TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS: Inside Wall Street ("IWS") currently provides users with access to, and use of, information regarding various games, products and services on its web site located at www.guesstheindex.com (the "Website").  The Terms and Conditions of Use (the "Terms") containing the terms, conditions, notices and agreements below, govern your use of the Website.  In the event of any conflict between any one or more provisions in the Terms and in any other document or agreement between IWS and you related to a specific product or service offered on or through the Website, the provision in the Terms shall govern.

The Website is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by IWS.  PLEASE READ THE TERMS VERY CAREFULLY! Your use of the Website means you agree to all of the Terms and agree to them without modification or reservation.

2. DEFINITIONS: There are several words that are used in this Terms that have a specific meaning in the Terms. The words defined in this section shall have the following meanings in this Terms, unless to do so would be contrary to the clear intent of the Terms:

 

A. "Advertisers": Means any person, corporation, or any other entity in whatever form that places an advertisement(s) on the Website.

B. "Content": Means the editorial content and graphics on the Website, as well as the computer programs used to generate the pages on the Website.

C. "Terms": Means the terms, conditions, and notices in the Terms.

D. "You", "your" and "user": Means all individuals and/or entities in whatever form accessing or using the Website for any reason.

3. TRADEMARK AND COPYRIGHT PROTECTIONS:  IWS is the owner or licensor of all intellectual property rights (including copyrights, service marks, and trademarks) in, on, and to the Website and all Content thereon.  Material published by IWS on the Website may contain other proprietary notices or describe products, services, processes or technologies owned by IWS or third parties. Nothing in the Terms or through the use of the Website shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of IWS or any third party, except as expressly set forth and granted in the Terms.

It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the Website. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the Website on any copy you make of the Content.

 

The “Guess The Index” name and logo are trademarks and/or service marks of IWS.  All related product and service names, design marks and slogans are the trademarks or service marks of IWS, as are the "look" and "feel" of the Website (including color combinations, layout, design and all other graphical elements).  All other product, service marks, and trademarks contained on the Website are the property of their respective owners.

 

All Content on the Website, including the computer programs used to generate pages, and the Website are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied or used without the express written permission of IWS, which reserves all rights. Re-use of any of the Content for any purpose is strictly prohibited without the prior written permission of IWS. Please contact IWS at 407-682-2001 to request permission.

4. LIMITED LICENSE AND USE: You are granted a non-exclusive, non-assignable and non-transferable license to use the Website only under the Terms. You are authorized to view and download a single copy of the Content solely for your personal, noncommercial use.

This license is not a sale of any of the respective intellectual property owner's rights. The Website may be used only by you and you may not rent, lease, lend, sub-license, or transfer the Website or any data residing on it or any of your rights under the Terms to anyone else. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained in the Website.  You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged using the Website in any electronic network for use by more than one user unless you obtain prior written permission from IWS.  Please contact IWS at 407-682-2001 to request permission.

5. USER RESPONSIBILITIES: The Website may be used only for lawful purposes. As one of the conditions of your use of the Website, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the Website by you, including all Advertisers, must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Website complies with the Terms and to request prior written permission from IWS for any uses not permitted or expressly specified in the Terms. Please contact IWS at 407-682-2001 to request permission.

IWS accepts no responsibility for the opinions and information posted on the Website by others. You acknowledge that the security mechanisms of the Website have inherent limitations, and you are solely responsible for determining if the use of the Website sufficiently meets your needs.

6. SPECIFIC PROHIBITED USES: While using the Website, you shall not do any of the following:

A. Respond to any commercial opportunity on the Website for any reason other than to utilize the products or services offered.

 

B. Post or transmit any incomplete, false, or inaccurate information.

C. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.

D. Send unsolicited e-mail, telephone calls, mailings or other material to any Advertisers.

E. Post or transmit any information or material that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.

F. Transmit any information or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.

G. Post or transmit any Content that contains a virus or corrupted data.

H. Use any device, software, or routine to interfere with the proper operation of the Website or any activity being conducted on the Website.

I. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising, creating, or in any way making up a part of the Website.

J. Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.

7. LINKS TO OTHER WEB SITES: The Website may contain hyperlinks or other connections to web sites owned and/or operated by parties other than IWS.  You understand, acknowledge, and agree that IWS does not control these web sites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to web sites operated by parties other than IWS does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators.

8. ACCURACY OF MATERIAL: You understand and acknowledge that material and software published on the Website, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that IWS is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the Website may be changed or revised from time to time without notice.

9. BUSINESS PRACTICES: You understand and agree that IWS is not responsible or liable in any way (directly or indirectly) for the content posted by or on behalf of any Advertiser or any Advertiser's business practices (or any of the material posted or downloaded by any of them onto the Website). Nothing on the Website shall be directly or indirectly deemed to be an endorsement, representation, or warranty by IWS regarding any Advertiser, or other third party, whether in connection to its web site or otherwise.

You understand and agree that you must evaluate and bear all risks associated with the use of any Content or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the Content or any advertisement.

10. WEB SECURITY RULES: Users are prohibited from directly or indirectly violating or attempting to violate the security of the Website, including, without limitation,

A. accessing data not intended for the user or logging into a server or account which such user is not authorized to access,

B. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

C. attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, "flooding", "mailbombing" or "crashing",

D. sending unsolicited e-mail, including promotions or advertising of any products or services, or

E. forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Website.

Violations of the Website or network security may result in civil or criminal liability. IWS will investigate occurrences that may involve violations of the use of the Website and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the Website.

11. INDEMNIFICATION: You agree to indemnify and hold IWS harmless from and against all claims, losses, damages, injuries, awards, and liability - together with the costs, expenses, and reasonable attorneys' fees in connection therewith - resulting from, arising out of, or in any way connected to your use of the Website, your violation of the Terms or your responsibilities, your breach or misrepresentation of any of your warranties or representations, or your violation of any rights of any person.

12. MONITORING: IWS is under no obligation to monitor any material residing on or transmitted using the Website. However, you agree that IWS may at any time and from time to time monitor the Website to:

A. comply with any applicable law, regulation, rule, or other government requests in its sole determination,

 

B. operate the Website or to protect IWS and any users and Advertisers, in IWS' sole determination, and/or

C. for any other purposes as IWS may deem reasonably necessary or appropriate in its sole determination.

13. INFORMATION PRIVACY: IWS does not guarantee that any personal information transmitted via the Website will be prevented from being viewed or used by any particular person.

14. DISCLAIMER OF WARRANTIES: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IWS MAKES NO WARRANTY THAT (a) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (b) THE WEBSITE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 IWS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST IWS AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE WEBSITE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU TRANSMIT THROUGH THE WEBSITE OR FOR ANY OTHER REASON.

YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE WEBSITE.

15. LIMITATIONS OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IWS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE WEBSITE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEBSITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEBSITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE WEBSITE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

16. EXCLUSIONS FROM LIABILITY LIMITATIONS: SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. FURTHER, IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN IWS' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF YOUR COST OF THE WEBSITE OR U.S. $100.00.

 

17. COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT: You understand and agree that IWS shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials or authorities relating to your use of the Website or material or information provided by you using the Website.

You acknowledge and agree that IWS may preserve material, information or other communications by you using the Website (“Communications”) and may also disclose such Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Communications violate the rights of third parties; or (d) protect the rights, property or personal safety of IWS, its users or any other person(s).

18. ENTIRE AGREEMENT: The Terms represent the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the Website or the Content.  A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. MODIFICATIONS OF THE TERMS: IWS shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms on the Website are the current applicable provisions that govern your use of the Website. By using the Website, you have agreed to and accepted all of the Terms without modification or reservation.

 

20. TERMINATION: IWS shall have the right to terminate your use of the Website for any reason at any time without prior notice.

21. WAIVER: A waiver of any obligation or right under the Terms shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under the Terms.

22. ENFORCEMENT: The Terms shall be governed by federal law and the laws of the State of Florida. You consent to the exclusive and mandatory jurisdiction and venue for any action or dispute in the local and federal courts located in the County of Seminole, State of Florida, United States of America.

23. EQUITABLE RELIEF: You acknowledge that monetary damages may not be a sufficient remedy for the breach of the Terms by you and that IWS shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Terms by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed.

24. PROHIBITION ON USE: The use of the Website is unauthorized in any jurisdiction that does not give effect to all of the Terms. IWS makes no claims or representations that the Website may be lawfully viewed or downloaded outside of the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws, regulations, rules and any other requirements (in whatever form) of your jurisdiction.

25. SEVERABILITY: The Terms are severable and shall be construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a court of competent jurisdiction.

26. SUCCESSORS AND ASSIGNS: You agree that your heirs, successors and assigns shall be bound by the Terms.