Terms & Privacy

Securities Technology Analysis Center Web Site - Terms of Use and Privacy Policy
Updated 13 April 2008
TERMS OF USE

Your Agreement

This Web Site is owned and operated by the Securities Technology Analysis Center, LLC ("STAC") and is made available to you for informational purposes only.  The Web Site provides benchmark reports on particular sets of technology.  Certain portions of the Web Site (in particular, those portions allowing users to download reports) may be accessed only by those individuals properly authorized by STAC (the "Restricted Areas").  You agree to fill out a registration form on the Web Site in order to gain access to the Restricted Areas.  You represent and warrant that all information submitted by you during the registration process ("Registration Data") is complete and accurate, and you agree to update your Registration Data in the event that such data changes in the future.  STAC retains the right to accept or reject any such registration in its sole discretion.  Please review our Privacy Statement below with respect to our policies governing your Registration Data.   Please note that we may update our Privacy Statement from time to time, so we encourage you to revisit it occasionally.

By accessing or using this Web Site, you agree to these Terms of Use as well as the Privacy Statement.  You will be required to check an appropriate box as part of the registration process in order to indicate your assent to these Terms of Use and Privacy Statement prior to using or accessing the Restricted Areas.

Your Use of the Web Site

You may access the Restricted Areas of this Web Site only through use of an authorized User ID and password.  You are solely responsible for maintaining the confidentiality of your User ID and password, and you shall be deemed responsible for all use of the Web Site through your User ID and password.  Under no circumstances may you transfer your User ID and password to any other person or organization or otherwise permit any third party to use your User ID and password to access the Restricted Areas.

You may display and electronically copy, download and print hard copy portions of the material contained on the Web Site for your own use, provided that you do not modify or delete any copyright, trademark or other proprietary notices.  You may share each unique document you download from the Web Site with no more than 10 other individuals.  We encourage you to direct others to www.STACresearch.com to access documents.  Any other use of materials on the Web Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Web Site, without the prior written permission of STAC, is strictly prohibited.

Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by STAC or its third party providers.  When you download these materials, they are provided to you by STAC under a license that is revocable at any time, with or without cause. 

Proprietary Rights

You acknowledge that this Web Site, any software used in connection with the products and services provided on this Web Site, and all content contained on this Web Site, are owned by STAC or its third party providers and contain or consist of proprietary and confidential information that is protected by applicable intellectual property and other laws.  STAC retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the Web Site. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

The logos, trade names, and product and service names contained on this Web Site are the trademarks and service marks of STAC or its third party providers.  You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of STAC.  STAC also retains ownership of the "look and feel" of this Web Site, including color combinations, buttons, layout, and other graphical elements.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.

Disclaimer

STAC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE'S CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS WEB SITE SUPPLIED BY STAC TO YOU OR ANY THIRD PARTY.  THIS WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  STAC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  STAC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL STAC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF STAC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEB SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless STAC, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Web Site using your User ID and password.

Links to Other Web Sites

This Web Site may provide access to other Web Sites.  STAC does not control these sites, and you access them solely at your own risk. STAC also does not endorse or approve any products or information offered at web sites you reach through this Web Site.  Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this STAC Web Site or have moved to another web site.

Jurisdiction

Any claim relating to the Web Site or your use of it shall be governed by the internal substantive laws of the State of Illinois, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site shall be in the state or federal courts located in Chicago, Illinois.

Modification of the Web Site and these Terms of Use

STAC does not promise that any materials or information provided by you on this Web Site will remain available to you.  STAC is entitled to terminate all or any portion of this Web Site at any time, without notice to you.  STAC also reserves the right to change the terms, conditions, and notices under which this Web Site is offered, and your use of the Web Site following any such changes shall be deemed to constitute your consent to such modified Terms of Use.  You agree to regularly review these Terms of Use to verify whether they have been changed.

Termination

STAC may terminate your access to this Web Site at any time with or without cause and without prior notice.  In the event of termination of such access, you acknowledge that any material, data and information you have submitted to STAC on this Web Site may be lost or may otherwise no longer be available to you.  If you would like to cancel your registration with us, you may send an email to us through the "Contact" section of this Web Site.

Miscellaneous

You acknowledge and agree that, in the event of any breach of these Terms of Use by you, STAC may be irreparably and immediately harmed and might not be made whole by monetary damages alone.  Without prejudice to any rights and remedies otherwise available, tbdCorp shall be entitled to equitable relief by way of injunction in the event of a breach of any provision of these Terms of Use.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.  This is the entire agreement between you and STAC regarding all aspects of your use of this Web Site. 
The provisions of these Terms of Use that, by their nature and content, must survive the completion, rescission, termination or expiration of these Terms of Use in order to achieve the fundamental purposes of these Terms of Use (including but not limited to the provisions entitled "Proprietary Rights," "Material You Submit," "Disclaimer," "Limitation of Liability," "Indemnification," "Jurisdiction," and "Termination") shall so survive and continue to bind the parties.

PRIVACY STATEMENT

This Privacy Statement relates to our online information collection and use practices.  The Web Site is owned and operated by the Securities Technology Analysis Center ("STAC") and its affiliates.  We may update this Privacy Statement from time to time, so we encourage you to revisit occasionally.
 
Your use of the Web Site indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Statement. In addition, please review the Terms of Use that governs your use of the Web Site.  If users have questions or concerns regarding this statement, they should first contact us by sending an email through the "Contact" section of this Web Site.

WHAT PERSONAL INFORMATION ABOUT YOU DO WE COLLECT?

On the Web Site you will be required to provide personally identifiable information in order to access certain products and services.  The questions we ask are intended to ascertain that you are a qualified user of these products and services or that you are a serious potential candidate for them. If you choose not to provide us with the requested information, you will not be able to access all of the Web Site’s content, products and/or services.

NOTE TO PARENTS/CHILDREN'S PRIVACY

Protecting children's privacy is important to us. For that reason, we do not collect or maintain information at our Web Site from those we actually know are under 13, and no part of our Web Site is targeted to attract anyone under 13. We request that all visitors under 13 to our Web Site not disclose or provide any personally identifiable information. If we discover that a child under 13 has provided us with personally identifiable information, we will delete the child's personally identifiable information from our records.

OTHER INFORMATION WE COLLECT

Log Data: When you visit the Web Site, our web servers automatically collect anonymous information that describes how our visitors use and navigate our Web Site, and which includes the number and frequency of visitors to each web page and the length of their stays, as well as the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Web Site, and IP addresses. We also may determine what technology is available through your browser in order to serve you the most appropriate version of a web page.

IP Addresses: An IP address is a number that is assigned to your computer when you are on the Internet. When visitors request pages from our Web Site, our servers log the visitor's IP address. We may collect IP addresses for a variety of internal purposes, such as system administration and to audit the number of visits to different pages on our Web Site.

Cookies: A cookie is a piece of data stored on the user’s computer tied to information about the user.  We may use cookies for a number of purposes, such as tracking usage patterns on the Web Site or matching the most relevant Web content to your particular needs (such as previously disclosed interests or geographies). We will not use cookies to retrieve information from your computer that was not originally sent by us to you in a cookie.
 
You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies. You should consult with your browser's provider/manufacturer if you have any questions regarding disabling cookies.

HOW WE USE AND DISCLOSE THE INFORMATION WE COLLECT

We use the personally identifiable information you provide in order to provide the information or content you have requested, to contact you about our programs, products, features or services, for internal business purposes such as billing or customer service, or for other purposes disclosed at the time of collection. If you do not wish to receive information about our programs, products, features or services, you may send an email to us through the "Contact" section of this Web Site.

We use non-identifying information collected on our Web Site in the aggregate to better understand your use of the Web Site and to enhance the quality of your experience. For example, we may use the information to improve the design and content of our Web Site or to analyze the programs and services we offer. We may also share non-identifying aggregate information with third parties. Occasionally, STAC may share your personally identifiable information (such as name, job title, email address, or phone number) with select third parties. If you do not want your personally identifiable information shared with third parties, please check the “Opt out” box on the registration page.  You may change your decision at any time by returning to the registration page and un-checking the “Opt out” box.

We may employ other companies and individuals to perform functions on our behalf. Our employees, agents and contractors who have access to personally identifiable information are required to protect the information in a manner that is consistent with this Privacy Policy.

We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of the Web Site or the public. In those instances, the information is provided only for that purpose.

In the event STAC goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.

We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.

HOW TO ACCESS OR CORRECT INFORMATION OR MODIFY YOUR CHOICES

If you visit our Web Site and volunteer personally identifiable information, you may visit the registration area of the Web Site where you will have the opportunity to access certain of your personally identifiable information and correct errors in such information. You will be required to enter your user name and password before you will have access to your information. It may take us up to forty-eight hours within a standard work week to process your changes, but we will do so as quickly as we can. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. Please be aware that your ability to opt out from receiving marketing and promotional material does not change our right to contact you regarding your use of our Web Site or changes to our Privacy Policy, Terms of Use, or other policy or terms that affect you or your use of our Web Site.

THIRD PARTY CONTENT

When you are on our Web Site, certain content may be created or hosted by a third party. Such third parties may drop cookies and/or use other techniques which may be used to identify some of your preferences or to recognize you if you have previously been to their web site or otherwise had contact with them. We do not control the use of such technology by third parties, the information they collect, or how they use such information.  Such third parties' use of cookies is subject to their own privacy policies, which may differ from this one.  We do not disclose your personally identifiable information to third parties serving content on the Web Site in connection with the serving of such content.  Such third parties do not have access to our cookies.

DATA SECURITY

We appreciate the importance of maintaining the security and accuracy of personally identifiable information we collect. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

CONSENT TO TRANSFER

The Web Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

LINKS

The Web Site may contain links to other sites.  Please be aware that STAC is not responsible for the privacy practices of such other sites.  We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web Site that collects personally identifiable information.  This privacy statement applies solely to information collected by our Web Site.



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