FINISTAR WEBSITE TERMS AND CONDITIONS OF USE
Welcome to the Finistar, Inc. (the "FINISTAR") Website. Access to the public
section of the FINISTAR Website ("Public Site") is governed by these Terms and Conditions of
Use. By accessing the Public Site you agree to be bound by these Terms and Conditions of Use.
Your use of the FINISTAR Website is governed by the version of the Terms and Conditions of Use
in effect on the date the FINISTAR Website is accessed by you. Access to the members-only section
of the FINISTAR Website ("Members-Only Site") is limited to authorized employees of all entities
that have entered into Written Agreements with FINISTAR and is governed by the applicable Written
Agreement and the Terms and Conditions of Use for the Members-Only Site. You may not obtain
or attempt to obtain unauthorized access to the Members-Only Site or any other protected materials
or information through any means not intentionally made available by the Network for your specific
- Authorization to Use. You may access and use the Public Site, at your sole
risk and responsibility and in compliance with applicable law, only to gain information
about the possibility of using services described on the Public Site ("Authorized Purposes").
For Authorized Purposes, you may (a) display the Public Site on a web browser, (b) print
pages of the Public Site from a web browser, and (c) forward links to or pages from
the Public Site, electronically or in hard copy, to persons within your organization
or other persons with whom you have a personal or business relationship if you believe
such persons may be interested in the information, so long as you make such persons
aware that you are the person who has forwarded the information and so long as you do
not remove, conceal, or alter any copyright notice, byline information, disclaimer,
restriction, or other notice. FINISTAR may terminate your access to the FINISTAR Website
for any reason, without prior notice.
- Limits on Use. The FINISTAR Website is protected by copyright and other laws
and, except as expressly authorized by Section 1, you may not copy, display, print,
or distribute all or any part of the Public Site or any other section of the FINISTAR
Website, and in no event may you broadcast, decompile, disassemble, perform, publish,
rent, reproduce, reverse engineer, sell, transmit, or create derivative works from all
or any part of the Website or permit any person to perform any act relating to the FINISTAR
Website not authorized by Section 1. As between FINISTAR and you or your employer, FINISTAR
solely owns and shall continue solely to own all right, title, and interest, including
all intellectual property rights, in and to the FINISTAR Website. You may not use the
FINISTAR Website in any manner (i) that could damage or overburden our server(s) or
any network connected to any of our servers or (ii) that would or does interfere with
another party's use of the FINISTAR Website.
- Privacy. Your use of the FINISTAR Website may be monitored by or on behalf
of FINISTAR to protect security, confidentiality, intellectual property, or other rights
or business interests of FINISTAR. Without limiting the foregoing, FINISTAR reserves
the right to collect and use for any lawful purpose any data you enter, aggregate data
derived from such data, and usage patterns such as click streams. FINISTAR intends to
discretion of FINISTAR. Notwithstanding the foregoing, FINISTAR will not bear any responsibility
or liability for any information submitted to FINISTAR or for the use or misuse of any
information submitted by you or any other person.
- Availability and Content. FINISTAR makes no representation, warranty, or covenant
that the Public Site will be available at all times or at any time. Various circumstances
may prevent or delay availability. FINISTAR at any time may discontinue the Public Site
in whole or in part, or suspend your access, for any reason or no reason. There may
be errors or omissions in the Public Site, and FINISTAR reserves the right, but will
not be required, to correct any errors or omissions. FINISTAR will not be responsible
for any loss, cost, damage, or liability that may result from any loss or delay of availability,
any suspension of access, or any errors or omissions. In addition, FINISTAR will not
be responsible for the accuracy, completeness, or timeliness of the Public Site (including
any content on it) or for the results obtained from its use.
- No Professional Advice. FINISTAR does not supply tax, accounting, investment,
or legal advice or other professional advice. Without limiting the foregoing, FINISTAR
does not offer any professional advice regarding the nature, potential value, or suitability
of any particular security, transaction, investment strategy, or other course of action.
- No Warranties. THE PUBLIC SITE IS PROVIDED "AS IS." FINISTAR MAKES NO REPRESENTATION
OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER RELATING IN ANY WAY TO THE PUBLIC
SITE OR ANY LINKED SITES. FINISTAR DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW
ANY AND ALL SUCH EXPRESS OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, FINISTAR
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL (A) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD
PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR OF QUIET ENJOYMENT, (C) WARRANTIES
RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, AND (D) WARRANTIES OTHERWISE
RELATING TO ACCURACY, PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE NETWORK.
- No Liability or Damages. FINISTAR SHALL HAVE NO LIABILITY TO YOU OF ANY KIND
RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PUBLIC SITE (INCLUDING BUT NOT
LIMITED TO ANY CONTENT ON IT OR THE RESULTS OBTAINED FROM ITS USE), THESE TERMS AND
CONDITIONS OF USE, OR FINISTAR'S BUSINESS, OR ANY LINKED SITE, FOR ANY CAUSE WHATSOEVER,
WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. NO REMEDY SHALL BE AVAILABLE AGAINST
FINISTAR RELATING TO, RESULTING FROM, OR IN CONNECTION WITH ANY OF THE FOREGOING. IN
NO EVENT SHALL ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AGAINST FINISTAR BE
ALLOWED, EVEN IF FINISTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE
EXCLUSIONS OF DAMAGES IN THESE TERMS AND CONDITIONS OF USE ARE INDEPENDENT OF, AND SURVIVE
THE FAILURE FOR ANY REASON OF, ANY OTHER REMEDY.
- Changes. These Terms and Conditions of Use may be changed by FINISTAR in its
sole discretion by posting a notice on the Public Site. You should check the Public
Site for notice of such changes.