Dillon Gage User Agreement
The DILLON GAGE network of Web Sites and related Internet media properties (the “Site”) is an On-Line, Real-Time, Trading System provided by DILLON GAGE INC. OF DALLAS, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DILLON GAGE INC. OF DALLAS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Agreement with and Responsibilities of Each User.
Subject to the terms and conditions of this User Agreement, DILLON GAGE INC. OF DALLAS grants to each user of the Site, a non-exclusive right to use the Site.
2. Copyright and Licenses.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are DILLON GAGE INC. OF DALLAS, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
DILLON GAGE, DILLON GAGE INC. OF DALLAS, and/or any other names of DILLON GAGE INC. OF DALLAS or of its Web sites or its Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of DILLON GAGE INC. OF DALLAS, including the “look” and “feel” of the Site, DILLON GAGE INC. OF DALLAS’s color combinations, layout, and all other graphical elements. Any use of DILLON GAGE INC. OF DALLAS’s trademarks is strictly prohibited without the express permission from DILLON GAGE INC. OF DALLAS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
4. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by DILLON GAGE INC. OF DALLAS, DILLON GAGE INC. OF DALLAS does not operate, control or endorse any information, products or services on the Internet in any way.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable that may invade another’s right of privacy or publicity;
b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
c) Post or transmit any Material that contains a virus or corrupted data;
d) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or commercial notices;
e) Violate any applicable local, state, national or international law;
f) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) Delete or revise any Material posted by any other person or entity;
h) Manipulate or otherwise display the Site by using framing or similar navigational technology;
i) Collect or store personal data on other users; or
j) Duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site or access to the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DILLON GAGE INC. OF DALLAS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DILLON GAGE INC. OF DALLAS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
LIMITATION OF LIABILITY
IN NO EVENT WILL DILLON GAGE INC. OF DALLAS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DILLON GAGE INC. OF DALLAS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DILLON GAGE INC. OF DALLAS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Without limiting any of the foregoing, in no event will DILLON GAGE INC. OF DALLAS be liable for any consequential, special punitive, incidental, indirect or similar damages arising from, related to or connected with your access and use of this Site and the information and materials thereon, even if notified or advised of the possibility of such damages.
5. Investment Advice – No Offer or Recommendation.
This Site and the information and materials on this Site are not, and should not be construed as, an offer to buy or sell, or as a solicitation of an offer to buy or sell, any regulated products securities or investments. This Site does not, and should not be construed as acting to sponsor, advocate, endorse or promote any regulated products, securities or investments. This Site and the information and materials on this Site do not, and shall not be construed as, making any recommendation or providing any investment or other advice with respect of the purchase, sale or other disposition of any regulated products, securities or investments, including, without limitation, that any particular transaction is appropriate or suitable for any investment objection or financial situation of any prospective investor. A decision to invest in any regulated products. securities or investments should not be made in reliance on any of the information or materials of this Site. Before making any investment decision, prospective investors should seek advise form their financial, legal, tax and accounting advisors, take into account their individual financial needs and circumstances and carefully consider the risks associated with such financial decision.
6. General Practices Regarding Use and Storage.
You acknowledge that DILLON GAGE INC. OF DALLAS may establish general practices and limits concerning use of the Site and that DILLON GAGE INC. OF DALLAS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree to indemnify, defend and hold harmless DILLON GAGE INC. OF DALLAS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
8. Third Party Rights.
The provisions of Paragraphs 4 (“Use of the Site”), 6 (“General Practices Regarding Use and Storage”) and 7 (“Indemnification”) are for the benefit of DILLON GAGE INC. OF DALLAS and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9. Term; Termination.
DILLON GAGE INC. OF DALLAS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that DILLON GAGE INC. OF DALLAS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of Paragraphs 2 (“Copyright, Licenses and Idea Submissions”), 4 (“Use of the Site”), 7 (“Indemnification”), 8 (“Third Party Rights”), 10 (“Links”) and 12 (“Miscellaneous”) shall survive any termination of this Agreement.
The Site may provide, or third parties may provide, links to non-DILLON GAGE INC. OF DALLAS Internet World Wide Web sites or resources. Because DILLON GAGE INC. OF DALLAS has no control over such sites and resources, you acknowledge and agree that DILLON GAGE INC. OF DALLAS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DILLON GAGE INC. OF DALLAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement shall all be governed and construed in accordance, with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between DILLON GAGE INC. OF DALLAS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Dallas County, Texas.
Although the information and materials on this Site were obtained or compiled from sources DILLON GAGE INC. OF DALLAS believes to be reliable, DILLON GAGE INC. OF DALLAS does not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability, timeliness or completeness of such information or materials in general or in connection with any particular use or purpose. DILLON GAGE INC. OF DALLAS does not represent or endorse the accuracy or reliability of any third party advise, opinion, statement, information or materials on or accessible through this Site.
The information and materials on this Site are not directed to and may not be used by any person or entity in any jurisdiction where the direction or use of such information and materials is prohibited or would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization.
DILLON GAGE INC. OF DALLAS’S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DILLON GAGE INC. OF DALLAS may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
13. Account Agreement.
In order to use the Site and to place orders, the user must have a valid account agreement with DILLON GAGE INC. OF DALLAS. Any transactions by or between the user and DILLON GAGE INC. OF DALLAS or for the benefit of the user shall be governed only by the terms and conditions of such account agreement. In the event of any conflicts between this User Agreement and such account agreement, the terms and conditions of such account agreement shall be controlling. DILLON GAGE INC. OF DALLAS reserves the right to reject any order placed by a user in its sole discretion.
DILLON GAGE INC. OF DALLAS
All Rights Reserved.