PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AURORA SYSTEM
THESE TERMS AND CONDITIONS INCLUDE DISCLAIMERS AND LIMITATION OF LIABILITY CLAUSES IN SECTIONS 8 AND 9 BELOW
The term "SDIS", "us", "we" or "our", refers to SDIS Global AG, a corporation organized and existing under the laws of Switzerland, having its principal offices at Gartenstrasse 22 CH – 4052 Basel, Switzerland (company registration no. CHE147.478.071), which owns and operates the Aurora System (as defined below). The term "you" refers to the User (as defined below).
You hereby state that you are a natural person over the age of 18, and that you are not acting for, or on behalf of, any other person, company or such other legal entity.
License to Use
From time to time, an upgrade to the latest version of the Aurora System may be required in order to make use of the Services or to take advantage of new features and functionalities of the Aurora System.
For the purposes hereof:
"Activation" shall have the meaning specified in Section 3.1 below.
"Activation Date" means the date on which Activation occurred.
"Aurora System" means SDIS' proprietary online digital platform for financial data display and processing known as 'Aurora', as well as any Content accessible, and Services provided, thereby. The term "Aurora System" includes also the Site (as defined below).
"Content" means any and all content contained and/or provided, or that may be contained and/or provided from time to time, in or by the Aurora System, or otherwise provided by us, including, but not limited to, Market Data and Research (as defined below), portfolio diagnostic reports, and any other data and information accessible and/or provided thereby, and all texts, photographs, graphics, video, audio, or any other form which contains information.
"External Sites" shall have the meaning specified in Section 12 below.
"Feedback" shall have the meaning specified in Section 16 below.
"Forum" means the Users Forum referred to in Section 6 below.
"Intellectual Property Rights" shall have the meaning specified in Section 11.7 below.
"Market Data and Research" means financial data and information regarding certain Stocks, alternatives, peers, indexes, industrial groups and sectors, as such data and information appear on the Aurora System.
"Package" shall have the meaning specified in Section 4.2 below.
"Services" means (i) all the services provided via the Aurora System, including (but not limited to) the provision of Market Data and Research, portfolio diagnostic services, and any other features and functionalities supported, or that may be supported, by the Aurora System from time to time, and (ii) all reports, analysis and such other work product and/or deliverables being the output of the use of the Aurora System and such services, or as otherwise provided by us.
"Site" means Aurora's Internet site which can be accessed at auroraonline.io. The term "Site" includes (but is not limited to) the Forum.
"Stocks" means, collectively, certain stocks, funds and any other security or financial instrument with respect to which Content is provided on the Aurora System.
"Submission" shall have the meaning specified in Section 6.1 below.
"Subscription" and "Subscription Fees" shall have the respective meanings specified in Section 4.2 below.
"Subscription Period" shall have the respective meanings specified in Section 4.5 below.
"Summary Notice " shall have the meaning specified in Section 3.1 below.
"Termination Notice" shall have the meanings specified in Section 4.6 below.
"theScreener" shall have the meaning specified in Section 2.2 below.
"User" means any person that uses the Site and/or that is registered to the Aurora System.
"User Account" shall have the meaning specified in Section 3.1 below.
2.1 The Aurora System provides financial data and information for helping you to identify investment ideas. However, we shall not advise or guide you as to if, or what, to do, or which product to buy or sell – those decisions are entirely yours.
2.2 The Market Data and Research appearing on the Aurora System and Services are provided to SDIS under license from theScreener.com SA (www.thescreener.com), a corporation organized and existing under the laws of Switzerland, having its principal offices at Rue de la Gare 18 CH – 1260 Nyon, Switzerland ("theScreener").
2.3 The Market Data and Research appearing on the Aurora System is not provided on a real-time basis. Rather, it is updated twice a week.
2.4 SDIS and the Aurora System are not regulated and SDIS does not hold a license for investment advice, investment marketing or for portfolio management under any law in any jurisdiction.
2.5 The Content provided by the Aurora System:
Is impartial and is not based or tailored to your personal circumstances, needs or goals, and should not be relied upon as an assessment of profitability or suitability of a particular Stock;
Is provided in the same manner to all Users (subject to mandatory local restrictions in various jurisdictions) and is not subject to modification based on profiling or the manner in which you use the Aurora System;
Is provided for informational purposes only, and does not constitute consultancy, investment, tax, legal or accountancy services, advice, recommendation or guidance in any jurisdiction; and
Shall not be considered as, and may not be used in connection with, an offer or invitation to sell or the solicitation of an offer or invitation to buy Stocks, in any jurisdiction.
SDIS does not express an opinion on the future or expected value of any Stock and does not explicitly or implicitly recommend or suggest an investment strategy of any kind.
Please note that past performance is no guarantee of current or future performance, and that even 'low risk' stocks are equities and, as such, are generally volatile and therefore investments that can lose up to all of their value.
SDIS provides all Content on an 'as is' basis, and neither SDIS or its licensors make any representation or warranty of any kind as to the quality of the Content or that the Content is complete, exhaustive, accurate, reliable or suitable.
SDIS reserves the right to modify the Content at any time and from time to time, without notice.
You expressly acknowledge and agree that the use of the Aurora System and any decision taken on its basis, is taken at your sole risk, responsibility and liability, and that SDIS or its licensors will not be responsible or liable for the accuracy or quality of the Content provided on the Aurora System, or for any decision you make based on it.
The provisions of this Section 2 above are in addition to, and do not derogate from the provisions of Sections 8 and 9 below.
3.1 Your Aurora User Account
Our Services require you to open a user account ("User Account").
In order to do that, you must fill in the registration form and provide us with a valid email address and with current, complete and accurate information as prompted by the registration form.
After submitting the completed registration form, we will send you a notice with your
User Account details and with a summary of the transaction details according to the Package selected by you (please see Section 4 below)("Summary Notice"). The Summary Notice will be sent to the email address provided by you as part of the registration process.
In order to complete the registration process and to activate your User Account, you are required to authenticate your email address and confirm your agreement to the transaction details appearing in the Summary Notice, by clicking a link that will appear in the Summary Notice ("Activation").
Please add the email address of email@example.com as a contact to your email contact list. SDIS shall not be liable for any failed deliveries or arrival of messages to your spam inbox.
You may reset your password at any time, and shall be notified via electronic mail on each reset.
You will provide SDIS only with accurate information about yourself and shall not disclose your User Account information to others.
SDIS reserves the right to deny creation of your User Account, or to terminate your User Account, based on our inability to verify the authenticity of your registration information.
You are entirely responsible for any and all activities that occur under your User Account. You agree to notify SDIS immediately of any unauthorized use of your User Account or any other breach of data security.
SDIS will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. You could be held liable for losses incurred by SDIS or another party due to someone else using your User Account.
You may not use anyone else's User Account.
We may communicate with you in an electronic form via the email address you have submitted as part of the registration process, with regard to Aurora System updates, or any other issues related to your User Account and/or use of the Aurora System.
In addition, as an integral part of the Aurora System, you will receive notifications by email from SDIS.
If you do not wish to receive notifications from SDIS as above, you may turn the option to receive notifications by using the 'unsubscribe' link in the email message.
3.3 Technical Support
You may send any query you may have regarding the technical operation of the Aurora System to us by email to firstname.lastname@example.org.
We shall use reasonable commercial efforts to respond to your query as soon as possible, either by email to the email address you have submitted as part of the registration process, of by posting a response under the FAQ in the Site.
4.1 Free Trial
A free trial is available for a period of fourteen (14) days, in which you may use the Aurora System for the sole purpose of experiencing and evaluating it prior to deciding on whether or not to purchase a Subscription. The free trial does not require opening a User Account, however you will be asked to fill in a free trial registration form in which you will be asked to provide your full name and a valid email address.
As part of the free trial, we may ask you fill-in a feedback questionnaire regarding the Aurora System and your experience in using it.
Upon expiration of the free trial, your access to the Aurora System will end.
You may regain access to the Aurora System by opening a User Account and purchasing a Subscription for one of the Packages detailed below.
You will be limited to one free trial only.
4.2 Subscription Fees
In order to use the Aurora System (except during the free trial), you are required to purchase a monthly fixed-fee subscription ("Subscription") by paying the subscription fees ("Subscription Fees") of the package selected from one of the following available packages (each, a "Package"):
4.3 Terms of Payment
The Subscription Fees will be charged by us and paid by you, in advance, at the price of the selected Package.
4.4 Means of Payment
The Subscription Fees are payable via credit card only, and you will be solely liable for, and shall bear and pay through your designated credit card, the Subscription Fees, any applicable taxes relating to the use of the Aurora System and payment of the Subscription Fees, and any commissions and/or rates incurred by effecting such payment.
You hereby authorize us to verify the validity of the credit card details you provide to us for anti-fraud purposes.
You hereby authorize and direct us to charge your designated credit card for the Subscription Fees (including all applicable taxes, commissions and/or rates as above) and to retain all information about any credit card(s) associated with your User Account.
You are responsible for paying the Subscription Fees even if payment by your credit card fails or is denied.
4.5 Subscription Period
Upon expiration of the Subscription Period, your access to the Aurora System will end.
The Subscription Period does not renew automatically. You may regain access to the Aurora System by paying the corresponding Subscription Fees for a new Package.
4.6 Terminating the Subscription
YOU MAY TERMINATE THE SUBSCRIPTION FOR ANY REASON (OR FOR NO REASON) BY SENDING US A TERMINATION NOTICE ("TERMINATION NOTICE") AT ANY TIME WITHIN THE FIRST FOURTEEN (14) DAYS FROM THE ACTIVATION DATE, BY:
USING THE 'UNSUBSCRIBE' BUTTON APPEARING IMMEDIATELY AFTER THE LOG-IN PAGE; OR BY
SENDING US AN EMAIL TO SUPPORT@AURORAONLINE.IO.
YOUR TERMINATION NOTICE MUST INCLUDE YOUR FULL NAME AND ID NUMBER, IN ORDER TO ALLOW US TO PROCESS IT.
Upon receipt of your Termination Notice (including all the required details as above) within the first fourteen (14) days from the Activation Date:
We shall refund you with the Subscription Fees paid by you for the terminated Package, by crediting your credit card account provided by you as part of the registration process (or, in the event that payment has not yet been effected, by cancelling the instruction to the credit card company to charge your credit card account; as the case may be); and
The Subscription and your access to the Aurora System will be terminated by us within three (3) business days from our receipt of your 'Unsubscribe' or email notification to us.
SUBJECT TO APPLICABLE LAW, YOU WILL NOT HAVE THE RIGHT TO TERMINATE THE SUBSCRIPTION AFTER THE EXPIRATION OF THE FIRST FOURTEEN (14) DAYS FROM THE ACTIVATION DATE , AND ALL SUBSCRIPTION FEES PAID BY YOU SHALL BECOME NON-REFUNDABLE.
Measures in the Event of Non-Payment
Subject to applicable law, in the event of non-payment within fourteen (14) days of the due date for payment, your Subscription will be deemed delinquent and we may terminate or suspend your User Account for non-payment. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
Changes to the Subscription Fees
We reserve the right to change the Subscription Fees at any time and from time to time, by posting a thirty (30) days prior notice on the Site and/or by sending you an email to that effect. Any change in the Subscription Fees will not apply to the Package then in effect at the time of the change.
Statutory Consumer Rights
The provisions of this Section 4 are subject to, and do not derogate from, any mandatory statutory rights that may be afforded to you by the applicable law in your jurisdiction.
SDIS has the right to change the Aurora System (or any portions thereof) at any time and from time to time, in its sole discretion and without prior notice, including (but not limited to), by way of adding or removing features or functionalities, creating new limits to certain Services, or temporarily or permanently suspending or stopping a Service.
In addition, SDIS may stop (permanently or temporarily) providing access to the Aurora System (or any features or functionalities thereof) to you and/or to Users generally, at SDIS' sole discretion at any time and for any reason (or for no reason), and without liability to SDIS or notice.
SDIS also retains the right to create limits on use of the Aurora System (or any features or functionalities thereof) to you and/or to Users generally, at SDIS' sole discretion at any time, and without liability to SDIS or notice.
6.1 You may participate in the Users Forum included in the Aurora System or on any External Site (collectively, "Forum"), by posting your reviews, comments or feedback with regard to the Aurora System (each, a "Submission").
You may not use the Forum or post any content thereon for any other purpose.
When participating in the Forum, you agree to do so in a friendly and courteous manner.
6.2 You hereby agree (i) to use the Forum solely for posting your Submissions, and not for any other purpose, and (ii) to adhere to and comply with the provisions of this Section 6 and Section 7 below while posting content on the Forum.
You hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable, fully paid up, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, distribute, publish and display Submissions posted by you on the Aurora System, at our sole discretion.
You hereby represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to us and to other Users with respect to any content posted by you on the Forum.
6.5 You hereby acknowledge that you understand and agree that:
You are solely responsible for any content you post on the Forum and to the communication you establish with other Users of the Aurora System;
Any content posted by you on the Forum (even after removal by you) may be saved, copied, re-published or otherwise used by any person accessing the Aurora System, and we cannot control the use of such content by any such person. We cannot and do not guarantee that content posted by you will not be viewed or otherwise used by unauthorized persons;
Any use or reliance on any content posted by other Users or by us on the Forum, is done at your own risk;
In accessing the Forum, you may be exposed to content that might be factually inaccurate, and/or may be deemed offensive, indecent, or otherwise objectionable to you, and which may or may not be identified as having explicit language, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to any such content;
SDIS will not, under any circumstances, be held liable for your conduct and/or for the conduct of other Users;
SDIS reserves the right, but has no obligation, to pre-screen, monitor or control the content posted on the Forum, and does not assume responsibility for such content. By using the Aurora System, you acknowledge and agree that SDIS is not responsible for examining or evaluating such content or the veracity, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, appropriateness, decency, truthfulness, integrity, quality or reliability, or any other aspect thereof;
SDIS reserves the right to remove and to refuse to display any content posted by you or by others on the Forum, without notice and at our sole discretion.
SDIS DOES NOT WARRANT OR ENDORSE, DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY CONTENT POSTED ON THE FORUM;
SDIS does not warrant against deletion of any Submission posted on the Forum, or the failure to post any content on the Aurora System.
Any dispute and/or claim that may arise between Users shall be settled by and between such Users. SDIS will not be responsible or liable, either directly or indirectly, for any dispute and/or claim between Users.
7.1 You may not do, or attempt to do, any of the following while accessing or using the Aurora System:
Use the Aurora System for any unlawful purposes or for promotion of illegal
Use the Aurora System to provide any investment advice, or any recommendation or guidance that attempts to educate, inform or guide another User or any third party regarding a particular investment product or series of products;
Use the Aurora System to disseminate, indicate, distribute or otherwise disclose any information which you do not have a right to make available under any law or under contractual or fiduciary relationships, such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, and/or which it would be unlawful for us to use or possess in connection with the operation of the Aurora System;
Copy, reproduce, print, download or save a copy, republish, redistribute, create a database from, display, perform, advertise, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan, frame, link, or otherwise make available or exploit in any form or by any means all or any portion of the Aurora System and/or any Content accessible thereby, for any purpose.
You may, however, print a copy of the research and diagnostic reports provided as part of the Services solely for your personal, internal, non-commercial, or non-profit use or records, provided that (i) any marks, logos, copyright notices, or other legends that appear on the research reports remain on, and are not removed from the printed or stored images of any such research reports, (ii) the Content included in such research reports is not modified in any way, and (iii) no graphics are used, copied or distributed separately from the accompanying text; Use an anonymizing proxy; use any robot, spider, scraper, bot, data mining or any other automatic device or process, or manual process, to bypass measures we take to restrict access to the Aurora System, or monitor, copy, harvest or manipulate any Content accessible thereby;
Circumvent, disable or otherwise interfere with any security-related features of the Aurora System or such other features that prevent or restrict use or copying of Content, or enforce limitations on use of the Aurora System or the Content accessible thereby;
Remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Aurora System;
Use the Aurora System to generate and/or distribute any content which is harmful, threatening, tortuous, abusive, causes harassment, defamatory, vulgar, obscene, libelous, hateful, is otherwise unlawful, false, inaccurate, misleading, malicious, or discriminatory or which harms minors in any way;
Use the Aurora System to generate and/or distribute any content which is not
Use the Aurora System to generate and/or distribute any content which is directed at minors under the age of 18;
Use the Aurora System to generate and/or distribute any content which contains, advertises or promotes reference (directly or by way of implication) to content that contains sexual content (including, but not limited to, nudity, graphic sex acts, or sexually explicit material), pornography, dating, or any other mature content of any kind. If SDIS becomes aware of content with child pornography, we shall report it to the appropriate authorities;
Use the Aurora System to generate and/or distribute any content which advertises, promotes or includes reference (directly or by way of implication) to violence of any kind (including, but not limited to, depictions of gratuitous violence); to alcohol, drugs or tobacco; to gambling of any kind; and/or to weapons of any kind;
Use the Aurora System to generate and/or distribute any content which infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct;
Use the Aurora System for posting third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have a formal and legally valid license or permission from the rightful owner of the material or if you are otherwise legally entitled to post and/or send the material in question;
Use the Aurora System for sending other people's private and confidential information, such as (but not limited to) credit card information, street address or Social Security/National Identity numbers, without their express authorization and permission;
Use the Aurora System for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing the Aurora System; or by scripting the creation of any content in such a manner as to interfere with or create an undue burden on the Aurora System;
Use the Aurora System for the solicitation of business or for generating and/or sending any unauthorized commercial communications (such as pyramid schemes, chain mail, junk mail, spam or the like) or any contest, giveaway or sweepstakes, or any other type of promotion;
Do anything that could interfere with, disable, overburden, or impair the proper working of the Aurora System; and/or
Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 7.1 above.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AURORA SYSTEM IS PROVIDED 'AS IS', 'AS AVAILABLE', 'WITH ALL FAULTS' AND WITHOUT WARRANTY OF ANY KIND, AND SDIS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AURORA SYSTEM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, EXHAUSTIVENESS, ACCURACY,
QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SDIS does not warrant against interference with your enjoyment of the Aurora System, that the Aurora System will meet your requirements, that the operation of the Aurora System will be uninterrupted or error-free, that defects in the Aurora System will be corrected, that the Aurora System will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.
Any material accessed, downloaded or otherwise obtained through the use of the Aurora System, is accessed at your own discretion and risk, and you will be solely responsible for and hereby irrevocably waive and release SDIS and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any damage to your Internet access and/or loss of data that results from the download of any such material.
SDIS provides all technical support on an 'as is' basis, and does not make any representation or warranty of any as to such support and/or the reliability, quality, accuracy, availability thereof, or its ability to meet your needs, provide certain outputs or achieve certain results.
SDIS makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the System.
You understand and agree that no data transmission over the Internet or information storage technology can be guaranteed to be completely secure, and SDIS expressly disclaims any warranties, express or implied, to that effect.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations (or any part thereof) may not apply to you.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SDIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS
OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, (C)
ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, AND/OR (D) ANY THIRD PARTY CLAIMS AGAINST YOU; WHERE THE DAMAGES REFERRED TO IN (A), (B), (C) AND/OR (D) ABOVE RESULT IN ANY WAY FROM ANY MATTER RELATING TO AND/OR ARISING FROM THE AURORA SYSTEM, INCLUDING, WITHOUT LIMITATION (I) YOUR ACCESS TO AND/OR USE, INABILITY TO ACCESS OR USE THE AURORA SYSTEM, AND/OR ANY EXTERNAL SITE; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT, AND/OR YOUR RELIANCE ON THE AURORA SYSTEM; AND/OR ANY EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS AND/OR OTHER INACCURACIES IN ANY CONTENT ACCESSIBLE BY THE AURORA SYSTEM, AND/OR (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AURORA SYSTEM; REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF SDIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF SDIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SDIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY OR DEATH) EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO SDIS AS SUBSCRIPTION FEES (LESS AMOUNTS ALREADY PAID BY US TO YOU FOR ANY PREVIOUS LIABILITIES).
Any cause of action by you with respect to the Aurora System, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or death, or of incidental or consequential damages, so the limitations above may not apply to you.
11.1 You hereby acknowledge that the Aurora System as a whole constitutes an original work of authorship of SDIS (and/or of its licensors), and that all present and future rights, ownership, title and interest in and to the Aurora System, including, but not limited to, the Content and the compilation, collection, selection, assembling, organization, coordination and arrangement thereof (whether or not such Content is protected by copyright, or by any other intellectual property rights) within the Aurora System, and the related instructions, databases and technology embedded therein or upon which the Aurora System is based, and the related Intellectual Property Rights – are, as between you and SDIS, and shall remain at all times, the sole and exclusive property of SDIS.
The Aurora System contains proprietary information, material and trade secrets that are owned by SDIS, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT
The Aurora System may enable access to certain third party web sites, including (but not limited to) social media platforms which have a link on the Aurora System (collectively, "External Sites").
We are not responsible or liable for the practices employed by External Sites linked to the Aurora System, nor for the information or content contained therein.
Your browsing and interaction on any External Site, is subject to that External Site's own rules and policies.
WE DO NOT WARRANT OR ENDORSE ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SITES AND ARE NOT LIABLE FOR ANY LOSS AND/OR DAMAGE WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON, AS A RESULT OF, AND/OR IN CONNECTION WITH, ANY RELIANCE PLACED BY YOU ON ANY OF THE ABOVE.
In addition, External Sites that may be accessed from the Aurora System are not available in all languages or in all countries.
We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, remove, or disable your access to any External Services, and/or to impose limits on your use of, or access to, certain External Services.
'theScreener' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of theScreener.
SDIS shall not be liable to you or any third party for the expiration, termination or suspension of your access to the Aurora System, or any claims related to the such expiration, termination or suspension.
You may not, without SDIS' express prior written permission, (i) include links to the Site (or any portions thereof), (ii) display ('frame') content of the Site (or any portions thereof) within another Internet site, or (iii) archive, cache or mirror the Site (or any portions thereof).
You agree that any ideas, remarks, comments, proposals, suggestions, recommendations, feedback, any other input and/or information that you may provide to SDIS (collectively, "Feedback"), is entirely voluntary, and that SDIS will be free to use any such Feedbacks if and as SDIS will see fit, without any obligation or compensation to you or any other person sending the Feedback. SDIS will have exclusive ownership of all present and future existing rights to any of Feedbacks of every kind and nature everywhere, and you hereby irrevocably assign to SDIS all rights therein. SDIS will not be required to treat any Feedback as confidential. You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. You hereby irrevocably waive and release SDIS and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any Feedback and the use or non-use thereof by SDIS.
You may not use or otherwise export or re-export the Aurora System except as authorized by United States law and the laws of the jurisdiction in which the Aurora System was accessed. In particular, but without limitation, the Aurora System may not be exported or re-exported (a) into any countries subject to U.S. embargo and trade sanction programs, or (b) to anyone on, or acting on behalf of, the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S.
Commerce Department’s Denied Persons List or Entity List.
By using the Aurora System, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo or trade sanction programs, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Aurora System for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
Notwithstanding the above, you agree that SDIS shall be allowed to take any legal action against you in any jurisdiction.
Any questions, complaints, claims or other communication to SDIS concerning the Aurora System should be directed to: email@example.com.
Communications made to us by email will not constitute legal notice to SDIS or any of its directors, officers, employees, partners, licensors and/or agents.
We may send you notices with respect to the Aurora System by, email, regular mail, or postings on the Aurora System, or by any other means reasonably designed to give you such notice.
All communications between SDIS and you will be in the English language only.
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Last updated: June 2, 2019
The system provides financial information and data to help you identify investment ideas. However, we do not advise you or guide you about this, or what products to purchase or sell – these decisions are yours only.SDIS and the system are not subject to the series, and SDIS does not hold a license for investment consultancy, investment marketing or investment portfolio management under any law. The content provided on the system is independent and not based or tailored to your personal circumstances, To your needs or for your purposes, and should not be relied on as an estimate of profitability or the suitability of an investment in a particular stock for any purpose. Past performance is not a guarantee of present or future performance. Investments may lose its full value.