DJIA Closing Prices, October 29, 1929

Website Terms of Use

 

Welcome!

Please take a moment to carefully read through these Website Terms of Use (“Terms of Use”), which govern the access and use by you (“You”) of the websites (the “GFD Sites”) operated by Global Financial Data, Inc. (“GFD”), including content available on the GFD Sites.

By accessing or using any GFD Site, You are indicating that You have read and understood, and that You assent to be bound by, these Terms of Use. 

If You do not agree to these Terms of Use, then You must not, and You are not authorized to, access or use any of the GFD Sites.

1.             Permitted Users.  To access or use the GFD Sites you must be an Authorized User of a company (the “Customer”) which has executed a License Agreement with GFD (the “Customer License”).  Your use of the GFD Sites is subject to the terms and conditions of the Customer License, in addition to these Terms of Use.  If you have entered into a Customer License with GFD, any conflict in these Terms of Use and the Customer License, the terms and conditions of the Customer License shall prevail and supersede these Terms of Use.

2.             Your Use of the GFD Sites.

(a)           License.  GFD has granted to Customer a non-transferable and non-exclusive license (without the right to sublicense) to: (i) access, use, display and transmit certain software available on the GFD Sites (the “Analysis Software”) via the Internet solely for Customer’s internal business purposes and in accordance with documentation provided by GFD (the “Documentation”), and (ii) to access and use the data (“Data”) in GFD proprietary databases (the “Databases”) via the GFD Sites.  The Data and the Databases may only be used by Customer for Customer’s internal business purposes, including interrogation, analysis, manipulation, recompilation, and report preparation.    

(b)           Distribution.  Customer may, in the ordinary course of its business and on a selective and infrequent basis, redistribute Insignificant Portions of the Databases to its clients who use Data or Databases solely for internal investment purposes and not for re-distribution to third parties (“Qualified Clients”), in the form of reports or presentations that relate to a particular Qualified Client’s portfolio.  “Insignificant Portion”  shall mean such portions of the Databases whose redistribution would not in the circumstances prejudice the exclusive rights or ability of GFD to market, sell or distribute the Data or Databases directly to any clients or potential clients of Customer.  Any such redistribution shall be on terms that clearly and unambiguously cite GFD as the source and owner of the Data contained in such reports or presentations, provide notice of all applicable copyrights and confidentiality obligations, and prohibit any further redistribution.  If GFD notifies Customer that, in the reasonable business judgment of GFD, such redistribution by Customer involves more than an Insignificant Portion of the Data or Databases, Customer must immediately cease any such redistribution. 

(c)           Prohibited Activities. 

(i)            Neither You nor Customer may use any Analysis Software, Documentation, or any Data or Databases (collectively the “Licensed Products”) in any manner that could compete with the business of GFD during or after the expiration of the Customer License.  THE DATA AND DATABASES ARE CONSIDERED CONFIDENTIAL INFORMATION OF GFD SUBJECT TO THE RESTRICTIONS SET FORTH IN THE CUSTOMER LICENSE AND THESE TERMS OF USE.  The Licensed Products are licensed solely for use by the number of Authorized Users set forth in the Customer License.  You and Customer may not, and shall not allow third parties to: (a) access, copy or reproduce any component of the Licensed Products, except as expressly authorized in the Customer License and these Terms of Use; (b) modify or create derivative works of the Licensed Products; (c) reverse engineer, decompile, reverse assemble, or otherwise attempt to derive the source code for any component of the Licensed Products; (d) sublicense, sell, assign, rent, transfer or otherwise grant access to any component of the Licensed Products, or use the Licensed Products for the purpose of acting as an application service provider or commercial host of the Licensed Products; or (e) remove, alter or obscure any copyright and proprietary notices appearing on any component of the Licensed Products.

(ii)           You will not use any GFD Site or Licensed Products for any purpose, or engage in any activity related to the GFD Sites, that: is unlawful, defamatory, or in breach of a fiduciary or contractual duty; is profane, obscene, pornographic or indecent; results in the misappropriation, infringement or violation of the rights of any person or entity (including without limitation any intellectual property, privacy or publicity rights); or is prohibited by these Terms of Use or the Customer License.

(iii)          You will not: interfere or attempt to interfere with the proper working of any GFD Site or any activities conducted on or through any of the GFD Sites; bypass or attempt to bypass robot exclusion headers or other measures GFD may use to prevent or restrict access to any GFD Site; forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any GFD Site or Licensed Product; or attempt to compromise the security of any networked account or website.

(iv)          You will not use any GFD Site to transmit spam, or bulk or unsolicited communications.  You will not pretend to be GFD or another person or entity, or spoof the identity of GFD or another person or entity.  You will not use any GFD Site to engage in abuse, harassment, stalking or making threats of harm.

(v)           You will not collect or store personal information of others obtained through or in connection with any of the GFD Sites.

3.             Supplemental Terms.  Certain portions of the GFD Sites may be subject to additional terms and conditions to which You are required to agree (“Supplemental Terms”).  Such Supplemental Terms, as applicable, are hereby incorporated by reference into these Terms of Use.

4.             Privacy.  For information about GFD’s policy regarding the collection, use and sharing of personal information, please review GFD’s Privacy Policy (the “Privacy Policy”).  The Privacy Policy is incorporated by reference into these Terms of Use, and by accessing or using any of the GFD Sites, You are agreeing to Your information being governed by the then-current Privacy Policy.

5.             Information You Provide.  All information that You provide to GFD (“Your Information”) through or in connection with the GFD Sites is provided on a non-confidential basis.  You represent and warrant that all of Your Information will be complete and accurate at the time You provide it, that GFD will be free to use or disseminate Your Information on an unrestricted basis for any purpose (except that GFD will only use Your personal information as permitted by GFD’s Privacy Policy), and that You are authorized to provide Your Information to GFD for such purposes.  You agree to not misrepresent Your affiliation with any person or entity.

6.             Non-GFD Websites and Third Party Tools.  A GFD Site may link to or reference other websites or Internet services operated by other persons or entities (“Non-GFD Websites”).  Furthermore, certain third party products or services (“Non-GFD Tools”), including by way of example only, browser plug-ins, applets, and social networking tools, may be linked to, or made available through, an GFD Site.  You should not infer or assume that GFD operates, controls or is otherwise connected with any Non-GFD Websites or Non-GFD Tools.  Your access and use of Non-GFD Websites and Non-GFD Tools will be governed by the applicable third party terms and privacy statements (if any), and will be at Your own risk.  When You click on a link within one of the GFD Sites to a Non-GFD Websites, You will not necessarily be warned that You are leaving the GFD Site.  Similarly, when You download or run a Non-GFD Tool, You will not necessarily be warned that the Non-GFD Tool is not being provided by, or under the control of, GFD.

7.             Notice and Procedure for Claims of Copyright Infringement.  If You believe that any material provided on or through an GFD Site, including with limitation any Site Content, infringes Your copyrights, You should notify GFD (the “Copyright Notice”) of Your infringement claim with the following information:

·      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·      A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

·      Identification of the URL or other specific location on the GFD Sites where the material that You claim is infringing is located;

·      Your address, telephone number and email address;

·      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 the law; and

·      A statement by You, made under penalty of perjury, that the above information in Your Copyright Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Your Copyright Notice should be mailed to GFD’s copyright agent at:

Global Financial Data, Inc.
Attn: Legal Department
29122 Rancho Viejo Road, Suite 215
San Juan Capistrano, California, U.S.A. 92675

GFD will process each Copyright Notice that GFD receives and take appropriate action in accordance with applicable intellectual property laws. 

8.             Proprietary Rights.  All worldwide right, title and interest, including, without limitation, all patents, copyrights, trademarks, trade names, goodwill, trade secrets, contract and licensing rights, and all other intellectual and proprietary rights of any kind as may exist now or hereafter come into existence (“Intellectual Property Rights”) in and to the Licensed Products, and any and all updates, upgrades, new versions and modifications thereto, shall remain in GFD, and neither You nor Customer shall have any interest therein, except as expressly provided in these Terms of Use or the Customer License.  To the extent that You or Customer suggest or make any improvements, modifications or changes (“Improvements”) to the Licensed Products, You and Customer hereby assign all right, title and interest, including Intellectual Property Rights, in and to such Improvements to GFD.  You and Customer agree to provide such as assistance as GFD may reasonably request, at GFD’s expense, to document, perfect and enforce GFD’s interest in any Improvements.

9.             Confidentiality.

(a)           Confidential Information.  During the term of the Customer License, You and Customer will be exposed to certain confidential and proprietary information of GFD (“Confidential Information”).  Confidential Information includes the Licensed Products, the Data and Databases, and all information disclosed by GFD to Customer that is labeled as proprietary or confidential, or which under the circumstances surrounding its disclosure can reasonably be deemed to be Confidential Information, including, without limitation, the terms and conditions of the Customer License Agreement, the Data and Databases, the design of the Licensed Products, all processes, trade secrets, source code and other information related to the Licensed Products, and any and all other proprietary information and trade secrets.  All Confidential Information shall remain the property of GFD, and You and Customer shall acquire no interest therein, except as expressly provided under these Terms of Use or the Customer License.

(b)           Non-Use and Non-Disclosure.  Except as expressly allowed under the Customer License or these Terms of Use, You and Customer shall not in any way disclose or disseminate Confidential Information to any third party, and shall only use Confidential Information to the extent necessary to use the Licensed Products in accordance with the terms and conditions of the Customer License and these Terms of Use. You and Customer will treat all Confidential Information with the same degree of care as it and You accord your own confidential information, but in no case less than reasonable care.  Customer will disclose Confidential Information only to those of its employees and contractors who need to know such information and who have entered into written confidentiality agreements with Customer which protect the Confidential Information. 

(c)           Injunctive Relief.  You and Customer acknowledge that money damages would not be a sufficient remedy for any breach of Your and Customer’s confidentiality obligations, and that GFD shall be entitled to specific performance and injunctive relief as remedies for any such breach.  Such remedies will not be deemed to be the exclusive remedies, but will be in addition to all other available legal or equitable remedies.

10.          Passwords.  GFD will issue Customer user names and passwords through which Customer may access, and enable Authorized Users to access, the Licensed Products. Customer is be responsible for all activities occurring under such passwords and shall not distribute passwords to unauthorized third parties. Customer shall provide the passwords only to Authorized Users who have a legitimate need for access to the Licensed Products and who have agreed to these Terms of Use.  Customer shall be solely responsible for controlling and monitoring use of the passwords and shall immediately notify GFD of any unauthorized disclosure or use of the passwords or access to the Licensed Products or of the need to deactivate any passwords.  Passwords are subject to cancellation or suspension by GFD upon the misuse of any passwords by Customer or any Authorized User.  You agree not to share your password with any other person or entity, and to promptly notify Customer if You believe that a third party may have gained access to Your password.

11.          Warranty; Disclaimers.

(a)           Warranty.  GFD warrants to Customer that the Licensed Products shall conform in all material respects to the Documentation.  The sole obligation of GFD, and sole remedy of Customer, with respect to any breach of such warranty shall be for GFD to use commercially reasonable efforts to correct material defects following prompt written notice from Customer.  GFD makes no warranty to You, and Your sole recourse regarding any defect in the Licensed Products shall be through Customer in accordance with its rights under the Customer License.

(b)           Warranty Disclaimer.  EXCEPT AS EXPRESSLY PROVIDED HEREIN , THE LICENSED PRODUCTS ARE PROVIDED “AS-IS” AND GFD MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OPERATES ERROR-FREE AND THAT GFD DOES NOT WARRANT THAT THE LICENSED PRODUCTS AND ALL OTHER COMPONENTS OF THE LICENSED PRODUCTS WILL OPERATE WITHOUT ERROR AND INTERRUPTIONS.

(c)           Disclaimer Regarding Internet and Wireless Services.  THE FLOW OF DATA TO AND FROM THE LICENSED PRODUCTS VIA THE INTERNET AND WIRELESS BANDWIDTH IS CONTROLLED BY THIRD PARTY SERVICE PROVIDERS OVER WHOM GFD HAS NO CONTROL.  GFD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS IN CUSTOMER’S AND AUTHORIZED USERS’ ACCESS TO THE LICENSED PRODUCTS DUE TO DISRUPTIONS IN CUSTOMER’S INTERNET OR WIRELESS SERVICES.

12.          Limitation of Liability.  IN NO EVENT WILL GFD BE LIABLE TO CUSTOMER, YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU OR CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATED TO THE CUSTOMER LICENSE, TERMS OF USE, OR THE USE OF, OR INABILITY TO USE THE LICENSED PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY, OR WHETHER GFD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL GFD’S TOTAL, AGGREGATE LIABILITY FOR DAMAGES UNDER THE CUSTOMER LICENSE OR THESE TERMS OF USE EXCEED AN AMOUNT EQUAL TO THE TOTAL LICENSE FEES PAID BY CUSTOMER TO GFD UNDER THE CUSTOMER LICENSE. 

13.          Termination.  Upon termination of the Customer License your right to use the GFD Websites and the Licensed Products shall terminate, and You shall immediately cease all such use.

14.          Discontinuation.  GFD reserves the right to suspend or discontinue (including without limitation through technical means) Your individual access to or use of any GFD Site at any time, without notice, if GFD determines in its sole discretion that You have breached these Terms of Use, violated any law or engaged in any inappropriate conduct, or if Your use of a GFD Site places an unacceptable burden on GFD’s information technology infrastructure, or creates problems or possible liabilities for GFD.  GFD will not be liable to You or Customer for any such suspension or discontinuation.

15.          Changes to these Terms of Use.  GFD may change these Terms of Use at any time upon notice to You and/or Customer, and such change will automatically be effective upon such notice and the posting of the new Terms of Use at the applicable GFD Sites.  Any access or use of a GFD Site by You after such notice and posting will indicate Your assent to the new Terms of Use.  Otherwise, no modification of these Terms of Use or the Customer License will be valid unless both Customer and GFD agree to such modification in a signed, written document.

16.          Governing Law.  The validity, construction, interpretation, and performance of the Customer License and these Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of California, except as to its principals of conflicts of laws.  You, Customer and GFD hereto hereby (a) submit to the exclusive jurisdiction of any state or federal court sitting in Los Angeles County, California for the purpose of any suit or action arising out of or relating to these Terms of Use or the Customer License brought by any party, and (b) irrevocably waive, and agree not to assert by way of motion, defense, or otherwise, in any such action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the action is brought in an inconvenient forum, that the venue of the Action is improper, or that these Terms of Use or the Customer License may not be enforced in or by any of the above-named courts. 

1-877-DATA-999 or e-mail sales@globalfinancialdata.com
(Outside of the US, call +1 949-542-4200)

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