Terms of Use – Usage Agreement

Financial Factory provides, through this web site, www.financialfactory.com, information, either publicly available or as part of personal usage, (collectively, the “Financial Factory Information”). Your use of the Financial Factory Information is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of all Financial Factory Information.

All Financial Factory Information is provided “as is” and on an “as available” basis without warranties of any kind, either expressed or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Financial Factory may discontinue the provision of any or all Financial Factory Information at any time. Neither Financial Factory nor any of its affiliates warrants that the Financial Factory Information will be accurate, complete, uninterrupted or error free or that any information, software, or other material accessible from or related to the Financial Factory Information is free of viruses, worms, or other harmful components.

Financial Factory is not an investment broker or financial advisor. The Financial Factory Information is not intended to be and does not constitute financial advice or any other advice. The Financial Factory Information is for informational purposes only.

Under no circumstances shall Financial Factory, or its affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use, non-use or reliance upon the Financial Factory Information, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the Financial Factory Information, delays in operation, transmission or failure of performance. If you are dissatisfied with any Financial Factory Information, your sole and exclusive remedy is to discontinue using the Financial Factory Information.

The Financial Factory Information is provided only for personal or professional use by one licensed individual. All forms of sub-licensing, reselling, republication or other form of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to other parties of any Financial Factory Information, including username and password information, are strictly prohibited.

Officers, directors, and employees of Financial Factory and its affiliates may hold stocks that are reviewed or recommended in Financial Factory Information and may dispose of a security notwithstanding the fact that the ranking services of Financial Factory ranks the stock/company/issuer favorably; conversely, such persons may purchase or hold a security that is poorly ranked by Financial Factory.

Financial Factory, or its licensors, or its assignees, are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, in the Financial Factory Information. You may make one back-up copy of the Financial Factory Information for your own personal use; however, you may not otherwise copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense or assign any aspect of the Financial Factory Information delivered or accessed via this service. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any Financial Factory trade name or mark or service name or mark that is similar or confusingly similar to the Financial Factory trademarks.

This agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the law of a jurisdiction selected by Financial Factory. You hereby agree that the courts located in the jurisdiction selected by Financial Factory shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the jurisdiction and venue of such courts and irrevocably waive any objections thereto, including on grounds of forum non conveniens. You are responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Financial Factory Information.

Financial Factory may deny you access to all or part of this service without notice if you engage in any conduct or activities that Financial Factory, in its sole discretion, believes violates applicable law or any term of this agreement.

You agree to defend, indemnify and hold Financial Factory and its affiliates harmless from any and all liabilities, costs and expenses, including attorneys’ fees, related to any violation of this agreement by you or authorized users of your account.

In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Financial Factory’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.