Securities Litigation Commentator, Inc. ('SLC'), in cooperation with the Securities Arbitration Commentator, Inc. ('SAC') and with SAC's support, collects, organizes and maintains Court Decisions relating primarily to broker-dealers and securities arbitration and litigation from various courts. SLC prepares summaries of those Court Decisions and publishes them in its online publication, SAC’s Online Litigation Alert and its predecessor, the Securities Litigation Alert (collectively ‘SOLA’). These summaries represent SLC's interpretation of the court decisions and contain data and text as to which SLC claims copyright protection.
The LIBRARY and SOLA are provided to you for your personal or professional use, to the extent not inconsistent with the following limitations. In no event may you offer any Court Decisions retrieved from the LIBRARY or copy any data included in SOLA for commercial purposes or as a part of a service bureau, time-sharing, or other similar arrangement. You further agree that you will not use the Court Decisions retrieved from the LIBRARY or the data contained in SOLA in the development of a database of Court Decisions, and that the data concerning the Court Decisions or summaries of the same will not be used by you or your organization in lieu of utilizing SOLA, or in competition with SOLA, or to be sold, made available to, or licensed to others. In that connection:
SLC reserves all rights not expressly granted to you, including, but not limited to, the right to alter, modify, update, enhance or improve SOLA or the LIBRARY.
SLC, with SAC's help, assigns passwords to its authorized users for the purpose of accessing SOLA and the Court Decisions maintained in the LIBRARY. Authorized users should understand that their assigned password is for their sole use and may not be made known to any other person. If anyone other than the authorized assignee of the password uses it, both the authorized assignee and each unauthorized user of the password shall be strictly liable for any resulting damages to SLC, including the cost of a subscription to each unauthorized user.
Except as specifically provided under this Agreement, you acknowledge and agree that SOLA and the LIBRARY, including, without limitation, the structure, sequence and organization thereof, and all other elements thereof, or aspects related thereto, such as, by way of example and not limitation, data fields, methods of processing, specific design and structure, the interaction of documents contained therein and unique design techniques employed therein, as well as document storage and quality assurance methodologies (excluding the text of the individual Awards), constitutes the valuable, confidential, copyrighted and trade secret property of SLC.
Unless for your personal or professional use, as limited herein, you may not otherwise reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate the data that you retrieve from SOLA or the Court Decisions in electronic form that you retrieve from the LIBRARY, without the express written consent of SLC. In addition to any other form of publication, you may not link or otherwise provide a portal to SOLA or LIBRARY, directly or indirectly, from any website without SLC's permission.
If you wish to use the information set forth in SOLA or the Court Decisions maintained in the LIBRARY in any manner not expressly permitted by this Agreement, you may request permission from SLC by giving to SLC a written description of the intended use and such other information as SLC may request. Only an authorized representative of SLC may grant permission. The granting of such a request may entail an additional fee and is solely at the discretion of SLC. Please submit requests to Patricia Hayes, Senior Vice President, Securities Arbitration Commentator, Inc., P.O. Box 112, Maplewood, NJ 07040.
BY PUBLISHING THESE RESOURCES, NEITHER SAC NOR SLC IS ENGAGED IN RENDERING LEGAL ADVICE OR REPRESENTATION. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL PERSON SHOULD BE SOUGHT.
The information set forth in SOLA and the Court Decisions maintained in the LIBRARY are provided "as is" and SLC makes no warranty as to its use, accuracy, or completeness. SLC does not and cannot warrant your results or that SOLA will be delivered uninterrupted or error free. With respect to the data set forth in SOLA and the Court Decisions maintained in the LIBRARY, SLC makes no warranties, express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose.
Any dispute between you and SLC, SAC or both, relating to your subscription or arising from or relating to your use or misuse of SOLA or the Court Decisions or Articles maintained in the LIBRARY, or the misuse or use of a password, whether direct or indirect, authorized or unauthorized, shall be adjudicated by arbitration under the Consumer Arbitration Rules of the American Arbitration Association, with venue in Essex County, New Jersey. In the event that the American Arbitration Association is unavailable as a forum, the dispute shall be adjudicated in New Jersey by an arbitration forum agreed to by the parties or, if the parties cannot agree on an arbitration forum within thirty (30) days, then either party may petition to the Superior Court of New Jersey for appointment of an arbitration forum. In any case, the exclusive venue for filing and maintaining any action arising under this Agreement shall be within the State of New Jersey. This agreement to arbitrate disputes shall be interpreted under the Federal Arbitration Act and any Award rendered in connection with a covered dispute may be confirmed in any court of competent jurisdiction.
In no event will SLC be liable to you for any consequential, incidental or special damages, including any lost profits, lost data or lost savings, even if SAC has been advised of the possibility of the injuries or damages alleged.
The laws of the State of New Jersey, excluding the application of its conflicts of law rules, will govern this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
SLC MAKES NO CLAIM TO THE ORIGINAL COURT DECISIONS NOR TO THE ARTICLES, BUT ONLY TO THOSE COPIES IN THE LIBRARY. YOU ARE NEITHER RESTRICTED NOR PROHIBITED FROM REQUESTING A COPY OF ANY ORIGINAL COURT DECISION FROM THE SOURCE OF SUCH COURT DECISIONS. THE ARTICLES APPEAR IN SOLA BY PERMISSION OF THE AUTHORS, WHO RETAIN FULL RIGHTS OVER THEIR ARTICLES, LIMITED ONLY BY THEIR LICENSE TO SLC. YOU ARE NEITHER RESTRICTED NOR PROHIBITED FROM REQUESTING A COPY ANY ORIGINAL ARTICLE FROM ITS AUTHOR(S).
The articles contained in SOLA are reproduced by permission of their respective authors under a non-exclusive license. YFINRA accepts no responsibility for the accuracy or otherwise of the reproduction of the Arbitration Awards in ARBchek. Any advice or commentary given in ARBchek about the Arbitration Awards is the sole responsibility of SAC and does not reflect the views of FINRA. FINRA reserves the right to amend Arbitration Awards at its discretion.
Any notice required under this agreement shall be effective upon mailing by certified mail, return receipt requested, or via facsimile transmission sent to the address or facsimile telephone number of the respective party.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Revised June 26, 2018