Terms of Use

Footnoted is an information service on public company disclosures, primarily made through filings with the U.S. Securities and Exchange Commission. Footnoted is published by Financial Fineprint, Inc. (the “Publisher”).

These Terms of Use (the “Terms”) apply to any and all content published by Footnoted, including but not limited to content delivered via the Internet, email, mobile devices, APIs, wire feeds, or other media.

By accessing Footnoted, you acknowledge that you have read and understand these Terms, and you agree to be bound by them. The Publisher reserves the right to modify these Terms at any time. If you do not agree with the Terms, you may not use Footnoted, or the content provided therein.

Important Disclaimer
Footnoted provides general information only and does not constitute financial guidance or investment advice. Specifically, Footnoted does not advocate the purchase, sale, or holding of any security or investment. No representations or warranties are made with respect to the accuracy or completeness of Footnoted content. Footnoted content should not be misconstrued as a recommendation to buy, sell or hold a particular stock. ALL LIABILITY FROM THE USE OR MISUSE OF FOOTNOTED IS HEREBY EXPRESSLY DISCLAIMED. THE CONTENT CONTAINED ON THIS SITE IS MEANT TO BE USED ONLY AT YOUR OWN RISK.

Usage
You may not copy, reproduce, republish, upload, post, transmit, or distribute any component of Footnoted.

You may not resell, exploit, or repackage any component of Footnoted, nor may you develop or derive for commercial gain any product that incorporates or uses any component of Footnoted.

You may not alter, copy, “frame,” mirror, adapt, sub-license, translate, reverse engineer, decompile, index, spider, “data mine,” or disassemble any portion of Footnoted.

You may not remove any copyright, trademark or other proprietary rights notices contained in Footnoted.

You may not engage in any other activity deemed by the Publisher to be in conflict with the spirit or intent of these Terms, or that might violate the rights of others or give rise to liability.

Protections
Footnoted and all content therein—including all text, data, analysis, opinions, images, audio, video, webcasts, presentations, and related resources—are the property of the Publisher, unless otherwise identified, and are protected by United States trademark and copyright law and other applicable laws.

Any other copyrights and trademarks that are used or referred to in Footnoted are the property of their respective owners.

Third-Party Content
Footnoted uses data derived from public company statements and announcements, often as distributed via the U.S. Securities and Exchange Commission. All content, financials, data, opinions, commentary, guidance, recommendations, and other statements expressed by those or other third parties are theirs alone, and are not endorsed by the Publisher.

Content created by third parties is the sole responsibility of the third parties. The accuracy and completeness of third-party content are not endorsed or guaranteed.

Footnoted may provide links to Web pages, Web sites, and various resources or locations on the Internet. The Publisher has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

User Generated Content

Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation, those related to copyright or other intellectual property rights.

This Website may contain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the “Interactive Areas”). You grant to Publisher an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to the Interactive Areas. Such license is without restrictions of any kind and without any payment, permission or notification due from Publisher to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.

You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Publisher a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for such works with all of the rights granted by you above and (ii) do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.

You acknowledge and agree that your submission of Postings does not create any new or alter any existing relationship between you and Publisher.

By submitting Postings, you acknowledge and agree that Publisher may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Publisher for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Publisher.

Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Publisher has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Publisher reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Publisher will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Publisher regarding any alleged copyright infringement should be directed to Publisher via email at: tips@footnoted.com.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any);
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing may be found, sufficient for Publisher to locate the material (e.g., the URL);
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide Publisher with a written counter-notification containing the following information:

  1. Your name, address, and telephone number;
  2. A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Publisher may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  5. Your electronic or physical signature.

Indemnification
You agree to indemnify, defend and hold the Publisher and its affiliates—including their respective officers, directors, owners, agents, partners, information providers, and licensors (“the Parties”)—harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by the Parties in connection with the use of Footnoted, including any use under your password by any person, whether or not authorized by you. The Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Publisher’s defense of such claim.

Limitation of Liability
The Publisher has worked to ensure the accuracy of Footnoted. However, Footnoted relies on data obtained from many sources, and the Publisher cannot guarantee the accuracy of the information provided or any analysis based thereon.

NEITHER THE PUBLISHER NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT FOOTNOTED WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE PUBLISHER, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF FOOTNOTED. FOOTNOTED AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER THE PUBLISHER NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO FOOTNOTED OR ANY CONTENT THEREIN. NEITHER THE PUBLISHER NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH FOOTNOTED WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

You expressly agree that the entire risk as to the quality, performance, accuracy, and completeness of Footnoted is assumed solely by you. NEITHER THE PUBLISHER NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FOOTNOTED, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH FOOTNOTED IS TO STOP USING FOOTNOTED.

YOU AND PUBLISHER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF PUBLISHER AND ALL PARTIES TO ANY SUCH PROCEEDING.

 

International Use
You agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Severability
If any provision or portion of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.