Terms of Use

Thank you for visiting farsightadvisory.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  BY CONTINUING TO USE THIS WEBSITE OR OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to FarSight Research & Advisory, operated by FarSight Advisory, LLC.  FarSight and its affiliates (referred to in these Terms of Use as “FarSight”, “we”, or “our”), provide websites, digital products, research, and other services to you when you visit our website, provide information about yourself, share User Content, communicate with us, or use our free or paid downloadable research and best practices (“Digital Product”), or other services (collectively referred to as “Services”).  FarSight provides the Services subject to these “Terms of Use.”

The terms applicable to your use of our Services vary depending on the nature of your access.

All Users, including those with guest access to our Services or using free Services are subject to these Terms of Use as set forth immediately below.

If your employer has an agreement with FarSight, the terms set forth below are also applicable to you.

BY USING FARSIGHT’S SERVICES, YOU AGREE TO THESE TERMS OF USE, AS UPDATED FROM TIME-TO-TIME.  The date of the most recent revisions will appear at the top of this page, so check back often.

These Terms of Use are binding on all individuals and entities who access, visit, and use the Services, including all persons, entities, and digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process (collectively, “you” and “your”).  Your use of our Services constitutes your acceptance of any changes and/or revisions to these Terms of Use.  If you disagree with these Terms of Use, or if you violate, breach, fail to follow, or act inconsistently with these Terms of Use or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized, and FarSight reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms of Use, with or without notice.  In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services.  We reserve the right, in addition to other remedies, to take any technical, legal, or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms of Use.  As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services.

FarSight may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable.  FarSight will not be liable to you should it exercise those rights.

Subject to and without limiting the terms of, or your obligations under, any legally binding Service Agreement pertaining to the subject matter hereof (“Service Agreement”) between FarSight and you or between FarSight and your employer or a party for whom you perform Services (“you and the party to any such Service Agreement being a ‘Client’”), by using FarSight or our Services you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or Content on the Services (“Terms of Use”).

The Services are intended only for individuals who are 18 years of age or older and who have the capacity to enter into a valid contract.  By accessing the Services you represent and affirm that you meet these requirements.

FarSight does not knowingly or intentionally solicit or collect information individuals under the age of 18, and our marketing is not directed at minors.

We may at times require you to register and/or set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to create, or you will be provided with, a password and User ID, and you may be required to provide your name, telephone number(s), email address, mailing address, and other Personal Information (“User Information”).  In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies.  Subject to applicable laws, we may use any User Information you submit for any purpose we deem appropriate in accordance with these Terms of Use and our Privacy Policy.  We maintain strict physical, technical, contractual, and organizational safeguards to protect your User Information from unauthorized or inappropriate access.

You agree, warrant, represent, and guarantee that all User Information you submit to FarSight is true, accurate, complete, and up to date.  You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions.  If any of your User Information changes, you must update it via the mechanisms provided.

FARSIGHT SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, AND UP-TO-DATE USER INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION FROM FARSIGHT.  FARSIGHT SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION.  FARSIGHT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING YOUR USERNAME, PASSWORD, AND/OR ONLINE ACCOUNT SERVICES WITH SOMEONE ELSE.  IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR ONLINE ACCOUNT SERVICES, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.

FarSight reserves the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services.

You are solely responsible for the following:

• Maintaining the confidentiality of your User ID, password, and User Information and

• All access, visitation, use of, and activity on your account/profile.  You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.

You agree you will not publicly display, sublicense, transfer, sell, rent, lease, share, or assign your User ID, account/profile, or password to any 3rd party without FarSight’s written approval unless otherwise provided for in an applicable Service Agreement.

If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, notify FarSight, and/or close the account/profile.

FarSight is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.

You may only use these Services for lawful purposes and in accordance with these Terms of Use.  As a condition of your use of these Services, you warrant to FarSight that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, nor will you attempt to do anything or permit, encourage, assist, or allow any 3rd party to do anything prohibited by these Terms of Use.  Whether on behalf of yourself or on behalf of a 3rd party, you may NOT do the following in connection with the Services and Content:

• Access and/or use any other person’s User Information or account.

• Impersonate, imitate, or pretend to be someone else, by setting up different accounts or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.

• Harvest or collect Personal Information about other users of the Services without their explicit and informed consent.

• Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content (including product listings, descriptions, or prices), or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms of Use, without FarSight’s express written consent.

• Except as provided in these Terms of Use, download, copy or transmit any Content for the benefit of any 3rd party or for use with another service without FarSight’s express written consent.

• Make available any User Materials through or in connection with the Services that is or may be in violation of these Terms of Use.

• Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

• Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.

• Restrict or inhibit another person from using the Services.

• Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

• Remove or modify any copyright or other intellectual property notices that appear in the Services or Content.

• Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services or Content into any other product or service.

• Systematically download or store any materials except as expressly authorized by these Terms of Use.

• Use any robot, spider, website search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services or Content, without FarSight’s express prior written consent.

• Circumvent any technical measures we use to provide the Services.

• Cause injury to any person or entity.

• Violate any law, rule, or regulation, these Terms of Use, or our Privacy Policy.

• Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by FarSight.

• Use the Services, Content, or FarSight’s name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation.

• Use any meta tags or other hidden text or metadata utilizing a FarSight trademark, logo, URL, or product name without FarSight’s express written consent.

If we believe you are abusing the Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Services, delay or remove Content, and take technical and/or legal steps to prevent you from using the Services.  We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue any aspects of the Services.  Additionally, we reserve the right to refuse or terminate all or any component of the Services to anyone for any reason at our discretion.

You are permitted to access the Services, including the Digital Downloads, marks, logos, text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by FarSight, our licensors, partners vendors, and/or other service providers (singly or collectively, “Content”) solely for your or your organization’s internal information purposes.  You agree to maintain all copyright, trademark and other notices on the Content.  You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, sell, rent, lease, assign, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by FarSight in writing or expressly permitted in these Terms of Use.

Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations’ products or services.  External citation to the Content is prohibited without FarSight’s express written permission and is subject to FarSight’s Citation Policy as set forth on this Service, except that members of the press may cite to portions of the Content without FarSight’s prior approval if such citation complies with the terms set forth in the Press Resources section of this Services.

The Services and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to FarSight, its licensors or 3rd parties.  No right, title or interest in any Content is transferred to you.

You agree to use the Services and the Content in accordance with all applicable laws.  You agree not to take any action that would compromise the security of the Services or render the Services inaccessible to others.

Access to certain areas of the Services is restricted (“Members Areas”) to FarSight Clients to whom we have passwords protected accounts.  You are not authorized to access any password-restricted areas unless you have received a password from FarSight (or from your employer if your employer has been authorized by FarSight to issue such password).  You may not use another person’s password to access the Services.

You are responsible for keeping your password confidential.  You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Services or the Content through your account.  You further agree not to reproduce, publicly display, perform, distribute, alter, sell, rent, lease, assign, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or 3rd parties, except as expressly provided in these Terms of Use or in your Service Agreement.  You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.  You may notify us at security@farsightadvisory.com.  To protect the security of the Services and your account, we reserve the right to monitor Services usage and suspend access to any account with activity we deem suspicious.  If your account is suspended, we will contact you to ensure that your account has not been compromised before reactivating your access.

Certain areas of the Services may contain interactive services, where visitors are permitted to post content for publication on the Services.  If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Services (“User Content”).  You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to 3rd parties or objectionable.  Under no circumstances should you upload any of the following types of information as User Content:

1. information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or

2. personal information including (i) driver’s license numbers, (ii) passport numbers, (iii) social security numbers, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers.

You hereby grant FarSight a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at FarSight’s discretion throughout the world in any media.  You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity.  FarSight takes no responsibility and assumes no liability for any User Content submitted by you or any 3rd party.  You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content.  FarSight reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.

Notwithstanding any language to the contrary in your Service Agreement or any other agreement, by posting any User Content on the Services you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.  To the extent that you register as a User of the Services, whether as a Client or otherwise, by using the Services you are consenting to FarSight sending your account id to its web analytics platform on FarSight’s Services.  This allows us to connect your activity on our Services with your customer records for product development, account management, and marketing purposes.  Your account id is a FarSight-generated number that does not contain any personal information, and cannot be used by anyone outside of FarSight to identify you.

The Services may contain advertisements, links or connections to 3rd party websites or services that are not owned or controlled by FarSight.  When you access 3rd party websites or use 3rd party services, you accept that there are risks in doing so, and that FarSight is not responsible for such risks.  We strongly encourage you to read any and all terms and conditions associated with any 3rd party websites or services you access.

When you use the Services, you may also be using the services of one or more 3rd parties, such as your wireless carrier or a payment processing service, (collectively and individually, “3rd Party Services”), and you acknowledge that your use of those 3rd Party Services may be subject to the separate policies and terms of use, including fees, of those 3rd parties.  3rd Party Services may display, include or make available content, data, information, applications or materials from 3rd parties (“3rd Party Materials”) or provide links to certain 3rd party websites.  By using the 3rd Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the 3rd Party Materials or websites.  We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any 3rd Party Services, 3rd Party Materials or 3rd party websites, or for any other materials, products, or services of 3rd parties.  3rd Party Materials and links to other websites are provided solely as a convenience to you.  You agree that any 3rd Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the 3rd Party Services.

Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of 3rd parties, or links to 3rd party websites or information, are not any endorsement, sponsorship, or recommendation of the 3rd party or its information, products, or services.  FarSight assumes no responsibility for the content of these 3rd party websites, or any links on those 3rd party websites, including any 3rd party social media or mobile application platform with which the Services operate or otherwise interact, and FarSight has no control over the contents found there.  For this reason, we do not represent or warrant that the contents of any 3rd party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws.  Also, FarSight assumes no responsibility for webcasting or any other form of transmission received from any linked website.  You rely on the contents of a 3rd party website at your own risk and you assume all responsibilities and consequences resulting from such reliance.  Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“3rd Party Software”).  Such 3rd Party Software license terms shall apply to the corresponding 3rd Party Software file in lieu of these Terms of Use.

It is free to create an account through the Services but certain Content and Services are paid Services.  If you decide to use these paid aspects of the Content and or Services, you agree to the Fees Terms set forth below, as we may amend them from time to time.

We reserve the right to charge for certain or all Content or Services in the future.  We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

You agree to pay all such Fees at the rates in effect for the billing period in which such fees and charges are incurred.  You must pay all fees and applicable taxes associated with our Services by the payment due date (including, without limitation, any fees incurred in connection with the use of our 3rd party payment processor).  Unless otherwise specified on the Service, all Fees will be quoted and charged in U.S. dollars.  We and our 3rd Party services providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees.

If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us and our 3rd Party services providers permission, and direct us and our 3rd Party services providers to retain such information and to charge all Fees to such payment method.

We may charge Fees at purchase, in advance and on a daily, monthly, yearly, lump sum, or other basis as applicable.  All Fees are due promptly and, unless otherwise indicated, are non-refundable.  You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5% late charge compounded monthly, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such Fees to any other payment method you have on file with us and/or our 3rd Party Providers; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.

In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service.  If you are accessing the Service via a mobile Device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that FarSight may, in its sole discretion, do any of the foregoing on your behalf or for itself in its sole discretion.

Due to the nature of the Services, we cannot accept returns or provide refunds for Digital Products once they have been downloaded.  If you accidentally order multiple copies, we will consider a refund for downloads in excess of one (1) copy per Digital Product.  We do not promise a refund will be granted.  Refunds for other Services are as specified in the applicable Service Agreement.

You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of FarSight or FarSight’s 3rd party licensors.  Except as expressly authorized by these Terms of Use, you may not make use of the Content and Services, and FarSight reserves all rights to the Content and Services not granted expressly in these Terms of Use.

FarSight is the owner of a number of registered trademarks and service marks, including, but not limited to, FarSight (logo - device mark) and “FarSight Research & Advisory” (word mark).  Any unauthorized use, replication, or other violations of trademark law will be prosecuted.  All other trademarks not owned by FarSight or its subsidiaries that appear on the Services are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FarSight.

DMCA Notice
FarSight will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.
 
If you believe that your work has been reproduced or used on, or distributed via, the Services in a way that constitutes copyright infringement, you may notify FarSight’s copyright agent in writing via email or first class U.S. mail that includes all of the below content (as required by 17 U.S.C. § 512).  The below procedure is exclusively for notifying FarSight that your copyrighted material may have been infringed.  We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.  When a clear and valid notice is received pursuant to the guidelines set forth below, FarSight will respond by either taking down the allegedly infringing content or blocking access to it.  FarSight may contact you to request additional information.
 
Notices and counter-notices are legal notices distinct from regular activities or communications on or via the Services.  We may publish or share them with 3rd parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).
 
The DMCA notice must contain the following information:

• a legend or subject line that says: “DMCA Copyright Infringement Notice”;

• a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL, if applicable, of the website page on which the material appears);

• your full name, company name (if applicable), mailing address, telephone number, and e-mail address;

• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

• your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

 
FarSight will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:
 
By Mail:
FarSight Research & Advisory
Attn: Legal Department / Infringement Notice

1905 15th Street

#213

Boulder, CO 80306

United States of America
 
By E-Mail:
legal@farsightadvisory.com
 
It is often difficult to determine if your copyright has been infringed.  FarSight may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and FarSight may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
 
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
 
We may send the information that you provide in your notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.
 
Without limiting FarSight’s other rights, FarSight may, in appropriate circumstances, terminate a repeat infringer’s access to the Services.
 
DMCA Counter-Notification
 
If access on the Services to a work that you submitted to FarSight is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above.  Your DMCA Counter-Notification should contain the following information:

• a legend or subject line that says: “DMCA Counter-Notification”;

• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL, if applicable, of the website from which the material was removed or access to it disabled);

• 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 of the material to be removed or disabled;

• your full name, address, telephone number, e-mail address, and the username of your account;

• 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 the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Delaware), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

• your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

 
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
 
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification.  However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services.  You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

The Content on this Service is based on FarSight’s reasonable efforts to compile and analyze the best sources reasonably available to FarSight at any given time.  Any opinions reflect FarSight’s judgment at the time and are subject to change.  You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Service or the Content or the User Content is to discontinue using the Service.

If any information contained in a Service is inaccurate, we will gladly correct it.  Simply email us at support@farsightadvisory.com, noting the incorrect information and the correction.  We reserve the right to verify the correctness of any information provided.

THIS SERVICE AND THE CONTENT ARE PROVIDED “AS IS,” AND FARSIGHT DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SERVICE; (II) THAT THE CONTENT PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY 3RD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, FARSIGHT WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ORGANIZATION UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND CONTENT, RELIANCE UPON THE CONTENT, INACCURACIES IN THE CONTENT OR THE SERVICE OR INTERPRETATIONS THEREOF.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

You understand and agree that you are responsible for your use of the Service.  You agree to indemnify, defend and hold harmless FarSight, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, contractors, agents, and any applicable 3rd party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Service, the Content, the User Content or any violation by you of these Terms of Use.

These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the state of Delaware without reference to the conflicts of laws provisions therein.  You specifically and irrevocably consent for any claims or disputes arising out of your use of the Services or these Terms of Use to the jurisdiction of, and venue in, the federal or state courts sitting in Delaware.  YOU AND FARSIGHT BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

FarSight may provide links to 3rd party content and other websites on the Service.  We do not endorse, sponsor, or accept any responsibility for such material.  We are not responsible for the content or privacy practices of any linked websites.  We strongly encourage you to read any and all privacy policies and terms and conditions associated with any 3rd party websites or services you access.

1. The Content on this Service belongs to FarSight, its licensors or 3rd parties and is protected by U.S. and/or international copyright laws and conventions.  No right, title or interest in any Content is transferred to you.

2. Terms and conditions that govern your use of and access to the Service are set forth in the Service Agreement between FarSight and your employer, as applicable.  If you are not familiar with the terms of that Service Agreement, including the conditions of and restrictions on your use of the Content on this Service and other proprietary FarSight research, please contact your account administrator or your FarSight representative.

3. You are not authorized to access any password-restricted areas of this Service unless you have received a password from FarSight (or from your employer if your employer has been authorized by FarSight to issue a password to you).

4. You are responsible for keeping your password confidential.

5. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Service or the content through your account.

6. You may not use another individual’s password to access the Service.

7. You are not authorized to reproduce, publicly display, perform, distribute, alter, sell, rent, lease, assign, transmit, create derivative works from, or otherwise share any Content from password-protected areas of this Service with any other individuals or 3rd parties, except as expressly provided in the Service Agreement between FarSight and your employer, if any such Service Agreement exists.  Without limiting the foregoing, you are not permitted to download Content from this Service and share it with any non-licensed individual or 3rd party, except as expressly provided in the Service Agreement between FarSight and your employer.

You acknowledge that the Content and Services and any software or technology purchased, downloaded, or used from the Services are subject to all applicable customs and export control laws and regulations, and you agree to comply with all applicable laws, including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. app. §§ 2401 et seq.); the Export Administration Regulations (15 C.F.R. §§ 730 et seq.) enforced by the U.S. Department of Commerce’s Bureau of Industry and Security; the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.); the economic sanctions regulations (31 C.F.R. Parts 501-598) enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the Foreign Corrupt Practices Act (15 U.S.C. § 78dd-1, et seq.); and the U. S. Anti-boycott laws and regulations (31 C.F.R. Part 760).  You agree, represent, and warrant that no Services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any territory (or resident of such territory), person, entity, or organization to which such Services and Content could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to any person, entity, or organization on (1) the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List as published by the U.S. Department of the Treasury; (2) the Denied Persons List, the Entity List and the Unverified List as published by the Bureau of Industry and Security at the U.S. Department of Commerce, as such lists may be amended from time to time.

You understand and agree that these Terms of Use represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and FarSight.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  FarSight’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit FarSight’s rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.  We may amend the Terms of Use at any time.  Our right to amend the Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use.  Notices to you (including notices of changes to these Terms of Use) may be made via posting to FarSight’s Services, or by e-mail (including in each case via links), or by regular mail.  Changes to the Terms of Use are effective as of the date they are posted to our Services unless otherwise specified.  Your continued access or use of the Services constitutes your acceptance of the amended terms.  We may also ask you to acknowledge your acceptance of the Terms of Use through an electronic click-through.  Without limitation, a printed version of these Terms of Use and of ny notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have a question or complaint regarding the Services, please send an email to support@farsightadvisory.com.  You may also contact us by writing to FarSight Research & Advisory:

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Attn: Customer Support

1905 15th Street

#213

Boulder, CO 80306

United States of America

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to privacy@farsightadvisory.com.  You may also contact us by writing to FarSight Research & Advisory:

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Attn: Privacy Team

1905 15th Street

#213

Boulder, CO 80306

United States of America

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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