1. Acceptance of Terms of Use.
Each time you use or cause access to this Web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. Please see our Privacy Policy, which is incorporated into these Terms of Use in item 5 below.
2. Our Service.
Our website and rankings, reports, data and other information or services provided or purchased shall be referred to as the “Service,” whether purchased one time or under subscription. For the purposes of this Agreement, purchasers of FinEmergia Service, whether for one-time use or under subscription, shall be referred to as “Subscribers.” Service is provided on an "AS IS" basis. You agree that FinEmergia, Inc exclusively reserves the right and may, at any time and without notice and any liability to you, modify this Web site and/or alter and delete data, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Indemnification.
The information contained on this Site is derived from a variety of sources. While every effort has been made to verify the information, FinEmergia assumes neither responsibility for inconsistencies or inaccuracies in the data nor liability for any damages of any type arising from errors or omissions.
4. Copyright.
All FinEmergia publications, research and analysis are protected by copyright. It is illegal under US Federal law (17USC101 et seq.) to copy, fax or electronically distribute copyrighted material beyond the parameters of the Agreement or outside of Subscriber's immediate organization without explicit permission from FinEmergia, Inc. Your one-time purchase or subscription allows you to share Service ranking reports and data within your organization and print reports for your personal use; sharing outside of your organization is strictly prohibited. Limited information in a ranking or report may be used in a presentation or similar, providing FinEmergia and the title of the ranking or report are referenced as the data source. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute, electronically or otherwise, any FinEmergia report or data, in any form or by any means, without prior written permission from FinEmergia, Inc. Any unauthorized use of the materials may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
5. Fees and Payments.
You agree to pay one-time purchase and/or subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact us. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
6. Refund Policy.
We will refund full 100% if we can not provide an output of published reports or first issue of subscription within 48 hours of receiving orders/payments.
If we have sent incorrect report then the one you have ordered, we will replace with correct report.
If you decide to cancel subscriptions then we will issue credit for unused portions within 24 hours.
7. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
8. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GIVE INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. FinEmergia AND ITS AFFILIATES, MEMBERS, AND EMPLOYEES ("THE FinEmergia PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE FinEmergia PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE FinEmergia PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.
9. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this Web site or our products or services shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to its conflict of law provisions. By registering or using this Web site and service you consent and submit to the exclusive jurisdiction and venue of the state of Pennsylvania.
10. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this Web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.