THE FIDELITY ADVISORY NETWORK, L.L.C. ("FAN") PROVIDES ALL INFORMATION AND MATERIALS ON THIS WEB SITE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTES YOUR AGREEMENT WITH THE FOLLOWING::
COPYRIGHT © 2010 Fidelity Advisory Network, L.L.C. All Rights Reserved.
FAN and/or its licensors own all rights, title and interest in and to this web site and all components thereof, including, without limitation, all data, text, information, graphics, pages and screens displaying the pages and other materials and the structure, sequence and organization thereof ("Materials") appearing on and/or generated by this Site, including all copyright, trademark and other intellectual property rights therein. You may view, download, print or distribute Materials for your personal and non-commercial use only, provided you do not obscure or remove any copyright or other notices. You may not otherwise copy, reproduce, publish, display, distribute, commercially exploit, modify, reverse engineer, disassemble, translate, adapt, create derivative works from, transfer or sell in any form or by any means any portion of this Site (including, but not limited to, any Materials), any underlying computer code or other aspects of the Site.
“Fidelity Advisory Network” and the column design are service marks of Fidelity Advisory Network, L.L.C. FAN may also claim rights in other marks on this site. No license is granted for the use of any mark, whether owned by FAN or another, contained on this Site.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by the applicable terms and conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.
RESTRICTIONS ON E-MAIL COMMUNICATION.
This Site enables you to electronically communicate by sending electronic ("e-mail") messages to FAN and/or its employees and representatives. In your use of this Site, FAN shall not be liable for any actions taken or any omissions to act as a result of any e-mail message(s) sent to FAN and/or its employees and representatives.
LINKS TO OTHER WEB SITES.
As a convenience to you, this Site may provide links to other Web sites. The inclusion of any such link does not imply any type of endorsement by FAN of the linked site, its operators or any of the content, advertising, information, links, products, services or other material available on or through such sites. FAN has no control over the linked sites and is not responsible or liable for any content, advertising, information, links, products, services or other materials available on such sites. FAN is not responsible for the privacy practices of these linked sites. FAN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, information, links, products, services or other material available on or through any such linked site.
SECURITY AND USE OF PASSWORD.
Certain additional information and services available on this Site are accessible to you if you have been provided with a Username and Password ("Password User”). You, as a Password User, are solely responsible for (1) maintaining the confidentiality of the password and user ID, and (2) all activities that occur by users of the password and user ID. The Password User shall immediately notify the FAN Network Administrator of any loss or theft of the password, or if the confidentiality of the password has otherwise been compromised in any way. FAN will not be responsible or liable for any loss, expense, or damage arising in any way from use of the password and user ID and/or the accessing of information or materials therewith.
FIDELITY ADVISORY NETWORK ACCEPTS NO RESPONSIBILITY FOR AND MAKES NO WARRANTIES OF ANY KIND REGARDING THE SUITABILITY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO USE OF THE SITE AND ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIDELITY ADVISORY NETWORK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL FIDELITY ADVISORY NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE SITE OR ANY HYPERLINKED SITE, (2) THE DELAY OR INABILITY TO USE THE SITE IN WHOLE OR IN PART, (3) ANY RELIANCE BY YOU ON INFORMATION PROVIDED ON OR THROUGH THIS SITE OR ANY HYPERLINKED SITE, OR ON THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, (4) ANY USE BY YOU OF E-MAIL, OR (5) TERMINATION OR MODIFICATION BY FIDELITY ADVISORY NETWORK OF THE SITE OR ANY SERVICES OR INFORMATION PROVIDED THEREON, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, THE FIDELITY ADVISORY NETWORK SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, VIA USE OF THE SITE, OF A COMPUTER VIRUS OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.