Terms of Service

TERMS AND CONDITIONS

ENSOGO Analytics LLC and Use of ENSOGOAnalytics.com

INTRODUCTION

Your use of the website ENSOGOAnalytics.com or any sub-domain associated with this website constitutes agreement to abide by the terms and conditions set forth in this document. If you are not willing to abide by these terms and conditions, you must not use this website.

LICENSE TO USE WEBSITE

ENSOGO Analytics LLC and/or its vendors own the intellectual property rights to the website and all material found on the website, unless otherwise indicated. ENSOGO Analytics LLC and all of its vendors reserve the intellectual property rights which they own.

USES OF WEBSITE INFORMATION

Your use of the website and material on the website is limited to the following:

  • Viewing
  • Downloading for caching purposes
  • Printing for personal use

If you have a subscription agreement with ENSOGO Analytics LLC, then you may also use the website in the following ways:

  • Printing mutual fund reports
  • Printing or exporting Screening Results

In no instance, unless expressly agreed to in writing by ENSOGO Analytics LLC, may you:

  • Republish or redistribute material from this website in any form;
  • Sell, rent or sub-license material from the website;
  • Display or perform website material in public;
  • Alter material on the website; or
  • Copy or otherwise reproduce material from this website for commercial purposes not expressly allowed in any subscription agreement to which you are a party.

PROHIBITED USE OF WEBSITE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

In your use of this website, you agree to not conduct systematic or automated data collection activities without ENSOGO Analytics LLC’s express written consent. Notwithstanding this prohibition, publicly and freely available search engines are allowed to catalogue ENSOGOAnalytics.com and its affiliated websites.

You must not use this website to transmit or send unsolicited commercial communications. The website cannot be used for any purposes related to marketing without ENSOGO Analytics LLC’s express consent.

RESTRICTED ACCESS

Portions of the website are restricted to certain subscription agreements. If you do not have such a subscription agreement, you are prohibited from accessing restricted portions of the website. ENSOGO Analytics LLC may alter which portions of the website are restricted or unrestricted at its sole discretion without notice. Additional Terms and Conditions are applicable to the use of the restricted portions of the site and users/subscribers will be required to specifically agree to all Terms and Conditions before being allowed to access these restricted portions of the website.

You are responsible for maintaining the security of any usernames and passwords assigned to you that allow you to access restricted areas of the website. You are solely responsible for any use of your username and password. Further, at its sole discretion, ENSOGO Analytics LLC may deny you access to the restricted areas of the website by disabling your username and password. Your sole remedy for such circumstances –subject to ENSOGO Analytics LLC’s discretion — will be a prorated reimbursement of any subscription fees you paid.

SUBSCRIBER PROPRIETARY INFORMATION

Certain functionality within the website may allow for users to create and store portfolios of investments. In no instance will ENSOGO Analytics LLC, its employees, vendors, or contractors access or review this information in the context of a specific user account or with the information regarding the label the user put on the portfolio visible unless necessary to support the specific user who created the information. However, ENSOGO Analytics LLC may aggregate user data from time to time. In no instance will the results of such statistical information be possible to trace back to a specific user.

NO WARRANTIES

ENSOGO Analytics LLC makes no warranties or representations regarding the website or its content as being suitable for any specific purpose. While ENSOGO Analytics LLC makes every attempt to collect and process information accurately, it does not warrant the accuracy or completeness or interpretation of the information. ENSOGO Analytics LLC is NOT a registered investment advisor and does not provide content on the website for investment advice or advice of any kind.

This website is provided “as is” without any representations or warranties, express or implied. ENSOGO Analytics LLC makes no representations or warranties in relation to this website or the information and materials provided on this website. Further, the website is provided “as is” and does not warrant that it will be constantly available or available at all or that the information on the website is complete, true, accurate or non-misleading.

LIMITATIONS OF LIABILITY

ENSOGO Analytics LLC will not be liable for any use or misuse of the website or its content under any circumstances, whether such use or misuse results in direct or indirect loss to you.

Providing ENSOGO Analytics LLC with prior notification of potential loss in no way creates liability for ENSOGO Analytics LLC. The above limitations of liability still apply.

ENSOGO Analytics LLC does not exclude or limit any warranty where it is unlawful to do so.

Through your use of this website and its content, you agree that these limitations and terms are reasonable and acceptable to you. If you do not agree, then you must not use the website.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ENSOGO Analytics LLC liability in respect of any:

  • death or personal injury caused by ENSOGO Analytics LLC negligence;
  • fraud or fraudulent misrepresentation on the part of ENSOGO Analytics LLC; or
  • matter which it would be illegal or unlawful for ENSOGO Analytics LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You agree to not seek to hold any individual, vendor, partner or other person or organization affiliated with ENSOGO Analytics LLC liable for any activity of ENSOGO Analytics LLC. By so agreeing, you will not bring any claim or seek any judgment against these persons or organizations. You agree that the limitations or warranties and liabilities described above extend to these persons and organizations.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You agree to indemnify and defend ENSOGO Analytics LLC against all claims that you have breached your agreement with these Terms and Conditions (including without limitation legal expenses and any amounts paid by ENSOGO Analytics LLC to a third party settlement of a claim or dispute on the advice of ENSOGO Analytics LLC’s legal advisers).

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to ENSOGO Analytics LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ENSOGO Analytics LLC may take such action as ENSOGO Analytics LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

ENSOGO Analytics LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

ENSOGO Analytics LLC may transfer, sub-contract or otherwise deal with ENSOGO Analytics LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions, together with any subscription agreement to which you are a party constitute the entire agreement between you and ENSOGO Analytics LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with laws in the state of Oregon, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Oregon.

CONTACT INFORMATION

If you have questions regarding these terms and conditions, please use the Contact Us form on the website.

ADDITIONAL TERMS AND CONDITIONS REGARDING VALUE LINE® DATA

  1. ENSOGO Analytics LLC has been granted a license to provide, through this web site, certain Value Line data related to companies whose securities are publicly traded (collectively, the “VALUE LINE® Data”). YOUR USE OF THE VALUE LINE® DATA is entirely at your own risk and It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all VALUE LINE® Data. your use of the VALUE LINE® Data IS SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE WITH ANY TERM, EXIT THIS SITE IMMEDIATELY AND YOU WILL receive A REFUND OF THE MONEY YOU PAID, IF ANY, FOR THE VALUE LINE® DATA. (The VALUE LINE® DATA include mutual fund holdings and mutual fund descriptions.)
  2. ALL VALUE LINE® Data IS PROVIDED “AS IS” and on an “as available” basis without warranties of any kind, either express or implied, INCLUDING WITHOUT LIMITATION warranties of merchantability or fitness for a particular purpose. Neither ENSOGO Analytics LLC nor VLP NOR ANY OF VLP’S AFFILIATES warrants that the VALUE LINE® Data will be accurate, complete, uninterrupted or error free or that any information, software, or other material accessible FROM OR RELATED TO THE VALUE LINE® Data is free of viruses, worms, or other harmful components.
  3. Under no circumstances shall ENSOGO Analytics LLC, VLP, or their affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use, NON-USE or reliance upon the VALUE LINE® Data, or that result from mistakes, omissions, interruptions or deletions of files, errors OR defects IN THE VALUE LINE® Data, delays in operation, transmission or failure of performance. If you are dissatisfied with any VALUE LINE® Data, your sole and exclusive remedy is to discontinue using the VALUE LINE® Data.
  4. ALL FORMS OF sub-licensing, reselling, republication or other form of distribution, including INTERNET posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of ANY VALUE LINE® Data ARE STRICTLY PROHIBITED EXCEPT THAT FINANCIAL ADVISORS MAY SHARE DATA WITH THEIR CLIENTS IN THE ORDINARY COURSE OF BUSINESS.
  5. VLP OR its licensors are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, IN the VALUE LINE® Data. You may not OTHERWISE copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense or assign any aspect of the VALUE LINE® Data delivered or accessed via this service. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any VLP trade name or mark or service name or mark that is similar or confusingly similar to the VLP trademarks.
  6. This Agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the law of the State of New York, USA (excluding its law of conflict of laws). YOU hereby agree that the courts located in the State and County of New York, USA shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and YOU hereby CONSENT TO THE JURISDICTION OF SUCH COURTS AND irrevocably waive any objections thereto, including on grounds of forum non convenience. Regardless of where you access VALUE LINE® Data from, you agree to comply with all applicable United States laws, including those regarding the export of data. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the VALUE LINE® Data.
  7. ENSOGO Analytics LLC may deny you access to all or part of this service without notice if you engage in any conduct or activities that ENSOGO Analytics in its sole discretion believes violates APPLICABLE LAW OR any term of this Agreement.
  8. You agree to defend, indemnify and hold ENSOGO Analytics LLC, VLP, and their affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or authorized users of your account.
  9. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
  10. ENSOGO Analytics LLC ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
  11. VLP IS AN EXPRESSLY INTENDED THIRD PARTY BENEFICIARY OF THIS AGREEMENT WITH FULL AUTHORITY TO ENFORCE ITS RIGHTS AGAINST YOU HEREUNDER.