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Terms of Use
Effective as of March 22, 2005Terms of Use Welcome! Thank you for visiting our web site located at http://www.scarboroughalliance.com (the "Site"). Please carefully review the following Terms of Use ("Terms of Use") before continuing on this Site. These Terms of Use are a legal document that governs your use of the Site and any material on it. By using the Site, you agree to and accept these Terms of Use. If you do not agree with these Terms of Use and do not wish to be bound by them, please exit the Site and do not use the Site in the future. We may, at any time, modify, change or add to these Terms of Use, and any such modifications will be effective immediately upon posting on the Site. We suggest that you periodically check these Terms of Use for modifications. Your continued use of the Site following the posting of any change signifies your acceptance of those changes. The Site is intended for use only by visitors who are located in the United States. Privacy Statement Please review our Privacy Statement, which also governs your visit to the Site, to understand our privacy practices. Who We Are In these Terms of Use, the words "Scarborough," "we," "us" and "our" refer to Scarborough Alliance Corporation, and the "Scarborough Companies" refers to Scarborough together with its affiliated companies (including, but not limited to, Scarborough Capital Corporation and Scarborough Securities Corporation). Ownership of the Site The Site and all of its contents (including, but not limited to, text, graphics, audio clips, logos, buttons, images, downloads, data compilations, software, icons, html code and xml code) as well as all copyright, trademark and other rights therein, are owned by the Scarborough Companies or their third-party information providers and are protected by United States and international intellectual property laws. Your Right to Use the Site Scarborough grants you a limited, nontransferable right to view, store, bookmark, download and print pages of the Site solely for your personal, noncommercial purposes, provided that if you copy any materials from the Site, you must not remove any copyright or other proprietary notices from the copies. You may not make any use of the Site other than as permitted by the preceding sentence. Without limitation, you may not copy, distribute or otherwise use any of the contents of the Site for non-personal or commercial purposes. You may not place a link to the Site on any other web site, or frame the Site within another web site, without our prior, written permission. Also, you may not interfere or attempt to interfere with the proper operation of the Site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to the Site through hacking, password mining or any other means. We reserve the right, in our sole discretion, to suspend, discontinue, modify or restrict the use and availability of this Site or any portion therein, at any time without notification. Links to Third Party Web Sites The Site may contain links to third party web sites such as www.mybenefitplan.com and www.netxclient.com. Any such links are provided for your convenience only. We do not control the companies that provide those web sites, and we are not responsible for their practices (including privacy practices). Security of Your Account Login Information You may be provided access to your account information through the Site or through a third party web site linked to from the Site. In such event, you are responsible for maintaining the confidentiality of all account information, as well as any user IDs, logins, personal identification numbers (PINs) and other passwords (collectively, "Login Information") necessary to access your account. You are responsible for logging off of your account completely when you are done accessing your account. Further, you are fully responsible for any activities occurring under your accounts that result from your negligence, carelessness or failure to use or take appropriate security measures. You must notify Scarborough immediately if any of your Login Information has been lost or stolen, if you believe the confidentiality of your Login Information has been compromised in any way, or if you learn about a possible or actual unauthorized use of your Login Information or other suspicious or unauthorized conduct concerning your account. Neither Scarborough nor any of the other Scarborough Companies will be liable for any loss or damage arising from your failure to comply with this paragraph. Disclaimer of Warranty We are providing access to the Site and its contents as a convenience to you. The Site and its contents are provided AS IS. The data, information and content on this Site are for information, education and noncommercial purposes only. Although Scarborough may provide data, information and content relating to financial planning (including, but not limited to, retirement planning, mutual funds, investment allocations, fees and expenses, retirement illustrations, variable annuities, IRAs and other financial accounts) you should not construe any such information as tax or legal advice. All illustrations are for informational purposes only and returns are based on past performance and in no way represent a guarantee of future results. You are responsible for evaluating the information provided to you and any risk and reward associated with the material before making any decision based on data, information and content on this Site. Neither we nor any of our suppliers assume any responsibility for the accuracy of any information contained on the Site, for any interruptions or errors in accessing the Site, or for any viruses or other harmful components contained on or site or the server from which the Site is made available. We reserve the right to revise the Site or withdraw access to the Site at any time. NONE OF THE SCARBOROUGH COMPANIES OR ANY OF THEIR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL ANY OF THE SCARBOROUGH COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF THE SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RESULTING FROM ACCESS TO OR OTHER USE OF THE SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE, EVEN IF SCARBOROUGH IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law. Indemnification You agree to indemnify, defend, and hold the Scarborough Companies and their respective officers, directors, employees, agents, suppliers and successors, harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of the Site. Governing Law and Jurisdiction These Terms of Use, and all matters arising directly or indirectly from your access to or other use of the Site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Severability If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Terms of Use. Entire Agreement These Terms of Use constitute the entire agreement between you and us with respect to the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. Contact Us If you have any customer service questions or would like contact information so that you can reach us, please click the Contact Us link on the Site. |
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