating, it receives no payment for doing so except
for subscriptions to its website and print publications. Each rating or other opinion must be
considered, if at all, as only one factor in any business decision made by you.
Due to the number of sources from which the Content is obtained, and
the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in
such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY
WARRANTIES. THE FORINO REPORT DOES NOT MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR
COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE FORINO REPORT WEB SITE, THE
FORINO REPORT WEB SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A
DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE FORINO REPORT WEB SITE. THE FORINO REPORT HEREBY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. THE FORINO REPORT SHALL NOT BE LIABLE TO THE
USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS
OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE FORINO REPORT, NOR ANY OF THEIR
THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY
USE OF THE FORINO REPORT WEB SITE. NEITHER THE FORINO REPORT NOR ANY OF ITS AFFILIATES, AGENTS OR
LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB
SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING,
COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR
OTHERWISE. IN NO EVENT WILL THE FORINO REPORT, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
- LINKS TO OTHER WEB SITES FROM THIS WEB SITE.
You may, through hypertext or other computer links, gain access to Web
Sites operated by persons other than THE FORINO REPORT. Such hyperlinks are provided for your reference
and convenience only, and are the exclusive responsibility of such Web Sites' owners. You agree that
THE FORINO REPORT is not responsible for the content or operation of such Web Sites, and that THE
FORINO REPORT shall have no liability to you or any other person or entity for the use of third party
Web Sites. Except as described below, a hyperlink from this Web Site to another Web Site does not imply
or mean that THE FORINO REPORT endorses the content on that Web Site or the operator or operations of
that site. You are solely responsible for determining the extent to which you may use any content at
any other Web Sites to which you link from THE FORINO REPORT Web Site. THE FORINO REPORT assumes no
responsibility for the use of third party software on THE FORINO REPORT site and shall have no
liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated
by such software.
- TIMELINESS OF CONTENT
The Content displayed on the Web Site, including, but not limited to,
reports and other opinions, are current as of the date appearing on the report and are subject to
change without notice. Unless indicated otherwise, ratings are updated periodically by THE FORINO
REPORT to reflect changes in the market and other criteria. THE FORINO REPORT does not guarantee or
warrant the accuracy, timeliness, or completeness of any ratings you receive using the Web Site.
- THE USER'S CONTENT
The User grants to THE FORINO REPORT the non-exclusive right to use all
material entered into THE FORINO REPORT Web Site by the User (other than third-party material
transmitted through private electronic mail) in any of THE FORINO REPORT.S print or electronic
publications.
Users entering material into THE FORINO REPORT Web Site are responsible
for the content of that material. THE FORINO REPORT shall not be responsible for Other Content,
including the content of any messages or information posted by Users or others, or for the content of
information accessible via direct or indirect hyperlinks from THE FORINO REPORT Web Site. However, THE
FORINO REPORT retains the right, which it may or may not exercise in its sole discretion, to review,
edit, or delete Other Content that THE FORINO REPORT deems to be illegal, offensive, or otherwise
inappropriate.
You may not input or distribute any material through THE FORINO REPORT
Web Site that is promotional in nature, including solicitations for funds or business, without the
prior written authorization of THE FORINO REPORT.
The User agrees to indemnify THE FORINO REPORT from all damages,
liabilities, costs, charges and expenses, including reasonable attorneys' fees, that THE FORINO REPORT,
their affiliates, employees, and authorized representatives may incur as a result of either: (i) the
User's breach of this Agreement; or (ii) material entered into THE FORINO REPORT Web Site with the use
of the User's screen name or password.
- ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either THE FORINO
REPORT or you. Either party can terminate the Agreement by notifying the other party by telephone or
electronic mail of the decision to terminate.
THE FORINO REPORT may discontinue or change THE FORINO REPORT Web Site,
or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties
relating to THE FORINO REPORT Web Site and supersedes any and all other agreements, oral or in writing,
with respect to THE FORINO REPORT Web Site. The failure of THE FORINO REPORT to insist upon strict
compliance with any term of this Agreement shall not be construed as a waiver with regard to any
subsequent failure to comply with such term or provision. This Agreement is personal to you, and you
may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or
unenforceable under applicable law, the remaining provisions will continue in full force and effect.
This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be
governed by the laws of the United States of America and Connecticut, as if the Agreement was a
contract wholly entered into and wholly performed within Connecticut. All rights not expressly granted
herein are reserved.
- ANTI-HACKING PROVISION
You expressly agree not to:
- use or attempt to use any "deep-link," "scraper," "robot,"
"bot," "spider," "data-mining," "computer code" or any other automated device, program, tool,
algorithm, process, or methodology or manual process having similar processes or functionality, to
access, acquire, copy, or monitor any portion of the Web Site, any data or content found on or accessed
through the Web Site or any other content without the prior express written consent of THE FORINO
REPORT;
- obtain or attempt to obtain through any means any materials or
information on the Web Site that have not been intentionally made publicly available either by their
public display on the Web Site or through their accessibility by a visible link on the Web Site;
- violate the restrictions in any robot inclusion headers on this
Web Site or in any way bypass or circumvent any other measure employed to limit or prevent access to
the Web Site or its Content
- violate the security of the Web Site or attempt to gain
unauthorized access to the Web Site, data, materials, information, computer systems or networks
connected to any THE FORINO REPORT server, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of
the Web Site or any activities conducted on or through the Web Site, including accessing any data,
content or other information prior to the time that it is intended to be available to the public on the
Web Site;
- take or attempt any action that, in the sole discretion of THE
FORINO REPORT, imposes or may impose an unreasonable or disproportionately large load or burden on the
Web Site or THE FORINO REPORT infrastructure.
- FALSE, MALICIOUS, and SELF REPORTING PROVISION
You expressly agree not to:
- either individually or on behalf of or through any third party,
directly or indirectly, register or attempt to register to file reports on oneself or sub-division,
partner, affiliate, or competitor.
- either individually or on behalf of or through any third party,
directly or indirectly, collude with subcontractors to alter, change, or influence the content of a
report.
- file or attempt to file false, malicious reports, or report on
oneself either individually or on behalf of or through any third party, directly or indirectly.
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