PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE FOR THIS WEB SITE ("TERMS") BEFORE USING THIS SITE. By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS. YellowJacket Software, Inc. ("YJS") reserves the right to amend, remove, or add to the Terms at any time. Such modifications will be effective immediately. Please continue to review the Terms whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the Terms will constitute YOUR ACCEPTANCE OF THE TERMS, as modified. If, at any time, you do not wish to accept the Terms, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms are expressly rejected by YJS and shall be of no force or effect.
1. User Consent to the Terms. You represent that you have read and agree to be bound by the Terms.
2. Intellectual Property. All of the contents of this Web site ("Content") are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Content. You acknowledge that the Content has been developed, prepared, revised, and compiled by YJS and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of YJS and such others. You agree to protect the proprietary rights of YJS and all others having rights in the Content during and after the term of this agreement and to comply with all reasonable written requests made by YJS or its suppliers of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Content. You agree to notify YJS in writing promptly upon becoming aware of any unauthorized access or use of the Content by any individual or entity or of any claim that the Content infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Content (the "Intellectual Property Rights") shall, as between you and YJS, at all times be and remain the sole and exclusive property of YJS. All present and future rights in and title to the Content (including the right to exploit the Content and any portions of the Content over any present or future technology) are reserved to YJS for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Content or any portion thereof. You shall not use YJS's Intellectual Property Rights or the Content, or the names of any individual participant in, or contributor to, the Content, or any variations or derivatives thereof, for any purpose, without YJS's prior written approval unless provided in these Terms.
3. Restrictions on Use. YOU MAY NOT USE THE CONTENT FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TERMS. YOU AGREE TO USE THE CONTENT SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE CONTENT IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF YJS OR ANY OF ITS SUPPLIERS. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OFFER FOR SALE, OR IN ANY WAY EXPLOIT ANY PART OF THE CONTENT, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE CONTENT AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. SUCH DOWNLOAD TRANSFERS NO OTHER RIGHTS TO YOU. MODIFICATION OF THE CONTENT WOULD BE A VIOLATION OF YJS? COPYRIGHT AND OTHER PROPRIETARY RIGHTS. THE CONTENT AND THE INFORMATION CONTAINED IN IT MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE CONTENT BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE CONTENT. YOU MAY NOT USE THE CONTENT IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF YJS TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, ARE USED WITH YJS? CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE CONTENT OR THE INFORMATION CONTAINED IN IT IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF YJS' TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE CONTENT.
4. License. (i) You acquire absolutely no rights or licenses in or to the Content and materials contained within it other than the limited right to utilize the Content in accordance with the Terms.
5. Fees and Payments. YJS reserves the right at any time to charge fees for access to portions of the Content or the Content as a whole. If at any time YJS requires a fee for portions of the Content or the Content as a whole, YJS will require you to register and create an account. You shall pay all fees and charges (including any taxes) incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Content by YJS or by any other vendor or service provider.
6. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to certain portions of the Content you may be required to select a username and a password. If so, you will provide YJS with certain registration information, all of which must be accurate, truthful, and updated. You must not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that YJS, in its sole discretion, deems offensive or inappropriate. YJS reserves the right to deny creation of your account based on YJS's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify YJS of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your YJS account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Content is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Content. YJS reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by notifying YJS through support@yjenergy.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, YJS reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Content at any time and certify that you currently have no other account(s) with the Content.
7. Disclaimer and Limitation of Liability. (i) YOU AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE CONTENT AND ANYTHING CONTAINED WITHIN IT, INCLUDING, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT YJS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) YJS does not warrant that the Content is compatible with your equipment or that the Content, or e-mail sent by YJS or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. The content of other Web sites, services, goods, or advertisements that may be linked to the Content is not maintained or controlled by YJS. YJS is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Content. YJS does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Content; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Content; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Content. YJS is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Content. You understand that YJS and/or third-party contributors to the Content may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
(iii) You acknowledge that: (a) the Content is provided for information purposes only and is not intended for trading purposes; (b) the Content may include certain information taken from stock exchanges and other sources from around the world; (c) YJS does not guarantee the sequence, accuracy, completeness, or timeliness of the Content; (d) the provision of certain parts of the Content is subject to the terms and conditions of other agreements to which YJS is a party; (e) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by YJS to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (f) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, YJS, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Content including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Content; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL YJS AND ITS RESPECTIVE AFFILIATES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, GENERAL PARTNER, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF YJS HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE CONTENT OR ANY LINKS OR ITEMS ON THE CONTENT OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL YJS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
8. Your Authority to Agree to the Terms. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
9. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless YJS, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's and expert's fees, arising out of or in connection with the Content, or any links on the Content, including, but not limited to: (i) your use or someone using your computer's use of the Content; (ii) your use or someone using your account, where applicable; (iii) a violation of the Terms by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Content by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Content by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. YJS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with YJS in asserting any available defense. You acknowledge and agree to pay YJS's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by YJS under the Terms and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify YJS pursuant to the Terms.
10. Termination. (a) You may terminate the Terms, with or without cause and at any time, by discontinuing your use of the Content and destroying all materials obtained from the Content. (b) You agree that YJS, without notice, may terminate the Terms, or suspend your access to the Content, with or without cause at any time and effective immediately. The Terms will terminate immediately without notice from YJS if you, in YJS's sole discretion, fail to comply with any provision of the Terms. (c) YJS shall not be liable to you or any third party for the termination or suspension of the Content, or any claims related to the termination or suspension of the Content. Upon termination of the Terms by you or YJS, you must discontinue your use of the Content and destroy promptly all materials obtained from the Content and any copies thereof.
11. Governing Law. The Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Content or from a dispute as to the interpretation or breach of the Terms.
12. United States' Export Control & Foreign Asset Control Regulations. YJS does not represent that materials in the Content are appropriate or available for use in any particular location. Those who choose to access the Content do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Content is subject to United States export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List (together referred to as "U.S. Prohibited Party Lists"). By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to a U.S. trade embargo, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
13. Miscellaneous. You accept that YJS has the right to change the content or technical specifications of any aspect of the Content at any time at YJS's sole discretion. You further accept that such changes may result in your being unable to access the Content. The failure of YJS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Sections 2 through 9, 10(c), and 11 through 17 shall survive any termination of the Terms.
14. Headings. The section titles in the Terms are used solely for the convenience of you and YJS and have no legal or contractual significance.
15. Severability. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.
16. Entire Agreement. The Terms and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and YJS and govern your use of the Content.
B.
LINKING AND FRAMING TERMS AND CONDITIONS
YOU MAY NOT LINK TO OR FRAME THIS WEB SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN.
1. Intellectual Property.
Upon linking to this Web site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the YellowJacket mark solely for providing an underlined, textual link from your Web site to YJEnergy.com. No other use of YJS's marks, name or logos is permitted without express written permission from YJS.
2. Restrictions on Linking to this Web Site. Without limiting other provisions contained in our Terms, you may include a link(s) on your Web site to YJEnergy.com publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to YJEnergy.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
3. Restrictions on Other Linking and Framing Activities.
YJS is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, YJS is concerned with activities such as bringing up or presenting content of this Web site within another Web site ("framing"). In this regard, without limiting the provisions contained in our Terms, you may not frame any Web page from YJEnergy.com, except with our express written permission. Further, you will not archive, cache, or mirror any YJEnergy.com Web page or portions of a Web page. If you would like to use, reprint or redistribute any of YJEnergy.com content other than as permitted herein, you must request permission from YJS by writing to support@yjenergy.com. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.
