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TERMS AND CONDITIONS OF USE
1. User agrees to purchase a license to
use SimFund Filing® for access to open-end and closed-end SEC
filings on Vendor's (Simfund Mutual Fund Research
and Consulting Electronic Products Inc.) web site and to pay a
license fee by check within 30 days of receipt of Vendor's
electronic invoice.
2.
All terms of this Agreement will apply to User and Vendor from
the date of delivery of User ID's and passwords to User and
continue for the subsequent twelve (12) months. This agreement
shall automatically renew for successive one (1) year periods,
provided User pays upon being invoiced for one (1) additional
year within 30 days of renewal date in the amount
of Vendor's then current annual license fee for the
Service.
3.
Permission is granted to any still valid Simfund
approved username and password to download and print materials
from this website for the User's own internal purposes and to
support User's normal operations including regularly provided
publications, electronic services, customer support and
consulting projects. User may redistribute without
restriction any complete, portion of, or information from a
SEC filed document, which is accessed or derived from the
Service. User shall not, on the basis of this Agreement,
transfer the use of this Service, or take the Service or
elements of The Service and incorporate them electronically in
User's retail or institutional products and services
without
separate written Agreement with Vendor. Users shall not use
the Service to provide service advice or analysis, or
electronically redistribute the Service or parts of the
Service, to any third parties, on either a regular or ad hoc
basis, in such a way which would in effect deprive Vendor of
the opportunity to license the Service to such third party,
without separate written agreement with
Vendor.
4.
The User acknowledges that the website is protected under
copyright and other laws. The User agrees that this agreement
shall not grant to the User any title or ownership interest in
the Service. The User agrees to treat the website, individual
username access ID's and passwords, and related documentation
as proprietary and confidential and not to disclose
such information to any third party. Either User or Vendor may
terminate this SimFund Filing license at any time without cause
and Vendor will refund within 30 days a pro-rata portion of
the license fee corresponding to the unexpired term of User's
subscription year.
5.
This website and the information, software, and other
materials available on or accessible from it are provided on
an "as is" and "as available" basis without warranties or
representations of any kind, either express or implied,
including but not limited to warranties of title,
noninfringement, merchantability and fitness for a particular
purpose. Simfund does not warrant that the website
service will be error free, timely or available at any
particular time, or that any information, software,
or other materials available through the website are free of
viruses or other harmful components.
6.
Under no circumstances will Simfund be liable for
any damages, including, but not limited to, direct, indirect,
incidental,
special, punitive or consequential damages, that result from
your use of the website or your reliance on or use of
information or services provided on or through the website, or
that result from mistakes, omissions, interruptions, errors,
defects, delays in operation or transmission or any failure of
performance.
7.
Your use of our website shall be governed by and interpreted
in accordance with the laws of New York and the United States
of America, without regard to their principles of conflicts of
law. You agree that any legal action or proceeding relating to
your use of our website shall be brought either in the federal
or state courts located in New York County. By choosing to
access our website from any location outside the United
States, you accept full responsibility for compliance with all
local laws and laws outside of the United
States.
Simfund Mutual Fund Research and Consulting Electronic
Products Inc.
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