Our current Login Terms and Conditions (10-2013)
BY LOGGING IN YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. AGREEMENT: This Agreement ("Agreement") is by and between Entrex Capital Market, Inc. (referred to herein as "Entrex", "we", "us", or "our") and You ("You", "Your"), and on behalf the broker-dealer company ("Company") with whom You are associated and under which You have registered when requesting a user-id and password from us. This Agreement governs Your use of the Internet site located at www.Entrex.net (collectively, the "Site"). Any other person or entity signed onto the site using Your user-id and password shall be deemed to be You for purposes of this Agreement. By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site including the services or functions offered in or by the Site or the contents of the Site in any way, You have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If You do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately. You represent that (i) You and the Company have full right, power and authority to enter into and perform this Agreement and (ii) Your or the Company is not subject to any legal, contractual or other impediment which would inhibit You or its ability to enter into and perform this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time. Notification that terms of this Agreement have changed shall be posted on www.entrex.net and, unless otherwise indicated, such changes will become effective immediately; therefore, upon signing on to the Site, please check these terms periodically for notification of change. Use of the Site shall deem that You agree with the then current terms of the Agreement. Please print and retain a copy of this Agreement for Your records, as it may be changed from time to time.
2. RESTRICTED ACCESS and USE: Access to this Site is restricted and made available only to You, Company, and individuals in the Company who are registered as securities broker-dealers with the United States Securities and Exchange Commission and in good standing with FINRA at the time the Site is accessed. By accessing the Site, You will have access to certain proprietary and intellectual property (collectively, the "Intellectual Property") pertaining to the TIGRcub(r) Security concept. The Intellectual Property provided in the Site is for solely for educational and instructional purposes. In addition, You will have authorization to access certain data bases ("Data Bases") and operate certain system functions (the "Services") that You, the Company, and Your clients may use in connection with an offering of securities. You acknowledge and agree that it is Your sole responsibility to comply with all federal and state laws relating to any offering of securities and that Entrex assumes no responsibility for Your actions, the actions of Your client, or actions of the Company when using the Site. You acknowledge and understand that Entrex is making the Site available in the capacity of a licensor and the owner, or licensee, the Intellectual Property, Data Bases, and software that perform the Services. By providing access to the Site, Entrex is not acting in or engaged in the business of a securities broker-dealer, investment advisor, financial advisor, investment bank, investor, fiduciary, agent, or in any other capacity other than in the capacity of the licensor and owner of the Intellectual Property, Data Bases, and software that performs the Services. The Services of the Site that present status information related to an offering of securities may accessed by Your clients under separate user-id and password provided to them by Entrex, at Your request, however all other Services, Intellectual Property, and Data Bases available through the Site are to be used solely by You or the Company. Information contained in the Site is strictly prohibited for use in any way for purchases, sales, or transfers of any securities.
3. SUBSCRIPTION FEES: No Fee.
4. LAWS AND REGULATIONS. Access to and use of this Site, including the Intellectual Property, Data Bases, and Services is subject to all applicable international, federal, state and local laws and regulations. You agree to abide by these laws and not use the Site in any way that violates such laws or regulations.
5. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY. All materials contained in the Site are the copyrighted property of Entrex, or its subsidiaries or affiliated companies and/or third party licensors. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The information and Services available on or through this Site is the sole and exclusive property of Entrex, its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, any Intellectual Property, Data Bases, or Services available on or through this Site for commercial purposes except under engagement by a client related to the issuance of a TIGRcub(r) Security. Notwithstanding the above, You may use the TIGRcub(r) trademark ("Licensed Mark") on Your Company's corporate materials in connection with the promotion of the services of Your Company that relate to TIGRcub(r) Securities. You may not use the Licensed Mark in connection with a "hot link" or meta tag to other pages or sites on the World Wide Web, other than those operated by You or the Company, without the written permission of Entrex. Questions concerning trademark ownership, usage, or infringement should be directed to info@Entrex.net.
6. USE AND PROTECTION OF THE LICENSED MARK. Except for its use of the Licensed Mark in accordance herewith, You shall not use the License Mark to create any confusingly similar graphic symbol, or in a way containing a formative, derivative, variation or colorable imitation thereof. You shall not conjoin or otherwise combine, the Licensed Marks with any other Trademark. The Company may use its own trade name and trademark(s) on advertising, marketing and promotional materials with the Licensed Mark in accordance with the terms of this Agreement. You acknowledge that Entrex is the owner of the Licensed Mark. The Licensed Mark, and the goodwill associated therewith, are valuable properties belonging to Entrex, and all rights thereto are and shall remain the sole and exclusive property of Entrex. Any goodwill derived from the use by You of the Licensed Mark shall accrue exclusively to Entrex and You and the Company hereby assign to Entrex any and all such goodwill. You shall not apply for or obtain registration of any trademark confusingly similar to the Licensed Mark, or any trademarks containing or comprising a formative, derivative, variation or colorable imitation of the Licensed Mark. You will not do or omit to do anything which might reasonably be expected to diminish the rights of Entrex in the Licensed Mark or impair any registration of the Licensed Mark (or any application therefor). In no event will You or the Company use the Licensed Mark in any manner that might harm, diminish, tarnish or dilute the reputation, image or prestige of the Entrex, the Licensed Marks or the TIGRcub(r) brand. You will abide by all applicable laws, regulations and practices related to Your and the Company's use of the Licensed Mark in order to safeguard Entrex's rights in the Licensed Mark. You and the Company shall comply with all governmental and quasi-governmental laws, rules and regulations pertaining to business conducted in connection with the Licensed Mark.
7. PERMISSION TO USE COMPANY DOMAIN NAME. You hereby grant us permission to use Company email domain name when providing outbound email services for You.
8. DISCLAIMER The Intellectual Property contained in the Site has been prepared solely for educational and instructional purposes and is subject to deletion or change without notice. The Intellectual Property contained in the Site includes templates, models, research literature, and analyses related to the TIGRcub(r) Security concept. This material is furnished to You solely for reference purposes and is subject to Your own legal, accounting, and tax review in order to make an independent determination of the suitability for Your purposes.
9. RIGHTS TO USE INFORMATION AND SOFTWARE. The Services performed by the Site includes certain computer software which is copyrighted by Entrex and/or by Entrex licensors. You agree and acknowledge that Entrex and/or its licensors retain title to the Software and any copies thereof. You are not purchasing title to the Software or copies thereof, but rather have been granted access to use the Services performed by the software on a limited, revocable, non-exclusive, and non-transferable basis.
10. USE OF SITE NOT TRANSFERABLE AND NOT ASSIGNABLE. You understand, acknowledge and agree that the right to use the Site is personal to You and the Company and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Your rights shall be void and shall constitute a breach of this Agreement.
11. REPRESENTATIONS. You and the Company represent, warrant and covenant that: (a) You meet the qualifications appearing in Paragraph 2 herein and that You understand and are subject to the terms of the Agreement; (b) all information You enter into the Site related to the Services will be accurate and complete; (c) You will verify and remain solely responsible for all information entered into the Site that is used by the Site to perform the Services; (d) You will not upload, transmit, distribute or otherwise publish through the Site any illegal materials, materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; and (e) You will not decompile, reverse engineer, disassemble, reproduce, or unlawfully use or reproduce any of the software, information, or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site.
12. LINKS TO THIRD PARTY SITES. The Site may contain links to other Internet sites. Links to and from the Site to other third party sites do not constitute an endorsement by Entrex or any of its subsidiaries or affiliates of such third party sites or the products and/or services offered on such sites.
13. NO WARRANTIES. ENTREX MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE (INCLUDING THE INTELLECTUAL PROPERTY, DATA BASES, AND SERVICES). YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE (INCLUDING THE SERVICES) IS AT YOUR OWN RISK. THE SITE (INCLUDING THE SERVICES) IS PROVIDED SOLELY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ENTREX AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE. ENTREX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. ENTREX DOES NOT WARRANT THAT THE OPERATION OF THE SITE (INCLUDING THE SERVICES) SHALL BE OPERABLE, UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. ENTREX FURTHER DISCLAIMS ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE SITE (INCLUDING THE SERVICES) WILL MEET YOUR NEEDS.
14. THIRD PARTY SERVICES. ENTREX DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, INFORMATION OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER OF THE SITE AND ANY SUCH THIRD-PARTY PROVIDER.
15. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ENTREX OR ITS LICENSEES OR LICENSEES BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLERY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, (I) ANY LOST PROFITS OR DAMAGES, (II) ANY TRADING LOSSES, (III) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE THE SITE (INCLUDING THE SOFTWARE AND/OR THE SERVICES), (IV) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE (INCLUDING THE SOFTWARE AND/OR SERVICES) OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ENTREX OR ITS LICENSORS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENTREX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16. TERMINATION. This Site and access to the Intellectual Property, Data Bases, and Services may be discontinued, temporarily or permanently, by Entrex at any time without notice to You. You agree that Entrex shall not be liable to You or to any third party for any suspension or discontinuance of the Site, or inability to access the Intellectual Property, Data Bases, and Services.
17. CHANGES TO SERVICE AND TERMS. Entrex is not responsible for any technical inaccuracies or typographical errors which may be contained in these Terms. Entrex reserves the right to changes these Terms in its sole discretion at any time and without notice. Any such changes to the Terms will become effective immediately upon posting on the Site. The Site content and Services may be modified, temporarily or permanently, by Entrex at any time without notice to You. You agree that Entrex shall not be liable to You or to any third party for any modification of the Site or the Services.
18. TRANSMISSIONS OF DATA. You acknowledge that transmissions to and from the Site could be read or intercepted by others without the knowledge of Entrex. You acknowledge that by submitting communications through the Site, no confidential, fiduciary, contractually implied, or other relationship is created between You and Entrex other than the relationship created by agreements, including this Agreement, entered into between You or the Company and Entrex.
19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, Entrex has registered an agent with the U.S. Copyright Office. Notices of claimed copyright infringement relating to content of this web site only should be directed to: Entrex, Inc., 233 South Wacker Drive, 84th Floor, Chicago, IL 60606, Attn: Mr. Stephen H. Watkins.
20. GOVERNING LAW. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF ILLINOIS, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF ILLINOIS.
21. CONTACT US. If You have any questions or comments about the Terms, please contact Entrex at 877.4.ENTREX or 877.436.8739 or at firstname.lastname@example.org.