FIREROCK SUBSCRIBER TERMS AND CONDITIONS AGREEMENT

BELOW IS THE FIREROCK SUBCRIBERS TERMS AND CONDITIONS AGREEMENT. IT IS POSTED HERE FOR THE REFERENCE OF ALL SUBCRIBERS REFERRED TO BELOW “YOUâ€, “YOURSâ€). THIS IS WHERE YOU WILL FIND UPDATES TO THE AGREEMENT IN THE FUTURE. THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME AT THE SOLE DISCRETION OF FIREROCK RESEARCH LLC.



USE OF THE FIREROCK RESEARCH (“FIREROCKâ€) ON THE FIREROCKRESEARCH.COM WEB SITE (AS WELL AS THE WEBSITE ITSELF AND ALL OF ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THE DATA, INFORMATION, MATERIAL, SOFTWARE, AND GRAPHICS PROVIDED IN CONNECTION WITH THE WEB SITE) (COLLECTIVELY, "WEBSITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT (COLLECTIVELY “AGREEMENTâ€) . BY CHECKING THE "I HAVE READ AND AGREE TO THE FIREROCK RESEARCH TERMS AND CONDITIONS AGREEMENT" BOX AND CLICKING THE "CONTINUE" BUTTON AT THE BOTTOM OF THE REGISTRATION PAGE, OR BY USING THE WEBSITE IN ANY MANNER: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (2) YOU AGREE TO BE BOUND BY ALL THIS AGREEMENT. AS USED BELOW, THE WORDS “PRODUCTS AND SERVICES†SHALL MEAN ALL SERVICES, PRODUCTS, CONTENT, AND FEATURES PROVIDED TO YOU PURSUANT TO THIS AGREEMENT.

FireRock may change the terms and conditions of this Agreement at any time at its sole discretion. You will find notification of any such changes in the “TERMS AND CONDITIONS†PORTION OF THE WEBSITE. You will be responsible for regularly checking this area and for reviewing any such changes, and will be conclusively presumed to have done so. In addition, the current Terms and Conditions Agreement can be found in the Memberships area of the Website. By using the FireRock Product and Services (“Product†and “Serviceâ€) associated with this Agreement after notice of such changes is posted, you agree to be bound by those changes. If you do not agree to be bound by any such changes, you must immediately stop using the Product and cancel your subscription, as set forth below.

1. Privacy Protection: Please refer to “Privacy†portion of the website.  

2. Use of Content on the Web Site: Subject to the term and conditions of this Agreement, FireRock grants you a revocable, non-transferable, non-exclusive, limited license to use the FireRock’s Products and Services but only for your own personal, noncommercial use and not for any use on behalf of any third party, not to use the Service for illegal purposes, and not to interfere or disrupt networks connected to the Products and Services. For purposes of this Agreement, the products and services shall be deemed to be a part of the Web Site. You should download and print hard copies of this Agreement. Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Website or any portion thereof without FireRock’s prior written consent. FireRock has the right, at any time without notice, to: (i) revoke or limit your license to use the Website and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Website (or any portion thereof). FireRock has no obligation to update the Website or to correct any errors or omissions that might be contained in it.  

3. Disclaimer of Warranties: THE WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS. FIREROCK DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. NEITHER FIREROCK NOR ITS PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE WEBSITE. NEITHER FIREROCK NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE WEBSITE. FIREROCK IS NOT REGISTRED AS AN INVESTMENT ADVISOR. FIREROCK RELIES UPON THE “PUBLISHERS†EXCLUSION FROM THE DEFINTION OF THE INVESTMENT ADVISORY UNDER SECTION 202 (a)(11) OF THE INVESTMENT ADVISERS ACT OF 1940 AND CORRESPONDING STATE SECURITIES LAWS. WE EXPRESSLY FORBID OUR RESEARCHERS, WRITERS, INDEPENDENT CONTRACTORS OR EMPLOYEES FROM GIVING ANY PARTICULAR RECOMMENDATIONS ON STOCKS. WE ARE NOT RECOMMENDING THE PURCHASE OF STOCKS IN ANY WAY WHATSOEVER. PRIOR TO MAKING ANY INVESTMENT DESCION, WE STRONGLY RECOMMEND CONSULTING WITH YOUR INVESTMENT ADVISOR, FINANICIAL CONSULTANT, AND/OR ANY OTHER INVESTMENT PROFESSIONAL TO MAKE INDEPENDENT INVESTIGATIONS BASED ON YOUR OWN DUE DILIGENCE BEFORE ACTING ON THE INFORMATION THAT YOU OBTAIN FROM FIREROCK OR COLLECT FROM OUR WEBSITE.  

4. Intellectual Property: These Products and Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties including but not limited to text, content, photographs, video, audio, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Products and Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Products and Services are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Products and Services.    

5. Restrictions on Use. You may not use the Products and Services for any illegal purpose or in any manner inconsistent with the terms of this Agreement. You agree to use the Products and Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Products and Services in any manner that could compete with the business of FireRock. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by FireRock and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of FireRock and such others. You agree to protect the proprietary rights of FireRock and all others having rights in the Products and Services during and after the term of this Agreement and to comply with all reasonable written requests made by FireRock or its suppliers of content or otherwise ("Suppliers") to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify FireRock in writing promptly upon becoming aware of any unauthorized access or use of the Products and Services by any party or of any claim that the Products and Services infringes upon any copyright, trademark, or other contractual, statutory or common law rights.  

6. Further Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the products and services. The analysis and data included in www.FIREROCKRESEARCH.COM may not be recirculated, redistributed or published without prior written consent from FireRock. Modification of the content is a violation of FireRock’s copyright. No part of this Products and Services may be offered for resale or distribution.    

7. License: You acquire absolutely no rights or licenses in or to the Products and Services and materials contained therein other than the limited right to utilize the Products and Services in accordance with the terms of this Agreement. Should you choose to download content from the Products and Services, you must do so in accordance with the terms of this Agreement. Such downloads are licensed to you by FireRock only for your own personal, noncommercial use in accordance with the terms of this Agreement and does not grant or transfer any other rights to you.    

8. Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Products and Services (the "Intellectual Property Rights") shall, as between you and FireRock, at all times be and remain the sole and exclusive property of FireRock. All present and future rights in and title to the Product and Services but not limited to (including the right to exploit same any present or future technology) are reserved to FireRock for its exclusive use. Except as specifically permitted by the terms of this Agreement, you may not copy or make any use of the Products and Services. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, logos or titles of FireRock or the Products and Services, or the names of any individual participant in, or contributor to, the Products and Services, or any variations or derivatives thereof, for any purpose, without FireRock’s prior written approval.    

9. Limitation of Liability: You agree that your use of the Products and Services is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that FireRock makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. FireRock does not warrant that the Products and Services is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that FireRock, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of FireRock, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Products and Services and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against FireRock by any other party or any fault, inaccuracy, omission, delay or any other failure in the Products and Services caused by your computer equipment or arising from your use of the Products and Services on such equipment. The content of other Websites, services, resources, goods or advertisements (including those for which FireRock may receive compensation) that may be linked to the Products and Services is not maintained or controlled by FireRock. FireRock is therefore not responsible for the availability, content or accuracy of other Websites, services, resources or goods that may be linked to, or advertised on the Products and Services. FireRock does not make any warranty, express or implied, with respect to the use of the links provided on the Products and Services, guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, resources, goods or advertisements that may be linked to the Products and Services or make any endorsement, express or implied, of any other Websites, services, resources, goods or advertisements that may be linked to the Products and Services. FireRock is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Products and Services. You understand that FireRock and/or third-party contributors to the Products and Services may choose at any time to inhibit or prohibit their content from being accessed under the terms of this Agreement. You acknowledge that the Products and Services are provided for information purposes only and is not intended for trading purposes, the service includes information taken from any Stock Exchanges and other sources. FireRock does not guarantee the sequence, accuracy, completeness or timeliness of the service and the provision of certain parts of the Products and Services are subject to the terms and conditions of other agreements to which FireRock is a party. Accordingly, anything to the contrary herein set forth notwithstanding, FireRock its officers and employees, members, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Products and Services including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Products and Services or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FIREROCK, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A FIREROCK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall FIREROCK total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this website.    

10. Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless FireRock, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against FireRock, its employees, representatives, Suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against FireRock, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Products and Services, including but not limited to your use or someone using your computer’s use of the Products and Services; a violation of the terms by you or anyone using your computer; a claim that any use of the Products and Services by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Products and Services by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.    

11. Termination of Terms: FireRock may terminate this Agreement and your use of Product and Services at will, at any time and effective immediately.    

12. Accessing FireRockreseach.com Outside the United States: If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Your subscription is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) to any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s Table of Deny Orders. By using the Products and Services, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.    

13. Subscription and Product and Service: You may not use FireRock’s website or any other product, service without a valid subscription from FireRock. To obtain a subscription, you must register for the Products and Services by completing the online registration form available on the Website or by contacting us directly via email or by telephone. Your subscription will not be valid unless and until FireRock accepts your registration. By registering for the Products and Services, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify FireRock promptly of any changes to this registration information via email on the “CONTACT US†portion of the website.    

14. Subscriber Password: When you register as a subscriber, you select a login and password, which you may retrieve at any time as often as you like. FireRock may disable or reset in its sole discretion. Your login and password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Agreement). YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. IF YOU SUSPECT THAT YOUR LOGIN AND PASSWORD HAS BEEN COMPROMISED, PLEASE EMAIL YOUR REQUEST TO FIREROCK THROUGH THE “CONTACT US†WEBPAGE AND WE WILL RESET YOUR PASSWORD ON YOUR BEHALF. 15. Charges and Billing Practices: During the free fourteen (14) day demo period, you will not be charged a subscription fee. FireRock reserves the right to change the fees it charges for products, services or features (collectively, "Products and Services") at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and Services and/or modifying fees for existing Products and Services. By using any of the Products and Services, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below however if you have not cancelled your subscription during the free 14 day demo period, you will be charged and agree to pay the subscription fee of your choice.    

16. Cancellation: You may cancel your subscription by notifying FireRock of such cancellation in writing via email on the “CONTACT US†webpage and we will initiate such cancellation. If you cancel your subscription during your 14 day (14) day demo period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your fourteen (14) day demo period expires, the payment option that you choose will be charged to the payment method specified during the account registration.  

17. Customer Service and Product Support For customer service technical related support to your Products and Services subscription (including information regarding registration and billing), contact FireRock via email on the “CONTACT US†WEBPAGE.    

18. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Washington, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of Washington. Prior to filing a request for Arbitration through Judicial Dispute Resolution, please notify us in writing at: FireRock Research LLC, Attn: Jason T. Leehan, 800 Fifth Avenue, Suite 4000, Seattle, WA 98104-3179. If both parties cannot resolve the dispute you hereby consent to, and agree to bring any and all claims to Judicial Dispute Resolution located in Seattle, Washington as the exclusive venue of such claims.    

19. Entire Agreement: This Agreement constitutes the entire agreement between you and FireRock regarding the subject matter hereof, and supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.    

20. Severability: To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.  

 

Copyright © 2009 FireRock Research. All rights reserved. C + EULA

FIREROCK RESEARCH LLC’S END USER LICENSE AGREEMENT

By logging in to this system, you agree that your use of this site and its related services are subject to the Terms and Conditions and EULA.By using the site, you agree to be bound by these Terms without modification.We reserve the right to make changes to the site and/or the Terms at any time. Your continued use of the site following such change shall signify your agreement to be bound by the modified Terms. IMPORTANT: READ CAREFULLY BEFORE USING THE WEBPAGE  

This Data license Agreement ("Agreement") is between you (either an individual or an entity), the End User, and FireRock Research LLC ("FireRock"). The Agreement authorizes you to use the Data (“Elementâ€) license specified below, which may be stored on our web pages or servers or, sent to you by electronic mail, downloaded from FireRock’s Web pages or servers or from other sources under the terms and conditions set forth below. This is an agreement on end user rights and not an agreement for sale.

Read this Agreement carefully before downloading, viewing or using the webpage. You agree to the terms and conditions of this Agreement.

YOU AGREE THAT YOUR USE OF THE DATA ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Data License Agreement "Data" is defined as the FireRock Element “Element†with which this License Agreement ("Agreement") is included and any updates or maintenance releases thereto. "Not for Resale Data" is defined as Data or Element that is not for resale and is labeled "Not for Resale" or "NFR." The use by you of any services or content accessible through the FireRock Research webpage or server may be subject to your acceptance of separate agreements with FireRock or third parties. Do not use the Element until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the FireRock Element from FireRock to you ("you" or "Licensee"), and viewing or using the Element indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased this Element or if you are evaluating the Element and do not agree with the terms and conditions of this Agreement, promptly notify us in writing via email through the “Contact Us†portion of the thirty (30) day trial period. You must cancel your subscription within 30 days of the purchase of the Element or you will be responsible for the annual subscription amount in full. License and Restrictions

License Grant for Data

Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive data license to use the Element on the FireRock webpage or server. You may not transfer, assign or otherwise allow your rights in the Element to any other person.

License Grant for Trial Data Subject to the terms this Agreement, you are granted a limited non-exclusive license to use the Element specified for one (1) user. You may not copy the printed materials or user documentation accompanying the Element whatsoever. BY YOUR USE OF THE WEBPAGE DURING THE FREE TRIAL PERIOD, YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE CONTINUED USE OF THE ELEMENT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION PRIOR TO THE END OF THE TRIAL PERIOD.

Restrictions

You agree not to: (1) enable others to use your user name and password; (2) duplicate the Element data by any other means including electronic; (3) allow individuals who have not purchased a subscription from FireRock to use the webpage; or (4) printing and transmitting the Element in hard copy form. The Element in its entirety is protected by copyright laws. The FireRock Element also contains the trade secrets of FireRock and you may not decompile, reverse engineer, disassemble, or otherwise reduce the FireRock Element to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Element. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the FireRock Element, or related materials or create derivative works based upon the Element or any part thereof.

Feedback

FireRock may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products and services ("Feedback"). You agree that FireRock may, in its sole discretion, use the Feedback you provide to FireRock in any way, including in future modifications of the Element, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant FireRock a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to FireRock in the Feedback.

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