Terms and Conditions
RESEARCHRECAP.COM TERMS AND CONDITIONS OF USE
Please read these terms and conditions of use carefully before using the researchrecap.com web site (the “Website”), as they affect your legal rights and obligations. By accessing or using the Website, you are agreeing that you have accepted all of the terms and conditions set forth below, which will govern all of your use of the Website and your interaction with researchrecap.com and Alacra, Inc. (together, “Research Recap”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE.
As used in this Agreement, “we”, “us”, “our”, and “ours” means and refers to Research Recap.
Ownership, Proprietary Rights and License
This Website, including all of its content, graphics, text, images, designs, compilations, advertisements, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Website, including without limitation, the “look and feel” of the Website (collectively, “Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Research Recap, its affiliates, or its licensors.
Subject to your compliance with these terms and conditions of use, Research Recap grants you a limited, personal, non-exclusive, non-commercial, revocable right and license to access, use, download and/or hyperlink to the Website (including the Content) provided that you: (i) attribute the Content to the Website (or such other source of the Content, as may be identified on the Website); (ii) hyperlink to the underlying Content on the Website; and (iii) retain and adhere to all trademarks, copyrights or other proprietary notices that may be contained in the Content. Use of the Website (including the Content) other than as set forth herein may require the written consent of Research Recap, which consent shall not be unreasonably withheld.
Informational Purposes Only
This Website, including any Content accessed or derived from this Website, is provided for informational purposes only, and is in no way intended to serve as investment advice, and should not be construed as a recommendation to invest, trade, and/or speculate in the financial markets. Any investments, trades, and/or speculations made based on this Website, or any Content derived therefrom, are committed at your own risk. We will not be liable for any action you may take or decision you may make in reliance on this Website or any Content accessed or derived from this Website.
The Website may contain Content from third parties or hyperlinks to third-party web sites (“Other Sites”). This third-party Content might contain errors, omissions, inaccuracies, outdated information, or inadequacies. If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The third-party Content or Other Sites may be subject to their own terms and conditions. If any of the terms and conditions of use contained in this Agreement conflict with any terms and conditions applicable to the third-party Content or the Other Sites, then the terms and conditions of the third-party Content or the Other Sites shall govern the use of that third-party Content or Other Site; however, no terms and conditions applicable to the third-party Content or the Other Sites shall in any way change the terms or conditions of this Agreement as to rights and obligations between you and Research Recap or your usage of this Website.
Research Recap makes no representation or warranty as to the completeness, accuracy, adequacy, legality or reliability of any Content from such third parties or Other Sites and will not be liable for any lack of the foregoing. Your dealings with any third party found on or through the Website including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and such third party. You agree that Research Recap will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website.
Descriptions of, or references or hyperlinks to, third-party Content or Other Sites (or any other products, services or publications within the Website) do not imply endorsement of by Research Recap of that third-party Content, Other Site, product, service or publication. The Website is only providing these to you as a convenience.
Contributions
We welcome comments from users on the Website. However, we reserve the right to edit or reject any such comments prior to posting on the Website, if in our sole and exclusive discretion we deem them unsuitable for the Website for any reason.
No Warranties
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, DATA, HYPERLINKS, SITE-LINKS OR ANY PRODUCT OR SERVICE DERIVED, ACCESSED, LICENSED AND/OR PURCHASED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS. RESEARCH RECAP DOES NOT AND CANNOT GUARANTEE THE LEGALITY, COMPLETENESS, ACCURACY, ADEQUACY, OR RELIABILITY OF ANY OF THE FOREGOING. RESEARCH RECAP DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED; OR BE ACCURATE, COMPLETE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT OF THE LAW, RESEARCH RECAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, WITH REGARD TO: (I) THE WEBSITE; (II) THE CONTENT; AND/OR (III) ANY PRODUCTS, SERVICES OR CONTENT OFFERED THROUGH THE WEBSITE, OR THROUGH LINKS TO THIRD PARTIES OR OTHER SITES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RESEARCH RECAP, ITS LICENSORS, ITS CONTENT PROVIDERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF SUCH ENTITIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, CONSEQUENTIAL DAMAGES OR LOST PROFITS) WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, ARISING OUT OF OR RELATING TO: (I) THE WEBSITE; (II) THE CONTENT; (III) ANY PRODUCTS, SERVICES OR CONTENT OFFERED THROUGH THE WEBSITE OR THROUGH LINKS TO THIRD PARTIES OR OTHER SITES; (IV) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (V) ANY ERROR, OMISSION OR OTHER INACCURACY ARISING OUT OF OR RELATING TO THE WEBSITE, CONTENT OR PRODUCTS OR SERVICES PROVIDED ON OR OFFERED THROUGH THE WEBSITE; AND/OR (VI) THE RESULTS OF YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, CONTENT, PRODUCTS OR ANY SERVICES PROVIDED ON OR OFFERED THROUGH THIS WEBSITE, OR FOR THE INABILITY OR FAILURE TO CONDUCT BUSINESS AS A RESULT THEREOF. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF FORESEEABLE OR EVEN IF RESEARCH RECAP, ITS LICENSORS, ITS CONTENT PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL RESEARCH RECAP, ITS LICENSORS, ITS CONTENT PROVIDERS OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF SUCH ENTITIES BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR OR ANY THIRD PARTY’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, LOST DATA, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT.
Indemnity
You agree to defend, indemnify and hold harmless Research Recap, its licensors, its content providers and the directors, officers, employees, or other representatives of such entities with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these terms and conditions of use, including, without limitation: (i) your use of the Website; (ii) your use or receipt of the Content, or products or services offered through the Website or links to third parties or Other Sites; and/or (iii) your violation of these terms and conditions of use or any law, rule or regulation. You agree not to settle, compromise or pay any claims, demands, proceedings, suits, actions or causes of actions that are brought against the foregoing persons under this Section without the prior written approval of such person.
Governing Law, Jurisdiction and Venue
THESE TERMS AND CONDITIONS OF USE AND THEIR INTERPRETATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND/OR THE CONTENT.
Any controversy or claim arising out of or relating to these terms and conditions of use, the Website and/or the Content that cannot be resolved informally shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of
Research Recap may, in its sole discretion, terminate or suspend access to all or part of the Website with or without cause and without prior notice. These terms and conditions of use shall survive expiration or termination of this Agreement.
Changes to These Terms
We reserve the right to update these terms and conditions of use from time to time without notice to you. It is important for you to refer to these terms and conditions of use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made. Your continued use of the Website constitutes your acceptance of such modified terms and conditions of use.
