Terms of Use

Terms of Use

Recathlon LLC Terms of Use

Last Revised May 1, 2016

Thanks for using our services (“Services”).

These terms of use (“Terms of Use”) shall apply to your use of the Service, unless your employer has signed an agreement covering your use of this Service (a “Corporate Agreement”), in which case the terms contained in such signed Corporate Agreement shall apply. By using our Services and/or accessing information therein (the “Information”), you are agreeing to these Terms of Use.

Your access to the Service is personal to you and may not be shared. In addition, you may not redistribute full text articles, unless expressly permitted in your employer’s signed Corporate Agreement. Please contact Recathlon LLC Customer Service with any questions.

1. Service

1.1 Recathlon LLC grants to you a non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Information and the Services pursuant to these Terms of Use.

1.2 Recathlon LLC retains control and ownership of the form and content of the Service. You shall not acquire any ownership rights in the Service or the Information, and you may not alter the form or content of the Service without the written permission of Recathlon LLC.

1.3 The Information contained within the Service is either licensed from third party information providers or is proprietary to Recathlon LLC. “Information” excludes any publicly available content, which is viewed at third party internet sites and accessed through the Service via links to such sites (“Web Content”). You acknowledge that rights to use the Information in these Terms of Use are contractual and exist independently of copyright law, accordingly these rights cannot be affected by any license from a copyright holder or a reproduction agent acting on their behalf.

1.4 The indexing codes and data used or available in the Service (the “Codes”) are owned by either Recathlon LLC, its affiliates or a third party, and are protected by copyrights, database rights, trademarks and/or patents owned by the relevant party. No proprietary rights are being transferred with respect to the Codes. You may use the Codes solely to access Information from the Service and may not otherwise copy or re-distribute the Codes. You acknowledge that it may be required to obtain a license directly from the owner in connection with the receipt or delivery of third party Codes outside what is contemplated by these Terms of Use.

1.6 Provision of a Service or any content not owned by Recathlon LLC is subject to the continuing consent of the owner/licensor. If at any time Recathlon LLC ceases publishing a Service to users generally, Recathlon LLC shall provide reasonable prior written notice of such cessation of the Service to you.

2. Use of the Service

2.1 You may access, download and print the Information for your own personal use.

2.2 You may not:

(a) reproduce, distribute, display, sell, publish, broadcast or circulate the Information to any third party, nor make the Information available for any such use;
(b) redistribute, publish or use the Information or any derived content (including charts from the Information) in any commercial news or information service, nor permit any third party to do the same;
(c) use the Information or the attached Codes in conjunction with any systems or applications that enable any program trading (including without limitation algorithmic trading programs), data mining, text mining, or trend analysis function, or that integrate news with customer relationship management, order management, trading, or portfolio management tools or systems, or mid- or back-office applications;
(d) remove, conceal or alter any copyright notices contained in the Service;
(e) modify, reverse-engineer or disassemble any part of the Services or any software contained therein;
(f) create or store in electronic form any shared library or archive of Information which could be used as a research application;
(g) store any Information for more than 30 days; and/or
(h) share the individual password provided by Recathlon LLC to you pursuant to which you are enabled to access the Service with any third party.
2.3 You agree to comply with any additional restrictions notified by means of any on-screen notices contained within an article of Information to which the additional restriction relates.

3. Administrator

If you access the Service to administrate the use of the Services by individuals authorized by your employer to access the Services, you agree and confirm that you obtained the appropriate consent from each such individual to provide their information (names, location, e-mail address and phone details) to Recathlon LLC and are authorized to order services on behalf of your employer. The information you provide will be used by Recathlon LLC for administrating access to the Service for such users including, specifically: (a) signing each individual up to the Service; and (b) sending such users their log-in credentials.

4. Fees

4.1 If applicable, you agree to pay the relevant fees to Recathlon LLC within 30 days of receipt of the corresponding invoice in accordance with the remittance instructions on that invoice.

4.2 In addition to the relevant Fees, you shall be responsible for all applicable sales, value-added and other such taxes or duties (including withholding tax but excluding income taxes imposed on the income of Recathlon LLC) payable in respect of your access to the Service, so that after payment of any such taxes or duties the amount received by Recathlon LLC is not less than the aggregate of the fees applicable to your access to the Service.

5. Termination

5.1 If you are in breach of these Terms of Use, Recathlon LLC may suspend your access to the Service without penalty until such breach is remedied.

5.2 On termination of your access to the Service, you shall promptly purge all Information from the Service that you have stored.

6. Privacy

Registration data and other information provided by you to Recathlon LLC is subject to the Recathlon LLC privacy policy.

7. Warranty and Limitation of Liability

7.1 You agree that your access to, and use of, the Service and the Information is on an “as is”, “as available” basis and Recathlon LLC specifically disclaims any representations and warranties, whether express or implied, including without limitation, any representations or warranties of merchantability or fitness for a particular purpose. These Terms of Use do not give you any rights against third party information providers with respect to use of Information.

7.2 Recathlon LLC and its affiliates, shareholders, directors, officers, employees and licensors (the “Recathlon LLC Parties”) will not be liable (jointly or severally) to you or any other person as a result of your access to or use of the Services or the Information whether for direct, indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract or other theory of liability, even if any of the Recathlon LLC Parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure or an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the Recathlon LLC Parties’ liability will be limited to the fullest extent permitted by applicable law. Without limitation to the foregoing, the total liability of Recathlon LLC under these Terms of Use shall not exceed the Fees paid by you for your access to the Service in the immediately preceding period of 12 months.

7.3 The Web Content is not included as Information for the purposes of these Terms of Use and Recathlon LLC does not accept any liability in relation to the Web Content.

8. Notices

Notices shall be sent to the electronic mail address that you provide upon registration. Any notices from you must be sent to Recathlon LLC Customer Service. Notice shall be deemed received on the date sent.

9. General

9.1 These terms of use represent the entire agreement between both parties relating to the Service and supersede all prior agreements and representations. No failure or delay by any party in exercising any right, power or remedy under these terms of use shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

9.2 The official language of these terms of use shall be the English language and no translation into any other language may be used in their interpretation.

9.3 These terms of use shall be governed by, construed and take effect in accordance with the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles.

By using the Service, you:

agree to be bound by these Terms of Use and;
warrant that the information that you have provided through registration is true and accurate; and
further warrant that you are over the age of 18 and are legally able to bind yourself to these Terms of Use.
Data Processing Principles Schedule

Recathlon LLC and you shall comply with their respective laws and regulations within the jurisdictions in which they process the Data and the Data Processing Principles set out below.

1. Purpose limitation: Data may be processed and subsequently used or further communicated only for the following purposes: (a) assisting in complying with legal duties and regulations which apply to you; (b) performing a statutory role as a Governmental organization; or (c) performing law enforcement duties. If you are processing special categories of data, defined under Article 8 of the European Directive 95/46/EC as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life (“Sensitive Data”), it shall only process it for the purpose of preventing fraud or a similar crime (the “Purposes”).

2. Data quality and proportionality: Data must be accurate and, where necessary, kept up to date. The Data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.

3. Transparency: Individuals must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by Recathlon LLC.

4. Security and confidentiality: Technical and organizational security measures must be taken by you that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, presented by the processing.

5. Rights of access, rectification, deletion and objection: An Individual must, whether directly or via a third party, be provided with the Information about him/her that an organization holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or have been dismissed by the relevant data protection authorities, or when doing so would be likely to seriously harm your interests or other organizations dealing with you and such interests are not overridden by the interests or fundamental rights and freedoms of the Individual. The sources of the Data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the Individual would be violated. An Individual must be able to have the Data about him/her rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, Recathlon LLC or you may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the Data have been disclosed need not be made when this involves a disproportionate effort. The burden of proof for any refusal rests on you or Recathlon LLC, and the Individual may always challenge a refusal before the relevant data protection authorities.

6. Sensitive Data: You shall take such additional measures (e.g. relating to security) as are necessary to protect such Sensitive Data in accordance with its obligations under the Terms of Use.

7. Automated decisions: For purposes hereof “automated decision” shall mean a decision by Recathlon LLC or you which produces legal effects concerning an Individual or significantly affects an Individual and which is based solely on automated processing of Information intended to evaluate certain personal aspects relating to him/her, such as his/her performance at work, creditworthiness, reliability, conduct, etc. You shall not make any automated decisions concerning Individuals, except when (a) (i) such decisions are made by you in entering into or performing a contract with the Individual; and (ii) the Individual is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties; or (b) where otherwise provided by applicable laws or regulations.