Last revised: August 23, 2012
1. Use of Web Site Content.
2. Proprietary Rights.
3. Restricted Areas, Passwords and Security.
Certain areas of the Web Site may be accessed and used only by clients to whom Black Swan Analysis Limited has issued passwords (“Restricted Areas”). You are not authorized to access or use Restricted Areas unless you have received a password from us, or from your employer in accordance with its license agreement with us. You may not share your password or access to the Web Site and you may not use another person’s password to access the Web Site.
4. Unlawful and Other Prohibited Uses of the Web Site.
5. Copyright Complaints
Black Swan Analysis Limited respects the intellectual property rights of others, and we prohibit users of our Web Sites and services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Content hosted on third party Web sites is the responsibility of those Web sites, and not of Black Swan Analysis Limited. If you are the copyright owner of Content hosted on a third party Web site, and you have not authorized the use of your Content, please contact the administrator of the hosting Web site directly to have the Content removed.
6. Termination of Use.
You agree that we may, in our sole discretion, terminate your access to the Web Site. We may monitor all access to and activity on the Web Site.
7. Disclaimer of Warranties. Except where expressly provided otherwise, the Web Site and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Web Site or the Content. We do not warrant that the Web Site will operate without error or interruption or that it is secure.
8. Limitations of Liability and Remedies.
(a) Your use of the Web Site and the Content is at your own discretion and risk. If you are dissatisfied with the Web Site or the Content, your exclusive remedy is to stop using the Web Site and the Content.
(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits, revenue or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Web Site, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party) arising out of or in connection with the Web Site or the Content, even if we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages.
(d) Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
10. Consumer Cancellation, Refund and Termination Rights.
If you have not accessed the website through the client portal in any way then you may within seven days of the start of your contract with us request a full refund and termination of these Terms. However, once you have accessed the database or have begun downloading the information, then you may not cancel your contract and any fees paid will not be refunded. To cancel your contract, you must inform us in writing. This provision does not affect your other statutory rights as a consumer. You may at any time terminate your contract with us by giving us notice in writing, which will take effect at the end of the current billing period. Notices given less than seven days before the end of your current billing period will be deemed to take effect at the end of the next billing period. Termination of this contract however will not entitle you to a refund of any fees paid in advance and your service credits/availability are not transferrable to anyone else.
11. Links to Other Sites.
The Web Site may contain links to third-party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk.
12. Applicable Law and Jurisdiction.