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SharkRepellent.net User Agreement

This Agreement (the "Agreement") is between you ("Subscriber") and FactSet Research Systems Inc. ("FactSet"). By accessing or using the Site, you agree to be bound by this Agreement. FactSet provides the data and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of this Site constitutes your agreement to all such terms, conditions, and notices.

1. NO ADVICE OR SOLICITATION. The material provided on SharkRepellent.net is for informational purposes only and does not constitute legal advice or advice to buy or sell securities. You acknowledge that any reliance upon any information displayed or distributed through SharkRepellent.net is at your sole risk. FactSet reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site.

2. USE OF DATA. The Subscriber agrees the materials, including without limitation text, data, reports, documents, software, and images, collectively ("Content") are owned or controlled by FactSet. FactSet grants you the Subscriber, non-exclusive and non-transferable limited right to access and use for noncommercial use Content provided herein solely for use in your ordinary course of business. The Subscriber will not rent, lease, trade, or sell to others FactSet's Content, or permit access thereto, in any form. The Subscriber may not reproduce, modify or in any way commercially exploit any of the Content. Notwithstanding the aforementioned, the Subscriber may include parts of FactSet's Content in presentations, pitchbooks and reports that are part of the Subscribers normal business services. The Subscriber agrees to keep confidential all Content provided by FactSet.

3. INDEMNIFICATION. The Subscriber hereby agree to indemnify, defend and hold harmless FactSet from and against any and all liability and costs incurred by FactSet in connection with its use of the Site or the Content or in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. The Subscriber shall cooperate as fully as reasonably required in the defense of any claim brought by third parties which may be covered by the preceding sentence.

4. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FACTSET MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY FACTSET. FACTSET DOES NOT WARRANT (I) THAT THE FUNCTIONS CONTAINED IN THE SITE OR YOUR SUBSCRIPTION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (II) THAT DEFECTS OR ANY ERRORS WILL BE CORRECTED, (III) THAT THE SITE OR YOUR SUBSCRIPTION WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, (IV) THAT THE SITE, INCLUDING THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR YOUR SUBSCRIPTION WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR YOUR SUBSCRIPTION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FACTSET OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

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.

The Subscriber agree to comply with applicable state, local, federal or foreign laws and regulations, including laws and regulations regarding customer solicitation, telemarketing, and privacy regarding the products and the collection, processing or transfer of information or software.

7. PRIVACY POLICY. "Personal information" means any information relating to your use of Our Service which specifically identifies you. Our Site's registration forms require contact information (like name and email address) and demographic information. We will not disclose your personal information to any third party advertisers unless we are compelled by law or, in our sole discretion, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities. We reserve the right, directly or through our designated marketing agents, to distribute promotional materials to you for FactSet products or for products of our marketing partners. Such promotions will be for products believed to be of interest to our user base. Your personal information shall remain in the possession of FactSet or its designated marketing agent at all times.

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.

Cookies. FactSet employs cookie technology to help visitors navigate our Site. Cookies are small files that your web browser places on your computer's hard drive. We use cookies for remembering user names and passwords and preferences, tracking click streams, and for load balancing. Because of our use of cookies, we can deliver faster service, update results, and provide a more personalized Site experience. In order for the services to work you cannot set up your browser to reject cookies.

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.

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