TERMS AND CONDITIONS
LICENSE TO USE; PROHIBITION ON DIVERTING SERVICE DATA
We grant you a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Platform pursuant to these Terms and Conditions. We may provide certain portions of the Platform under license from third parties, and you will comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors.
We are providing the Platform to you only for your internal use and only for the purposes related to certain services provided to you by OfferBoard. You may not sell, lease, or provide, directly or indirectly, the Platform or any portion of the Platform to any third party without our written permission. You acknowledge that all proprietary rights in the Platform are owned by us or by any applicable third party service providers selected by us providing us with all or part of the Platform, or providing you with access to the Platform, or their respective licensors, and are protected under copyright, trademark and other intellectual property laws and other applicable law. You receive no copyright, intellectual property rights or other rights in or to the Platform, except those specifically set forth in these Terms and Conditions. You will protect and not violate those proprietary rights in the Platform and honor and comply with our reasonable requests to protect our contractual, statutory and common law rights in the Platform. If you become aware of any violation of our proprietary rights in the Platform, you will notify us in writing.
As between OfferBoard and you, OfferBoard retains all ownership and other rights associate
with the Platform generated data (Data).
You may not divert Data from the Platform, either internally or externally, except as specifically authorized by OfferBoard. OfferBoard is not liable to you for any diverted, repackaged or disseminated Data. OfferBoard reserves the right to audit your usage of data in adherence to the OfferBoard requirements and limitations specified within these Terms and Conditions on an annual basis for the purposes of establishing and verifying that you have not diverted, repackaged or disseminated Data.
None of the information contained in the Platform constitutes a recommendation by OfferBoard or its affiliates to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Platform has been prepared without reference to any particular user's investment requirements or financial situation. The information and services provided on the Platform are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or where OfferBoard is not authorized to provide such information or services. Some products and services described in the Platform may not be available in all jurisdictions or to all customers.
The fact that the Company has made the data and services provided on this site available to you constitutes neither a recommendation that you enter into a particular transaction with a third party nor a representation that any product, service or offering described on this site is suitable or appropriate for you. The Company is not a party to any transaction you may determine to enter into directly with an issuer, investor or other user of the Site. Any discussion of the risks contained herein with respect to any transaction you may enter into directly should not be considered to be a disclosure of all risks or complete discussion of the risks related to any such transaction. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make the information available through this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.
The Site is provided by the Company on an "as is" and on an "as available" basis. The Company disclaims all warranties, express, implied or statutory, including without limitation implied warranties of merchantability and fitness for a particular purpose or course of performance or dealing, and any warranties that materials on the site are non-infringing. The Company makesno representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. The Company does not warrant that the system, services, or any component thereof, will meet the requirements of the user or that the operation of the system, service, or any component thereof, will be uninterrupted or error free. The Company does not warrant that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this Site, you do so at your own discretion and risk. The Company does not undertake any obligation to correct or update any information contained on this Site. The Company shall have no liability for any interruptions in the use of this Site. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in any such jurisdiction. The Company does not own nor control the third-party website that linked you to the registration pages comprising the Site.
LIMITATION OF LIABILITY
You expressly understand and agree that, to the full extent permitted by applicable laws, in no event will Company be liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential,
exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Hyperlinks to or from other internet resources are accessed at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by the Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the site and/or information contained on the site is to stop using the site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of 100USD or the aggregate cumulative amount paid by you to the Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
Unauthorized use of the Site and systems, including, but not limited to, unauthorized entry into the Company's systems or misuse of any information is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden or impair any of Company site or service or interfere with any other party's use and enjoyment of any Company site or service. You may not attempt to gain unauthorized access to any Company site or service, computer systems or networks connected to any Company site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.
Your "Information" means any information and materials you provide to the Company or other users in connection with your registration for or use of the Site. You are solely responsible for Your Information, and the Company acts merely as a passive conduit for your online distribution and publication of your Information. You hereby represent and warrant to the Company that your use of this Site and your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any state, federal, or local law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
OfferBoard and other OfferBoard trademarks and service marks referenced herein are trademarks and service marks of OfferBoard, LLC. You are prohibited from using any marks for any purpose without the written permission of OfferBoard, LLC or Entoro Group. Pursuant to Section 512(c)(2) of the Copyright Act, OfferBoard, LLC designates the following agent to receive notifications of claimed infringement:
710 N. Post Oak Road, Suite 150
Houston, TX 77024