C) THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT PRISM IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH USER.
(D) IN NO EVENT WILL PRISM OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING Prism OR THE PRISM
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE PRISM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PRISM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
PRISM, NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN PRISM, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A
STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIALREPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. PRISM, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, PRISM, NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THISINFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring
Prism shall have the right, but not the obligation, to
monitor the content of Prism, including chat rooms and
forums, to determine compliance with this Agreement and
any operating rules established by Prism and to satisfy
any law, regulation or authorized government request.
Prism shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or
posted on Prism. Without limiting the foregoing, Prism
shall have the right to remove any material that Prism,
in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
8. Indemnification
User agrees to defend, indemnify and hold harmless Prism,
its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses,
including attorneys?fees, arising out of the use of Prism
by User or User? Account.
9. Termination
Either Prism or User may terminate this Agreement at any
time. Without limiting the foregoing, Prism shall have
the right to immediately terminate User? Account in the
event of any conduct by User which Prism in its sole discretion,
considers to be unacceptable, or in the event of any breach
by User of this Agreement. The provisions of Sections
5(B), 5(C), 5(D), 6, 8, 10
and this Section 9 shall survive termination of this Agreement.
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