Legal Notices: Terms and Conditions
ACCEPTANCE OF TERMS
This site (“CXO Talking Points”) and its contents are provided to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://blog.stephendavis.net/legal. If you do not agree to these TOS, please do not use CXO Talking Points. We reserve the right, at our discretion, to update or revise these TOS. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the TOS constitutes acceptance of those changes.
THIRD PARTY SITES
Stephen Davis’ CXO Talking Points provides links to other Websites on the Internet. Stephen Davis and The CXO Advisory Group does not assume any responsibility for such content and makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such sites. Stephen Davis and The CXO Advisory Group are not responsible or liable for any advertising, products, or other materials on or available from such Websites or resources. The inclusion of such a link does not imply endorsement of the Websites by Stephen Davis and The CXO Advisory Group or any association with their operators.
CREATIVE COMMONS LICENSE
You acknowledge and agree that all content and materials available on Steve Davis’ CXO Talking Points are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. All original content on Stephen Davis’ CXO Talking Points is licensed under a Creative Commons license and is subject to the terms and conditions of the license at http://creativecommons.org/licenses/by/2.5/(”Creative Commons License”). By submitting content to Steve Davis’ CXO Talking Points, you agree that it is subject to the same terms and conditions as Stephen Davis’ CXO Talking Points Creative Commons License.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF STEPHEN DAVIS’ CXO TALKING POINTS IS AT YOUR SOLE RISK. STEVE DAVIS’ CXO TALKING POINTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STEPHEN DAVIS AND THE CXO ADVISORY GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. STEPHEN DAVIS AND THE CXO ADVISORY GROUP MAKES NO WARRANTY THAT (i) IT WILL MEET YOUR REQUIREMENTS, (ii) IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF STEPHEN DAVIS’ CXO TALKING POINTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH STEPHEN DAVIS’ CXO TALKING POINTS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM STEPHEN DAVIS’ CXO TALKING POINTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEPHEN DAVIS AND THE CXO ADVISORY GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STEPHEN DAVIS AND THE CXO ADVISORY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE STEVE DAVIS’ CXO TALKING POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM STEPHEN DAVIS’ CXO TALKING POINTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON STEPHEN DAVIS’ CXO TALKING POINTS; OR (v) ANY OTHER MATTER RELATING TO STEPHEN DAVIS’ CXO TALKING POINTS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SPECIAL ADMONITION REGARDING FINANCIAL INFORMATION
You understand that STEPHEN DAVIS’ CXO TALKING POINTS is furnished for informational purposes only, and that no mention of a particular company or security in STEPHEN DAVIS’ CXO TALKING POINTS constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that STEPHEN DAVIS’ CXO TALKING POINTS will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained on STEPHEN DAVIS’ CXO TALKING POINTS may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
STEPHEN DAVIS’ CXO TALKING POINTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO CONTENT INCLUDED IN STEVE DAVIS’ CXO TALKING POINTS IS INTENDED FOR TRADING OR INVESTING PURPOSES. STEPHEN DAVIS, THE CXO ADVISORY GROUP, STEPHEN DAVIS’ CXO TALKING POINTS AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA STEPHEN DAVIS’ CXO TALKING POINTS , AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.
INDEMNITY
You agree to indemnify and hold Stephen Davis, The CXO Advisory Group, and its affiliates, officers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through Stephen Davis’ CXO Talking Points, your use of Stephen Davis’ CXO Talking Points, your violation of the TOS, or your violation of any rights of another.
