SharkRepellent.net User Agreement
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5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FACTSET AND ITS STRATEGIC PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF FACTSET, ITS STRATEGIC PARTNERS OR ITS PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE ; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE . THE TOTAL LIABILITY OF FACTSET HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE FACTSET FROM ANY AND ALL OBLIGA
TIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. GOVERNING LAW. This agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., and any action, suit or proceeding instituted hereunder shall be maintained in the courts of the State of New Jersey, U.S.A., or the federal courts located in the State of New Jersey, U.S.A., which courts shall have exclusive jurisdiction for such purposes.
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Tracking Usage. In certain circumstances, your usage of this FactSet service and the information that you have retrieved may be reported to your employer or the Subscriber who pays for you to access the service. You were notified of this at registration and/or before your first use of the service. In such cases, this personal usage data will only be transferred to the subscribing party that pays for your access to this service. This is done to provide the Subscriber with information as to how the service is being used within its organization and for its internal billing and costing purposes.
Web Site Usage Information. FactSet collects IP Addresses and usage information when you visit SharkRepellent.net. This information is used on an aggregate basis to evaluate the frequency and length of visits.
8. CHANGES AND MODIFICATIONS. These Terms and Conditions may be amended from time to time. Any amendment is effective upon posting on the web Site. Your contined use of the product following any posted amendment to this agreement shall be conclusively deemed an acceptance of such amendment.