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Terms of Use
Nechtain, LLC ("Nechtain") provides content on this Web site (the "Site") subject to the following terms and conditions (the "Terms"). These Terms were last updated on October 1, 2007. By accessing and using this Site, you agree to these Terms.
Nechtain reserves the right to change the terms and conditions applicable to all content accessed through the Site, including Nechtain's projections, analyses, opinions and search tools (the "Products"). We may change the Terms at any time, without notice.
1. Copyright and License of Product.
The Products are the property of Nechtain and are protected by U.S. and international copyright law and conventions.
Members of the press, clients, and non-clients may quote Nechtain materials, provided that all are identified as "Source: Nechtain". Members of the press, clients and non-clients accessing content through the Site sourced to third parties by Nechtain assume responsibility for citing such sources appropriately and hold Nechtain harmless from the lack of proper citation.
2. Disclaimer of Warranties.
Nechtain shall not be liable for any damages incurred by or arising as a result of reliance upon Nechtain's opinion, analysis and data ("Information"). Nechtain exercises its best efforts in preparation of Information provided through its Site and believes the data and information contained therein to be accurate. The information contained in the Products has been obtained from sources believed to be reliable, including third-party data sources, and Nechtain's internal analytical methods, models and processes. Nechtain disclaims all warranties as to the accuracy, completeness or adequacy of such information included in the Products and throughout the Site. The user assumes sole responsibility for the selection of the Products to achieve its intended results. The opinions expressed in the Products and throughout the Site are subject to change without notice.
Nechtain does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, and warranties as to accuracy, completeness, or adequacy of the information, with respect to the Site or the Products. Although Nechtain takes reasonable steps to screen Site content and Products for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Site and Products available, Nechtain cannot guarantee that content will be free of infection.
3. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL NECHTAIN OR ANY OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE PRODUCTS OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM USER'S USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF NECHTAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NECHTAIN'S OR ANY OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS' TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED ONE UNITED STATES DOLLAR.
4. Governing Law and Arbitration.
Any dispute users have arising from the Terms or their use of the Site shall be submitted to arbitration in The Commonwealth of Massachusetts, United States of America, conducted in accordance with the commercial arbitration rules of the American Arbitration Association by a single arbitrator to be chosen in accordance with said rules. The arbitrator, applying Massachusetts law, without reference to its rules regarding choice of law, shall have the authority to grant any remedy that a court hearing the same case would have the authority to grant. The award or decision rendered by the arbitrator will be final and binding on all parties and any judgment may be entered thereon in any court having jurisdiction. If any part of the Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.