Terms Of Use

RISI, INC. WEB SITE TERMS OF USE

These Terms of Use were last updated on September 12, 2014.

  1. ACCEPTANCE OF TERMS

    RISI, Inc. ("we" or "RISI") provide our internet site, risi.com (the "Web Site"), and the content, products and services offered on or through the Web Site (collectively, "Services"), to you subject to these Terms of Use. Your use of the Services in whole or in part constitutes your binding acceptance of these Terms of Use. If you do not agree to these Terms of Use, you should not use the Services or otherwise access the Web Site. Some Services may be subject to additional posted rules, policies and terms and/or separate written terms and conditions. When you use those Services, you and RISI shall be subject to those additional terms and conditions. In the event of an inconsistency between these Terms of Use and any additional posted terms and conditions or separate usage terms, the provisions of the additional terms and conditions and/or separate usage terms shall control. The terms "you" and "User" refer to anyone who accesses the Web Site and the Services.

    RISI may change these Terms of Use at any time without notice. Changes will be posted at www.risi.com under "Terms of Use". Your use of the Services or the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

  2. USE OF THE SERVICES; PROPRIETARY RIGHTS

    RISI grants you a non-exclusive, non-transferable, limited license to access and use the Web Site and the Services for the fees, if applicable, and under the terms set forth herein.

    The Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the selection, sequence and 'look and feel' and arrangement of items (the "Content"), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Services or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of RISI.

    The Content is the exclusive property of RISI or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of RISI or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of RISI or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. You shall honor all reasonable requests by RISI to protect RISI's proprietary interests in the Web Site and the Content.

    You may not use any RISI price index data included in the RISI Information, or any RISI trade names, trademarks, service marks associated with any such index (whether registered or unregistered), in connection with the trading, clearing or settlement of physical commodity contracts, futures contracts, forwards, options or financial instruments of any kind, unless expressly authorized through a commercial-use licensing agreement.

    You may not use the Web Site or any Content for any unlawful or unauthorized purpose.

  3. REGISTRATION

    Some of our Services require that you register with that Service in order to access or use it. If such registration is required, you agree to provide RISI with accurate and complete information, and to update that information if it becomes outdated. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access. For more detailed information about how we treat the registration information you provide to us, please see our Privacy Policy, which is incorporated by reference into these Terms of Use.

  4. DISCLAIMERS OF WARRANTIES

    THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without limiting the foregoing, RISI is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and RISI, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall RISI nor any of its subsidiaries, parent corporations and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the "RISI Parties"), be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.

  5. LIMITATION OF LIABILITY

    IN NO EVENT SHALL ANY RISI PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH RISI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY RISI LLC PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). IN NO EVENT WILL ANY RISI PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES, ANY CONTENT OR THE WEB SITE. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have RIS, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for RIS, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.

  6. INDEMNIFICATION

    You hereby agree to indemnify, defend and hold the RISI Parties harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys' fees), incurred by any RISI Party in connection with any claim arising out of your use of the Services (including any Content or the Web Site), any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these Terms of Use, your connection to the Services, or your violation of the rights of any other person or entity.

    RISI reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with RISI in the defense of any such claim, action, settlement or compromise negotiations, as requested by RISI.

  7. LINKS TO OTHER WEB SITES

    You may, through hypertext or other computer links, gain access to web sites operated by persons other than RISI. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that RISI is not responsible for the content or operation of such web sites, and that RISI shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that RISI endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the RISI Web Site.

  8. ADDITIONAL LEGAL TERMS

    These Terms of Use constitute the entire agreement between you and RISI and govern your use of the Web Site and the Services, superseding any prior agreements between you and RISI. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software. These Terms of Use cannot be changed or terminated orally. These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The formation, construction and interpretation of this agreement shall be controlled by the laws of the Commonwealth of Massachusetts, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of these Terms of Use. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the County of Suffolk in the State of Massachusetts, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

These Terms of Use were last updated on September 12, 2014.