All use of the Capital IQ Power Moves web site and web pages located at capitaliq.com/powermoves and selected other domains (the “CIQPM”) is subject to the terms and conditions set forth herein. By accessing and using the CIQPM or any service of the CIQPM, you acknowledge, accept and agree to all the terms, conditions and privacy policies described below, and otherwise contained on or referenced in this Web site (the “Agreement”) and you represent that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the CIQPM). These terms and conditions represent a binding contract between you and Capital IQ, Inc. and are in addition to any other agreements between you and Capital IQ, Inc., its subsidiaries and affiliates, and their officers, directors, employees and agents (the “CIQ”), including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the CIQ sites. If you do not agree with any of these terms and conditions, please do not continue using CIQPM. The terms “you” or “User” refer to the person who completed the registration process or any visitor to CIQPM.
CIQ reserves the right to change the terms of this Agreement. Changes will be posted on the CIQPM at http://powermoves.capitaliq.com/index.php/terms-of-service/. You also acknowledge and agree that CIQ may modify this Agreement at any time, at its sole discretion; that all modifications to this Agreement will be effective immediately upon posting of the modifications; and that you will review this Agreement each time you access this site, so that you are aware of and agree to any and all modifications made to this Agreement. If any of these changes are unacceptable, please do not access any part of the CIQPM. Use of CIQPM following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
CIQPM is for informational and educational purposes only. However, certain tools available on the CIQPM may be deemed to provide general investment advice within the meaning of the securities laws based upon your personalized input. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. None of the information contained on the CIQPM constitutes a solicitation, offer, opinion or recommendation by CIQ or any of its third-party data providers, to buy or sell any securities or other financial instruments or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment. CIQ has not made any recommendations regarding the merit of any company identified on the CIQPM, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company identified on the CIQPM. Advice from a securities professional is strongly advised and You should consult an attorney or tax professional regarding your specific legal or tax situation.
Definitions
CIQPM contains two types of content:
1. “CIQ’s Own Content” means information entered into CIQPM by employees and authorized representatives of CIQ.
2. “Other Content” means any other information entered into CIQPM by Users or other persons.
Use of CIQPM
CIQ hereby grants you a non-exclusive, non-transferable license to access and use the CIQPM under the terms described in this Agreement. Except as expressly permitted in this Agreement, any use of the content contained or provided through CIQPM is strictly prohibited and such content may not be reproduced, transmitted, or distributed without CIQ’s written permission. The User shall honor all reasonable requests by CIQ to protect CIQ’s proprietary interests in CIQPM. All right, title and interest in and to the contents of CIQPM are owned, licensed or controlled by CIQ or the party credited as the provider of the contents. The CIQPM is intended only for your personal, non-commercial use, unless you and CIQ have agreed otherwise in writing. CIQ reserves the right, in its sole discretion, to monitor any and all use of the CIQPM.
CIQ permits you to link back to CIQPM from any appropriately related other site for personal, non-commercial purposes only provided that you include the hyperlink that links back to the full article on the CIQOM as part of that republication, the link does not imply explicitly by description or implicitly by location of the link that the services/products/etc on your site are endorsed by CIQ and the CIQPM is not loaded into frames. CIQ reserves the right to preclude and prohibit you from linking to CIQPM for any reason in CIQ’s sole discretion. Upon receiving any notice from CIQ requesting that you to remove the link, you agree to immediately remove the link.
In addition, User may not:
1. use CIQPM for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the CIQPM, any data or content found on or accessed through CIQPM, or any other CIQPM information without prior express written consent of CIQ;
3. obtain or attempt to obtain through any means any materials or information on CIQPM that has not been intentionally made publicly available either by public display on CIQPM or through accessibility by a visible link on CIQPM;
4. violate any measure employed to limit or prevent access to CIQPM or its content;
5. violate the security of CIQPM or attempt to gain unauthorized access to CIQPM, data, materials, information, computer systems or networks connected to any server associated with CIQPM, through hacking, password mining or any other means;
6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. interfere with, attempt to interfere with or otherwise disrupt the proper working of CIQPM, any activities conducted on or through CIQPM or any servers or networks connected to CIQPM, including accessing any data, content or other information prior to the time that it is intended to be available to the public on CIQPM;
8. take or attempt any action that, in the sole discretion of CIQPM, imposes or may impose an unreasonable or disproportionately large load or burden on CIQPM or the infrastructure of CIQPM.
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
10. disobey any requirements, procedures, policies or regulations of networks connected to CIQPM;
11. use CIQPM to stalk or harass another.
Other Content
The User grants to CIQ the non-exclusive right to use all material entered into CIQPM by the User for any purpose.
Users entering material into CIQPM are responsible for the content of that material. CIQ has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from CIQPM. However, CIQ retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which CIQ deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through CIQPM that:
1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of CIQ, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, is racially, ethnically or otherwise objectionable or otherwise violates the legal rights of others;
3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
6. is harmful to minors.
If you see any violations of these terms and conditions on CIQPM, please email us at powermoves@capitaliq.com.
Forums
Certain areas of the CIQPM enable you to access online forums where you can post messages and read messages posted by other Users (the “Forums”). Some of the Forums topics are selected by CIQ and others are created by Users. CIQ does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by CIQ or a User. By posting a message in the Forums, you agree to be bound by the terms and conditions of this Agreement. If you do not want to be bound by these terms, then do not use the Forums.
Posting of a message in the Forums is considered Other Content as defined above and You agree to be fully responsible for your own postings and agree to access and use the Forums at your own risk on an as-is basis. While CIQ has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with this Agreement, to guide the discussion on the Forums, or for other reasons. CIQ cannot and does not guarantee that it will post or continue to post every message or other content you or other Users submit to the Forum. Also, CIQ reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CIQ’s sole discretion.
In addition to your obligations with regard to Other Content, You must abide by the following rules in connection with your use of the Forums:
1. You agree to post only messages that relate to the subject matter of the Forum.
2. You agree not to impersonate any person or entity, including, for example, a CIQ employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words.
4. You agree not to conduct contests or distribute chain letters through the Forums.
5. You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation.
By posting a message, uploading a file, or engaging in any other form of communication through a Forum, you are granting CIQ a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications.
If you believe that a posting in a Forum violates these Terms of Use, we encourage you to contact CIQ by sending an email to powermoves@capitaliq.com that identifies the applicable posting and the screen identity of the person who made the posting. CIQ cannot guarantee that any action will be taken as a result of your email.
RSS Service
RSS (really simple syndication) service is a means by which CIQ offers feeds of story headlines and summary descriptions to RSS aggregators. Your use of the RSS service is governed by this Agreement. CIQ’s RSS service delivers selected highlights of the CIQPM with the ability to link back to the applicable page on the CIQPM. Any other uses of the RSS service are strictly prohibited. CIQ’s RSS service is provided for your own use in connection with permitted uses of the CIQPM and may not be redistributed. The content provided through the RSS service may not be modified or edited in any manner. CIQ reserves the right to discontinue providing any or all of the RSS service at any time, and to terminate your use of the RSS service for any reason including, without limitation, your violation of any provision of this Agreement. CIQ assumes no liability for any of your activities in connection with the RSS service or for your use of the RSS feeds.
Links to Third Party Sites
The CIQPM may contain hyperlinks to web sites or web pages operated by persons other than CIQ (“Third-party Websites”). CIQ provides links to Third-party Websites only as a convenience and the inclusion of any such hyperlink on the CIQPM does not imply CIQ’s endorsement of either the site, the organization operating such site, or any products or services of that organization. A visit to any site or page via any such hyperlink is done entirely at your own risk. You are solely responsible for determining the extent to which you may use any content at any Third-party Websites to which you might hyperlink. CIQ has no control over the content of Third-party Websites or the services and products available from Third-party Websites. CIQ is not liable for any direct or indirect damages or losses caused by your use of Third-party Websites. Under no circumstances will CIQ be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any other site. You assume full responsibility when you choose to follow any links on this website that lead to third-party websites.
Downloading Software and Files
If you download software or files from the CIQPM, the software “including any files or images incorporated in or generated by the software and data accompanying the software” and files (collectively, the “Files”) are licensed to you by CIQ solely for your personal, noncommercial use.
However:
1. CIQ does not transfer title to the Files to you;
2. You own the medium on which the Files are recorded, but CIQ and its licensors retain full and complete title in and to the Files, including all intellectual property rights therein;
3. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Files to any other form whatsoever; and
4. Software from this Web site is subject to U.S. export controls. Software from this Web site may not be downloaded or otherwise exported or re-exported outside the United States.
No Warranties/Limitations On Liability
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CIQPM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
CIQ AND ALL OF THEIR THIRD-PARTY LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE CIQPM, INCLUDING THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a particular investment or security, a credit rating or any observation concerning a security or investment provided in the Services is not a recommendation to buy, sell, or hold such investment or security or make any other investment decisions.
THE CIQPM AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE” BASIS AND YOUR USE OF THE CIQPM IS AT YOUR OWN RISK.
CIQ DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ADEQUACY, TIMELINESS, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE CIQPM NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH CIQPM. CIQ SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL CIQ NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE CIQPM. CIQ AND THEIR THIRD PARTY PROVIDERS MAY DISCONTINUE OR MAKE CHANGES IN THE CIQPM AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. CIQ DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THE CIQPM. CIQ RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY CIQ TO ANY PERSON TO USE THE CIQPM IN JURISDICTIONS WHERE THE PROVISION OF THE CIQPM AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST CIQ OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO USE OF CIQPM SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO CIQ FOR USE OF CIQPM DURING THE PREVIOUS TWELVE (12) MONTHS. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE CIQPM MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIQPM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Indemnification
The User agrees to indemnify CIQ from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which CIQ may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into CIQPM with the use of the User’s screen name or password. CIQ reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify CIQ in which event the User shall have no further obligation to indemnify with respect to that particular matter.
Privacy Policy
When you register or provide any information in the CIQPM, certain information, (including your name, address, e-mail address and other contact information) may be added to our mailing list so that, from time to time, we can send you information about new features, additions, participation in market research, and changes to CIQ products and services. Also, CIQ occasionally makes contact information available to select outside companies whose products or services we feel may be of interest to you and may provide aggregated, anonymous statistical information about CIQPM Users to other persons, including potential advertising clients.
If you do not want information that is provided in the CIQPM shared with third parties or do not want to receive promotion and/or marketing information about other products, services and offerings from CIQ and/or any third parties, please email us at privacy@capitaliq.com or write to us at: Privacy Coordinator, Capital IQ, Inc., 55 Water Street, 49th Floor, New York, NY 10041.
The CIQPM uses permanent cookies to recognize you and at times enables an automatic log-in to the site. CIQ may also provide session cookies that grant you certain access privileges and use permanent cookies are used to customize the way view the CIQPM as well as to track aggregate site usage and statistics.
Our Ad Server also sets a permanent cookie to identify a unique visitor, including any specific country information of the visitor and sets session cookies to manage the frequency with which a user will get certain types of ads during a particular session. In addition, advertisers may elect to use third-party advertising companies to serve ads onto the CIQPM. In the course of serving these advertisements, the third-party advertisers may place or recognize a unique permanent or session “cookie” on your browser. These third-party ad servers may also collect and use personally identifiable information about your visits to the CIQPM and other web sites in order to present advertisements that may be of interest to you. If you would like more information about this practice or to opt out of having this information used by third-party ad servers to provide targeted ads, please visit http://www.networkadvertising.org/optout_nonppii.asp.
Term and Termination
You agree that CIQ may immediately terminate your access to the CIQPM. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the CIQPM (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and (g) engagement by you in fraudulent or illegal activities. Termination of your access includes (a) removal of access to all offerings within the CIQPM, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the CIQPM. Further, you agree that all terminations for cause shall be made in CIQ’s sole discretion and that CIQ shall not be liable to you or any third party for any termination of your account or access to the CIQPM.
This Agreement will continue until terminated by either CIQ or you. The Agreement can be terminated by either party by notifying the other party by telephone or electronic mail of the decision to terminate.
If you believe your User name and password have been used to access CIQPM without your authorization, please call CIQ Customer Service at the telephone number listed below without delay.
CIQ Customer Service: (212) 438-8700
General
This Agreement constitutes the entire agreement between the parties relating to the CIQPM and supersedes any and all other agreements, oral or in writing, with respect to CIQPM. The failure of CIQ to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
