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Last Updated: September 7, 2007
To assist you in using our eSignal websites, www.esignal.com, www.esignalcentral.com, www.esignallearning.com, www.futuresource.com, www.marketcenterlive.com, www.quotrek.com, www.quote.com, www.ragingbull.com, www.advancedget.com, and any other
websites we may launch from time to time (collectively, the “Websites”), and to
ensure a clear understanding of the relationship arising from your use of any
of the Websites, we have created a set of Website Terms and Conditions and a
Privacy Policy. Our Website Terms and Conditions govern your use of our
Websites generally and the relationship between you and us. Our Privacy Policy explains how we protect
information you provide to us through the Websites. Please read on to learn
more.
Your use of any of the Websites or any of the Services (defined below)
constitutes your agreement to be bound by and comply with the Website Terms and
Conditions and your consent to the collection, use and disclosure of personal
information as described in the Privacy Policy. If you do not so agree and
consent, you are not authorized to visit or use our Websites or the Services.
If you have any questions and/or comments regarding our Websites, you may
contact us as provided in Section
12.0 of our Privacy Policy.
PLEASE READ THESE DOCUMENTS
CAREFULLY BEFORE USING OUR WEBSITES.
eSignal Website Terms and Conditions
1.0 Agreement
2.0 Forward Looking Statements
3.0 Conditions on Participation
4.0 Purpose of Services
5.0 Disclaimer regarding Content
6.0 Ownership of Information;
Downloading of Materials; Retransmission and Redistribution of Data
7.0 Our Data Providers'
Requirements
8.0 Disclaimer regarding Links
and Other Third Party Content
9.0 No Duty To Monitor Websites
10.0 Subscriber Code of Conduct
11.0 No Creation of Third-Party Rights
12.0 Shared Files; Information
You Download
13.0 Materials You Post; Your
License to Other Users
14.0 Complaints over Perceived
Infringement
15.0 Disclaimer regarding
Investment Decisions and Trading
16.0 No Advice or Solicitation
17.0 Product Demonstrations
18.0 Professional/Non-Professional
Status
19.0 Access and Security
20.0 Disclaimer of Warranties
and Limitation of Liability
21.0 Indemnification
22.0 Disclaimer of Right to Sue
23.0 Modification and
Termination of Websites; Modification of Website Terms and Conditions
24.0 Data Providers Enforcement
Right
25.0 Force Majeure
26.0 Entire Agreement
27.0 Severability
28.0 Choice of Law; Choice of
Forum
29.0 Assignment
30.0 Survival
31.0 Your Consent
eSignal Privacy Policy
1.0 Applicability
2.0 Scope of Policy
3.0 What Information We Collect
and Use
4.0 What We Do with Information
We Collect and Use
5.0 Changing or Removing
Information; Opting Out
6.0 Communications to our Users
7.0 Security of Personally
Identifiable Information
8.0 Children
9.0 Notification of Changes
10.0 Relationship to Website
Terms of Service
11.0 Your Consent
12.0 Contact Us
eSignal Website
Terms and Conditions
1.0 Agreement
These Terms and Conditions (the “Website Terms and Conditions”) govern your use
of the Websites, your receipt of any premium or subscription-based services and
information made available through the Websites, and your use of any
demonstrations or versions of eSignal products available through the Websites
(collectively, the “Services”). The
Websites are provided by eSignal, a division of Interactive Data Corporation,
eSignal, Inc., a wholly-owned subsidiary of Interactive Data Corporation and/or
their respective affiliates (collectively, “eSignal,” also referred to as “we”
or “us”), and these Website Terms and Conditions constitute an agreement
between you and eSignal. Some of the
services, information and products available from eSignal or third parties
through the Websites may also be governed by additional agreements. To the extent that there is any conflict
between these Website Terms and Conditions and any separate written agreement
you have executed or otherwise entered into with eSignal regarding any premium
or subscription-based services or information available through the Websites,
the terms of such separate agreement shall control.
Please read these Website Terms and Conditions carefully; they impose legal
obligations on you and govern your relationship with us. By accessing any of
the Websites or using the Services, you are acknowledging that you have read and
understood these Website Terms and Conditions and agree, without limitation or
qualification, to be legally bound by, and to comply with, them.
In addition, if you register as a
user (a “Subscriber”) of any of the features of our Websites or Services offered
through our Websites, during the registration process you may be prompted to
click an “I Accept,” “Submit” or similar button; your clicking on such button
will further confirm your agreement to be legally bound by these Website Terms
and Conditions and any additional terms and conditions of service that we may
present to you at that time.
2.0 Forward Looking Statements
The Websites may contain forward-looking statements within the meaning of the
Safe
Harbor
provisions of the Private Securities Litigation Reform Act of 1995. Such
statements include any statements regarding our future financial performance,
future operating results or our plans or expectations for our company and our
business. These statements are based on management’s current expectations and
beliefs and involve known and unknown risks, uncertainties and other factors
that may cause actual results to be materially different from those
contemplated by the forward-looking statements. For further information on risk
factors affecting our company and our business, please refer to our most recent
annual, quarterly and other (e.g. Form 8-K) reports filed with the Securities
and Exchange Commission.
3.0 Conditions on
Participation
You may use the Services only if: (i) you are eighteen (18) years of age or
older and are of the age of consent in your jurisdiction; (ii) your use of the
Services will not violate any law in any applicable jurisdiction, including,
but not limited to, United States export controls; (iii) you do not engage in any
conduct that will impede, impair or interfere with the functioning of the
Services; and (iv) you agree to be bound by and abide by all of the provisions
of these Website Terms and Conditions.
You acknowledge and agree that
eSignal may terminate your access to the Websites and the Services should you
fail to comply with the Terms and Conditions. Any such termination shall be in eSignal’s sole discretion and may occur
without prior notice, or any notice. eSignal further reserves the right to terminate any user’s access to the
Websites or the Services for any conduct or activity that eSignal, in its sole
discretion, believes is or may be directly or indirectly harmful to other
users, to eSignal, or for any conduct or activity that violates any local, state,
federal, or foreign laws or regulations. eSignal further reserves the right to terminate any user’s access to the
Websites or Services for any reason or for no reason at all, in eSignal’s sole
discretion, without any prior or other notice.
4.0 Purpose of Services and Websites
The Services and Websites are made available solely as a convenience to you for
general informational purposes.
5.0 Disclaimer
regarding Content
eSignal cannot and does not represent or guarantee that any of the information
available through the Services or Websites is accurate, reliable, current,
complete or appropriate for your needs. Various information available through the Services or Websites may be
provided by parties with whom eSignal has no relationship (or no relationship
other than one established through these Terms and Conditions). Some other information available through the
Services or Websites may be specially obtained by eSignal from professional businesses
or organizations, such as exchanges, news providers, market data providers and
other content providers (e.g., the New York Stock Exchange, NASDAQ, New York
Mercantile Exchange and Dow Jones), who are believed to be sources of reliable
information (collectively, the “Data Providers”). Nevertheless, due to various factors —
including the inherent possibility of human and mechanical error — the
accuracy, completeness, timeliness, results obtained from use, and correct
sequencing of information available through the Services and Websites are not
and cannot be guaranteed by eSignal.
6.0 Ownership of Information; Downloading of
Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the Websites,
and all information made available through the Websites or the Services, in all
languages, formats and media throughout the world, including all copyrights and
trademarks therein, are and shall continue to be the exclusive property of
eSignal, its affiliates or its Data Providers. To the extent that the Websites or the Services contain information from
third parties pursuant to rights granted as a matter of law (such as principles
of “fair use”), eSignal owns all right, title, and interest (including copyright),
in all languages, formats and media throughout the world, in the selection,
arrangement and presentation of such information on the Websites or in the
Services, as well as in the selection, arrangement, and presentation of all
other content on the Websites and in the Services. Certain materials may be made available for
download from these Websites. Subject to these Website Terms and Conditions,
eSignal grants you limited permission to download and copy such materials
solely for your internal, non-commercial use; provided that all copyright
notices appearing on the originals are duplicated on all copies thereof; and
provided further that you do not modify the materials in any way. Without
limiting any other right or remedy available to eSignal, at law or in equity,
the limited permission herein granted will automatically terminate in the event
you breach the terms of this paragraph and, in such event, you must destroy
immediately all downloaded materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE
NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST
OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES
(WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF
ESIGNAL AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE
PRIOR EXPRESS WRITTEN CONSENT OF ESIGNAL AND THE RELEVANT DATA PROVIDERS, MAKE
COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED,
ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING,
DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION
MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO
COMPLY WITH REASONABLE REQUESTS BY ESIGNAL TO PROTECT THE RESPECTIVE RIGHTS OF
ESIGNAL, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND
IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
7.0 Our Data
Providers' Requirements
These Website Terms and Conditions are subject to any requirements of eSignal’s
Data Providers under eSignal’s agreements with such Data Providers, including
such additional financial and contractual requirements as may be imposed by
such Data Providers from time to time.
8.0 Disclaimer regarding Links and Other Third Party Content
The Websites and Services may provide you with the ability to access a variety
of information, material or other content from third parties (“Third-Party
Content”), including through links to other websites and forums on which users
or other third parties, themselves, may post Third-Party Content. Whenever you access Third Party Content, YOU
PROCEED AT YOUR OWN RISK. You understand
and agree that such third parties are solely responsible for any such content,
and you further agree that eSignal is not, and will not be, liable for any
content or other material posted or otherwise provided by third parties. You further acknowledge that eSignal does not
control the third parties who provide Third-Party Content, does not necessarily
(and is not obligated to) review or screen any Third-Party Content either
before or after it becomes available through the Websites and Services, and
cannot and does not guarantee, attest to, verify, or otherwise warrant that any
Third-Party Content is or will be accurate; free from errors, defects or
harmful elements; consistent with what it purports to be; appropriate to fit
your needs; or otherwise safe or non-objectionable.
You agree that eSignal shall not
be held liable for any trading activities or other activities that occur on any
website you access through links on the Websites. We provide these links as a
convenience, and do not endorse the content or services offered by these other
sites.
Users are prohibited from using
the Websites or Services to violate any laws or to violate the rights of
eSignal or of any third parties, all as further provided in our Subscriber Code
of Conduct, below.
You further understand that when
using the Websites or Services, you may be exposed to content that you find
objectionable, crude, indecent, harassing, or otherwise inappropriate. You agree that eSignal is not, and shall not
be, liable for any such material.
9.0 No Duty To Monitor Websites
You understand and agree that
eSignal has the right, but not the obligation, to monitor the Websites, and to
remove content from the Websites for any reason, including content that you
submit. You further understand and agree
that eSignal has the right, but not the obligation, to review content before it
is posted to the Websites, and to refuse to allow content to be posted for any
reason. Any and all decisions on whether
or not to retain, disseminate, or remove content posted by users shall be made
by eSignal in its sole discretion.
10.0 Subscriber Code of Conduct
When you register as a Subscriber at our Websites, you may gain access to a
range of Services, including the ability to participate in chat rooms, exchange
instant messages, post messages to forums, and share files. You may use the Websites for lawful purposes
only. You agree not to post, upload,
e-mail, transmit, distribute, or otherwise make available through the Websites
any of the following:
(i)
any material that violates any applicable laws, including without limitation
the laws of the United States, the laws of any state or commonwealth within the
United States, and the laws of any other jurisdiction that may apply;
(ii) any material that restricts or inhibits any other user from using
and enjoying the Websites;
(iii)
any material that is unlawful, threatening, abusive, harassing, defamatory,
obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable law or regulation;
(iv) any material that contains viruses or any other element or
component that has a capacity or potential to interrupt, destroy, interfere
with, permit the unauthorized use of, or limit the functionality of any
computer software or hardware, any telecommunications equipment, or any
communications network;
(v)
any material that violates or infringes the rights of others, including without
limitation rights under copyright, trademark, or patent law; rights of privacy
or publicity; rights under defamation law; or rights under securities or other
applicable law; or
(vi)
any material that contains any other harmful or illegal component.
You further agree that you will not:
(i)
alter, damage or delete any material appearing on the Websites;
(ii)
disrupt the normal flow of communication on the Websites, such as through
“spam” email or by other means;
(iii)
claim a relationship with or speak for any business, organization, or person
for which you are not authorized to claim such a relationship; or
(iv)
violate any operating rule, policy or guideline of your Internet access
provider or online service.
You acknowledge and agree that
these prohibitions do not, and shall not be construed to, create any rights in
you or any third parties. We reserve the
right (but do not have any obligation) to prohibit or restrict conduct on the
Websites and to edit, block, or remove any content, in whole or in part, which
in our sole discretion we believe violates our Subscriber Code of Conduct, or
is otherwise objectionable.
If you believe that material has
been posted that violates any of these prohibitions, or that should otherwise
be removed, please contact eSignal as follows:
For reports relating to
RagingBull.com: RBTOS Violations
For reports relating to all other
Websites: Customer Service
11.0 No Creation of Third-Party Rights
Nothing in these Terms and
Conditions shall be construed to create any rights or obligations in, or
otherwise on behalf of any third parties.
12.0 Shared Files;
Information You Download
eSignal cannot and
does not guarantee or warrant that information available for downloading
through the Websites or Services will be free of infection or viruses, worms,
Trojan horses or other code that manifests contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy and security
of data input and output, and for maintaining a means external to eSignal for
the reconstruction of any lost information.
13.0 Materials You Post; Your License to Other
Users
By posting or transmitting, inputting or uploading information or content
(“Content”) to the Websites, you warrant that such Content does not violate or
infringe the rights of any third parties. In addition, you automatically grant
eSignal, eSignal users, and eSignal Subscribers under your intellectual
property rights, a royalty-free, perpetual, non-exclusive, worldwide license
(with the right to grant sublicenses) to use, copy, modify, distribute,
publicly display, perform, and otherwise exploit such Content, without
compensation to you.
14.0 Complaints over Perceived Copyright
Infringement
eSignal respects intellectual property rights and expects its users to do the
same. eSignal, may, in
appropriate circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers.
If you believe that materials posted on our Websites infringe your rights under
copyright law in specific materials (collectively, a “Work”), we request that
you follow the procedure described below to notify us of your concerns or
objections.
14.1.eSignal 's
Designated Agent: If you believe materials posted on our Websites infringe the
copyright in your Work, you must direct your concerns to our agent, designated
under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such
concerns (our “Designated Agent”):
Email: LEGAL
Interactive Data Corporation
22 Crosby Drive
Bedford
,
MA
01730
Attention: Copyright Agent
Fax: (781) 687-8005
14.2. Content of Notice: Your notice to our Designated Agent should contain
the following information:
(i)
A physical or electronic signature of a person authorized to act on behalf of
the owner of the intellectual property;
(ii)
Identification of the copyrighted work that you
believe has been infringed;
(iii)
Identification of the material on our Websites that you believe is infringing,
with sufficient specificity to permit us to locate the material without undue
searching; and
(iv)
Information reasonably sufficient to permit us to contact you, including an
address, telephone number and, if available, an e-mail address;
(v)
A statement by you that have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
(v) A statement by you, made under penalty of perjury, that the information on
the notification is accurate and that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
15.0 Disclaimer
Regarding Investment Decisions and Trading
Decisions to buy, sell, hold or trade in securities and other investments
involve risk and are best made based on the advice of qualified financial
professionals. Any trading in securities or other investments involves a risk
of substantial losses. The practice of “Day Trading” involves particularly high
risks and can cause you to lose substantial sums of money. Before undertaking
any trading program, you should consult a qualified financial professional.
Please consider carefully whether such trading is suitable for you in light of
your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for
any loss or damage you or anyone else incurs as a result of any trading or
investment activity that you or anyone else engages in based on any information
or material you receive through the Websites or our Services.
16.0 No Advice or
Solicitation
The Websites and Services are for informational purposes only and should not be
used or construed as an offer to sell, a solicitation of an offer to buy, or an
endorsement, recommendation or sponsorship of any company or security by
eSignal, its affiliates, officers, directors, employees or agents. You
acknowledge and agree that neither the Websites nor any of the Services is
intended to supply investment or financial advice. eSignal offers no advice
regarding the nature, potential value, or suitability or any particular
security, transaction, investment or investment strategy. You acknowledge and
agree that the use of the Websites and Services, and any decisions made in
reliance upon the Websites and Services, are made at your own risk.
17.0 Product Demonstrations
All product demonstrations (“demos”) may only be used during the time periods
specified for which they are offered. All demos must be used in accordance with
any accompanying instructions and may not be used for any reason other than
their intended purpose.
18.0 Professional/Non-Professional Status
With respect to Services involving the receipt of financial market information,
if you are a professional broker, dealer or trader or employed by or conducting
business in the securities industry, you must agree to be bound by eSignal’s
agreements with the Data Providers before utilizing the Services for commercial
purposes.
If you are such a professional, you must contact eSignal Customer Service to obtain
such agreements. Unless you have obtained and executed such agreements, you
hereby represent and warrant: (i) that you meet and comply with all NYSE, AMEX,
NASDAQ and Data Providers requirements for qualification as a Non-professional
Subscriber; (ii) that you are acting solely in your own individual capacity to
use the Services solely in connection with your own individual personal
investment activities and not in connection with any trade or business
activities; and (iii) that you are a sophisticated investor. You acknowledge
and agree that if your status with respect to any of the foregoing statements
is affected or changed in anyway, you shall promptly contact eSignal Customer Service to obtain
relevant exchange agreements.
If you are not such a
professional, you agree to use the Services solely in your own individual
capacity, and solely in connection with your own individual personal investment
activities and not in connection with any trade or business activities.
19.0 Access and
Security
You accept responsibility for the confidentiality and use of any access codes,
account numbers and customer code numbers that you may receive for your access
to and use of the Services. You accept responsibility for all time used and all
activity that occurs through or under your access codes, customer numbers
and/or account numbers. You agree to notify eSignal immediately if you become
aware of any loss, theft or unauthorized use of your access codes and/or
account numbers.
20.0 Disclaimer of Warranties and Limitation of
Liability
You agree that neither eSignal, its affiliates, officers, directors, employees,
agents or representatives, nor any of the Data Providers, nor any officer,
director, employee, agent, affiliate or representative thereof shall have any
liability, contingent or otherwise, for any lack of truthfulness, accuracy or
timeliness of the Websites or the Services; for any lack of truthfulness,
accuracy, timeliness, completeness or correct sequencing of the information
made available through the Websites or the Services; for any decision made or
action taken by you or anyone else in reliance upon such information or the
Websites or the Services; or for any harm or injury resulting from any
interruption or delay of any data, information or any other aspect of the
Websites or the Services; or for any harm or injury resulting from any unsafe,
illegal, defective or otherwise inappropriate or objectionable aspect of any
information made available through the Websites or the Services.
THE WEBSITES AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF
FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE
AVAILABLE VIA THE WEBSITES OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY
SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL ESIGNAL OR THE
DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT
RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITES OR THE
SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF ESIGNAL OR
THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE
POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS
POSTED TO AND CONTENT AVAILABLE AT THE WEBSITES MAY CONTAIN COMPUTER VIRUSES OR
OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITES,
IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER
PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE
WEBSITES AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION
WITH OUR WEBSITES.
By way of example, and not by way of limitation, neither eSignal nor the Data
Providers shall be liable for any loss resulting from a cause over which such
entities do not have direct control, including but not limited to, the failure
of electronic or mechanical equipment or communication lines, telephone or
other interconnect problems, unauthorized access, theft, your errors, or events
of force majeure.
21.0 Indemnification
You agree to indemnify and hold harmless eSignal, its affiliates, officers,
directors, employees, agents and representatives and the Data Providers and
their respective officers, directors, employees, agents and representatives,
from and against any and all claims, including, but not limited to, any
liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs, and attorney’s fees, of
every kind and nature, arising from or relating to your use of the Websites or
the Services or the information made available through the Websites or the
Services, and/or your violation of these Website Terms and Conditions or any
third party’s rights, including, but not limited to, copyright, proprietary
rights, privacy rights, and rights under defamation law.
22.0 Disclaimer of
Right to Sue
You release eSignal, including its
officers, directors, employees, or any other agents, from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with any dispute with any user of any of the Websites or
Services, or arising in any way from content posted to any of the Websites by
any third party.
If you are a
California
resident, you waive California Civil Code § 1542, which provides: “A general release does not extend to claims
which the creditor does not know or suspect exist in his favor at the time of
executing the release, which if known by him must have materially affected his
settlement with the debtor.”
23.0 Modification and Termination of Websites;
Modification of Website Terms of Conditions
Notwithstanding any provision in these Website Terms and Conditions, eSignal
reserves the right, in its sole discretion, at any time, to change or modify
from time to time and/or terminate (i) its Websites, (ii) any particular
Services made available via its Websites, or (iii) these Website Terms and
Conditions. Your use of our Websites following any such change constitutes your
agreement to follow and be bound by the Website Terms and Conditions, as
changed.
24.0 Data Providers
Enforcement Right
Data Providers may enforce these Website Terms and Conditions against you by
legal proceedings or other appropriate means.
25.0 Force Majeure
In addition to applicable disclaimers, stated above, eSignal’s performance
under these Website Terms and Conditions and the Services shall be excused in
the event of interruption and/or delay due to causes beyond its reasonable
control, such as acts of God, acts of any government, war or other hostility,
civil disorder, the elements, fire, earthquake, explosion, acts of terrorism,
power failures, equipment failure, industrial or labor dispute, acts of Data
Providers or other third party information providers, third party software or
communication method interruption.
26.0 Entire Agreement
These Website Terms and Conditions and our Privacy Policy embody the entire
understanding between the parties with respect to eSignal’s Websites and
supersede any and all prior representations and agreements, if any, oral or
written, with respect to eSignal’s Websites. In the event of any conflict
between these Website Terms and Conditions and/or Privacy Policy and any
separate agreement you have executed or otherwise entered into regarding
subscription services available through eSignal’s Websites, the terms of such
separate agreement shall control.
27.0 Severability
Should any provision of these Website Terms and Conditions be held to be void,
invalid, unenforceable or illegal by a court, such provision shall be valid and
enforceable to the extent permitted by applicable law, and the validity and
enforceability of the other provisions shall not be affected thereby. Failure
of any party to enforce any provision of these Website Terms and Conditions
shall not constitute or be construed as a waiver of such provision or of the
right to enforce such provision.
28.0 Choice of Law; Choice of Forum
These Website Terms and Conditions and any dispute arising from the Websites or
the Services shall be interpreted in accordance with the laws of the State of
New York, U.S.A. without reference to its conflicts of law principles. You expressly consent and agree that any
claims arising under or related in any way to these Terms and Conditions, the
Privacy Policy, the Websites or the
Services shall be brought only in the state or federal courts located in the
State of
New York
and therefore you consent to the jurisdiction and venue of those courts.
29.0 Assignment
These Website Terms and Conditions shall not be assignable by you, either in
whole or in part. eSignal reserves the right to assign its rights and
obligations under these Website Terms and Conditions.
30.0 Survival
Sections 1, 2, 5, 6, 11, 12, 13, 15, 16, 17, 19, 20, 21, 22, 24, 25, 26, 27,
28, 29, 30 and 31 of these Website Terms and Conditions shall survive the
termination of these Website Terms and Conditions and shall apply indefinitely.
31.0 Your Consent
By using our Websites, you agree to comply with, and be bound by these Website
Terms and Conditions. If you do not agree with some, or all of these Website
Terms and Conditions, you are not authorized to visit our Websites.
Your Privacy is Important to
eSignal
Last
Updated: April 3, 2006
1.0 Applicability.
We value our
relationship with you and respect your right to privacy. Our Privacy Policy
("Privacy Policy") covers eSignal's treatment of information that we
collect and maintain about you in connection with your use of the
Websites and your use of our products and services. This policy does not apply
to the practices of companies that eSignal does not own or control or to
individuals whom eSignal does not employ or manage, including operators of
sites you may link to or from the Websites or from which you link to the
Websites. By using the Services and/or accessing our Websites, you are
acknowledging that you have read and understood this Privacy Policy and consent
to the practices described herein.
In addition, if you register as a user of any of the features of our Websites
(a “Subscriber”), during the registration process (and from time to time as
eSignal may require) you may be prompted to click an “I Accept,” “Submit” or
similar button, which further confirms your consent to the practices described
in this Privacy Policy.
2.0 Scope of Policy
This Privacy Policy applies only to information you provide to us online or
that we obtain in connection with your use of the Websites (or any service
offered through the Websites) or through any websites that we operate or
acquire. It does not apply to information obtained offline or through other
non-electronic means.
3.0 What Information We Collect and Use
eSignal reserves the right to use and control the information collected on the
Websites. We will not share this information with any third party, other than
as disclosed in this Privacy Policy. eSignal collects information from users at
different points on our Websites and through our software, as follows:
3.1. Registration: In order to subscribe to eSignal
products and services, we require that you complete a registration form. This
form may ask for contact information, such as name, address, email address,
telephone number, company name, fax number and other basic contact information
(“Registration Information”). After submitting your Registration Information,
you can view and modify this information within the self-maintenance area of
the Websites. You agree to notify eSignal of any change to your billing address
within thirty (30) days of such change.
3.2.
Orders and Requests: When you subscribe to an eSignal product or service, we
request the appropriate billing information on our order form. This information
includes your credit card number, expiration date and billing address (“Order
Information”). Order Information is kept with your Registration Information in
a database and will be retained for future purchases. You may also
provide personal information to us when you voluntarily communicate with us,
such as for requesting information or submitting an application for
employment. We may retain such information for use and disclosure
consistent with this Privacy Policy.
3.3.
eSignal Software: While accessing and operating an eSignal product, the eSignal
software will record general statistical and tracking information, such as the
date and time a client accesses his or her product and the time spent using it.
The eSignal software transfers this information to eSignal’s servers, and such
information is used exclusively for internal resource management purposes.
3.4.
Other: eSignal may automatically receive and record information in our server
logs from your browser, including your IP address (the Internet address of your
PC), your computer’s name, the type and version of your web browser, referrer
addresses and other generally-accepted log information. We may also record page
views (hit counts) and other general statistical and tracking information,
which will be aggregated with that of other users in order to understand how
our Websites are being used.
3.5.
Cookies: A cookie is a small amount of data, which often includes unique, but
anonymous, code, which is sent to your browser from a website’s computers and
stored on your computer’s hard drive. Cookies can be used to provide you with a
tailored user experience and to make it easier for you to use the Websites upon
a future visit. eSignal will also use cookies to recognize you when you return
to our Websites. Most web browsers are set to accept cookies by default, though
you can manually disable the cookies feature of your browser. You should review
the online documentation of your browser or consult with the provider of your
browser for instructions on how to disable cookies. Please note that if you
disable cookies on your computer, some parts of the Websites may not function
properly.
3.6.
Referrers: A “referrer” is the information passed along by a web browser that
references the web URL you linked from and is automatically collected by our
web server. This information is collected and used by eSignal to understand the
websites referring traffic to our Websites and to present appropriate content
to our potential customers. eSignal tabulates referrer information on an
aggregate basis to identify trends and traffic patterns.
3.7.
Partners: eSignal may enter into agreements with other companies that market
software or services that either function similarly to eSignal software or that
enhance or extend eSignal’s functionality. Some of these may be third party
products that may utilize components of eSignal software. Under the terms of
these agreements, we may be required to collect information about your sessions
and your use of these third party products and share this information with
these third parties.
3.8.
Providers: A provider is an entity that agrees to pay for the eSignal services
being provided to you. We have entered into contractual agreements with these
providers governing the provider arrangement. Under the terms of these
agreements, we may be required to collect information about your sessions and
your use of your eSignal product and share this information, along with your
personally identifiable information, with the provider paying for your eSignal
service. This information is kept strictly confidential, and is not shared with
other third parties, except as provided for in this Privacy Policy.
3.9.
Computer Configuration: In order to determine whether your computer is
supported by our system, we may collect certain anonymous information. This
information includes, but may not be limited to, your operating system and
browser, as well as the presence of the eSignal software or other third party
software on your computer. This information is kept strictly confidential and
is not shared with third parties, except as provided in this Privacy Policy.
3.10
Access to Information: If you are a
resident of Australia, on request, we will provide you with access to personal
information that we hold about you collected when you visit our Website or use our
Services (unless there is an exception that applies under Australian privacy
laws, such as where we have a legal duty of confidentiality). Your request to obtain access will be dealt
with in a reasonable time. We may recover
from you the reasonable cost of providing you with access.
4.0 What We Do with
Information We Collect and Use
In general, except as provided in this policy, we will not disclose your
personally identifiable information to unaffiliated third parties without your
express consent or allowing you to decline to permit the disclosure. There are,
however, some limited circumstances in which we may need to disclose personally
identifiable information about a user without express consent, including, but
not limited to, the circumstances set forth below:
4.1.
eSignal Website Vendors: We may employ other companies to perform functions on
our behalf, such as fulfilling orders, providing customer service, sending
print and electronic mail, processing credit card payments, or other functions
necessary to our business. In order to allow these companies to perform their
obligations, we may need to share your personally identifiable information with
them. However, we will provide these companies with only that information
necessary to perform their functions on our behalf, and we will not allow them
to use your personally identifiable information for any other purpose.
4.2.
Resellers: eSignal may from time to time enter into agreements with companies
that resell eSignal’s products or services, either on eSignal’s behalf, or on
their own behalf on a private labeled basis and/or on a co-branded basis. Under
the terms of these agreements, we may be required, and therefore we reserve the
right, to share your personally identifiable information with such resellers.
Once your personally identifiable information is provided to such resellers, it
will no longer be covered by this privacy policy. In those instances, your
personally identifiable information will be governed by the privacy policy of
the resellers to whom it is provided. Notwithstanding the foregoing, eSignal
will not share your Order Information with any reseller that is not billing you
directly for the re-marketed, private labeled and/or co-branded eSignal
services to which you subscribe.
4.3.
eSignal Publishers and Merchants: eSignal reserves the right to provide to
publishers and other merchants for whom eSignal sells or distributes products
or services any personally identifiable information as is necessary to fulfill
any requests you may make for their products or services. In addition,
merchants of the products you purchase or to which you subscribe through
eSignal may request additional personally identifiable information from you.
eSignal will provide the merchants of such products the information you supply
in response to those requests and, following such disclosure by eSignal, your
personally identifiable information will no longer be covered by this policy.
In those instances, your personally identifiable information is governed by the
privacy policy of the merchants whose products you have purchased or to which
you have subscribed.
4.4.
Protection of Rights: We may reveal your personally identifiable information to
attorneys, private investigator organizations or law enforcement agencies if we
believe that you have harmed or interfered with (or will imminently harm
or interfere) other eSignal users or anyone else or violating (either
intentionally or unintentionally) our Website Terms and Conditions of Use or
infringing any of eSignal’s legal rights, or harming the legal rights,
property, or health or safety of any other person.
4.5.
Required by Law: eSignal will reveal your personally identifiable information,
to the extent we reasonably believe we are required to do so by law. If we
receive legal process calling for the disclosure of any of your personally
identifiable information we will attempt to notify you via the email address
you supplied during registration within a reasonable amount of time before we
respond to the request, unless such notification is not permitted.
4.6.
Asset Transfers: eSignal shall be entitled to transfer to a third party
information it maintains, including any personally identifiable information, in
connection with a transaction or proceeding involving a transfer of some or all
of the assets relating to the Websites or a business in connection with which
such information is maintained.
5.0 Changing or
Removing Personal Information; Opting Out
To ensure that you have appropriate control over your personally identifiable
information, you can access your account (after supplying your user name and
password) in the Self-Maintenance area of our Websites to update and/or correct
the information you have previously submitted.
In addition, we provide you with the ability to decline -- or “opt-out of” --
certain mailings and other materials we may offer. For these materials, you
will be able to specify whether you wish to opt-out by following directions
provided in the Self-Maintenance area, as further detailed in Section 6.0
(Communications to out Users) of our Privacy Policy, below.
Finally, if you request, we will remove your name and
other personally identifiable information from our active databases. Please
understand, however, that it may be impossible to remove this information
completely, due to backups and records of deletions. If you wish to remove your
name and other personally identifiable information from our database, please
create an email with the term “Unsubscribe” in the subject line, and send the
email to the address listed in Section 12.0 of this Privacy Policy. As an
alternative, you may write to us with your request, at the mailing address set
forth in Section 12.0. You will be removed from our databases generally within
ten business days of our receipt of your request. You may also request to
review or amend any personal information that we maintain about you, by sending
a written request to the same address, subject to our verification of your
identity acceptance of any proposed revision.
6.0 Communications
to our Users
6.1.
eSignal: eSignal sends emails and/or postal mailings to new subscribers and to
provide to existing subscribers information regarding their specific eSignal
products. Periodically, eSignal will send news and information to subscribers
and other parties who have expressed interest in eSignal and its products. You
can opt out of receiving these promotional communications through the
Self-Maintenance area of our Websites. For so long as you use eSignal products
and services or otherwise maintain a business relationship with eSignal,
however, you may not opt out of receiving communications from eSignal relating
specifically to those products and services or business relationship.
6.2.
Third Parties: Except as described in this Privacy Policy, we do not share
personally identifiable information with anyone, unless we have informed you of
a change to our Privacy Policy and given you the opportunity to then choose to
opt out. eSignal can no longer update any of your personally identifiable
information once it has been transferred to such third parties and cannot
implement or impose your opt out requests upon such third parties. Instead, you
must either contact that third party or refer to its privacy policy to update
your personally identifiable information or to let the third party know that
you no longer want to receive promotional and/or marketing information about
its products, services or offerings.
7.0 Security of
Personally Identifiable Information
eSignal maintains controls to protect the financial information you provide us,
including credit card details, during the product purchase process. These
controls include: (1) the use of SSL encryption to safeguard information when
transmitted from your web browser to eSignal; (2) the logical authentication
security within the databases that store customers’ credit card numbers; and
(3) use of encryption of credit card numbers.
eSignal employees are required to acknowledge that they understand and will
strictly abide by our corporate policies with respect to the confidentiality of
personally identifiable information. Moreover, eSignal only gives access to
databases containing personally identifiable information to employees on a
need-to-know basis. Internal policies require that passwords be changed
regularly, pursuant to security protocols. Our security procedures are reviewed
on a periodic basis to ensure that they remain current.
Accordingly, we have put in place
security systems designed to prevent unauthorized disclosure of information you
provide to us. These systems are structured to deter and prevent hackers and
others from accessing this information. Due to the nature of Internet
communications and evolving technologies, however, we cannot provide, and
disclaim, assurance that the information you provide us will remain free from
loss, misuse, or alteration by third parties who, despite our efforts, obtain
unauthorized access.
8.0 Children
Persons under the age of eighteen (18) are not permitted to register for the
eSignal service and eSignal does not knowingly collect, either online or
offline, personally identifiable information from persons under the age of
eighteen (18). If we learn that a child under the age of eighteen (18) has
provided us with personally identifiable information, we will attempt to delete
this information from our databases, subject to any technical limitations on
our ability to do so.
9.0 Notification of Changes
eSignal reserves the right to change or modify this Privacy Policy from time to
time, or to terminate this Privacy Policy. We will post notice of the new
policy from the Privacy Policy link on the homepage of our Websites. Your use
of our Websites following any such change constitutes your agreement to follow
and be bound by the Privacy Policy, as changed. If we make any significant
changes regarding disclosure of personally identifiable information to third
parties, we will attempt to notify you prior to the date the modified policy
takes effect.
10.0 Relationship to Website Terms of Conditions
Our obligations with respect to your use of the Websites are reflected in this
Privacy Policy and our Website Terms and Conditions and any additional
terms of services that may be applicable.
11.0 Your Consent
By using our Websites, you consent to our collection and use of your
information, in accordance with this Privacy Policy. If you do not agree with
some, or all of the terms of this Privacy Policy, you may not become a
Subscriber, or otherwise visit our Websites.
12.0 Contact Us
You may contact us for any reason by email or traditional mail at the following
addresses, provided, however, if you wish to provide us with formal notice
under our Website Terms and Conditions or our Privacy Policy, you must provide
your notice in writing, and mail it to the address set forth below:
By mail:
eSignal
PO Box 5028
Hayward, California 94540-5028
Attention: Customer Service
By email: Customer
Service
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