By accessing (other than to read these terms and conditions for the first time) or using this website or any page on the EQGURU.COM domain, you agree to and accept the following terms and conditions of access and use.
- GENERAL / AGREEMENT BINDING.
The pages, facilities, services, and capabilities of or accessible on this website, and the EQGURU.COM domain (the “Service”) are provided by Crist Information and Research, LLC (“CIR”) and are designed to let you (the “End User”) and others communicate with CIR and access data, information, database tools, services, and other materials, (and in some cases create and publish original materials) (collectively the “Content”), in some cases using proprietary software and development tools developed by or for CIR. This agreement (“Agreement”) embodies the terms and conditions of access to and use of the Service, and constitutes the entire and only agreement between CIR and the End User relating to the Service and supersedes all other communications and agreements with regard to the Service. This Agreement shall supersede any subsequent terms or conditions of any purchase order issued to CIR by End User with respect to goods or services offered on or through the Service, regardless of whether such order is signed by CIR. End User agrees that it may be necessary or prudent within CIR’s sole discretion to revise, amend, or supplement this Agreement from time to time. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- AUTHORIZED ACCESS.
- Access. Some areas of the Service may be accessible without password access control (“Open Areas”). End User may be assigned a password in order to access, to view, and to use some aspects of the Service (“Password Areas”) and, if applicable, to upload Content onto the Service. To the extent that CIR possesses both the right to the use, display, distribute, copy, alter, or publicly perform and the right to authorize such acts with respect to the Content and the Service, CIR grants to End Users accepting this Agreement a personal, nonexclusive, non-assignable and nontransferable license to use and display Content and to access and to use the Service as accessible in Open Areas; and the Service’s acceptance of any password provided to End User by CIR shall operate as a personal, nonexclusive, non-assignable and nontransferable license to use and display Content and to access and to use the Service in the Password Areas, within the scope of access and use supported by the password, during the session for which the password is accepted only; provided, however, that the foregoing shall not authorize any activity or access that is otherwise indicated in writing by CIR to be unauthorized, whether by this Agreement, a separate document or communication from CIR (such as e-mail or postal mail), or otherwise. In addition to the limited authorization provided above. End User may make a single hard-copy printout, for internal use only (with no right of distribution) of Content available on the Service.
- Express Limitations. All copying, distribution, publication, use, public display, or public performance not specifically authorized by this Agreement is prohibited unless done with the express written permission of CIR and the owner of such material. In particular, without limiting the generality of the foregoing, End User acknowledges and agrees that the following provisions apply to all Content (including without limitation all facts, data, figures, and original, creative works) made available on or through the Service, and that the making available, compiling, or other services and facilities of the Service comprise good and sufficient consideration for End User’s promise to refrain from any acts that would otherwise be unprohibited by the laws of copyright, trade secret, patent or any other law:
- In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited. End User assumes all risks regarding the determination of whether any Content is the subject of copyright, is in the public domain, or is otherwise subject to limitations by contract or law.
- Software accessible by or on the Service may not be reverse engineered unless specifically authorized by the owner of the software.
- As a condition of End User’s use of the Service, End User represent and warrant to CIR that End User will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
- End User may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other entity's use and enjoyment of the Service.
- End User may not download, access, copy, decompile, compile, manipulate, or otherwise obtain or use any of the data, information, or other Content made available on or through the Service for any purposes other than End User individual evaluation of discrete items of equipment that End User are considering purchasing or selling.
- End User may not resell, display, distribute (whether or not for commercial gain or advantage), sublicense access to (whether or not for commercial advantage), or take any commercial actions with any Content or portion of the Content, regardless of whether such content comprises facts or original or creative content.
- End User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service; this includes any attempts to access any Password Areas the Service without registering or by registering under inaccurate or incomplete information.
Any activities taken in violation of this paragraph 2b by End User (or End User’s representatives or those acting with End User’s password or consent) automatically void any license provided by this Agreement or that may otherwise be implied or expressly granted.
- Compliance with Law. End User agrees not to publish on the Service, or any other aspect of the Service, any Content that (i) violates or infringes upon the rights of any others (including without limitation the right of privacy or the right of publicity, copyright, and trade secret), (ii) may be illegal, abusive, profane, obscene, immoral, indecent, threatening, slanderous, libelous, scandalous, or offensive to an average person, (iii) is derogatory toward any other End User, (iv) contains or triggers any virus or other software or code that may harm, interfere with, or alter the operation of any equipment, software, data, or Content of CIR or any End User, or (v) violates any law, regulation, or regulatory advisory, opinion, including particularly without limitation, those in the area of antitrust, fair trade and competition, and securities laws. End User agrees not to solicit the performance of any activity that is prohibited by law or to solicit through the Service End Users to become End Users of other competitive information services. End User agrees to comply with all applicable laws, rules and regulations in connection with this Agreement.
- Content Review and Control. Any Content published in connection with the Service is subject to review and viewing by CIR or persons authorized by CIR. No information so published is privileged or confidential from CIR in any manner. By publishing such Content, End User waives and agrees to waive any such rights of confidentiality, privilege, or privacy as may apply. End User agrees that CIR is under no obligation to maintain a policy of controlling or monitoring Content published by other end users or third parties (whether affiliated with CIR, business partners of CIR, or otherwise). In the event that CIR is made aware of a potential violation of the terms of this Agreement, CIR shall take such investigative and remedial measures as it deems in its sole discretion to be appropriate.
- Discretion of CIR. CIR and its authorized representatives reserve the right, but are not obligated, in their sole discretion, to edit or delete any information, software or other content appearing on the Service, regardless of whether it violates applicable standards for content, for any reason. End User agrees that the final determination regarding whether Content published or sought to be published in connection with the Service falls within a prohibited category under this Section 3 rests solely with CIR and those whom CIR may authorize. Violations of any provision of this Agreement, including without limitation the provisions of this Section 3, may be dealt with in CIR’s sole discretion by removal of violating Content without notice, denial or suspension of access, reporting to government authorities, or any such other remedies or actions as may be otherwise legally available to CIR or any aggrieved party, including the provisions of the Digital Millennium Copyright Act.
- End User Responsible. End User shall be responsible for all use of the Service accessed in connection with End User’s password and all transactions effected in connection with the password. In particular, without limitation, CIR shall be entitled to rely upon the authority to act for and to bind End User of any person accessing the Service with the password. End User shall be solely responsible for the accuracy and completeness of Content published on the Service by End User and shall not publish any Content unless the End User owns all legal rights and clearances to such Content as necessary in order for End User to comply with Section 3a. End User shall not publish any copyrighted Content through use of the Service without (a) the express permission of the owner(s) of all copyrights rights involved, or person(s) specifically authorized by such owner(s) to convey such permission, and (b) obtaining in the favor of CIR and its assigns from such owners express permission, license, and consent to license and to sublicense such copyright rights to any End User of the Service under this Agreement. Only the owner(s) (or such authorized person(s)) of copyrighted content may publish such Content through use of the Service. End User’s publishing of any Content is a representation that such licenses and sublicenses as described in this Section 3 have been secured.
- Grant of License. By using the Service, uploading Content, or sending any Content to CIR (including e-mails, testimonials, and the like), End User irrevocably grants CIR and its assigns a nonexclusive license to copy, display, distribute, publish, publicly perform, create derivative works based on the Content published or sent by End User. End User further grants the right to use the End User’s name, image or likeness, and other personal information in connection with the Content published or sent by End User. Such license specifically includes the right by CIR and its assigns to sublicense and authorize such acts on the part of any other End User of the Service under the terms and conditions set forth herein.
- CIR Property. End User acknowledges and agrees that any Content created by or for CIR or any aspect of the Service (including without limitation, software code, screen views or templates, interfaces, html (or other pertinent language) mark-up, and any other writing or expression) are not within the public domain. End User may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any Content which they receive or access through the Service, except as expressly provided in this Agreement. End User agrees not to use the trademarks, logos, symbols, or any other mark or commercial identifier of CIR or any aspect of the Service without the express written consent of CIR.
- Links to Third Party Sites. The Service may, from time to time, contain links to other websites (“Linked Sites”). The Linked Sites may not be under the control of CIR and CIR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CIR is not responsible for any Content or any form of transmission received from any Linked Site. CIR is providing these links to End User only as a convenience, and the inclusion of any link does not imply endorsement by CIR of the site or any association with its operators unless otherwise stated.
- End User acknowledges that the Password Areas of Service contain information of a confidential and sensitive nature. All information accessible in Password Areas of the Service, except as provided in Section 4b, below, shall be deemed proprietary and confidential (“Confidential Information”), and End User agrees to treat such Confidential Information as confidential, and to hold it in trust for CIR. In particular without limitation, End User will not disclose or allow to be disclosed such information without the express written consent of CIR. End User will at a minimum employ the same standards to maintain the confidentiality of the Confidential Information as it employs to protect its own proprietary information and trade secrets.
- The restrictions and obligations under this Section 4 concerning confidentiality shall not apply to any portion of the Confidential Information that: (i) is generally known without access restrictions to the general public in the form, compilation or organization, or as manipulable, on or through the Service through no act or failure to act of End User; (ii) may be demonstrated to have been known to End User at the time of the receipt thereof as evidenced by tangible records that existed prior to End User’s obtaining the information from CIR; (iii) subsequently is obtained rightfully from a third party who lawfully possessed the information and who had the right to make such disclosure as evidenced by tangible records; or (iv) is independently developed by End User without assistance of, reference to, or reliance upon Confidential Information.
- Permissible. CIR may modify this Agreement at any time, and may discontinue or revise any or all other aspects of the Service in its sole discretion and without prior notice. Notification of a discontinuance or changes to this Agreement will be posted on the Service, or sent via e-mail or postal mail. End User agrees that use of the Service is an acknowledgment and agreement to the terms and conditions of the Agreement, and that continued use of the Service following any revision, amendment, or supplement is sufficient consideration for, and indicates agreement to, such revisions, amendments, or supplements.
- Limitations. Any acknowledgment of an e-mail or other communication of the End User that is in any way inconsistent with, or adds to, the provisions of this Agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. CIR may authorize or allow its contractors and other third parties to provide to CIR and/or to End User services necessary or related to making the Service available and to perform obligations and exercise rights of CIR under this Agreement.
End User’s right to use the Service or to designate users is not transferable and is subject to any limits established by CIR. End User may not sublicense, assign or transfer this license. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void.
- EQUIPMENT AND SERVICE PROVIDERS.
End User is responsible for and must provide all telephone and other equipment and services necessary to access the Service and use the Software.
- USE OF INFORMATION.
End User agrees to indemnify and hold CIR, including its officers, agents, employees, suppliers, and service providers, harmless from any claims, liability, and expenses, including reasonable attorneys’ fees, whether in tort or in contract, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that is made by any third party relating to End User’s breach of the Agreement any Content published by End User on the Service.
- LIMITATION OF LIABILITY.
The information, software, products, and services included in or available through the service may include inaccuracies or typographical errors. In the event of a typographical error relating to price or quantity of an item featured, described, or offered for sale on the service, cir reserves the right to refuse to fill any order or orders that rely on such typographical error. Changes are periodically added to the information herein. Cir may make improvements and/or changes in the service at any time, without prior notice.
Cir and/or its affiliates and/or respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the content, information, services and related graphics contained on the service for any purpose. All such content, information, services and related graphics are provided “as is” without warranty of any kind. Cir and/or its affiliates and/or respective suppliers hereby disclaim all warranties and conditions with regard to this content, information, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Cir does not warrant that the site will be free of errors or viruses.
In no event shall cir and/or its affiliates and/or suppliers be liable for any indirect, punitive, incidental, special, or consequential damages, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service, with the delay or inability to use the service or related services, the receipt of incomplete instructions or orders, the non-receipt of instructions or orders, the provision of or failure to provide products or services, or for any information, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if cir or any of its affiliates or suppliers have been advised of the possibility of damages. Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to end user. If end user are dissatisfied with all or any portion of the service, or with all or any of these terms and conditions of use, end user’s sole and exclusive remedy is to discontinue using the service.
- BENEFIT OF SECTIONS.
The provisions of Sections 2, 3, 4, 9, and 10 are for the benefit of CIR and its contractors, information providers, service providers, licensors, employees, and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf against End User.
- GOVERNING LAW / JURISDICTION.
This Agreement is made in California, and shall be governed by and construed in accordance with the laws of California except that no conflicts-of-laws provision shall be invoked so as to use the laws of any other jurisdiction. End User consents to jurisdiction of the courts residing in the State of California for all disputes arising out of or in connection with this agreement. By consent and agreement of End User, venue is proper in the courts within Sacramento County, California.
If any provision of this Agreement is determined to be invalid, it shall be deemed severed from the remainder of the Agreement, and all other provisions shall remain in full force and effect.
This Agreement is effective until terminated by either party. End User may terminate this agreement at any time by discontinuing use of and access to the Service and destroying all materials obtained from the Service. CIR reserves the right, in its sole discretion, to terminate or suspend any End User’s password, access, and ability to use the Service at any time, without notice. The provisions of Sections 2b - 7 and 9 - 16 shall survive any termination of this Agreement.
- INJUNCTIVE RELIEF.
End User acknowledges and agrees that any violation of the terms of this Agreement relating to the disclosure, use, copying, distribution, display or publishing of Content may result in irreparable injury and damage to CIR that may not be adequately compensable in money damages, and for which CIR will have no adequate remedy at law. End User therefore consents and agrees that CIR may obtain injunctions, orders or decrees as may be reasonably necessary ensure compliance with this Agreement. End User waives any requirement of bond that may apply for issuance of any injunctions, orders, or decrees.
- RELIANCE. Cir does not endorse, assert or stand behind the truthfulness or reliability of opinions, advice or statements given or made by anyone other than authorized cir spokespersons in any manner on or through the service. Other end users are not authorized cir spokespersons.
By using this website, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms. Furthermore, you choose to use the Service and to abide by the terms and conditions set forth here.