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Terms of Use

 

Thank you for visiting FinDynamics.com. These Terms and Conditions of Use (“Terms of Use”) is an agreement between you (either as an individual or an entity that you represent) (“you” or “Licensee” or “user”) and FinDynamics, Inc (“FinDynamics”) which governs your use of the web site FinDynamics.com (“Site”) and of the “Licensed Software” which is comprised of the: (a) XBRLAnalyst Add-in software for Microsoft Excel (“XBRLAnalyst”), (b) remote access to the FinDynamics XBRL database (“Database Services”), whose content is fetched by XBRLAnalyst into Microsoft Excel application installed on the user computer, and (c) related documents, which may include Excel templates, associated media, printed or electronic materials, or other documentation available online (“Documentation”). Limited use of the Site and of the Licensed Software is offered to you by FinDynamics subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site and of the Licensed Software constitutes your legally binding acceptance of and agreement to these Terms of Use. If you do not agree to these Terms of Use, you should discontinue any use of the Site and the Licensed Software. FinDynamics reserves the right to change or modify these Terms of Use at any time without notice. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.

 

BY SELECTING THE “I ACCEPT” CHECKBOX ON THE REGISTRATION PAGE OR BY OTHERWISE DOWNLOADING, COPYING, OR USING THE SITE CONTENT OR INSTALLING, ACCESSING OR USING THE LICENSED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU UNDERSTAND THEM, AND YOU AGREE TO BE LEGALLY BOUND BY THEM.

 

OWNERSHIP AND LIMITED LICENSE GRANT AND USE

  1. Ownership. FinDynamics is the exclusive owner and proprietor of the Site and of the Licensed Software unless explicitly expressed otherwise by FinDynamics. The Site Content and the Licensed Software are offered to you by FinDynamics for limited use pursuant to these Terms of Use. “Site Content” means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, script, object code, information, and other content made available through the Site. Licensed Software means any and all elements of XBRLAnalyst Add-in and of the Database Services, including without limitation all patents, copyrights, trademarks, trade secrets, source code, object code, software, computer programs as well as database content, schemas, procedures, configuration and other intellectual property contained in or underlying the Licensed Software. Site Content and Licensed Software may sometimes be collectively referred to herein as the “Products.” You acknowledge and agree that FinDynamics owns and retains all right, title and interest in and to the Products unless explicitly expressed otherwise by FinDynamics.
  2. Limited License Grant. Subject to the terms and conditions of this Agreement, FinDynamics grants to Licensee a non-exclusive, non-transferable, revocable license (without the right to sublicense) to access and use the Products for Licensee’s personal or business purposes, and solely for the number of individual users for which Licensee has requested the Software License. Licensee shall require all of its employees who utilize the Licensed Software to agree to the terms and conditions of this Agreement. Licensee does not acquire any other rights, expressed or implied, in the Products. All rights not expressly granted hereunder are reserved to FinDynamics.
  3. Limited License Use. Licensee shall not use the Products in any manner which is not expressly authorized by these Terms of Use or which violates any applicable law, copy or reproduce the Products in whole or in part and modify, translate, create derivative works, reverse engineer, decompile, disassemble or otherwise reduce the Products to source code form; or distribute, sublicense, assign, share, sell, rent, lease or otherwise transfer the Products or Licensee’s right to use the Products. You are not allowed to perform one time retrieval of large sets of historical data provided by FinDynamics with the purpose of storing and analyzing that information without active subscription to the Products of FinDynamics. You agree to use the Products and the Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Products automatically terminates and you must immediately destroy any copy you may have of any of the Products. Any other use or exploitation of this Site, including the Products, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

NATURE AND USE OF THE PRODUCTS

  1. Products. FinDynamics offers the Licensed Software for performing analysis of public financial reports prepared in XBRL format by companies registered with the US Securities and Exchange Commission (“SEC”). FinDynamics does not provide investment advice on the Site or by means of the Products and does not purport to do so. FinDynamics hosts in the cloud and maintains databases of XBRL financial reports submitted to SEC by public companies in the US. The data of the XBRL database is accessed remotely by XBRLAnalyst software for the purpose of financial analysis performed in Microsoft Excel application installed on the user computer. In addition, depending on the XBRLAnalyst software license FinDynamics provides access to the End of Day (“EOD”) Stock Market data for US Equities Markets. Neither FinDynamics nor its partners can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the information on these databases, including, but not limited to information originated or gathered by FinDynamics from SEC or other publicly available sources. There may be delays, omissions, or inaccuracies in the information. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, FinDynamics and its partners are not responsible for errors in or omissions from the information contained or accessed through the Licensed Software. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
  2. Username/Password. When registering on the Site, the Licensee shall receive an individual username and password. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or others an access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. FinDynamics shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
  3. Communications/Messages from Licensee. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that (i) you have no expectation of privacy in any public Communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and FinDynamics by reason of your transmitting a public Communication to any area of the Site. Any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site, is referred to as “Your Posted Material”. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages “make-money fast” type messages, “chain letters” or “pyramid schemes” of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user). FinDynamics shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site for any reason whatsoever. FinDynamics reserves the right to expel you from or suspend your access to any or all parts of the Site for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Site and you acknowledge that FinDynamics may not be monitoring the Site and you are not relying upon FinDynamics to monitor the Site. FinDynamics takes violations of its customers’ rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
  4. Personal data. FinDynamics’s use of your personal data is governed by FinDynamics ‘s Privacy Policy, which forms an integral part of these Terms of Use.

SERVICE WARRANTY; LIMITATION OF LIABILITY

  1. Service Delivery. FinDynamics utilizes the Internet including but not limited to the cloud based data servers to provide Database Services to its users. The Internet is a BEST-EFFORT public electronic communications domain. Due to the fact that the Internet comprises a wide range of networks, the volume of network traffic, geographical distance, latency, packet loss, any network outages and/or maintenance can substantially affect possible throughput and dramatically reduce the actual data transmission rate. Because of this, there is no way to guarantee the data transmission rate the user can observer while performing calculations in Microsoft Excel using XBRLAnalyst, even if your Internet subscription/access speed is adequate. FinDynamics can NOT guarantee the database availability or data transmission rate every time.
  2. Security. As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting information over the Internet. FinDynamics does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to FinDynamics will not be stolen or otherwise surreptitiously obtained. FinDynamics is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the Products contained on the Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, FinDynamics expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all computer hardware, Internet and other equipment needed for access to and use of the Products and you shall be responsible for all charges related thereto.
  3. Content, Content Access and Availability. FinDynamics does not make any warranties of any kind, either expressed or implied with respect to the Site, content hosting/streaming servers (“Servers”), financial data or any services offered through the Site and the Products. FinDynamics DOES NOT and CAN NOT guarantee Servers and Site uptime, availability, accessibility, security, performance, failover and/or redundancy. Servers, services, goods and content are available on “AS IS”, “AS AVAILIBLE” and “BEST-EFFORT” basis and can be removed/disconnected by FinDynamics or its providers and/or partners at any time with or without notice. FinDynamics shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the inability to access/use the Site, Servers, content, services offered on the Site.
  4. LIMITATION OF LIABILITY. IN NO EVENT SHALL FINDYNAMICS AND ITS SUPPLIERS HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION), EVEN IF FINDYNAMICS AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS FINDYNAMICS AND ITS SUPPLIERS INCLUDING THEIR EMPLOYEES, DIRECTORS, SHAREHOLDERS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITYES, DAMAGES, ACTIONS, LOSSES OR CLAIMS IN CONNECTION WITH THE PRODUCTS AND RELATED SERVICES.
  5. No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
  6. Termination. In addition to any other rights of the parties set forth herein, FinDynamics reserves the right to restrict, suspend or terminate your access to the Database Services or other Products in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If FinDynamics terminates this Agreement based on a breach of any portion of this Agreement, FinDynamics reserves the right to refuse to provide a subscription or any Database Services to you in the future. The Agreement shall terminate automatically in the event that FinDynamics ceases to have the right to provide the Database Services as part of the Products. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using the Licensed Software, Documentation, and all other tangible items in Licensee’s possession or control.
  7. Support Services. FinDynamics is under no obligation to support the Products in any way or to provide any updates or upgrades to Licensee. The support services are provided ON the “BEST-EFFORT” basis.

COPYRIGHT AND INTELLECTUAL PROPERTY

The Products of FinDynamics is the property of FinDynamics and is protected by copyright and intellectual property laws. All rights reserved. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate the information without the express written consent of FinDynamics. You are entitled to use the information for your personal use only. You are permitted to print off pages from the Site to the extent reasonably necessary for your use of the Site in accordance with utilizing the information for personal purposes.

You also consent that all your feedback and suggestions provided to FinDynamics by email, online chat or by any other means becomes the property of FinDynamics and can be used for improving, extending and enhancing existing products or services of FinDynamics or creating new products and services.

 

GENERAL AND GOVERNING LAW

  1. Written Agreement. These Terms of Use constitute a written agreement between you and FinDynamics. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
  2. Force Majeure. FinDynamics shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
  3. FinDynamics makes no representation or warranty that the Products are legal, appropriate or available for use in all locations. Those who choose to access this Site and use the Products do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
  4. Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
  5. Full Integration. These Terms of Use constitute the entire agreement between you and FinDynamics related to this Site and the Products. No prior written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and FinDynamics relating to this Site or the Products.
  6. Modifications. FinDynamics has the right to modify this Agreement and any policies affecting the Site or the Products. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site and the Products following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of FinDynamics in providing the Site and the Products, including without limitation (i) any change in the Content, or (ii) any change in the Terms of Use associated with the Products, is to stop using the Products and the Site Content. FinDynamics has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site.
  7. If any provision of these Terms of Use is held to be unenforceable, then these Terms of Use shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent or, if that is not possible, by substituting another provision that is enforceable and achieves substantially the same objective and economic result.
  8. These Terms of Use shall be governed and interpreted by the laws of the Province of Quebec and the parties agree to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal in relation to these Terms of Use. Any legal action or proceeding with respect to these Terms of Use or the Privacy Policy shall be brought before the competent courts of the Province of Quebec.

COMMUNICATIONS

FinDynamics may send periodic emails with information about product updates, new services or other relevant news that may be of interest to our users. When you register on our website or add your email to the mailing list using Subscribe section in the Footer of the website, you agree to receive such emails. The emails will always contain an Unsubscribe button that will permit to remove your email address from our mailing list.

TRIAL ACCESS

FinDynamics provides FREE trial access to many of its products. The user is NOT allowed to register multiple times in the system in order to continuously benefit from the trial access. FinDynamics reserves the right to lock any user from accessing the system without any additional warnings. If you believe that your trial access was locked for some erroneous reason, please contact our Support. Active subscribers are NOT locked as long as their subscription remains active.

LANGUAGE

These Terms of Use are drawn up in English at the request of all parties. Les parties aux présentes ont expressément convenu que ce contrat soit rédigé en anglais.

 

CONTACT INFORMATION

For any questions concerning these Terms of Use or any related reason, please contact us using the Contact Form or direct email Support@FinDynamics.com

 

THANK YOU FOR VISITING OUR WEBSITE. WE APPRECIATE YOUR INTEREST AND LOOK FORWARD TO HAVING YOU AS A REGISTERED USER.