Terms

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Terms of Use

 

Terms of Use and Your Acceptance. Please Read before Continuing.

InSync Analytics Corporation (“InSync Analytics”) is pleased to provide you with the information, content, tools, products and services (“Products and Services”) on our password protected website www.insyncanalytics.com (“InSync Analytics Site”). Your access to and use of InSync Analytics website is subject to these Terms of Use (“Terms of Use”). THESE TERMS OF USE APPLY TO ALL VERSIONS OF THE PRODUCTS AND SERVICES, INCLUDING TEST, BETA, FREE, TRIAL OR PAID VERSIONS.

The Products and Services available on the InSync Analytics Site, may be accessed only by those individual(s) who have been authorized by their employer to use the Products and Services pursuant to these Terms of Use (“Authorized User”). By using or accessing the InSync Analytics Site, you and/or your employer represent that you are an Authorized User. These Terms of Use are a binding agreement between you, your employer and InSync Analytics. By using or accessing the InSync Analytics Site, you accept and agree to be bound by these Terms of Use. If you, or your employer, do not wish to be bound by these Terms of Use, you must not use the Products and Services. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRODUCTS AND SERVICES ON THE INSYNC ANALYTICS SITE.

Your use of InSync Analytics Site is governed by the version of the Terms of Use in effect on the date the InSync Analytics Site is accessed by you. InSync Analytics may modify these Terms of Use at any time and without prior notice. You should review the most current version of these Terms of Use by visiting the InSync Analytics Site and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms  of Use are in addition to any other agreements between your employer and InSync Analytics, and any other agreements that govern your use of information, content, tools, products and services available on and through the InSync Analytics Site.

 

Limitations on Investment Guidance and Professional Advice

The InSync Analytics Site is not intended to provide legal, tax, investment or insurance advice. Nothing on the InSync Analytics Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by InSync Analytics or any third party.  You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your investment objectives, financial circumstances and risk tolerance. You and/or your employer should consult your legal, tax or accounting professional with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of Products and Services made available on InSync Analytics Site may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The Products and Services provided on the InSync Analytics Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization.

 

Proprietary Rights, Copyright Policy, and Trademarks 

All proprietary rights, title and interest in the Products and Services available on the InSync Analytics Site are the exclusive property of InSync Analytics or the applicable third-party data, content or research provider, except as otherwise stated. Unless otherwise specified, the Products and Services are for your internal business use only and you may print, copy and download any information or portion of the Products and Services for your business use only.

The InSync Analytics Site is protected by applicable copyright laws. Accordingly, you may not copy, modify, distribute, transmit, post, reproduce, publish, license, frame, transfer, create derivative works, scrape any data from, the Products and Services and/or store any data made available by InSync Analytics in a way which is capable of being scraped or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Products and Services, except for the purposes expressly provided herein, without InSync Analytics’ prior written approval. If you copy or download any information or software from the Products and Services, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

All trademarks and service marks on the InSync Analytics Site belong to InSync Analytics or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

 

Third Party Research, Data, Content and Disclaimer

The InSync Site includes general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with InSync Analytics (“Third Party Content”). Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited. InSync Analytics has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While InSync Analytics makes every attempt to provide accurate and timely information to serve the needs of Authorized Users, neither InSync Analytics nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and InSync Analytics and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Means of Access and Registration Data

The InSync Analytics Site is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the InSync Analytics Site, be aware that the InSync Analytics Site may not appear accurately through other access methods, and you use them only at your own risk.

In order to access the Products and Services, either you or your employer will be required to provide InSync Analytics with certain information, including: your name, employer name, business title, business address, business telephone number and business e-mail address (“Registration Data”) during the registration process,. You and/or your employer agree to provide true, accurate, current, and complete Registration Data to InSync Analytics.

 

Password Security and Notification

Upon approval and certification of your Registration Data by InSync Analytics, a password will be provided to you to allow you to use the Products and Services. You are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. The password assigned to or by you is for your use only and you are solely responsible for the safekeeping of your password. You will be responsible for all activity attributable to your password. Accordingly, you should take steps to protect the confidentiality of your password. As an Authorized User, you are responsible if your password is lost, stolen or misused. Notify InSync Analytics immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password.

 

Authorized Users and Right to Terminate User Access

Only Authorized Users may use the Products and Services on the InSync Analytics Site. You shall notify InSync Analytics immediately if you become aware of any unauthorized use of the Products and Services. Employers agree to notify InSync Analytics immediately and without delay if a user is no longer an Authorized User. InSync Analytics reserves the right to limit, restrict and terminate your access to and use of the Products and Services at any time, in whole or in part, in its sole discretion and without notice.

 

Timeliness of Content and Changes to Products and Services

All content on the InSync Analytics Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

InSync Analytics reserves the right, in its sole discretion, without any obligation and without any notice requirement, to: change, improve or correct the information, materials and descriptions on the Products and Services; and, limit, suspend and/or deny access to the Products and Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

 

DISCLAIMER OF WARRANTIES 

  • INSYNC ANALYTICS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE INSYNC ANALYTICS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PRODUCTS AND SERVICES ON INSYNC ANALYTICS SITE ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND INSYNC ANALYTICS DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
  • INSYNC ANALYTICS DOES NOT WARRANT THAT THE INSYNC ANALYTICS SITE WILL MEET YOUR NEEDS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. INSYNC ANALYTICS ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE INSYNC ANALYTICS SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS AND SERVICES OBTAINED BY YOU THROUGH THE INSYNC ANALYTICS SITE WILL MEET YOUR EXPECTATIONS.

 

LIMITATION OF LIABILITY 

  • INSYNC ANALYTICS WILL NOT BE LIABLE TO YOU AND/YOUR EMPLOYER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE INSYNC ANALYTICS SITE, RESEARCH PROVIDER DATA, AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF INSYNC ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • INSYNC ANALYTICS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH INSYNC ANALYTICS DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
  • IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE INSYNC ANALYTICS SITES THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnification 

As a condition of your use of the InSync Analytics Site, you agree to indemnify and hold InSync Analytics, and its Third Party Content Providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the InSync Analytics Site, or from your violation of these Terms of Use.

 

Changes to InSync Analytics Sites 

Unless otherwise agreed, InSync Analytics may discontinue or modify the Products and Services on InSync Analytics Site at any time without prior notice to you, and you accept those modifications if you continue to use the InSync Analytics

 

Termination 

InSync Analytics may terminate your access to the InSync Analytics Site for any reason, without prior notice.

 

Governing Law 

Unless otherwise agreed, these Terms of Use and their enforcement shall be governed by, and construed in accordance with, the laws of the State of New York, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction, and shall inure to the benefit of InSync Analytics’ successors and assigns, whether by merger, consolidation, or otherwise.

 

Severability 

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

Last updated March 22, 2022