Terms and Conditions
TERMS & CONDITIONS FOR USE OF THE ONLINE SERVICES
November 1, 2022
By using this web site, you signify your agreement with the Terms and Conditions of Tenkew, a product of Recathlon LLC set forth below.
- LICENSE FOR SERVICES
By purchasing a subscription you agree to obtain access to information and content from public companies, funds and investors and related Tenkew content through Tenkew’s website and email service. Your license may not be transferred to anyone else without the prior written consent of Tenkew. The license you receive is a limited, non-exclusive, non-transferable license (without right to sublicense, transfer or assign), and shall be immediately terminated upon any termination or expiration of this agreement. Any redistribution, including any “pass-through” distribution, or unauthorized incorporation of, the information your access from Tenkew into your products or services is strictly prohibited
- INFORMATION ACCESSED
Tenkew strives to ensure that the information contained on our web sites is accurate and reliable. Errors may sometimes occur. By providing access to this web site, Tenkew and its third party providers do not warrant or represent that:
- The content is up-to-date or current
- The content is accurate or complete
- We have a duty to update any content
- The content is free from typographical errors
- The content is free from technical inaccuracies
- The content is free from changes caused by third parties
- Your access to this web site will be free from interruptions or errors
Tenkew does not assume any liability for these matters listed above. In other words, you use this web site “as is” and at your own risk.
Therefore, to the fullest extent permissible pursuant to applicable law, except as otherwise provided in Section 4 below, Tenkew disclaims any and all warranties of any kind, whether expressed or implied, as to any matter whatsoever relating to this web site, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Tenkew may from time to time revise the information, services, and resources contained in this web site and reserves the right to make such changes without any obligation to notify past, current, or prospective visitors. In no event shall Tenkew and its affiliates or third party providers be liable or responsible for any loss, damage (whether actual, indirect, special, incidental, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character whatsoever caused by, based upon, or arising out of any use of or inability to use either this web site (such as viruses, omissions, or misstatements) or the information contained in this web site, including any loss of data or loss of profit, even if we have been advised of the possibility of such damages. You agree to indemnify, defend, and hold harmless Tenkew and its affiliates, and their respective directors, officers, employees, agents, licensors, or any person or entity involved in the creation, production, and distribution of the web site, from and against any and all claims, liabilities, losses, costs, and expenses incurred in connection with any breach by you of these Terms and Conditions or resulting from, or in connection with, your use of this web site.
- INFORMATION NOTICE, PERMISSIBLE USE AND PROHIBITION ON EXCESSIVE USE
The content displayed on this web site is for the exclusive use of the Tenkew subscriber only and, except for such internal use, may not be distributed, displayed, or reproduced without the prior written consent of Tenkew. You agree not to use this web site and its content in any manner whatsoever that violates applicable laws and regulations.
You also agree not to attempt to derive, corrupt, or copy any programming and development code from this website or create derivative works upon or reverse engineer the content of this web site or encumber, sell, rent, lease, sublicense, assign or otherwise transfer your rights to use this web site. Obtaining data through the use of automated systems and/or screen scraping is strictly prohibited and will result in immediate account termination and/or other damages. Tenkew reserves the right to monitor usage of subscriber accounts and has the right to terminate subscriptions due to usage deemed excessive in relation to other accounts.
- LIMITED WARRANTY
Tenkew represents and warrants that, to the best of its knowledge, the access to and use of its services licensed through this agreement for their intended purposes do not infringe upon the United States patent, copyright, trademark or trade secret rights of any third party. This limited warranty is void if infringement results from: (a) modifications of any part of Tenkew’s services that were not made by Tenkew; (b) the use of Tenkew’s services in connection with another product or service (the combination of which caused the infringement); or (c) Tenkew’s compliance with your specific instructions. Your exclusive remedy for a breach of this limited warranty shall be, at Tenkew’s option, for Tenkew to: (a) obtain a right for you to use Tenkew’s services without additional or increased cost; (b) modify Tenkew’s service, without materially diminishing their functionality or performance, to become non-infringing, at Tenkew’s sole expense; or (c) require that you discontinue the use of Tenkew’s service, in which event Tenkew shall refund you the unused portion of any pre-paid fees.
- HYPERLINKS AND THIRD-PARTY SITES
Use of this web site may include links or access to third party sites not maintained by or related to Tenkew. Such hyperlinks and other access are provided as a service to users and are not sponsored by or affiliated with this web site or Tenkew. Tenkew has not reviewed any or all of the third-party sites hyperlinked to or from this web site and is not responsible for the content, products, services, advertising, or any other matters presented in any other sites. These links are to be accessed at the user’s own risk, and Tenkew and its affiliates make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from this web site. Access to, and use of, any affiliated or non-affiliated sites is subject to their own Terms and Conditions and privacy policies, including but not limited to the site. Any third-party links to or access via this web site is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Tenkew or its affiliates. In addition, if a third party has linked to this web site, it does not imply that we are endorsing such web site or its products.
- LIMITATION OF LIABILITY
Tenkew’s maximum liability for any and all claims arising directly or indirectly from the performance of its obligations under this agreement, including these terms and conditions, shall not in the aggregate exceed the purchase price of the services affected. No action, regardless of form or legal theory asserted, arising out of, related to or in connection with this agreement may be brought by you against Recathlon LLC more than one year after the cause of action has arisen.
In no event shall Tenkew and its affiliates or third party providers be liable or responsible for any INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF USE OR DATA OR INTERRUPTION OF BUSINESS, COSTS OF SUBSTITUTE GOODS OR SERVICES, WHETHER SUCH DAMAGES OR LOSSES ARE ALLEGED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR INDEMNITY, EVEN IF DFIN OR ITS AGENTS WERE ADVISED OR AWARE OF THE LIKELIHOOD OF SUCH DAMAGES OR LOSSES OCCURRING.
Tenkew reserves the right to increase the subscription price at any time. All payments are due within thirty (30) days from receipt of an invoice. If you fail to pay any amount within thirty (30) days after receipt of an invoice, Tenkew may suspend its performance under this agreement and/or immediately terminate this agreement. Any suspension or termination of this Agreement shall not relieve you from paying any and all fees, and you shall be liable for any costs associated with such collection of fees, including attorneys’ fees and collection agency fees.
- RENEWAL OF SUBSCRIPTIONS
Your subscription will renew automatically unless you notify Tenkew by telephone or electronic mail at least 30 days prior to each term of your decision to terminate your subscription, or until your subscription is terminated by Tenkew. All fees and charges paid to Tenkew are nonrefundable. You will be billed in advance of each renewal date on an annual basis. If you subscribed to our services using a credit card, we will contact you via e-mail only if your card has expired. For your convenience, we will automatically update our files to include the new expiration date on your credit card so that your service may continue uninterrupted unless you notify us otherwise. You hereby acknowledge that you will not receive notice of a renewal cancellation date and expressly waive the application of New York General Obligation Law section 5-903, and any similar laws, to the renewal of your subscription.
- ACCESS TO WEB SITE AND MODIFICATION OF TERMS AND CONDITIONS
Tenkew reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to its web sites, including its contents, features, and hours of availability. Tenkew reserves the right, in its sole discretion, to modify, alter, terminate, or otherwise revise these Terms and Conditions at any time with prior notice and you agree to be bound by such modifications, alterations, and revisions, or termination. Accordingly, you should review these Terms and Conditions regularly.
Either party may terminate this agreement upon thirty days advance written notice to the other party in the event the other party is in material breach of its obligations herein, which is not remedied within such thirty-day period.
- FORCE MAJEURE
TENKEW DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE SERVICES, AS SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES AND SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES AND ON THE PUBLIC INTERNET INFRASTRUCTURE, AS WELL AS OTHER EVENTS BEYOND THE CONTROL OF TENKEW. AT TIMES, ACTION OR INACTION OF PARTIES OTHER THAN TENKEW OR EVENTS BEYOND TENKEW’S REASONABLE CONTROL (“FORCE MAJEURE EVENTS”) CAN IMPAIR OR DISRUPT TENKEW’S ABILITY TO PROVIDE THE SERVICES OR YOUR OR ITS END USERS’ ABILITY TO ACCESS THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TENKEW DISCLAIMS, AND YOU SHALL NOT HOLD TENKEW RESPONSIBLE FOR, ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH ACTIONS OR FORCE MAJEURE.
- LEGAL CLAIMS AND ENFORCEMENT
This agreement shall be governed by and construed in accordance with the laws of the State of Delaware regardless of the law that might otherwise apply under applicable principles of conflicts of law.
- SEVERABILITY AND INTEGRATION
If any provision of this agreement shall be determined to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in the manner specified herein.
Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.