The following terms and conditions govern all use of (i) the Accquant website
(the Site), and (ii) the services and products available at or through the Site (the Service).
The Service is owned and operated by Accquant Limited. The Service is offered subject
to your acceptance without modification of all of the terms and conditions contained herein and
all other operating rules, policies and procedures that may be published from time to time on
ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT
YOU REPRESENT AS AN AUTHORISED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND
OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. Accquant'S ACCEPTANCE
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Service is available only to individuals who are at least 13 years. If you do not so qualify, do
not attempt to use the Service. Accquant may refuse to offer the Service to any person or
entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Accquant reserves the right, at its sole discretion, to modify or terminate the Service or
to modify this Agreement, at any time and without prior notice. If we modify the Service or this
Agreement, we will post the modification on the Accquant website (the "Site") or provide
you with notice of the modification. By continuing to access or use the Service after we have posted a
modification on the Site or have provided you with notice of a modification, you are indicating that you
agree to use the modified Service and/or to be bound by the modified Agreement. If the modified Service or
Agreement is not acceptable to you, your only recourse is to cease using the Service. This Agreement was
last revised 3 October 2014.
If you have purchased a paid Service, you are expressly agreeing that Accquant is permitted
to bill you the applicable fees, any applicable tax and any other charges you may incur with
Accquant in connection with your use of the Site and/or Service and that the fees will be
billed to the credit card you provide in accordance with the billing terms in effect at the time a fee or
charge is due and payable. If payment is not received or cannot be charged to your credit card for any
reason in advance of the applicable subscription period, Accquant reserves the right to
Subscription fees are payable in GBP and based on Services purchased and not on actual usage.
All fees are non-refundable. The Service is billed in advance on a monthly basis and is non-refundable.
There will be no refunds or credits for partial months of service or refunds for months unused with an
open account. If you have purchased a paid subscription to the Site and Service, your subscription will
automatically renew for additional, successive subscription periods equal in duration to the initial
subscription period that you initially purchased unless you terminate your subscription prior to the
next renewal period. You acknowledge and agree that Accquant will automatically charge your
credit card on record with Accquant for the then-current subscription period upon the
commencement of any renewal period. You will provide Accquant with valid and updated credit
card information and you authorize Accquant to charge such credit card for all purchased
subscriptions and renewals. You may terminate your subscription to the Site and Service at any time and
you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any
subscription fees you have paid in advance will not be refunded. For any upgrade or downgrade in plan
level, your credit card that you provided will automatically be charged or credited the new prorated
amount for the current month and the new rate will apply on your next billing cycle. Downgrading your
Service may cause the loss of Content, features, or capacity of your Account. Accquant does
not accept any liability for such loss.
By using the Site and the Service, you consent to receiving electronic communications from
Accquant. These electronic communications may include notices about applicable fees and
charges, transactional information and other information concerning or related to our Site and Service.
These electronic communications are part of your relationship with Accquant and you receive
them as part of your subscription to the Site and/or Service. You agree that any notices, agreements,
disclosures or other communications that we send you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
In order to use the Service you must register to create an account ("Account"). During the registration
process, you will be required to provide certain information to us and you will establish a username and
a password. You agree to provide accurate, current and complete information during the registration
process and to update such information to keep it accurate, current and complete. Accquant
reserves the right to suspend or terminate your Account if any information provided during the
registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible
for safeguarding your password. You agree not to disclose your password to any third party and to take
sole responsibility for any activities or actions under your Account, whether or not you have authorised
such activities or actions. You will immediately notify Accquant of any unauthorized use of
your Account. By signing up for Accquant you agree that Accquant may send you
occasional emails relevant to your use of the Accquant service.
incorporated into this Agreement by reference.
The Accquant Application and the Service are protected by copyright, trademark, and other
laws of the United Kingdom and foreign countries. Accquant and its licensors exclusively own
all right, title and interest in and to the Accquant Application and the Service, including
all associated intellectual property rights. You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying the
Accquant Application or the Service.
Termination and Account Cancellation
If you breach any of this Agreement, Accquant will have the right to suspend or disable
your Account or terminate this Agreement, at its sole discretion and without prior notice to you.
Accquant reserves the right to revoke your access to and use of the Service at any time,
with or without cause. You may cancel your Account at any time by logging into the Accquant
Application. Upon any termination of this Agreement or cancellation of your Account, you must promptly
destroy all originals and copies of the Accquant Application in your possession or control
and so certify in writing to Accquant and cease any further use of the Accquant
Application and the Service.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites
or resources may contain links to the Site. These other websites are not under Accquant's
control, and you acknowledge that Accquant is not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The
inclusion of any such link does not imply endorsement by Accquant or any association with
its operators. You further acknowledge and agree that Accquant 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 the use of or reliance on any such Content, goods or services available on or through any such
website or resource.
THE Accquant APPLICATION AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Accquant DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Accquant MAKES NO WARRANTY THAT THE
Accquant APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM Accquant OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Accquant, its officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including,
without limitation, reasonable legal and accounting fees, arising out of or relating to: (i) your use
of or access to the Accquant Application or the Service: (ii) your breach of this Agreement;
or (iii) your violation of applicable laws, rules or regulations in connection with your use of the
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF
YOUR ACCESS TO AND USE OF THE Accquant APPLICATION AND THE SERVICE REMAINS WITH YOU. NEITHER
Accquant NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF
PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR
INABILITY TO USE THE Accquant APPLICATION OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
Accquant HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Accquant'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OR FROM THE USE OF OR INABILITY TO USE THE Accquant APPLICATION OR THE SERVICE EXCEED
FIVE HUNDRED GBP (£500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN Accquant AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of
Accquant used herein are trademarks or registered trademarks of Accquant.
Any other trademarks, service marks, logos, trade names and any other proprietary designations are
the trademarks or registered trademarks of their respective parties.
Any action related to this Agreement will be governed by UK law for the resolution
of all disputes arising from or related to this Agreement and/or your use of the Accquant
Site, Application, or Service.
This Agreement constitutes the entire and exclusive understanding and agreement between
Accquant and you regarding the Accquant Application and the Service, and this
Agreement supersedes and replaces any and all prior oral or written understandings or agreements between
Accquant and you regarding the Service.
You may not assign or transfer this Agreement, by operation of law or otherwise, without
Accquant's prior written consent. Any attempt by you to assign or transfer this Agreement,
without such consent, will be null and of no effect. Accquant may assign or transfer this
Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will
bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding
modifications to this Agreement, will be in writing and given: (i) by Accquant via
email (in each case to the address that you provide) or (ii) by posting to the Site. For notices
made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Accquant to enforce any right or provision of this Agreement will not
constitute a waiver of future enforcement of that right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized representative of
Accquant. Except as expressly set forth in this Agreement, the exercise by either party
of any of its remedies under this Agreement will be without prejudice to its other remedies under this
Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this
Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and
the other provisions of this Agreement will remain in full force and effect.
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