Effective Date: June 14, 2019
WELCOME TO VALITANA.COM (THIS “SITE”). IF YOU CONTINUE TO ACCESS, BROWSE AND/OR USE THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”), WHICH GOVERN YOUR RELATIONSHIP WITH VALITANA LLC (THE “COMPANY”) IN RELATION TO THIS SITE. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE VIEW OR USE THIS SITE.
The terms Valitana, Valitana LLC, Company or “us” or “we” refer to the owner of this Site, having an office at 20 Horseneck Lane, Greenwich, CT 06830. The term “you” refers to the user or viewer of our Site.
This website is for informational purposes and to support Valitana’s data products and services. Your use of the Valitana client portal is also subject to your Master Services Agreement governing your subscription to the Valitana software as a service (SaaS) data product and service offerings. You may not use this Site or the Valitana services in any way that violates that Master Services Agreement, or otherwise is in contravention of applicable law.
No Financial Services or Advice. Valitana is a United States-based data services company offering SaaS data products and services to business subscribers. Valitana does not offer financial services or products, and nothing on this website shall be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation to buy or sell, any security, financial instrument or investment or as an offer to provide financial advisory or other services by Valitana to any person in any jurisdiction. Nothing contained on this website constitutes investment, legal, tax, accounting or other advice, nor should be relied upon in making an investment or other financial decision.
This Site is owned and operated by Valitana and may be accessed and used solely for informational purposes only and those purposes authorized by your Master Services Agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software or other materials (“Materials”) obtained from this Site, except that you may view the Materials in their present form or except as otherwise authorized by your Master Services Agreement. The use of the Materials on any other website or networked computer environment is prohibited. We do not undertake to advise you of changes in any of the Materials, and you should note the date of publication of each component of the Materials. You acknowledge that none of the Materials made available on or through this Site constitutes business, financial, investment, hedging, trading, legal, regulatory, tax, accounting or other advice. You recognize that unauthorized use of Site content may subject you to civil or criminal liability.
This Site, including the Materials, is owned by us or our licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. Using, copying, or storing any portion of this Site for other than your personal informational use as expressly authorized by your Master Services Agreement, or granting access to this site to any third party or to more subscription users than authorized under your Master Services Agreement without our prior written consent of Valitana is expressly prohibited. The logos, services marks and trademarks of Valitana are owned exclusively by us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. This Site may contain other proprietary notices and copyright information. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Materials.
The Materials published on this Site may include inaccuracies or typographical errors. This Site and all Materials are provided “as is”, without warranty of any kind, and we hereby disclaim all warranties and conditions with regard to this Site and the Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement except where and to the limited extent as may be explicitly provided for in your Master Services Agreement. We do not warrant or make any representations regarding the use or the results of the use of the Materials or with respect to their correctness, accuracy, reliability, or otherwise. We do not warrant that this Site or any Materials will be provided on an uninterrupted or error-free basis, that defects will be corrected, that this Site or the server that makes it available are free of viruses or other harmful components or relating to any breach of security associated with the transmission of sensitive information through this Site or any linked website. In addition, we make no representation about the suitability of the Materials for any purpose. You (and not Valitana) assume the entire cost and risk of using this Site and the Materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event will we or any of our affiliates, licensors, service providers or any third party be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for the Materials obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, even if we and/or any such person has been advised of the possibility of such 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 you.
You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, licensors and service providers harmless from and against any and all liabilities, judgments, fines, damages, settlements and costs (including reasonable attorneys’ fees and disbursements) incurred in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of this Site. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Any dispute, controversy or claim arising out of related to this Site or these Terms of Use shall be governed by and interpreted under the laws of the State of New York (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). You agree to submit to the jurisdiction of the state and federal courts in New York County in the State of New York in respect of litigation arising out of or related to your use of this Site or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Please continue to review these Terms of Use whenever accessing or using this Site. Your use of this Site after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute your acceptance of these Terms of Use, as modified. We expressly rejects any terms and conditions proposed by you which are in addition to or which conflict with the terms and conditions herein and such proposed terms and conditions shall be of no force or effect.
If you have any questions or comments about these Terms of Use, please contact us at legal@valitana.com.
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