1. Acceptance of the Terms of Service
Terms of Service
By accessing, linking to, or using this site you confirm your acceptance of these Terms of Service (the “TOS”). EPAM Systems, Inc. (“EPAM”) reserves, and shall have, the right to amend, remove, or add to the TOS at any time. EPAM shall make you aware of such amendments which shall be effective immediately. Your access, link to, or use of the Services (as defined below), after the effective date of the amended TOS will constitute your acceptance of the TOS, as amended.
2. Description of Services and License
EPAM provides you with a multitude of resources, including a revolutionary search engine for the acquisition of information from a variety of financial and economic analytic sources, and the ability to perform personalized searches for your unique needs (the “Services”). You acquire absolutely no rights or licenses in or to the Services other than the limited right to utilize the Services in accordance with these TOS.
3. Third Party Content
As part of the Services, EPAM may occasionally link to, or promote websites, services, content or data from other companies or offer the user the ability to download digital files created by other companies (“Third Party Content”). EPAM takes rigorous steps to verify and validate the truthfulness and accuracy of information contained in the Third-Party Content, however, the Third Party Content is ultimately under the control, and are the sole responsibility, of the owners and operators of such other companies. YOU AGREE THAT EPAM, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS ARE NOT RESPONSIBLE FOR, AND DO NOT CONTROL THIRD PARTY CONTENT, AND THAT EPAM SHALL HAVE NO LIABILITY FOR ANY MISINFORMATION, INACCURACIES CONTAINED THEREIN, OR FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF RELYING ON THIRD PARTY CONTENT INCLUDING, WITHOUT LIMITATION, (A) ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION, (B) ANY INACCURACIES OR ERRORS IN OR OMISSIONS IN SUCH INFORMATION (C) DELAYS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICES. SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES. YOU FURTHER AGREE THAT ANY USE OF FINANCIAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR INVESTMENT PURPOSES OR PURCHASE OF COMMODITIES, FUTURES, EQUITY, DEBT, OR FOREIGN CURRENCY, SHALL BE MADE AT YOUR SOLE DISCRETION AND RISK. EPAM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF ANY THE CONTENT PROVIDED, OR AS TO THE FITNESS OF ANY INFORMATION PROVIDED FOR ANY PURPOSE.
4. Use of Services and Restrictions on Use
You agree that you shall not use the Services for any illegal purpose or in any manner not consistent with the TOS. You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these TOS. You agree to use the Services solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
Except as expressly permitted by us in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Services, except that you may download material from the Services and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices.
You agree to defend, indemnify and hold harmless, EPAM and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services, any breach or alleged breach of the TOS or any infringement of the copyright, trademark, service marks, proprietary or other rights of any third parties to the extent that the liability, claims, damages and expenses are a result of negligence or willful misconduct on your part.
6. Proprietary Rights
You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Third Party Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You further agree not to resell or distribute any of the said protected information or Third Party Content to any third party or to use it in any way which may cause any kind of damage to EPAM or infringe on the property rights of owners of such protected information or Third Party Content.
“InfoNgen” is a trademark of EPAM Systems, Inc. All rights are reserved. All other trademarks which you may encounter while using the Services are the property of their respective owners.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER AGREE THAT EPAM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
- EPAM MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPAM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY HERETO, NOR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE TO THE OTHER PARTY HERETO, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR SUCH PARTY OTHERWISE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM ANY USE OF THIS SITE AND SERVICES. EXCEPT FOR FEES DUE AND OWING BY YOU FOR THE SERVICES AND THE INDEMNIFICATION IN SECTION 5, NEITHER EPAM NOR YOU SHALL BE LIABLE FOR DAMAGES IN EXCESS OF, AND LIABILITY SHALL BE LIMITED TO USD $100.
You agree that EPAM, in its sole discretion, may terminate, change or limit all or any of the Services, or their availability to you, notice at any time and without prior notice, with or without cause. If EPAM terminates any of the Services without cause, EPAM shall refund on a pro rata basis any pre-paid unused fees for such terminated Services. You agree that you may terminate the agreement for convenience at any time without prior written notice, with or without cause. If you terminate the agreement without cause, all subscription fees already paid for future periods will be forfeited. Any unpaid fees for services already performed will be payable immediately.
11. Copyrights and Copyright Agent
EPAM respects the rights of all copyright holders and has implemented a policy that provides for the protection of the rights of copyright holders. If you believe that your work has been used in a way that constitutes copyright infringement, please provide EPAM’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Copyright Agent EPAM Systems, Inc.
EPAM Systems, Inc.
41 University Drive, Suite 202, Newtown, PA 18940
Phone: +1 267-759-9000 ext. 56612
Fax: +1 267-759-8989
12. Entire Agreement
These TOS and the parties’ InfoNgen Subscription Agreement constitutes the entire understanding and agreement and supersedes any prior or contemporaneous agreements between you and EPAM with respect to the subject matter hereof.
The descriptive headings contained in these TOS are for convenience only and shall not affect the meaning or interpretation of these TOS.
14. Partial Invalidity
If any provision of these TOS is invalid, such invalidity shall not in any way effect the validity and enforceability of all the other terms and conditions of the TOS.
15. Governing Law
These TOS shall be governed by, and construed in accordance with, the laws of the State of Delaware.