TERMS AND CONDITIONS OF USE

The following describes the terms and conditions ("Terms and Conditions", or "Agreement") applicable to your use of the reflexionsdata.com Web site ("Site"). By using the Site, you agree to be legally bound by this Agreement

SITE USAGE

A) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Reflexions Data, LLC, NEITHER REFLEXIONS DATA, LLC, NOR ANY REFLEXIONS DATA, LLC, AFFILIATE NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, OR COPYRIGHT. Reflexions Data, LLC, AND Reflexions Data, LLC, AFFILIATES RE AND SHALL REMAIN THE EXCLUSIVE OWNERS OF ANY AND ALL COPYRIGHTS, TRADEMARKS, SERVICEMARKS, AND ANY OTHER INTELLECTUAL PROPERTY RIGHT OF MATERIALS RELATED TO THE SITE. EXCEPT AS EXPRESSLY PERMITTED HEREIN, YOU SHALL NOT REPRODUCE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY, OR CREATE DERIVATIVE WORKS WITH RESPECT TO THE SITE OR ANY INFORMATION CONTAINED THEREON.

B) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Reflexions Data, LLC, ALL INFORMATION, THE SITE, AND PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND Reflexions Data, LLC., AND Reflexions Data, LLC., AFFILIATES HEREBY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN ADDITION, Reflexions Data, LLC, AND Reflexions Data, LLC, AFFILIATES DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT WILL Reflexions Data, LLC, NOR ANY REFLEXIONS DATA, LLC, AFFILIATE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION, THE SITE, OR THE PUBLICATIONS.

C) NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED OR IMPLIED IN THIS AGREEMENT, IN NO EVENT SHALL THE MAXIMUM LIABILITY OF REFLEXIONS DATA, LLC, AND Reflexions Data, LLC, AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE SITE EXCEED TEN THOUSAND DOLLARS ($10,000). THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS AND CONDITIONS INURE TO THE BENEFIT OF Reflexions Data, LLC, REFLEXIONS DATA, LLC'S AFFILIATES, AND TO ALL OF REFLEXIONS DATA, LLC'S AND Reflexions Data, LLC'S AFFILIATES' RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS.

D) YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE SITE AND PUBLICATIONS. THE SITE AND PUBLICATIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER Reflexions Data, LLC, NOR ANY Reflexions Data, LLC, AFFILIATE ASSUMES ANY RESPONSIBILITY FOR AND EACH HEREBY DISCLAIM ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS IN THE SITE AND PUBLICATIONS AND IN ANY OTHER REFERENCED OR LINKED DOCUMENTS.

E) Reflexions Data, LLC, MAY MAKE CHANGES TO THE INFORMATION, TERMS AND CONDITIONS, SITE, PUBLICATIONS, AND PRODUCT OFFERINGS AT ANY TIME AND WITHOUT NOTICE.

F) THE SITE AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES TO Reflexions Data, LLC, PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT Reflexions Data, LLC, INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.

G) THE SITE MAY CONTAIN LINKS TO THE THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF Reflexions Data, LLC, AND NEITHER Reflexions Data, LLC, NOR ANY Reflexions Data, LLC, AFFILIATE SHALL BE RESPONSIBLE FOR THE CONTENT ON ANY LINKED WEB SITE. IF YOU ACCESS A THIRD-PARTY WEB SITE FROM THIS SITE, THEN YOU DO SO AT YOUR OWN RISK. REFLEXIONS DATA, LLC, PROVIDES THESE LINKS ONLY AS A CONVENIENCE AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT Reflexions Data, LLC, OR ANY REFLEXIONS DATA, LLC, AFFILIATE ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY WEB SITES.

USAGE OF SOFTWARE AVAILABLE ON THE SITE

A) Any software that is made available to download from this Site ("Software") is the copyrighted work of Reflexions Data, LLC, or an affiliate of Reflexions Data, LLC Use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software ("License Agreement"). Users shall be prohibited from installing any Software that is accompanied by or includes a License Agreement, unless each user first agrees to the terms of the License Agreement. In the event that no License Agreement accompanies or is included with the Software, the user is hereby granted a thirty (30) day (commencing upon the date of download) limited, revocable, non-transferable, non-exclusive, personal license to use the software for internal evaluation purposes only.

B) THE SOFTWARE IS MADE AVAILABLE FOR DOWNLOADING SOLELY FOR USE BY USERS ACCORDING TO THE LICENSE AGREEMENT. ANY REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE NOT IN ACCORDANCE WITH THE LICENSE AGREEMENT IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES.

C) WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR ANY PART THEREOF FOR ANY PURPOSE (INCLUDING, WITHOUT LIMITATION, FURTHER REPRODUCTION OR REDISTRIBUTION) IS EXPRESSLY PROHIBITED, UNLESS SUCH COPYING, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT.

D) EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, Reflexions Data, LLC, AND Reflexions Data, LLC, AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Reflexions Data, LLC, OR ANY Reflexions Data, LLC, AFFILIATE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE AVAILABLE FROM THIS SITE.

E) RESTRICTED RIGHTS LEGEND. Any Software that is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Reflexions Data, LLC, 34 South Broadway, Suite 716, White Plains, New York 10601.

USAGE OF DOCUMENTS AVAILABLE ON THE SITE

A) Permission to use documents (such as white papers, press releases, media kits, and case studies, individually and collectively referred to herein as "Documents") from this Site is granted, provided that (1) a copyright notice (in the form set forth in Section IV, below) appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.

Educational institutions (specifically K-12, universities, and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. For avoidance of doubt, Reflexions Data does not grant any Site user any rights (to use, reproduce, or otherwise), nor does Reflexions Data make any warranties with request to any documents owned by third parties.

B) DOCUMENTS SPECIFIED ABOVE DO NOT INCLUDE THE DESIGN OR LAYOUT OF THE SITE OR ANY OTHER REFLEXIONS DATA, LLC, OR ANY Reflexions Data, LLC, AFFILIATE OWNED, OPERATED, LICENSED OR CONTROLLED WEB SITE. ELEMENTS OF Reflexions Data, LLC'S AND ANY Reflexions Data, LLC, AFFILIATES' WEB SITES ARE PROTECTED BY TRADE DRESS, TRADEMARK, UNFAIR COMPETITION, AND OTHER LAWS AND MAY NOT BE COPIED OR IMITATED IN WHOLE OR IN PART. NO LOGO, GRAPHIC, SOUND, OR IMAGE FROM ANY Reflexions Data, LLC, OR ANY Reflexions Data, LLC, AFFILIATE WEB SITE MAY BE COPIED OR RETRANSMITTED UNLESS EXPRESSLY PERMITTED BY Reflexions Data, LLC, OR THE APPLICABLE Reflexions Data, LLC, AFFILIATE

C) NEITHER Reflexions Data, LLC, NOR ANY REFLEXIONS DATA, LLC, AFFILIATES MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Reflexions Data, LLC, AND Reflexions Data, LLC, AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL Reflexions Data, LLC, OR ANY Reflexions Data, LLC, AFFILIATE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.

D) THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Reflexions Data, LLC, AND Reflexions Data, LLC, AFFILIATES RESERVE THE RIGHT TO AND MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.

COPYRIGHT NOTICE

Copyright © 1999-2004 Reflexions Data, LLC, 34 South Broadway, Suite 716, White Plains, New York 10601. All rights reserved.

TRADEMARKS

Reflexions Data, LLC is a registered trademark of Reflexions Data, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Reference to such third party trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement. Any rights not expressly granted herein are reserved.

VI. ARBITRATION

Any dispute, claim, or controversy of any kind arising in connection with, or relating to, this Agreement, shall be resolved exclusively by binding arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, by three (3) arbitrators appointed in accordance with said rules. Each of such arbitrators shall be demonstrably experienced and knowledgeable in matters pertaining to the type of business contemplated herein. The arbitrators shall have no power or authority to add to or detract from the agreement of the parties as set forth herein, or to award punitive, exemplary, consequential, special, indirect, or incidental damages.

The fact that this Agreement provides for arbitration shall not impair the exercise of any termination rights under this Agreement. Each party shall bear its own legal fees and one-half of costs of the arbitrators and the arbitration proceedings. Judgment on the award rendered by the arbitrators may be entered into any court of competent jurisdiction. The foregoing shall not apply to the unauthorized copying, use, or disclosure of Reflexions Data, LLC's Confidential Information, or the intellectual property of Reflexions Data, LLC