READ THE FOLLOWING TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE
"Converge", "Converge Private Stock" are trademarks and/or
service marks of PCG Trading, LLC d/b/a Converge. For additional information on Converge,
please see www.converge.com . Unless
otherwise noted on the Site, all other trademarks, service marks, and logos
used in this Site are the trademarks, service marks or logos of their
LICENSE GRANT & OWNERSHIP BY CONVERGE
License. Subject to the terms and conditions of
this Agreement, and until termination of the Agreement, Converge grants you a
non-exclusive, non-transferable, limited license to view or print the Content
in this Site without alterations, for personal, non-commercial use only. This
limited license does not apply to any media or platform other than that of the
Ownership. All Content on the Site is (and shall
continue to be) owned exclusively by Converge, and is protected under
applicable copyrights, patents, trademarks, trade dress, and/or other
proprietary rights, and the copying, redistribution, use or publication by you
of any such Content or any part of the Site is prohibited. Under no
circumstances will you acquire any ownership rights or other interest in any
Content by or through your Site Use.
RESTRICTIONS ON USE
Prohibited Acts. Concerning your Site Use or any
Content, you agree not to knowingly: (i) use any device, software or technique
to interfere with or attempt to interfere with the proper working of the Site;
(ii) post or transmit to the Site any unlawful, fraudulent, harassing,
libelous, or obscene Information of any kind; (iii) post or send to the Site
any Information that contains a virus, bug, or other harmful item; (iv)
publish, perform, distribute, prepare derivative works, copy, reverse engineer,
or use the Content (other than as expressly permitted herein); (v) post or
transmit into or on the Site any Information in violation of another party's
copyright or intellectual property rights; (vi) take any action which imposes
an unreasonable or disproportionately large load on Converge’s infrastructure;
(vii) redeliver any of the Content using "framing", hyperlinks, or
other technology without Converge’s express written permission; or, (viii) use
any device or technology to provide repeated automated attempts to access
password-protected portions of the Site.
Right to Regulate & Law Compliance. You
acknowledge that Converge has
the right, but no obligation, to monitor the Site and to disclose any
Information necessary to operate the Site, to protect Converge, others, and
Converge's customers, and to comply with legal obligations or governmental
requests. Converge reserves the right to refuse to post or to remove any information
on the Site, in whole or in part, for any reason.
Law Compliance. You agree to comply with all
governmental laws, statutes, ordinances, and regulations (including unfair
competition, anti-discrimination or false advertising) regarding your Site use.
SITE USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected areas
of the Site, you agree to keep your password confidential, to send notice to
Converge within 24 hours if your password is compromised. You acknowledge that
Converge neither endorses nor is affiliated with any Linked-Site and is not
responsible for any information that appears on the Linked-Site. You
acknowledge that (i) the internet is a network of computers worldwide, and that
any Information submitted by you to Converge necessarily is routed via third
party computers to Converge, (ii) Converge is not responsible for lapses in
online security and does not assume liability for improper use of your
Information by a third party.
OF INFORMATION BY YOU
Grant of License to Converge. If you submit Information to the Site, you grant Converge
a nonexclusive, worldwide, royalty-free license to (in any media now known or
not currently known or invented) link to, utilize, use, copy, exploit, and
prepare derivative works of the submitted Information. No Information you
submit shall be deemed confidential. However, Converge agrees to use your
personally identifiable user data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR
OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO
Converge reserves the right to limit the provision of any product or service to
any person, geographic area or jurisdiction as it so desires, or as required by
law. Converge in its sole discretion may
add, delete or change the Content at any time, without notice to you.
RIGHTS & EXPORT CONTROLS
Government Use. The software and documentation available on the Site are
"commercial items," as that term is defined in 48 C.F.R. 2.101
(October 1995), consisting of "commercial computer software" and
related documentation, as such terms are used in 48 C.F.R. 12.212 (September
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S.
government end users acquire the software and documentation with only those
rights set forth herein. You acknowledge and agree to comply with all U.S. laws, regulations and requirements
applicable to the export of U.S.
origin products and technology.
LIMITED WARRANTY AND DISCLAIMER
DISCLAIMER OF WARRANTY. CONVERGE AND ALL CONTENT
PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON.
THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT
PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY
DISCLAIM ALL WARRANTIES BY CONVERGE RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE
THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE
INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS
OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST
PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE
SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS
TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain
laws (including consumer laws) which do not allow the exclusion of implied
warranties, or the exclusion or limitation of certain damages. If these laws
apply to you, the exclusions or limitations in this Agreement that directly
conflict with such laws may not apply to you.
CONVERGE. Should you desire to contact Converge, you may do so at: Converge,
4 Technology Drive, Peabody, MA.
01960. Phone: (978) 538-8000. Email. email@example.com
Location & Interpretation. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly for
or against any party.
Equitable Relief. You acknowledge that any
breach by you of the provisions of the Agreement will cause irreparable damage
to Converge or others and that a remedy at law will be inadequate. Therefore,
in addition to any and all other legal or equitable remedies, Converge and others
will be entitled to injunctive relief for any breach of this Agreement.
Severability. In the event that any of the
provisions of this Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
Complete Integration. This Agreement constitutes
the entire agreement between you and Converge pertaining to the subject matter
hereof. You agree to review this Agreement prior to any Site Use, and each Site
Use by you shall constitute and be deemed your unconditional acceptance of this
Agreement. This Agreement may be prospectively modified by Converge, by posting
a revised Agreement on the Site.
Termination. The Agreement may be terminated by
either Party, in its sole and absolute discretion, at any time and for any
reason (with or without cause), with or without notice. If the Agreement is
terminated, you agree to cease all Site use and, upon request by Converge, to
return all Information in your possession relating to the Site, and all copies
Survival of Certain Provisions. Any and all
provisions or obligations contained in this Agreement which by their nature or
effect are required or intended to be observed, kept or performed after
termination of this Agreement will survive the termination of this Agreement
and remain binding upon and for the benefit of the parties, their successors
and permitted assignees.
Waiver. No delay or omission to exercise any
right or remedy accruing to Converge upon any breach or default by you shall
constitute a waiver by Converge of any breach or default.
Headings. All article or section headings, or
exhibit names, are for reference and convenience only and shall not be
considered in the interpretation of the Agreement.
No Agency. You and Converge are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Conflicts. If this Agreement conflicts with a
provision of any other contract between you and Converge relating to the Site,
the provision in such other Agreement shall govern.
Your receipt of an
electronic or other form of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. Converge
reserves the right at any time after receipt of your order to accept or decline
your order for any reason.
In the event a product
is listed at an incorrect price or with incorrect information due to
typographical errors or errors in pricing or product information received from
our suppliers, Converge shall have the right to refuse or cancel any orders
placed for affected product(s).
m. Warranty. Converge
shall designate product warranty within each specific and unique sale that is
posted. No warranties will be extended
beyond the documented information.
The following terms, when used in this Agreement,
shall have the following meanings.
"Content." The term
"Content" means all Information, data, or other material, in any form
or media, contained in, obtained from, or relating to the Site, including all
results obtained from the Site.
"Content Providers." The term
"Content Providers" means both Converge and Others.
"Information." The phrase
"Information" includes all data, information, documents, files,
personally-identifying information, and software disclosed by one party to the
other in connection with the Site or your Site Use.
"Linked-Site" means any internet site (including all information,
data, and content thereon) that is linked to the Site, but not owned by Converge.
"Notice." The phrase
"Notice" refers to the sending of Information by you to Converge via
certified mail, return receipt requested, to Converge at the address noted in
section 10 above.
"Others." The terms "Others"
means Converge's direct or indirect licensors, Converge's affiliates, or other
contributors to the Site (other than Converge).
describing Converge's intended uses of your personally identifiable
"Site". The term "Site"
means any Converge internet site, page (and all sub-pages), uniform resource
locator ("URL"), domain location, and all Information and Content
"Site Use." The term "Site
Use" means your use of or access to the Site.
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