PLEASE READ THESE TERMS CAREFULLY
You hereby agree and acknowledge that except as expressly permitted in a written agreement with FinCap Solutions or any of its affiliates (“FinCap Solutions”), you are expressly prohibited from using the content, information and materials herein and any information provided by FinCap Solutions in any format and/or delivery method including without limitation email, facsimile, journalistic content (the "Content") for any purpose, including creating any derived data. You are specifically prohibited from distributing, transferring, sub-licensing, transmitting, selling, repackaging, assigning, leasing, reselling, publishing or otherwise making available all or any portion of the Content herein, or any derived data, analysis or presentation based on such Content, by whatever means to any person or entity. Any unauthorized use of any Content appearing herein may violate the intellectual property rights of FinCap Solutions under any intellectual property laws such as copyright laws, trademark laws, regulations and statutes and is strictly prohibited.
FinCap Solutions does not represent or warrant that any Content will be error-free, that any defects will be corrected, or that your use of the Content will provide specific results. The Content is delivered on an “as-is” and “as-available” basis. All Content provided is subject to change without notice. The entire risk as to the accuracy and completeness of all Content is with you. Neither FinCap Solutions nor any data provider makes any warranty, express or implied, as to the accuracy, timeliness or completeness of the Content, or as to the results to be attained by you or others from your use of the Content. You hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that you have not relied upon any warranty, guaranty or representation made by FinCap Solutions or any data provider.
The Content may contain certain forward-looking statements. Although it is believed that any expectations are based on reasonable assumptions, any forward-looking statements may be influenced by factors that could cause actual outcomes and results to be materially different from those predicted. Forward-looking statements may be identified by using the words "targets", "believes", "estimates", "expects", "aims", "intends", "will", "can", "may", "anticipates", "would", "should", "could" and similar expressions in such statements or the negative thereof. These forward-looking statements are subject to numerous risks and uncertainties. You are cautioned not to rely on these forward-looking statements, which speak only as of the date they were made. Except as required by law, FinCap Solutions undertakes no obligation to publicly release any update or revisions to these forward-looking statements to reflect events or circumstances after their time of publication.
Without prejudice to any agreement which you may have with FinCap Solutions, neither FinCap Solutions nor any data provider shall in any way be liable to you or any third party for any inaccuracies, errors or omissions (regardless of cause) in the Content, or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, neither FinCap Solutions nor any data provider shall have any liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by you or any third party, whether or not based on the Content contained herein.
Your sole remedy against FinCap Solutions for dissatisfaction with the Content is to stop using the Content and this limitation of relief is a part of the bargain between the parties. This disclaimer applies to any damages or liabilities caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
You agree to indemnify, defend and hold harmless FinCap Solutions from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party against FinCap Solutions due to or arising out of your use of the Content.
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