Subscription Terms of Use
The Standard Terms and Conditions ("Terms and Conditions") governing the use of the information and services owned and provided by Whalewisdom.com shall be as follows:
Use of Information.
Whalewisdom hereby provides to the User a non-exclusive, nonassignable, non-transferable license to receive and use the Information provided through the subscription service only for internal business use or personal, noncommercial use. In no event shall the User publish, sell, lease, disseminate, retransmit, redistribute, broadcast, circulate or otherwise reproduce, provide or permit access to any Whalewisdom Information in any format to anyone; provided, however, that User may furnish Information to customers, on a non-continuous basis, using only the following limited methods: (a) In written advertisements, correspondence, or other literature, or (b) during voice telephonic conversations not entailing computerized voice, automated information inquiry systems, or similar technologies.
Accuracy of Information.
Whalewisdom does not attempt to verify and does not warrant the accuracy, completeness or suitability of any data or information provided. Whalewisdom shall not be liable for any loss, direct or consequential damages or expenses relating to the accuracy and completeness of the data provided. This data has been compiled for informational purposes only and not as investment advice. Users should not rely upon this data or information when making an investment decision or selection of an investment manager, and you should independently verify all relevant information prior to making an investment decision. Users should note that past performance is not an indication of future results.
The Services are provided without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness and delays. In particular the Subscriber understands:
- That it is not possible for all data contained in the Services to be comprehensive, accurate and up-to-date, and that at any time the Services are likely to contain inaccuracies or omissions.
- That the Services may contain forward-looking statements about companies, including assessments about theft business prospects and future results of operations. These statements involve risks and uncertainties. Among the important additional factors that could cause actual results to differ materially from those forward-looking statements are risks associated with the overall economic environment, realization of customer contracts, strength of the company’s patents, validation of the technology, changes in anticipated earnings of the company and other factors detailed in the company’s filings with various stock markets or contained in the company’s proprietary information. In addition, the factors underlying all forecasts are dynamic and subject to change and therefore any forecast published or reproduced by whalewisdom.com is relevant only to the date at which it is made.
- That whalewisdom.com does not undertake to update its coverage even though from time to time it may do so.
- Whalewisdom.com provides the Subscriber with opportunities to point out any inaccuracies that may be included in the Services. This should not be taken to mean that whalewisdom.com is committed to correcting any inaccuracies brought to its attention within any specified time or at all.
- whalewisdom.com does not represent or warrant that access to or use of the Services will be uninterrupted or error-free or that the Services supplied are accurate or correct or that they meet any particular criteria of performance or quality.
Limited Warranties Disclaimer.
User acknowledges and agrees that no warranty is given that the information is error-free or accurate. The information and any other product that Whalewisdom markets directly or indirectly provides are provides “as is”. Except as specifically set forth herein, Whalewisdom does not make any express or implied warranties or conditions, including quality, merchantability, fitness for a particular purpose, title and non-infringement. User expressly assumes all risks from using the information, and/or related products that Whalewisdom provides.
Indemnification
User (and User's fund, if User is a representative of a fund) jointly and severally agree to indemnify and hold harmless Whalewisdom, and its agents, information providers and their agents, representatives, directors, officers, shareholders, partners, predecessors, successors and assigns, from and against any claim or demand, proceeding, damages, liabilities, losses or expenses, from claims made by a third party, arising from User's use of the Whalewisdom information which constitutes a violation of the Terms of Use or an improper act or omission.
If Subscriber makes use of the Services or any Content other than as expressly permitted under these Terms and Conditions, he or she may violate copyright and other laws and may be subject to penalties. Without limiting the preceding sentences, Subscriber will not:
- Engage in or permit any reselling, display, reproduction, copying, translation, modification, adaptation, creation of derivative works from, distribution, transmission, transfer, republication, compilation, decompilation or reverse engineering of the Services, any Content, any portion thereof, or any data, other content or information provided to Subscriber in connection with the use of the Services by whalewisdom.com or any of its third-party sources, in any form, media or technology now existing or hereafter developed or over any network, including a local area network;
- Remove, obscure or alter any notice, disclaimer or other disclosure affixed to or contained within the Services, including any copyright notice, trademark or other proprietary rights notice or any other legal notice affixed to, or displayed in association with, the Content;
- Create a frame or use framing techniques to enclose any portion of the Services or the Content, without express prior written consent from whalewisdom.com;
- Impersonate any person, or falsely state or otherwise misrepresent his or her affiliation with any person, in connection with any use of the Services;
- Breach or attempt to breach the security of the Services or any network, servers, data, or computers or other hardware relating to or used in connection with the Services or any of the Content, whether or not operated by whalewisdom.com or any third party; - 2 - nor use with, or distribute through, the Services any software or other tools or devices designed to interfere with or compromise the privacy, security or use of the Services by others or the operations or assets of any person;
- Violate any applicable law, including, but not limited to securities laws and laws governing investment activity in any country;
- Restrict or inhibit any other authorized user from using and enjoying the Services;
- Post, publish, transmit, reproduce, distribute or in any way exploit any of the Content or other information or other materials obtained through the Services for commercial purposes other than as expressly permitted by these Terms and Conditions or by express prior permission of whalewisdom.com.
Service changes
Whalewisdom.com may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. Whalewisdom.com may also impose limits on certain features and services or restrict Subscriber’s access to all or any parts of the Services without notice.
Whalewisdom.com reserves the right at its sole discretion and conditional only upon repayment of any unused prepaid subscription fees as calculated on a pro-rata basis to terminate Subscriber’s access to the Services without notice.
Notifications
In subscribing to whalewisdom.com, Subscriber agrees to receive electronic mail from whalewisdom.com notifying of new features, services or events or consisting of selected Content. whalewisdom.com's electronic mail, or any mail sent by Subscriber from within the Services, may include features allowing whalewisdom.com to collect certain information regarding Subscriber’s use of the Services. These features are a required element of the Services.