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Agreement Between Customer (Site Visitor) and NewVista Advisors, Inc.
1.1 This Web Site
is offered to you, the customer, by NewVista Advisors, Inc. of 22
Indian Wells Road, Brewster, New York 10509.
1.2 When using
this Web Site you are bound by these terms and conditions.
1.3 If you do not
agree with these terms and conditions then you are not authorized to
use this Web Site.
1.4 NewVista
Advisors, Inc. reserves the right to change the terms, conditions,
and notices under which this Web Site is offered.
2. Personal and
Non-Commercial Use Limitation
2.1 This Web Site
is for your personal and non-commercial use.
2.2 You are not
permitted to modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from this Web Site.
2.3 As a condition
of your use of this Web Site, you warrant to NewVista Advisors, Inc
that you will not use this Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
3. Copyright and
Trademark Notices
3.1 All contents
of this Web Site are Copyright © 2003 NewVista Advisors, Inc. All
rights reserved.
3.2 Other product
and company names mentioned on the Web Site may be the trademarks of
their respective owners.
4. Liability
Disclaimer
4.1 The
information, software, products, and services published on this Web
Site cannot be guaranteed to be free from inaccuracies or
typographical errors.
4.2 From time to
time content of the Web Site may be changed.
4.3 NewVista
Advisors, Inc. and its affiliates and / or its respective suppliers
may make improvements and / or changes in this Web Site at any time.
4.4 NewVista
Advisors, Inc. and / or its respective suppliers make no
representations about the suitability of the information, software,
products, and services contained on this Web Site for any purpose.
4.5 NewVista
Advisors, Inc. shall use reasonable care and skill in carrying out
the services contained in this Web Site.
4.6 NewVista
Advisors, Inc., its affiliates, and / or its respective suppliers
hereby disclaim all warranties, terms and conditions with regard to
this information, software, products, and services, including all
implied warranties, and conditions, of merchantable quality, fitness
for a particular purpose, title, and non-infringement.
4.7 In no event
will either NewVista Advisors, Inc., its affiliates or its suppliers
be liable for any direct, consequential, incidental, or special
damage or loss of any kind (including without limitation loss of
profits, loss of contracts, business interruptions, loss of or
corruption to data) however caused and whether arising under
contract, tort, including negligence or otherwise arising out of or
in any way connected with the use of this Web Site or with the delay
or inability to use this Web Site, or for any information, software,
products, and services obtained through this Web Site, or otherwise
arising out of the use of this Web Site (including, but not limited
to, loss of use, data, profits, savings or opportunities), whether
based on contract, tort, strict liability or otherwise, even if
NewVista Advisors, Inc., its affiliates, or any of its suppliers has
been advised of the possibility of damages.
4.8 NewVista
Advisors, Inc., its affiliates and / or its respective suppliers
shall not be liable for direct loss arising out of the use of this
Web Site, whether based on contract, tort, strict liability or
otherwise.
5. Third-Party
Sites
5.1 This Web Site
may contain hyperlinks to web sites operated by parties other than
NewVista Advisors, Inc.
5.2 Such
hyperlinks are provided for your reference only. NewVista Advisors,
Inc. has no control over such web sites and cannot be held
responsible for their contents.
5.3 By inclusion
of such hyperlinks NewVista Advisors, Inc. does not in any way
endorse of any material on such web sites or any association with
their operators.
6. This Web Site
6.1 Any software
that is made available to download from this Web Site ('Software')
is the copyrighted work of NewVista Advisors, Inc. and / or its
affiliates and / or suppliers.
6.2 Your use of
the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the
Software ('License Agreement').
6.3 You may not
install, copy or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the License Agreement
terms.
6.4 For any
Software not accompanied by a License Agreement, NewVista Advisors,
Inc. hereby grants to you, the user, a personal, non-transferable
license to use the Software for viewing and otherwise using this Web
Site in accordance with these terms and conditions and for no other
purpose. By installing, copying or otherwise using the Software you
agree to be bound by the terms and conditions of this license.
6.5 Please note
that all Software, including without limitation all HTML code,
Active X controls and other script contained in this Web Site, is
owned by NewVista Advisors, Inc. and / or its suppliers and is
protected by copyright laws and international treaty provisions. You
may only make copies of the Software for backup or archival
purposes. Any other reproduction or redistribution of the Software
is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent possible. You may not reverse engineer, de-compile or
disassemble the Software except and only to the extent that law
notwithstanding this limitation expressly permits such activity.
6.6 Without
limiting the foregoing, copying or reproduction of the Software to
any other server or location for further reproduction or
redistribution is expressly prohibited. The Software is under
warranty, if at all, only according to the terms of the license
agreement.
7. General
7.1 This agreement
is governed by the laws of United States. You hereby consent to the
exclusive jurisdiction of the U.S. courts in all disputes arising
out of or relating to the use of this Web Site. Use of this Web Site
is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without
limitation this paragraph.
7.2 NewVista
Advisors, Inc. may, and you may not, assign, convey, subcontract or
delegate rights, duties or obligations hereunder.
7.3 You accept
that no joint venture, partnership, employment, or agency
relationship exists between you and NewVista Advisors, Inc. as a
result of this agreement or use of this Web Site.
7.4 If any part of
this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall
continue in effect.
7.5 This agreement
constitutes the entire agreement between the customer and NewVista
Advisors, inc., with respect to this Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between the customer and NewVista
Advisors, Inc. with respect to this Web Site.
7.6 A printed
version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records
originally generated and maintained in printed form.
7.7 Fictitious
names of companies, products, people, characters, and / or data
mentioned herein are not intended to represent any real individual,
company, product, or event.
7.8 Any rights not
expressly granted herein are reserved. © NewVista Advisors, Inc.
2003
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