Updated October 18, 2010
AMERICAN BUSINESS ANALYTICS AND RESEARCH, LLC
It also sets out specific terms for the use of our Subscription Newsletter (in particular, limits on sharing or distribution of our material), and Chart Services (limits on their use and what we require of users.)
This ABAR Site is designed to allow users to access ABAR’s proprietary content.
By using the ABAR Site, you signify that you have read, understand and agree to be bound by these Terms no matter if you are a casual visitor to the Site or a registered member. ABAR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE.
Copyrights and Other Proprietary Rights in Content on ABAR
All content on the Site, including but not limited to articles published on or through this Site or otherwise accessed on this Site and all design, text, graphics, other files, and their selection and arrangement on this Site (the “Content”), are the proprietary property, inclusive but without limit of all copyrights, of ABAR or its advertisers, partners or licensors.
All rights reserved. Except as expressly provided herein, the Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ABAR’s prior written permission. Additionally, you shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. In addition to all other restrictions contained herein, you may not republish or use any Content on any internet, intranet or extranet site, or on any other tangible or intangible media or incorporate the information in any other database or compilation without first obtaining ABAR’s prior written consent, except for the following: you may re-publish any charts on the Site in accordance with the Chart Terms found here: Using Our Charts, Incorporated herein for all purposes, provided that you keep all copyright or other proprietary notices intact. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Site are either trademarks of ABAR or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ABAR.
YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.
Links to other websites and this Site
The material appearing on this Site is based on data and information from sources we believe to be accurate and reliable. However, the material is not guaranteed as to accuracy nor does it purport to be complete. Opinions and projections, both our own and those of others, reflect views as of dates indicated and are subject to change without notice. The contributions and opinions of others do not necessarily reflect the views of John Williams’ Shadow Government Statistics. Nothing appearing on this website should be considered a recommendation to buy or to sell any security or related financial instrument. To the furthest extent allowed by law, under no circumstances will ABAR be responsible for any loss or physical damage, including personal injury or death, resulting from anyone’s use of the Site, or any interactions between users of the Site, whether online or offline. THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED “AS-IS” AND WITH ALL FAULTS AND ABAR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. ABAR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. ABAR is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Site advertisers or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site.
Limitations on Use and General Acknowledgements and Representations
You understand that the Site is available for your personal, non-commercial use only.
If you elect to register for additional service/product offerings through this Site you agree that all information provided or submitted by you related to your membership account shall be true, accurate, correct, and complete for all purposes and you will maintain and promptly update your membership information from time to time to ensure the continual accuracy of your information. If ABAR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABAR shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
A subscription to the Site is for your personal use and may be shared by close family members, or by up to three co-workers in an office.
You further agree not to harvest or collect email addresses or other contact information of members from the Site by or through (directly or indirectly) electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL ABAR BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE, EVEN IF ABAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, ABAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU DIRECTLY TO ABAR FOR SERVICES PROVIDED TO YOU VIA THE SITE.
Governing Law and Venue
This agreement and performance under this agreement shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within San Francisco California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
You agree to indemnify and hold ABAR, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party.
Age Requirements; Parental Notification and Responsibility
You represent that you are at least 18 years of age; provided that if you are under the age of eighteen (18) (a) your parent and/or guardian consents to the terms of these Terms and (b) your registration and membership to the Site shall only be processed upon confirmation of consent and authorization of your parent(s) and/or legal guardian(s) or by demonstration that you have been deemed an “emancipated minor” by a court of competent jurisdiction. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Site and if you are under fourteen (14) years of age you are not allowed to provide ABAR any personally identifiable information. You acknowledge if you provide ABAR any personally identifiable information and are under the age of fourteen (14), ABAR will make every effort to destroy/delete that information.
If you are a parent of a minor that has accessed this Site in violation of the terms of this Agreement, please contact us immediately at in order to allow us to terminate your child’s membership and remove all information provided by your child to the Site. Please be aware that while ABAR attempts to ensure inappropriate web sites are not included among its linked sites, parents and guardians are ultimately responsible for monitoring their child’s use of the Site.
ABAR’s Right to Terminate and Other Restrictions
Site registration/membership is void where prohibited. By using the Site, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement.
ABAR may terminate your membership or your access to all or portions of the Site for any reason or no reason at any time, in ABAR’s sole discretion.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding your use of the Site, and with respect to online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold ABAR harmless for any violation of any such law arising out of or related to your use of the Site.
These Terms constitute the entire agreement between you and ABAR regarding the use of the Site, superseding any prior agreements between you and ABAR relating to your use of the Site. The failure of ABAR to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.