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First Analysis Securities Corp. (FASC) On-Line Research Customer Agreement
IMPORTANT: READ THIS AGREEMENT BEFORE USING FASC ON-LINE RESEARCH (hereinafter referred to as the "Service"). IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, PLEASE RETURN ANY RESEARCH REPORT YOU HAVE RECEIVED. YOUR USE OF THE SERVICE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE FOLLOWING TERMS.
The accuracy, completeness or timeliness of the information (with the exception of information about FASC) or opinions available through the Service ("Information") is not guaranteed by FASC. Information available through the Service may become unreliable because of subsequent market or economic circumstances or the passage of time. There may be delays, omissions or inaccuracies in Information. You agree that FASC shall not have any liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the Information, or for any decision made or action taken by you in reliance upon the Information or the Service, or for interruption of any data, information or aspect of the Service. 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 THE INFORMATION OR ANY ASPECT OF THE SERVICE.
IN NO EVENT WILL FASC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM LOSS OF THE USE OF THE SERVICE, INCONVENIENCE OR DELAY), EVEN IF FASC OR THE RESEARCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The Information is the property of FASC or others and is protected by copyright. It is for your personal, noncommercial use only. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of FASC. You agree to comply with reasonable written requests by FASC to protect FASC’s contractual, statutory and common law rights in the Information and the Service.
You acknowledge that neither the Service nor any of the Information is intended to supply tax or legal advice and that you shall rely solely upon such legal or tax professional(s) as you deem appropriate to obtain such advice.
To the extent that any of the Information constitutes investment advice, such information is impersonal and is either statistical information containing no expression of opinion or is not intended to meet the objectives or needs of specific individuals or accounts. Accordingly, certain of the securities and strategies referred to in the Information may not be suitable for your particular investment needs. You acknowledge that you alone are responsible for determining the suitability of your investments in light of your particular circumstances and that FASC assumes no responsibility for such determination.
From time to time, in the conduct of its business as a broker-dealer, FASC may act as principal for its own account as a market maker or otherwise or as agent for another person in connection with the sale to you or purchase by you of a security that is the subject of information available through the Service. Insofar as FASC receives a mark-up or commission or acts as agent for another person in connection with any such transaction, it has a potential conflict of interest. You understand that you are not obligated to make any purchases or sales of securities through FASC, that you will make your own decisions as to your choice of broker-dealers to effect transactions to your account and that you will not rely on FASC to advise you as to such decisions.
You will be responsible for the confidentiality and use of your password. You agree to immediately to notify FASC if you become aware of any loss or theft of your password(s) or any unauthorized use of any of your password(s), or of the Service or any Information.
You agree to indemnify and hold FASC harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement or any third party’s rights, including but not limited to copyright, proprietary and privacy rights. This indemnification and hold-harmless obligation will survive the termination of this Agreement.
FASC reserves the right to terminate your access to the Service in its sole discretion, without notice and without limitation, for any reason whatever, including but not limited to the unauthorized use of your password(s) or breach of this Agreement.
You acknowledge that, in providing you with the Service, FASC has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that this Agreement, together with any and all other present or future written agreements between you and FASC, constitutes the complete statement of the agreement between you and FASC.
FASC reserves the right to modify the Service at any time without notice. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Illinois. Copyright 2013. First Analysis Securities Corp. Member FINRA/SIPC.