LICENSE AGREEMENT FOR THE USE OF THE PORTFOLIOAND.ME SOFTWARE
1. General terms and conditions.
1.1. The present document represents a license agreement (the «Agreement») deemed to be made in written form under and pursuant to the provisions of the Russian law (the «Russian law») on terms and conditions set in this document below from the moment referred to in clause 1.2 of this Agreement by and between Artquant LTD (a legal entity registered under the Russian law under main state registration number 1147746430820 and having its registered office at: 119121, Russia, Moscow, 1-y Truzhenikov per., 14c6 (the «Developer»), being the sole legal owner of the software as «Portfolioand.me» (the «Software») and the person referred to in clause 2.1 of this Agreement (the «User»).
1.2. This Agreement is deemed to have been made and entered into in a written form from the moment:
the User completes its registration as such with the delivery to the Developer of acknowledgement with the terms and conditions of this Agreement (such acknowledgement can be, but not necessarily has to be, made by way of clicking on the relevant virtual button bearing a reference of any kind to confirmation of consent and/or acceptance by the User with the terms and conditions of this Agreement);
For the avoidance of any doubt and unless the Developer enters into a special arrangement with a specific user (such arrangement to constitute a deed to be made in form of one written document signed by both parties), hereby the Developer declares that any use of the Software otherwise than with acknowledgement of, acceptance of, consent and strict compliance with all the terms and conditions set under this Agreement is deemed to be prohibited and illegal.
2. User. Registration
2.1. Only a person having completed the registration process on the Developer’s web-site located at http://portfolioand.me and having provided in such registration process full and accurate (which shall be deemed to include, but not limited to, a reference to true and actual) information about itself shall be deemed to be the User.
In the event any of the information provided during the registration process is revealed (in the opinion of the Developer) to have been untrue, inaccurate and/or false, this Agreement is deemed to be non-concluded.
The person having completed the registration process as set in para 1 of this clause above, is held to update all the information it has provided with regards to itself on a timely basis and shall bear all the negative consequences of failing to do so.
In the event the Developer requires from the User to provide any additional data with regards to itself or update any of the information the User has provided to the Developer insofar, the User shall comply and satisfy such demand of the Developer as soon it has been made aware of the relevant request and in any case before it uses the rights provided to it with regards to the Software next time.
For the avoidance of any doubt in accordance with this agreement including all Annexes the User and the Client have the same meaning.
2.2. The person completing its registration as User of the Software with the delivery to the Developer of acknowledgement with the terms and conditions of this Agreement of the or the use of the Software (as referred to in clause 1.2 of this Agreement), is deemed to declare that:
(a) it is intending to use and/or using the Software for purposes other than those linked with personal and/or family needs (as this term of «personal and/or family needs» is understood under Russian law) or the aim to satisfy these needs; and
(b) it is intending to use and/or using the Software:
(i) in its own interest and benefit (such interest and benefit remaining out of the scope of personal and/or family needs), thus making him the User; or
(ii) in the interest of its employer, being a legal entity or a fund, trust or partnership of any kind and/or nature, benefiting of the same rights as a legal entity could have had in the course of normal business, commercial and/or civil relationships (in which case, the person referred to in this clause above shall be deemed as entering into this Agreement on behalf and with the consent of the relevant employer, thus making this employer bound by the terms and conditions of this Agreement), thus making of the said employer the User.
(с) it understands that:
(i) there is a substantial amount of risk in trading of Instruments, and the possibility exists that it can lose all, most or a portion of its capital (whether invested, borrowed or otherwise disposed).
(ii) the Developer does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment. The securities mentioned on our Site may not be suitable for investors depending on their specific investment objectives and financial condition.
For the avoidance of any doubt and unless the Developer enters into a special arrangement with a specific user (such arrangement to constitute a deed to be made in form of one written document signed by both parties), hereby the Developer declares that it is providing the right to use the Software under the terms and conditions of this Agreement relying on the declarations set under this clause above and providing that these declarations remain true and correct each time the User uses the Software.
In the event that any of the declarations set under this clause above become untrue or invalid, the use of the Software shall be deemed (and become) unlawful and this Agreement shall be deemed as automatically terminated without any notice to served by the Developer to the User.
2.3. At the moment this Agreement is deemed to have been made and entered into, the User shall be deemed as well as having entered into a Term of use agreement with FactSet Research Systems Inc., a Delaware corporation, on behalf of itself and its subsidiaries , located at 601 Merritt 7, Norwalk, CT 06851. Factset Term of Use Agreement is deemed to have been made by and between FactSet and the User on the terms and conditions (and in accordance with all and any of the policies applicable to the FactSet ® Data) described at Annex A.
2.4. For the avoidance of any doubt and unless the Developer enters into a special arrangement with a specific user (such arrangement to constitute a deed to be made in form of one written document signed by both parties) it is at the sole discrepancy of the Developer to define the scope of information to be provided by the person intending to become a User for the purposes of its registration as such and to define whether the registration has been completed or not.
Unless the information provided during the registration process is revealed (in the opinion of the Developer) to have been untrue, inaccurate and/or false, the person having completed the registration will be assigned by the Developer:
(a) a log in (the «Log-in»); and
(b) a password (the «Password»)
and will be notified about the possibility to start the use of the rights with regards to the Software provided to the User under this Agreement only upon delivery to the Developer of acknowledgement with the terms and conditions of this Agreement.
2.5. The Log-In and Password assigned to the User may not be transferred, assigned or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever. The User is held as sole and only responsible for keeping the assigned Log-in and Password secret and undertakes to change it regularly.
The User having failed to comply with the conditions of this clause set above shall be held as sole and only responsible for misuse of the Log-In and Password it has been provided.
3. The Software. Disclaimers with regards to the Software and the Developer
3.1. For the avoidance of any doubt reference to the Software made in this Agreement includes a reference to:
(a) the source code of the Software;
(b) the executing code of the Software;
(с) mathematical and other algorithms used within the Software;
(d) the interface design and functionality;
(e) the name of the Software;
(f) the design of any logo aiming to distinguish the Software;
(g) the data bases created in the course of use of the Software (regardless of the identity of the person having selected the data construing such data bases);
3.2. The Software is essentially intended for:
(a) Screening of (search for) financial instruments traded on open market (the «Instrument»);
(b) Acknowledgment with a selected of details relevant to each of the Instruments (the «Data»);
(с) Creation of algorithmic portfolios of Instruments corresponding to a certain number of parameters (the «Parameters»).
For the avoidance of any doubt and unless the Developer enters into a special arrangement with a specific user (such arrangement to constitute a deed to be made in form of one written document signed by both parties), as of the moment this Agreement is deemed to have been entered into, the User agrees that:
(i) the list, number, kind, quality and any other specific of the Instruments offered for screening and/or further acknowledgement with;
(ii) the list, number, kind, quality and any other specific of the Data provided for acknowledgement with;
(iii) the list, number, kind, quality and any other specific of the Parameters offered for creation of relevant portfolios of Instruments;
remains at all times at the sole discrepancy of the Developer and can be changed, amended, reduced, modified or otherwise varied at any time without prior consent and/or post-factum notification of the User.
3.3. Any material provided or information generated as result of or through the use of the Software is a result of implementation of a mathematical model (algorithm) implemented in the Software by the Developer. The algorithm is depending on Parameters applied by the User.
All of the signals, timing systems, and forecasts generated as result of or through the use of the Software are the result of backtesting, and are therefore hypothetical. Trading signals or forecasts used to produce the result generated as result of or through the use of the Software were derived from equations which were developed through hypothetical reasoning based on a variety of factors. Theoretical buy and sell methods were tested against the past to prove the profitability of those methods in the past only.
Performance generated through back testing has many and possibly serious limitations. Nothing in this Agreement shall be interpreted as claiming that the historical performance of the timing systems, signals or forecasts generated as result of use of the Software will be indicative of future results.
3.4. Notwithstanding the provisions of clauses 2.2 — 2.3 of this Agreement:
(a) any material provided or information generated as result of or through the use of the Software (including but not limited to any opinion and analysis) is based only on financial models believed to be reliable but not guaranteed, accurate or complete;
(b) any chart presented to the User as result of use of the Software depicts the results of such models used by the Developer and are depending on the parameters which the said models use;
(с) any material provided or information generated as result of or through the use of the Software (including but not limited to any opinion and analysis) shall not be regarded or treated by the User as an investment advice.
(d) regardless of any material provided or information generated as result of or through the use of the Software (including but not limited to any opinion and analysis) looking like containing forward-looking statements about various economic trends and strategies, these materials and information shall not be regarded as guaranteed and the User shall understand and accept that the real results of its actions undertaken pursuant to acknowledgement with these materials and information can substantially if not completely differ from reality due to an unlimited number of factors, not being taken into consideration in the algorithm currently used by the Software.
For the avoidance of any doubt, the Developer hereby declares that the Developer is not a financial advisor, investment broker or investment banking organization of any kind and the Software (as well as any material provided or information generated as result of or through the use of the Software) does not represent any recommendation, statement and/or advice of any kind a financial advisor, investment broker or investment banking organization could have provided. Each and any of the materials provided or information generated as result of or through the use of the Software are intended for informational purposes only and do not constitute a financial advice. The Developer is not and under no circumstances can be responsible for any investment decision made or action taken by the User as result of or in the course of use of the Software.
4. Rights reserved to and by the Developer. Other persons’ rights
4.1. The Developer declares itself to be the only holder of all the rights (including, but not limited to the author’s and patents rights, know-how and/or design) with regards to the Software.
4.2. The Developer reserves all of the rights it is entitled to with regard to the Software pursuant to the applicable provisions of the Russian law, international law and/or this Agreement, including (but not limited to):
(a) the right to copy, distribute and/or market the Software;
(b) the right to decompile and/or recompile the Software or any part thereof;
(с) the right to change, amend, adapt or otherwise modify the Software in any way and for any purpose;
(d) the right to assign, sell or otherwise dispose of all or a part of its rights related to the Software (including, but not limited to, the rights to assign any of the rights arising out of this Agreement).
For the avoidance of any doubt and unless this Agreement provides otherwise or the Developer enters into a special arrangement with a specific user (such arrangement to constitute a deed to be made in form of one written document signed by both parties), the execution of the rights reserved by the Developer is not subject to any kind of limitation or necessity to notify the User post factum on any fact of use or disposal by the Developer of the rights or any part thereof it has retained.
4.3. The Developer reserves the following rights with regard to this Agreement:
(a) to assign all or any part of its rights arising out of this Agreement without prior consent and/or post-factum notification of the User.
4.4. By entering into this Agreement the User is deemed to be acknowledged by the Developer that the Software can contain (use) or provide access to information, software, advertising and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the «Content») that can be protected by copyright, trademark or other proprietary rights of the Developer or third persons, not being parties of this Agreement.
The User agrees to comply with any additional copyright notices, information or restrictions relevant to the Content or any part thereof and under no circumstances not to modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted under this Agreement or with the prior written consent of the Company.
The User undertakes not to use otherwise than for the purposes of use of the Software any Content or any part thereof that have been uploaded to, stored in or memorized on any of the devices (or any part thereof) used by the User to get use of the rights with regard to the Software granted hereunder and as result of the use of the Software.
5. Rights of the User with regards to the Software
5.1. Pursuant to this Agreement the User is granted a simple (non-exclusive and non-transferable) license for the use of the Software by way of access to its interface on the Developers web-site at http://portfolioand.me allowing it only:
(a) to use the Software for the purposes it is intended for under clause 3.2 of this Agreement;
5.2. Unless the Developer provides otherwise, rights with regard to the Software granted to the User pursuant to clause 4.1 of this Agreement are provided for the term set under clause 5 of this Agreement and are subject to the following conditions:
(a) the User having registered itself as such by completing a relevant electronic registration form and having elected a relevant subscription fee to be paid as consideration in exchange of use of the rights provided to it hereunder; and
(b) the payment of the consideration set under clause 6 of this Agreement; and
(с) insert of the Log-In and Password it has been provided by the Developer for the purposes of use of the Software.
5.3. Rights provided to the User under this Agreement can vary in terms of volume of available functionality depending of the consideration payable by the User and the User agrees to such.
The description of the rights provided to the User under this Agreement in terms of volume of available functionality in respect to the consideration payable by the User is provided on the web site at http://portfolioand.me/en#page5.
5.4. The good and correct function and productivity of the Software is subject to the terms and conditions set under clause 8 of this Agreement.
5.5. The User undertakes:
(a) not to use the rights it has been provided with regard to the Software in any way that is, can or potentially can become harmful to protected public interests (such reference including a reference to rights of any person or a group of person, any state, municipality or estate) in any jurisdiction of the world;
(b) not to reproduce, publish, broadcast, circulate, upload, transmit, post or distribute otherwise and in any manner any materials provided or information generated as result of or through the use of the Software, without the Developer’s prior written consent;
(с) not to use otherwise than for the purposes of use of the Software any data, program, code or any part thereof that have been uploaded to, stored in or memorized on any of the devices (or any part thereof) used by the User to get use of the rights with regard to the Software granted hereunder and as result of the use of the Software.
6. Term and termination of the Agreement
6.1. The term of this Agreement is not limited by any date or period of time and this Agreement shall be deemed as terminated only upon its terminations pursuant to the terms and conditions of this Agreement.
6.2. Without any prejudice to any provision set under the Russian law and/or any other provision of this Agreement with regards to the termination of this Agreement, the Developer has the right at any time and unilaterally, without recourse to a court of any nature, repudiate this Agreement. If the Developer decides to use the right to repudiate this Agreement unilaterally, such repudiation can be made by way of:
(a) notification of the User to any of the addresses it has provided for the purposes of its registration as such;
(b) denial of access to the executing code of the Software being made in the absence of any failure to comply with the provisions of clauses 4.2 and/or 4.4 of this Agreement.
and shall be deemed to terminate this Agreement at the occurrence of any of the events listed in this clause above with the effect set under clause 5.4 of this Agreement.
6.3. Without any prejudice to any provision set under the Russian law and/or any other provision of this Agreement with regards to the termination of this Agreement, the User has the right at any time and unilaterally, without recourse to a court of any nature, repudiate this Agreement. If the User decides to use the right to repudiate this Agreement unilaterally, such repudiation can be made by way of:
(с) notification of the Developer to any of the addresses it has provided for such purposes to the User upon its registration as such;
(d) stop of payment of the consideration due for the provision to the User of the relevant rights arising out of this Agreement.
and shall be deemed to terminate this Agreement at the occurrence of any of the events listed in this clause above with the effect set under clause 5.4 of this Agreement.
6.4. In the event this Agreement is terminated (or deemed to have been terminated), regardless of the manner such termination of this Agreement has occurred:
(a) the User shall, immediately upon termination of this Agreement:
(i) stop the use of the Software;
(ii) Delete all the Content, data, program, code or any part thereof that have been uploaded to, stored in or memorized on any of the devices (or any part thereof) used by the User to get use of the rights with regard to the Software granted hereunder and as result of the use of the Software;
(b) the Developer shall, within a reasonable period of time upon termination of this Agreement:
(i) ensure that all the personal data provided to the Developer by the User in the course of its registration as such (or afterwards) are erased from all and any data bases kept by or for the Developer at the lapse of 5 (Five) years from the date of termination of this Agreement.
and shall be deemed to terminate this Agreement at the occurrence of any of the events listed in this clause that the User will not be entitled to any refund of any subscription fee for the remaining subscription period. However, this Agreement will remain active until the end of the period the User has paid for.
7.1. The consideration due to be paid by the User for the use of the rights with regard to the Software granted under this Agreement.
7.2. The payment of the consideration shall be immediately charged with the subscription amount made by card.
7.3. Any payment made otherwise than set in clause 7.2 of this Agreement (including, but not limited to by way of acquiring of the relevant payable amount through credit/debit card or wire transfer, is accepted by the Developer only if so explicitly should be drawn up in accordance with Annex B, but with the common understanding of the Developer and the User that the relevant transaction is made at the risk and cost of the User only, the User is the only person accepting the terms and conditions of the provider of the relevant processing services provider and the Developer shall bear no responsibility for any event of default having occurred as result or in the processing of such payment
8. Confidentiality and personal data processing
8.1. The User agrees that any data provided to the Developer in the course of registration as such or upon update of the relevant information (regardless of whether such update is made on request of the Developer or at the User’s initiative), can be used by the Developer for any of the following purposes:
(a) the performance of this Agreement with regards to the User;
(b) any reporting and/or filing requirement set or arising out of applicable legislation of any country in the world (including, but not limited to, the provision of the relevant details and data of the user upon official and legal request of any authority);
For the avoidance of any doubt, upon entering into this Agreement the User agrees that its withdrawal of the consent referred to in this clause of the Agreement (if allowed under applicable law) in full and/or in any part shall be deemed to terminate at the same time this Agreement.
8.3. Upon entering into this Agreement the User acknowledges that its has been informed by the Developer that the use of the Software can trigger creation of standard cookies used by WordPress and Google Analytics. The information set or generated by or through the said cookies is deemed to be designated for the Developer only and the Developer undertakes not to share this information with any third party not being engaged in the process of development, modification or maintenance of the Software and/or provision of access to the Software. This said, the Developer shall not be liable for any leek of information having occurred without its explicit action aiming such result.
9. Limitations of responsibility
9.1. Upon entering into this Agreement the User agrees to that the use of the Software is at the User 's sole risk. Neither the Company nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively - the «Providers») warrant that:
(a) the Software is (or will be) free from any defect or error; and/or
(b) the Software corresponds (or will correspond) to any criteria (or will provide any result) not explicitly mentioned in this Agreement;
(с) access to the Software will remain uninterrupted or error free.
The User agrees the Software is provided on an «as is» and «as available» basis without warranties of any kind.
9.2. The User specifically acknowledges that the Developer is not liable for the defamatory, offensive, or illegal conduct of other third parties, User, or other users of the forums and that the risk of injury from the forgoing rests entirely with each User.
9.3. In no event will the Developer or any person or entity involved in creating, producing, or distributing the Software and/or any material provided or information generated as result of or through the use of the Software be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use the Software. The User hereby acknowledges that the provisions of this clause shall apply to all Content provided as result of use of the Software.
9.4. The Developer neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement provided or generated as result of use of the Software in any manner, nor for any offensive, defamatory, or obscene posting made on the forums associated in any kind with the Software by anyone other than the Developer’s authorized spokespersons while acting in their capacities as such. Under no circumstances will the Developer be liable for any loss or damage caused by a User’s reliance on information obtained through the Content. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other Content made available as result of use of the Software.
10.1. The developer may at any time amend, modify or otherwise vary the terms and conditions set under or arising out of this Agreement (or any part thereof) without prior notice or consent of the User. All amendments, modifications and variations made into this Agreement will be published by the Developer at its web site at http://portfolioand.me/en/article/termsofuse. The User undertakes to consult the Developer’s web site at all times before it uses any of the rights its was granted under this Agreement with regard to the Software.
11.1. The Developer reserves itself the right to communicate with the User by any means available to the Developer, including by e-mail firstname.lastname@example.org.
For the avoidance of any doubt, any information sent by the Developer to the User as set above shall be regarded as properly delivered and/or served to the User each time it has been effectively sent to the User by one of the methods set above. The User is at all times held responsible to maintain the technical possibility to receive such messages; the User shall be the only person bearing the risk of any negative consequence having arisen as result of failure to comply with these provisions of the Agreement.
11.2. Unless otherwise arising out of the circumstances, all notices to be sent by the User to the Developer shall be made in written and sent by registered mail of first class, with acknowledgement of receipt by the addressee (as this service is described as per applicable provisions of Russian law) or any other analogical method allowing to establish both the content of the relevant notice and the date of its delivery to the Developer. All notices shall be sent to the Developer at:
123290, Russia, Moscow bld.14/6, 1st Truzhenikov Pereulok
12.1. The Developer shall be deemed as having fully performed all the obligations it has undertaken pursuant to this Agreement (and the consideration paid to the Developer by the User shall be deemed as fully consummated) at the occurrence of one of the events listed below (depending on which is applicable):
(a) Lapse of the term of use of the rights with regard to the Software provided to the User under this Agreement covered by the consideration paid by the User (in the event the User didn’t de-facto use any of the rights it has been provided pursuant to this Agreement);
(b) Any fact of use of the rights provided to the User pursuant to this Agreement within the term covered by the consideration paid by the User.
12.2. For the avoidance of any doubt, it has been agreed between the Parties that only the Log-books/Other source of the Developer shall be regarded and treated as proper proofs of use of the Software.
13.1. This Agreement has been made in English languages.
13.2. Notwithstanding the provisions of clause 14.1 of this Agreement, any notice or other communication made by or between the Developer and the User can be in Russian or English at the User’s choice communicated to the Developer during the course of the User’s registration as such.
14.1. This Agreement and all disputes arising out of it shall be subject to Russian law.
14.2. In the event the User is a natural person and is using the rights with regards to the Software granted pursuant to this Agreement in a manner not being connected anyhow to its business activity, all disputes arising out or in connection with this Agreement shall be submitted to and resolved by the Arbitrazhniy Court of the city of Moscow.
The FactSet Research Systems Inc. («FactSet») on behalf of itself and its affiliates agrees to provide and User agrees to use the FactSet Data described below according to the terms and conditions below.
1. License of Databases, Consulting and Software
a. Subject to the terms and conditions of this Agreement, FactSet grants to User the limited, nonexclusive, nontransferable rights to use its financial data («FactSet Data») via this website.
b. All proprietary rights, including intellectual property rights, in the FactSet Data will remain property of FactSet.
c. FactSet is the exclusive data provider for www.portfolioand.me but not for Artquant Ltd.
2. Restrictions of Use; Proprietary Rights
a. FactSet provides the FactSet Data solely and exclusively for User’s internal use and for business purposes only in User’s business. User will not use or permit any individual or entity under its control to use the FactSet Data for any unlawful or unauthorized purpose.
b. Except as otherwise expressly provided in this Agreement, User agrees that it will not copy, transfer, distribute, reproduce, reverse engineer, decrypt, decompile, disassemble, create derivative works from or make any part of the FactSet Data available to others. User may use Insubstantial Amounts of the FactSet Data in the normal conduct of its business for use in reports, memoranda and presentations to User’s employees, customers, agents and consultants, but FactSet and its respective affiliates reserve all ownership rights and rights to redistribute the FactSet Data. «Insubstantial Amounts of the FactSet Data» means an amount of the FactSet Data that (i) has no independent commercial value as a database, (ii) could not be used by User as a substitute for the FactSet Data or any part of it, (iii) is not separately marketed by User, an affiliate of User or a third-party source, and (iv) is not regularly or systematically retrieved in a manner that does not satisfy clauses (i), (ii) and (iii) of this definition. FactSet will have the right to require User to cease its use of the FactSet Data immediately if, in the sole reasonable judgment of FactSet, FactSet believes that User’s use involves more than an Insubstantial Amount of the FactSet Data.
c. FactSet represents and User acknowledges that the FactSet Data and its component parts were developed, compiled, prepared, revised, selected and arranged by FactSet or its affiliates through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, money and originality and that they constitute valuable intellectual property and trade secrets of FactSet. At FactSet’s expense and reasonable request, User agrees to cooperate with FactSet to protect the proprietary rights in the FactSet Data during the term of this Agreement. User covenants to (i) retain all copyright, trademark, service mark and other proprietary notices contained in the FactSet Data on any copy made by User; and (ii) not modify the FactSet Data in a way that would constitute an infringement of any third party intellectual property rights. User agrees to notify FactSet promptly in writing of any unauthorized access or use of which User becomes aware of or any claim that the FactSet Data or any component parts infringes on any copyright, trademark or other contractual or statutory or common law right. Neither party will use any trademarks, website marks, names, logos, or other identifiers of the other party without the prior written permission of the relevant party. In addition, neither party may use the other party’s trademarks: (i) in, as or as part of that party’s own trademarks or those of any third parties, (ii) in a manner likely to cause confusion, or (iii) in a manner that implies inaccurately that a party sponsors, endorses or is otherwise connected with the other party’s own activities, products or services. User will not, under any circumstances, remove any trademarks, copyrights or other related visual marks and logos from the information provided or from any reproduction or redistribution of such information.
a. FactSet may, in its sole discretion, terminate User’s use of the FactSet Data for any reason including: (i) breach by User of this Agreement, or (ii) conduct by User that is harmful to FactSet’s business.
b. User may not use, or assist any third party in using, any portion of the FactSet Data in any way to compete with the FactSet Data. If FactSet believes, in good faith, that the User is competing with FactSet, then FactSet may terminate this Agreement, consider the activity a material breach of this Agreement and pursue any and all remedies for the breach.
User will indemnify and hold harmless FactSet against all claims or demands by and liabilities to third parties, including without limitation reasonable attorney’s fees, arising from or in connection with User’s breach of any of its representations, warranties or covenants in this Agreement and User’s use of the FactSet Data not in accordance with this Agreement.
5. Warranties and Disclaimers
a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE FACTSET DATA IS PROVIDED «AS IS» AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE FACTSET DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, FACTSET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY OF THE FACTSET DATA. USER AGREES THAT THE FACTSET DATA IS NOT INVESTMENT ADVICE AND ANY OPINIONS OR ASSERTION CONTAINED IN THE FACTSET DATA DO NOT REPRESENT THE OPINIONS OR BELIEFS OF FACTSET OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES. FactSet does not warrant that the FactSet Data will be uninterrupted, error free, or completely secure. FactSet expressly disclaims any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the FactSet Data. User expressly assumes the entire risk for the results and performance of the FactSet Data.
b. None of FactSet or its respective affiliates will have any liability for any lost profits or direct, indirect, special, consequential, punitive or exemplary damages, even if advised in advance of the possibility of these types of damages.
6. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to any subject matter covered by this Agreement. User may translate this Agreement into other languages for the convenience of User, but the controlling language will be English.
7. Governing Law
This Agreement will be governed by, construed and enforced pursuant to the laws of the State of New York and will be subject to the exclusive jurisdiction of that state without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement will be settled by the state or federal courts located in New York, New York. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY. User may not bring a cause of action under or related to this Agreement more than one year after User knew or should have known of the cause of action, and in no case more than one year after the termination of this Agreement.
8. Confidential Information
«Confidential Information» means any non-public information obtained under or in connection with the User’s receipt of FactSet Data, including the FactSet Data. Except to the extent required by law or legal process or as otherwise provided herein, User will not disclose any Confidential Information to any third party.
Consent to use Information
What information does www.portfolioand.me collect?
We collect two types of data and information from you:
(1)Non-Personal Information - Portfolioand.me retains some non-personally identifiable information («Non-Personal Information»), such as your approximate geo-location, your web request, browser type, browser language, web pages you visit before or after visiting our Website, URLs, platform type, click numbers, landing pages, viewed pages and the order of those pages and time spent on pages. This information is collected and retained for security reasons and so that we can audit and statistically track usage, audit our affiliates, and calculate payments to third parties.
(2)Personal Information - is information that may be of a private or sensitive nature, including your name, gender, phone number, e-mail address or mailing address, and IP address.
Some of the Personal Information is collected from you when you create an account («Account») on the Service (which may be required in order to access certain services or programs via the Service) and submit your information. You are also able to create an Account using your credentials with a designated third party website or service («Third Party Account»), such as Facebook® or Linkedin®. Doing so will enable you to link your Account and your Third Party Account. If you choose this option, a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with your Third Party Account. Such information includes your Personal Information stored on this Third Party Account, such as user name, email address, profile picture, gender, birthday and preferences.
In order to access our services, users may be asked to fill in a form, providing some personal information to the Company. Answers to questions on Personal Information are not mandatory unless the fields are marked with an asterisk. Provision of the information requested in the optional fields of the registration form is not mandatory in order to receive the services and information that we provide through the Site (unless otherwise indicated in the registration form). However, failure to complete mandatory fields or providing incorrect Personal Information may prevent us from fully providing the requested information or services.
What is the Purpose of Collecting this Information?
We collect the information outlined above in order to provide you with a better service. Non-Personal Information is collected for research and statistical purposes, to enable us to develop, customize and improve the Service, based on your preferences, usage and interactions with the Service, to process your requests for information, and to provide you with the most relevant services and offers.
In addition to the above, your Personal Information allows us to provide you with technical assistance and support.
Who Else Receives this Information?
We share your Personal and Non-Personal Information and billing details for merchant bank.
Right of Access, Rectification, Cancellation and Objection
You have the right to access, correct, update or object to the use of your Personal Information by making a changed request in personal account. Changes take effect immediately.
Confidentiality and Security
The Company will take all technical and organisational security measures to ensure your Personal Data is kept securely to protect your Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access. In this case these measures provide a level of security appropriate to the risk represented by the processing and the nature of the Personal Data to be protected. Modern technological advances mean that safety measures are in place and will continue to be improved to safeguard you and your privacy.
Last update 11/09/2017