This Web, Sitewww.stockwatchindex.com, is provided by Stock Watch Index LLC (SWI) and is subject to the following terms of use, as modified by SWI Terms of Use. By using this Web Site or any application provided through this Web Site, you agree to these Terms of Use.
Web Site Content
The Web Site contains trademarks, service marks, copyrighted material, and other content owned by SWI and others (Content). As between you and SWI, SWI is the sole owner of all Content on the Web Site, including all copyrights, trademarks, and other intellectual property rights. You may not download, copy or save any Content or any portion of it, for any purpose, except you may print a copy of individual screens appearing as part of the Web Site solely for your personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted in these Terms of Use, you may not modify, copy, publish, display, transmit, adapt, or exploit the Content without the prior written permission of SWI.
User Content
All information (other than personal information, which is governed by our Privacy Policy), including data, text, files, graphics, and other materials that you transmit to the Web Site or supply to SWI, is referred to as User Content. By transmitting User Content on or through this Web Site, you agree that you are solely responsible for the transmission, accuracy, completeness, ownership, and publication of that User Content and that SWI is not responsible for your transmission of the User Content. By transmitting User Content to SWI or otherwise making User Content available on or through the Web Site, you grant SWI a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that User Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology, and you agree that any “moral rights” in that User Content have been waived. SWI does not monitor, review or edit User Content posted or made available on or through the Web Site. However, SWI reserves the right, in its sole discretion, to refuse, edit or remove any User Content, in whole or part, that in SWI’s judgment does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. SWI is not responsible for any decision, lack of decision or delay in editing or removing User Content.
Conduct
You may not transmit in any way User Content on or through the Web Site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements or policies of networks connected to the Web Site; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site; (v) collect or store information about the Users of the Web Site or the User Content posted by others on the Web Site or use such information for any purpose inconsistent with the purpose of the Web Site; or (vi) violate any applicable local, state, national or international law or regulation.
Linked Sites
SWI may provide links to third parties’ Websites or applications (Linked Sites). Linked Sites are not necessarily reviewed, controlled, or examined by SWI. Each Linked Site may have its own terms of use and privacy policy, and the user must be familiar and comply with all such terms and policies when using a Linked Site. SWI is not responsible for the content, availability, policies or practices of any Linked Site or any additional links contained therein. These links do not imply SWI’s endorsement of the Linked Resources or any company or service.
Privacy Policy
We encourage you to read our Privacy Policy, which is incorporated by referencing these Terms of Use.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SWI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEB SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL SWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF SWI OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
Indemnification
By using the Web Site, you agree to defend, indemnify and hold SWI, its affiliates, officers, directors, and employees harmless from any claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site, any violation of these Terms of Use by You, or any User Content you transmit on or through the Web Site.
Copyright Agent
If you believe that information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with an e-mail or other written notice with the following information: * an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; * identification of the copyrighted work claimed to have been infringed; * a description of where the material is located on the Web Site; * your address, telephone number, and e-mail address; * a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Applicable Laws/Jurisdiction
We control and operate this Web Site from our offices in the United States of America. Persons who access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws. The laws of the state of Wisconsin, excluding its conflicts-of-law rules, will govern these Terms of Use and your use of the Web Site. By using the Web Site, you agree and consent (i) that any claim or dispute with SWI or relating in any way to your use of the Web Site will be heard exclusively in state or federal courts located in the State of Wisconsin and closest to Milwaukee, Wisconsin; and (ii) to the exercise of personal jurisdiction in the courts of the state of Michigan, in connection with any such dispute.
Changes to Terms of Use SWI may change these Terms of Use from time to time in its sole discretion, without actual notice. Any change will appear on this page of the Web Site. You are encouraged to check for changes to these Terms of Use regularly. By using the Web Site following any modifications to these Terms of Use, you agree to be bound by any such modifications.
