TERMS AND TERMINATION
Registering for the Service implies a subscription with the option of being billed monthly (every 30 days), quarterly (every 90 days), semi-annually (every 180 days), or annually (every 360 days). All non-trial subscriptions purchased are automatically renewed at the end of the subscription term. Your subscription will continue until terminated by O'NEIL or until you notify O'NEIL, in writing, of your decision to terminate your subscription. O'NEIL may terminate, or change the Service, or the availability of the Service to you, at any time, and you may always terminate your subscription at any time. Such termination shall be effective immediately upon notice of termination to the other party. However, subscribers are obligated to pay the entire monthly fee for the month of cancellation regardless of when the termination was initiated during the month. Any subsequent refunds from a cancellation will be pro-rated based on the regular monthly billing rate regardless of the billing cycle selected during the initial registration, and any billing changes made during your subscription period to the Service. Please note: NO CASH/CHECK REFUND MAY BE MADE ON BANK CARD PURCHASES. In the event that Daily Graphs Online is unable to process your credit card payment, we reserve the right to terminate your access without prior notice. Should you object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with the Service in any way, you agree that your sole recourse is to immediately (1) discontinue use of the Service; (2) terminate your membership; and (3) notify O'NEIL of your termination in writing either by e-mail to , or by mail service at 12655 Beatrice Street, Los Angeles, CA 90066, Attn: Daily Graphs Customer Service.
Upon termination, you shall immediately remove and destroy all copies of the Software or any part thereof. Upon O'NEIL's request, you will certify to O'NEIL that all complete and partial copies of the Software have been destroyed.
The special discounted offer for subscriptions to Daily Graphs Custom Screen Wizard and subscriptions to Daily Graphs Industry Groups is binding as long as there is an active Daily Graphs Online Stock Graphs subscription under the same user name. In the event that the Daily Graphs Online Stock Graphs subscription is cancelled or expires, access to the discounted subscription will be suspended. It is up to the subscriber to contact Daily Graphs Online at to reinstate any accounts to an active subscription status or to request a pro-rated refund. In the event an account is suspended for more than one month, a pro-rated refund will not be honored. The discounted price may not be used with any other offers or promotions. Prices are good for a limited time and may be subject to change at any time. Trial subscriptions are limited to one per person each 90 day period. If a subscription is purchased at the end of the trial, the cost of the trial may be applied against your subscription price. The terms and price of trial subscriptions are subject to change at any time. Trial subscriptions are not refundable.
The information presented in the Service is provided on an "as is" basis and has been obtained or derived from sources believed to be accurate. O'NEIL does not guarantee its accuracy, and it may possibly be incomplete and/or condensed. The opinions expressed are based upon study and interpretation of available data. Data and information are provided for informational purposes only, and are not intended for trading purposes. You agree to make your own independent investigation the basis for any business judgments and decisions. Neither O'NEIL nor any of its data or content providers shall be liable for any errors or delays in the content, or for any action taken in reliance thereon. No offer on our part with respect to the sale or purchase of any securities is intended or implied, and nothing contained herein is to be construed as a recommendation to buy or sell any securities. It is possible that at this date or some subsequent date the officers, directors and/or shareholders of O'NEIL and its affiliates own securities, or buy or sell securities mentioned in this publication or those not so mentioned.
USE OF SERVICE
You assume total responsibility and risk for your use of the Service and the Internet. O'NEIL does not guarantee that the Service or Internet will be uninterrupted or error free; it is provided on an "as available" basis. O'NEIL and its affiliates do not warrant the accuracy, completeness or currentness of the news and information available through the Service. You acknowledge that any reliance upon any such news, statements or other information shall be at your sole risk. Daily Graphs Online will only support the latest version posted on its website. O'NEIL represents and warrants that it employs and will continue to use throughout the term and any subsequent terms of this Agreement commercially reasonable safeguards to protect against the transmission of any viruses, hidden-codes, programs, Trojan horses, or disabling devices which may harm or interrupt the use of Daily Graphs Online's computers, equipment, servers or files through the use of the Service.
USE OF SOFTWARE
The Daily Graphs Online Software (the "Software") you downloaded as part of the registration process is licensed, not sold, to you and available for use only under the terms of this Agreement. O'NEIL grants to you (either as an individual or an entity) a perpetual, royalty free, nonexclusive, non-transferable license to install and use the Software, in conjunction with your use of the Service, on a stand alone computer, solely for your own internal processing operations. The license(s) granted under this agreement are priced per user as determined by O'NEIL. You may not permit or provide access to the Service to any other person, office, or place. Additional users may be added upon O'NEIL's written approval, subject to additional fees. You may not physically or electronically transfer the Software to any CPU or server beyond the CPU or server for which the software is licensed, except for disaster recovery purposes. You agree not to reproduce in any form whatsoever the Software supplied hereunder without the express written permission of O'NEIL. You may not rent or lease the Software. You may not loan or distribute the Software in whole or in part, except as otherwise agreed to in writing by you and O'NEIL. The sublicensing of the Software is prohibited. All trademarks, service marks, copyrights, and title in and to the Software and the Information, are owned by O'NEIL, and its structure, organization and code are the valuable trade secrets of O'NEIL. You acknowledge that no title to the intellectual property in the Software is transferred to you. O'NEIL reserves all rights not expressly granted hereunder.
You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse engineer, reverse compile, modify, adapt, translate or disassemble the Software, in whole or in part.
You agree to co-operate with O'NEIL in providing any assurances or evidence of compliance with respect to any legislation, regulations or rules concerning anti-money laundering issues and you represent and warrant that you have not been investigated, charged, or convicted for violation of any anti-money laundering rules or regulations.
You agree to take all reasonable steps to protect the Service from unauthorized access or use. O'NEIL will allow you to choose a usercode which will permit you to access the Service. You agree that you will be the sole user of the Service under this Agreement. Licensee agrees to comply with the procedures specified by O'NEIL from time to time regarding obtaining and updating your usercode/password. Usercode/Password are subject to cancellation or suspension by O'NEIL at any time, including upon your misuse of the usercode/password in any way, and the reissuance or reactivation of your usercode/password may be subject to O'NEIL's standard charges. You agree that you will use your best efforts to prevent any third party from obtaining the usercode/password, and you will inform O'NEIL immediately of any actual or potential unauthorized access to a usercode/password or to the Service.
If you operate a Web site and wish to link to dailygraphs.com, you may link only to the home page, www.dailygraphs.com, and not to any other page or subdomain of dailygraphs.com. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of dailygraphs.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through dailygraphs.com, not to use any device, software or routine to interfere or attempt to interfere with the proper working of Service, not to take any action that imposes an unreasonable or disproportionately large load on the O'NEIL infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process in connection with your use of dailygraphs.com.
O'NEIL may assure that Subscriber is in compliance with this Agreement by conducting an audit at the location(s) that the Service is in use. O'NEIL will give reasonable notice of its intent to audit, and the parties will attempt to schedule such audit so as not to unnecessarily interfere with the operations of Subscriber. An audit will only be conducted if O'NEIL has cause to believe that Subscriber's use of Service is not in accordance with the terms of this Agreement. During an audit, O'NEIL or a representative of O'NEIL may inspect books, corporate records, accounting payment records, and Service user documents which contain information pertaining to use of the Service. O'NEIL will also be granted access to areas where the Service is installed or used for the purpose of observing the use made by the Service. O'NEIL is responsible for the cost of the audit unless a discrepancy is found. In which case, Subscriber will be responsible for all fees and costs.
LIMITATION ON LIABILITY
Under no circumstances will O'NEIL and its affiliates be liable to you or anyone else for any decision made or action taken by you based on the news and information presented in the Service.
O'NEIL AND ITS AFFILIATES SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FROM ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF O'NEIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL O'NEIL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES PAID BY YOU TO O'NEIL. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED "AS IS" WITH NO WARRANTIES WITH REGARD TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Since you are responsible for your transmission and their consequences, you agree to indemnify and hold O'NEIL, its parents, subsidiaries, affiliates, officers and employees harmless from and against any claim demand, including reasonable attorneys' fees made by any third party resulting from or arising out of your use of the Service (or the use by persons using your usercode/password), or your violation of the Agreement.
You and O'NEIL understand and agree that in the performance of this Agreement, each party may have access to private or confidential information of the other party. The parties agree to hold such information in confidence and not, without prior consent of the other, disclose it to a third party unless it is required to be disclosed by law, court order, or by any government or regulatory authority. No public announcement, press release, or communication concerning this Agreement shall be made without the prior express written consent of the other party.
Subscriber is not and will not engage in the operation of any illegal business and will not use, or permit anyone else to use, the data obtained through the Service, or any part thereof, for any illegal purpose.
You agree that this Agreement and any dispute relating to it or the Service will be governed by and construed in accordance with the laws of the United States and the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents, without regard to conflicts of laws principles. You hereby submit to the exclusive jurisdiction of the federal and state courts of the State of California.
COPYRIGHTS AND LICENSES/REDESSEMINATION PROHIBITED
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Service and the Software, including for example, graphs, charts, data, guides, text, images, illustrations, html, source and object code, software, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by O'NEIL, and its affiliated companies, licensors and suppliers. O'NEIL actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in this Agreement.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of O'NEIL. Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to .
The Dow Jones IndexesSM are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. You will neither (I) copy, download, store, reproduce or further transmit or distribute the Indexes for commercial purposes in any type of format or by any means, including but not limited to the Internet, Intranet or other type of network nor (II) use the Indexes as the basis of financial instruments or investment products (e.g., passively-managed funds) without a separate written agreement with Dow Jones for such purpose.
You understand that the Software is subject to export control laws and regulations. You may not download or otherwise export or re-export the software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitations, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan or Syria or (ii) to anyone on the U.S. Treasury department's list of specially designated nationals or the U.S. Commerce Department's table of denial orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
INTELLECTUAL PROPERTY NOTICES
*Daily Graphs Online® is a registered trademark of William O'Neil + Co. Incorporated. The Service contains proprietary and original content protected by U.S. copyright and international treaties. O'NEIL or its affiliates retain all intellectual property rights to the works contained in the Service. O'NEIL will pursue legal action against anyone who misappropriates our intellectual property. This notice constitutes fair warning.
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