Disclaimers and Limitation of Liability

 

 

 

You acknowledge and agree to the following disclaimers and limitations of liability.

A. THE LICENSED MATERIALS AND GSICOMPASS® ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GSICOMPASS® DISCLAIMS ANY WARRANTY THAT THE LICENSED MATERIALS AND GSICOMPASS® AND ANY RELATED SERVICES PROVIDED WILL BE ACCURATE OR ERROR-FREE, AND DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. IN ADDITION, GSICOMPASS® DISCLAIMS ANY LIABILITY TO YOU FOR THE INFRINGEMENT OF PROPRIETARY RIGHTS IN THE LICENSED MATERIALS OR ANY PORTION THEREOF.

B. GSICOMPASS® WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO SUPPLY ACCURATE, TIMELY INFORMATION YOU ACKNOWLEDGE AND AGREE THAT ERRORS OR MISTAKES MAY OCCUR WITH RESPECT TO THE LICENSED MATERIALS OR GSICOMPASS®. DATA IS BELIEVED TO BE ACCURATE BUT IS NOT GUARANTEED, AND IS SUBJECT TO FUTURE REVISION. NOTHING IN GSICOMPASS® SHOULD BE CONSIDERED INVESTMENT ADVICE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS SHALL NOT BE RELIED UPON IN MAKING INVESTMENT DECISIONS.

C. IN NO EVENT SHALL GSICOMPASS® BE LIABLE TO YOU OR LICENSEE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO USE OF THE GSICOMPASS® DATA SERVICE. THE PARTIES AGREE THAT GSICOMPASS®’S LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE TOTAL SUBSCRIPTION FEES PAID TO GSICOMPASS® BY THE LICENSEE DURING THE CURRENT TERM.

D. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY AND COMPLETENESS OF ALL LICENSED MATERIALS, AND ANY USE OF AND ANY ACTION TAKEN OR NOT TAKEN BASED UPON THE LICENSED MATERIALS SHALL BE AT YOUR SOLE RESPONSIBILITY. YOU ACKNOWLEDGE THAT GSICOMPASS® HAS NO CONTROL OVER OR RESPONSIBILITY FOR YOUR USE OF THE LICENSED MATERIALS AND THAT GSICOMPASS® HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LICENSED MATERIALS MAY BE USED BY YOU.

 

 

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