John Wiley & Sons, Inc. ("Wiley"), at its discretion, provides You with access to www.stocktradersalmanac.com (the "Website"), which includes, but is not restricted to a monthly newsletter, related publications, email alerts, and other services (collectively, the "Newsletter"). By subscribing to the Newsletter or making use of the Website, You ("You") agree to comply with the conditions imposed on Your use of the Newsletter and Website, as set out in these Terms and Conditions of Access and elsewhere.
1. The Website and Newsletter or portions thereof may be outside Wiley's control or provided by a third party and Wiley does not take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services.
2. Certain data accessible through the Website or Newsletter is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual property laws and all ownership rights remain with the information service provider or the third party or us, as the case may be.
3. You shall only use the data retrieved from the Website or Newsletter for Your own personal and non-commercial purposes while accessing the Website or Newsletter. Such use will be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on the Website or in the Newsletter. You shall not copy, distribute or redistribute the data, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from the Website or Newsletter available in any manner to any third party. You shall not store the data for the purposes of creating a historical database or historical data product. You shall not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with Wiley, the information service provider or third party, as the case may be, that has ownership rights to the data (e.g. Dow Jones & Company, Inc., S&P, etc.).
4. This Agreement may be terminated by Wiley, and Wiley may immediately terminate access to the services by You, if You breach this Agreement or in any way infringe the copyrights or other proprietary rights or the privacy rights of Wiley or any other parties. Following the expiration or termination of this Agreement, You shall no longer have the right to access the subscriber-only portions of the services. You shall not be entitled to a refund of any subscription monies paid to Wiley in the event access is terminated for cause.
5. The data is provided "as is." Wiley shall not be liable to You or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to You through the Newsletter or Website or (ii) any decision made or action taken by You or any third party in reliance upon data on the Website or in the Newsletter. Wiley shall also not be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility that such damages may be incurred by You or any third party.
6. Where the Website or Newsletter consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or Wiley or any affiliates and may not be complete. Wiley disclaims all warranties as to the accuracy, adequacy, quality or fitness, timeliness, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information from the Website or Newsletter. You are responsible for validating the integrity of any information received over the Internet.
7. Transmission may be subject to arbitrary delays beyond Wiley's control, which may delay the provision of Wiley's services. You acknowledge and agree that Wiley shall not be liable to You or any third party for any losses arising from such delay.
8. Wiley is not responsible for any damage to Your computer, software, modem, telephone or other property resulting from Your use of Wiley's services.
9. Wiley shall provide limited technical support in connection with the Website and Newsletter. Technical support will consist of responding to emails and telephone calls during regular business hours (Eastern Time).
10. This Agreement will be construed and interpreted according to the laws of the State of New York, without regard to such State's conflict of law principles. Any legal proceeding arising out of or relating to this Agreement shall be instituted in a court of competent jurisdiction in New York County and the parties hereby consent to jurisdiction of such court.
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