Spitzerdata.com Terms of Service
The following Terms of Use (as amended from time to time, these “Terms”) constitute a binding agreement between you and CTFN (“CTFN,” “we,” or “us”), and govern your access to and use of the Spitzerdata.com and all associated online content and services managed by CTFN (the “Services”).
By subscribing to or using the Services, you acknowledge that you have read and agree to these Terms and our Privacy Policy, which is hereby incorporated to these Terms. To the extent there is a conflict between these Terms and any other agreement, excluding the Subscriber Agreement, these Terms will govern with respect to your use of the Services. For the avoidance of doubt, to the extent there is a conflict between these Terms and the Subscriber Agreement, the Subscriber Agreement governs.
A Acceptance and Application
By clicking “Agree” at the bottom of these Terms, you (1) accept and agree to these Terms and (2) any additional terms, rules and conditions of participation issued from time to time. If you do not agree to the Terms, then you may not access or use the Services. By clicking “Agree” and using the Services, you indicate your acceptance of these Terms. If you do not agree to these Terms, you may not use the Services. We reserve the right to revise these Terms at any time. We will notify you about such changes in compliance with applicable law, and the most current version of these Terms will be posted on Spitzerdata.com with the “Last Revised” date at the top of the Terms changed. Any changes or modifications will be effective immediately upon posting the revisions to Spitzerdata.com, and you are responsible for reviewing and becoming familiar with the current Terms. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use the Services, you must stop using the Services.
For the avoidance of doubt, these Terms apply to all Spitzerdata.com users, regardless of whether you have a paid subscription or are currently accessing the Services without any paid or trial account. You also acknowledge that these Terms apply to any temporary access passes (including a free trial subscription) granted for use of the Services just the same as for fully paid subscriptions.
If you have any questions or concerns about the Services or these Terms, please contact us using the contact information in the Contact Us section below.
Any content appearing on the Services is for information purposes only and should not be construed as legal, financial, accounting, investment, tax, or other professional advice or as an offer to buy or sell any securities. We do not advise any person as to the advisability of investing in, purchasing or selling securities or other financial products or the suitability of any investment manager.
You acknowledge that you are knowledgeable and sophisticated in the area of investing, trading, market trends and business analysis.
You should consult with a financial advisor and legal and tax professionals to assist in conducting due diligence as may be appropriate prior to making any investment decision or hiring any investment manager.
Nothing in the Services constitutes an offer or solicitation of an offer to buy or sell any securities.
B User Registration
In order to access and use certain content, features, or functionality of the Services, we may require that you register, create a unique username and password combination (“User Credentials”), and provide certain additional information, which may include, without limitation, your email address, legal name, country of residence, zip code, etc., (collectively, a “User Account”). Each User Account can only be used by one user. All registration and account information you submit must be truthful and accurate, and you shall maintain and promptly update the accuracy of such information.
You are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. Do not share your User Credentials with anyone. CTFN is not responsible for any lost or misused User Credentials or for any unauthorized access.
It is your sole responsibility to: (a) control the dissemination and use of your User Credentials and User Account: (b) update, maintain and control access to your User Credentials and User Account; and (c) cancel your User Account when you are no longer active on the Services. We reserve the right to deny access, use, and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. CTFN shall not be responsible or liable for any loss or damage arising from your failure to comply with these Terms.
C User Representations
As a condition of your access to and use of the Services, you hereby represent and warrant that:
you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms;
you are over eighteen years of age and of legal age to form a binding contract with us;
you will pay all service, telephone, data charges and/or other fees and costs associated with your use of the Services;
you will be responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that CTFN is not liable for your compliance with such laws;
you have not and will not provide false information or impersonate another person—real or fictional—in your use of the Services;
you will only use your own User Credentials, email address, password, mobile phone number, and other information to access any secured Services;
you will not use the Services without authorization and will not assist anyone in gaining unauthorized access to the Services, including but not limited to any servers or accounts to which such person is not authorized to access;
you will attempt to access only the Services to which you have been authorized to access, and you will not log into any servers or accounts which you are not authorized to access; and
you will immediately notify us if you are aware of any known or suspected unauthorized use of your User Credentials or User Account, or any other breach of security.
By using the Services, you agree not to do any of the following:
you may not reproduce, redistribute, disseminate, publish, or display content from the Services, in whole or in part, to any third parties without our prior written permission, except as may be required by law;
you may not make use of any CTFN trademarks or service marks contained on Spitzerdata.com without our express written consent, which may be withheld in our sole discretion;
you may not upload or transmit any communications or content of any kind that infringes or violates any rights of any party, including but not limited to, intellectual property, privacy and/or publicity rights;
you may not use the Services for any purpose in violation of local, state, federal, or international laws or regulations;
you may not use the Services to distribute advertising or other unsolicited material;
you may not forge any TCP/IP packet header or any part of the header information in any email or other posting related to your use of Spitzerdata.com or the Services;
you may not use any scraper, spider, bot, or other automated means to access the Services;
you may not harvest or otherwise collect information from Spitzerdata.com about others, including without limitation email addresses, without proper consent;
you may not take any action that restricts or inhibits any other user from use and enjoyment of the Services, including, but not limited to, by means of hacking, overloading, “flooding,” “mailbombing,” “crashing,” submitting a virus to, damaging, disabling, defacing, or otherwise altering or impairing the Services;
you may not defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others;
you may not incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
you may not probe, scan, or test the vulnerability of a system or network associated with the Services;
you may not remove any copyright, trademark, or other proprietary rights notice from the Services;
you may not take any action that operates to defraud CTFN, other Spitzerdata.com users, or any other person;
you may not engage in any other activity that CTFN, in its full discretion, deems improper or abusive.
We reserve the right, but shall not be required, to monitor, edit, record, or remove any activity or content from the Services without notice for any reason or no reason and without your permission.
Violation of our Terms may result in civil or criminal liability in addition to the termination of your access rights. We may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Services, or your access to or use thereof, at any time, without notice for any reason or no reason and without your permission, including in cases where we suspect there has been abuse and/or violation of these Terms.
The provisions of these Terms survive any termination of your access rights.
D Ownership and Authorized Use
All title, ownership, and intellectual property rights in and to the Services owned by CTFN, our suppliers, or licensors and is protected by U.S. and international intellectual property laws. We authorize you to access and view Spitzerdata.com content, for which you have paid all required fees, on up to three computers or other internet compatible devices, solely for your personal and educational use.
You acknowledge and agree that Spitzerdata.com contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as we may expressly authorize, you may not copy, modify, rent, lease, loan, sell, distribute, display, decompile, disassemble, decrypt, extract, or otherwise reverse engineer or create derivative works based on any part of our content.
We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
E Third Party Content
Users of the Services (whether you or others) may link content or use the Services to import text, emails, or other materials (“User Content"). Your User Content stays yours. CTFN will not view, process, or use User Content except as necessary for the limited rights that enable us to provide, improve, promote and protect the Services as described in these Terms.
You agree that we do not endorse and that we are not responsible for any User Content or other third party content appearing on the Services and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, or obscene or that violates any local, state, federal, or international law or regulation or any rights of another individual or entity. You also agree that we are not responsible for the content of any other websites linked to Spitzerdata.com and that the inclusion of any link to such third-party websites does not imply our endorsement of such websites. Your linking to any off-site pages or other websites is at your own risk. In addition, your use of third-party websites will be subject to any terms of service and privacy policies of those third-party websites.
F Linking to Spitzerdata.com
You agree not to link directly to any page, image, graphic, text or other content on Spitzerdata.com, such as using an “in-line” linking method to cause the image, graphic, text or other content to be displayed on another website, unless expressly permitted by us in writing. You agree not to link from any other website to Spitzerdata.com in any manner such that Spitzerdata.com, or any page related to the Services, is “framed,” surrounded or obfuscated by any third-party content, materials, advertising, or branding. We may require that any link to Spitzerdata.com be discontinued, and/or revoke your right and ability to link to Spitzerdata.com from any other website at any time.
G Location of Your Access to Spitzerdata.com
We control and operate Spitzerdata.com from our offices in the United States of America and any access or use of the Services by you will be deemed to be at our offices in the United States. We do not represent that the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable. Spitzerdata.com is not directed to any person in any jurisdiction where publication or availability of the Services is prohibited, by reason of that person’s nationality, residence, or otherwise. Persons subject to these restrictions must not access the Services.
H Electronic Communications
You consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
I Disclaimers and Limitations on Liability
SPITZERDATA.COM IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES.
ANY FORWARD-LOOKING STATEMENTS PRESENTED WITHIN THE SERVICES ARE INHERENTLY UNCERTAIN AND CANNOT BE RELIED UPON. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED IN SUCH FORWARD-LOOKING STATEMENTS.
WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES AND SUCH INFORMATION IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT, REGARDING ANY CONTENT CONTAINED ON SPITZERDATA.COM WE ASSUME NO RESPONSIBILITY FOR ANY DELETION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY INFORMATION PROVIDED BY YOU.
WE ASSUME NO RESPONSIBILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY WIRELESS OR WIRED TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER, RELATED TO OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OF THE SERVICES OR THE LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE ON THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED HEREIN OR APPLICABLE PROVISIONS OF LAW OR EQUITY OR OTHERWISE, YOU AGREE THAT NEITHER CTFN NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OTHER REPRESENTATIVES, OR SERVICE PROVIDERS HAVE ANY FIDUCIARY DUTIES TO YOU AS THE END USER OF THE SERVICES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, INCLUDING LOST REVENUES, LOST PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA OR INFORMATION, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SERVICES.
J Release and Indemnification
You agree that neither CTFN nor any of our employees, directors, officers, agents, other representatives, or service providers shall have any liability to you for claims related to your use of the Services, and you hereby release us and our employees, directors, officers, agents, other representatives, and service providers from any and all such claims. While we endeavor to keep your information secure and confidential, you acknowledge that certain security and privacy risks are inherent in your use of Spitzerdata.com, the Services, and the Internet generally; including, but not limited to, the potential that any data or information transferred via the Services may be subject to security breaches.
You agree to indemnify and hold harmless CTFN and each of our employees, directors, officers, agents, or other representatives, and any service providers we engage to perform services in respect of these Terms from and against any and all costs, claims, actions, proceedings, losses, demands, or liabilities (including reasonable legal fees and expenses and amounts paid in settlement) arising out of or relating to: (a) your material breach of any representation, warranty or covenant under these Terms; (b) your reliance on any of the content provided on Spitzerdata.com; or (c) your use of the Services (e.g., security breaches in respect thereof).
K Security
You acknowledge that the Services may be subject to flaws and acknowledge that you are solely responsible for the security of your information and computer system, including without limitation, using and maintaining appropriate anti-virus, firewall and backup software. CTFN disclaims any responsibility or liability for any problem with your computer systems related to your use of the Services.
L Accuracy
Although we endeavor to provide accurate and timely information, the information found on the Services may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by any entity. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to Spitzerdata.com or available via the Services.
M No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
N Copyright Infringement Notice and Procedure
If you believe any material on Spitzerdata.com infringes upon any copyright which you own or control, or that any link on Spitzerdata.com directs users to another website that contains material that infringes upon any copyright which you own or control, please email us at [email protected].
Notifications should include the following information:
Identification of material you claim to be infringed.
Identification of material you claim to be infringing (including location on Spitzerdata.com).
Your contact information.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
A statement that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
A physical or electronic signature of the copyright owner or person authorized to act on the copyright owner’s behalf.
As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. Any claims that material on Spitzerdata.com is defamatory or abusive towards you may be directed to the same contact. If your content was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law, or that you have the permission of the copyright owner to exploit your content, you may send a counter-notice to the same contact information above.
O Governing Law and Statute of Limitations
These Terms shall be governed by and construed in accordance with the laws of Connecticut, USA, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Services shall be brought exclusively in a state or federal court located in Fairfield County, Connecticut, and you submit to the exclusive personal jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
P Assignment
We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party.
Q Waiver and Severability
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, the remaining provisions of the Terms shall remain in full force and effect.
R Contact Us
We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy and Cookies Policy to describe our privacy policies and practices, how we collect, use, and disclose personal information and how we use cookies. By accessing or using the Services, you are consenting to your personal information being collected, processed, used, and shared, and our use of cookies, as provided in our Privacy Policy.
If you have any questions about these Terms or CTFN’s privacy practices, contact us at [email protected].