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STANDARD & POOR'S WEB SITE TERMS OF USE |
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These Terms of Use were last updated on January 1, 2004. By accessing and using the Standard & Poor's web site,
standardandpoors.com (the "Web Site"), you are agreeing to be
legally bound by these Terms of Use. By using the Standard & Poor's Web
Site, you represent that you are 16 years or older and agree to abide by the
following Terms of Use. If any of these terms are unacceptable to you, you
may not access the Standard & Poor's Website until agreement has been
reached between you and Standard & Poor's as to the applicable terms of
use. The terms "you" and "User" refer to anyone who
accesses the Standard & Poor's Web Site. As you browse through the Standard & Poor's and McGraw-Hill sites you may
access other web sites that are subject to different terms of use. When you
use those sites, you will be legally bound by the specific terms of use
posted on such sites. If there is a conflict between these Terms of Use and
the other terms of use, the other terms of use will govern with respect to
use of such pages. Standard & Poor's, a division of the McGraw-Hill Companies, Inc.
(Standard & Poor's) may change these Terms of Use at any time without
notice. Changes will be posted at www.standardandpoors.com
under "Terms of Use". Your use of the Web Site after any changes
have been posted will constitute your agreement to the modified Terms of Use
and all of the changes. Therefore, you should read these Terms of Use from
time to time for changes. It is advised that you also read the McGraw-Hill Customer
Privacy Policy at www.mcgraw-hill.com/privacy.html.
1.
USE OF THE STANDARD & POOR'S WEB SITE. Standard & Poor's hereby grants you a
non-exclusive, non-transferable, limited license to access and use the Web
Site for the fees, if applicable, and under the terms set forth below. The Web Site and the content, including, but not
limited to, text, data, reports, ratings and other opinions, images, photos,
graphics, graphs, charts, animations and video (the "Content"),
displayed on the Web Site, may be used only for your personal and
non-commercial use. Except as otherwise permitted under these Terms of Use,
you agree not to copy, reproduce, modify, create derivative works from, or
store any Content, in whole or in part, from the Web Site or to display,
perform, publish, distribute, transmit, broadcast or circulate any Content to
anyone, or for any commercial purpose, without the express prior written
consent of Standard & Poor's. The Content is the property of Standard &
Poor's or its licensors, and is protected by copyright and other intellectual
property laws. All trade names, trademarks, service marks and other product
and service names and logos on the Web Site and within the Content are
proprietary to their respective owners and are protected by applicable
trademark and copyright laws. Any of the trademarks, service marks or logos
(collectively, the "Marks") displayed on the Web Site may be
registered or unregistered marks of Standard & Poor's or others. Nothing
contained on this Web Site should be construed as granting any license or
right to use any of the Marks displayed on the Web Site without the express
written permission of Standard & Poor's or a third party owner of such
Marks. Any unauthorized uses of the Marks or any other Content are strictly
prohibited. You may, on an occasional and irregular basis,
reproduce, distribute, display or transmit an insubstantial portion of
Content, for a non-commercial purpose and without charge, to a limited number
of individuals, provided you include all copyright and other proprietary
rights notices with such portion of the Content in the same form in which the
notices appear on the Web Site, the original source attribution, and the
phrase "Used with permission from sandp.com, a web site Standard &
Poor's". However, you may not post any Content from the Web Site to
forums, newsgroups, list serves, mailing lists, electronic bulletin boards,
or other web sites, without the prior written consent of Standard &
Poor's. To request consent for other matters, you may contact Standard &
Poor's at InternetMarketing@standardandpoors.com. You may not use the Web Site for any unlawful
purpose. You shall honor all reasonable requests by Standard & Poor's to
protect Standard & Poor's proprietary interests in the Standard &
Poor's website. 2.
REGISTRATION As part of the registration process, you must
select a member name and password and provide Standard & Poor's with
accurate, complete, and updated information. Failure to do so constitutes a
breach of this Agreement, which may result in immediate termination of your
access. 3.
LIMITATION ON STANDARD & POOR'S WARRANTIES AND LIABILITY You are entirely liable for activities conducted
by you or anyone else in connection with your browsing and use of the Web
Site. If you are dissatisfied with the Content or the Web Site or with these
Terms of Use, your sole and exclusive remedy is to stop using the Content and
the Web Site. Standard & Poor's will not pay you any damages in
connection with your browsing or use of the Web Site. The Web Site includes Standard & Poor's
ratings and other opinions that must be construed solely as statements of
opinion and should not be construed as statements of fact. Standard &
Poor's rating are not "market ratings" nor are they recommendations
to buy, sell or hold any security or obligation issued by any obligor. Standard
& Poor's relies on information provided by obligors, their accountants,
counsel and other experts and does not perform an audit in connection with
any rating. The use of the Standard & Poor's Website by User should not
be construed as an endorsement of the accuracy of any of the data or
conclusions, or as an attempt to independently assess or vouch for the
financial condition of any company. Standard & Poor's receives
compensation for determining ratings. Such compensation is based on the time
and effort to determine the ratings and is normally paid by the entity being
rated. The compensation generally varies from US$10,000 to US$1,500,000.
While Standard & Poor's reserves the right to disseminate the rating, it
receives no payment for doing so except for subscriptions to its
publications. Each rating or other opinion must be considered, if at all, as
only one factor in any investment decision made by you. Due to the number of sources from which the
Content is obtained, and the potential hazards of electronic distribution,
there may be delays, omissions or inaccuracies in such Content and the Web
Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT
ANY WARRANTIES. NEITHER STANDARD & POOR'S NOR THE McGRAW-HILL COMPANIES
MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR
RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE STANDARD & POOR'S
WEBSITE, THE STANDARD & POOR'S WEBSITE'S OWN CONTENT, THE OTHER CONTENT,
NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR
OTHERWISE) THROUGH THE STANDARD & POOR'S WEBSITE. STANDARD & POOR'S
HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF
NONINFRINGEMENT. NEITHER STANDARD & POOR'S NOR THE McGRAW-HILL COMPANIES
SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY,
INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY
DAMAGES RESULTING THEREFROM. IN NO EVENT WILL STANDARD & POOR'S, THE
McGRAW-HILL COMPANIES NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR
ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN
OR UNFORESEEN WITH RESPECT TO ANY USE OF THE STANDARD & POOR'S WEBSITE.
NEITHER STANDARD & POOR'S NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS
WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM
USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE,
CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING,
REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR
OTHERWISE. IN NO EVENT WILL STANDARD & POOR'S, ITS AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. 4.
LINKS TO OTHER WEB SITES. You may, through hypertext or other computer links,
gain access to web sites operated by persons other than Standard &
Poor's. Such hyperlinks are provided for your reference and convenience only,
and are the exclusive responsibility of such web sites' owners. You agree
that Standard & Poor's is not responsible for the content or operation of
such web sites, and that Standard & Poor's shall have no liability to you
or any other person or entity for the use of third party web sites. Except as
described below, a hyperlink from this Web Site to another web site does not
imply or mean that Standard & Poor's endorses the content on that web
site or the operator or operations of that site. You are solely responsible
for determining the extent to which you may use any content at any other web
sites to which you link from Standard & Poor's Web Site. Standard &
Poor's assumes no responsibility for the use of third party software on the
Standard & Poor's site and shall have no liability whatsoever to any
person or entity for the accuracy or completeness of any outcome generated by
such software. 5.
TIMELINESS OF CONTENT The Content displayed on the Web Site, including,
but not limited to, reports and other opinions, are current as of the date
appearing on the report and are subject to change without notice. Unless indicated
otherwise, ratings are updated periodically by Standard & Poor's to
reflect changes in the market and other criteria. Standard & Poor's does
not guarantee or warrant the accuracy, timeliness, or completeness of any
ratings you receive using the Web Site. 6.
THE USER'S CONTENT The User grants to The McGraw-Hill Companies the
non-exclusive right to use all material entered into the Standard &
Poor's Website by the User (other than third-party material transmitted
through private electronic mail) in any of The McGraw-Hill Companies' print
or electronic publications. Users entering material into the Standard &
Poor's Website are responsible for the content of that material. Neither
Standard & Poor's nor The McGraw-Hill Companies has any responsibility
for Other Content, including the content of any messages or information
posted by Users or others, or for the content of information accessible via
direct or indirect hyperlinks from the Standard & Poor's Website.
However, Standard & Poor's retains the right, which it may or may not
exercise in its sole discretion, to review, edit, or delete Other Content
that Standard & Poor's deems to be illegal, offensive, or otherwise
inappropriate. You may not input or distribute any material
through the Standard & Poor's Website that is promotional in nature,
including solicitations for funds or business, without the prior written
authorization of Standard & Poor's. The User agrees to indemnify Standard &
Poor's and The McGraw-Hill Companies from all damages, liabilities, costs,
charges and expenses, including reasonable attorneys' fees, that Standard
& Poor's, The McGraw-Hill Companies, their affiliates, employees, and
authorized representatives may incur as a result of either: (i) the User's
breach of this Agreement; or (ii) material entered into the Standard &
Poor's Website with the use of the User's screen name or password. 7.
ADDITIONAL LEGAL TERMS This Agreement will continue until terminated by
either Standard & Poor's or you. Either party can terminate the Agreement
by notifying the other party by telephone or electronic mail of the decision
to terminate. Standard & Poor's may discontinue or change
the Standard & Poor's Website, or its availability to you, at any time. This Agreement constitutes the entire agreement
between the parties relating to the Standard & Poor's Website and
supersedes any and all other agreements, oral or in writing, with respect to
the Standard & Poor's Website. The failure of Standard & Poor's to
insist upon strict compliance with any term of this Agreement shall not be
construed as a waiver with regard to any subsequent failure to comply with
such term or provision. This Agreement is personal to you, and you may not
assign your rights or obligations to anyone. If any provision in this Agreement
is invalid or unenforceable under applicable law, the remaining provisions
will continue in full force and effect. This Agreement, your rights and
obligations, and all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and New York State, as if the
Agreement was a contract wholly entered into and wholly performed within New
York State. All rights not expressly granted herein are reserved. 8.
ANTI-HACKING PROVISION You may not, nor may you allow others to, directly
or indirectly, attempt or actually disrupt, impair or interfere with, alter
or modify the Web Site or any Content. You may not, nor may you allow others
to, directly, or indirectly, collect or attempt to collect any information
about others, including passwords, account or other information. |