Terms of Use
Securities Arbitration Commentator, Inc. ("SAC") compiles, organizes, and maintains
arbitration awards from various securities forums on its searchable proprietary
database known as ARBchek. ARBchek provides access to SAC's Arbitration
Awards Library ("LIBRARY"), a proprietary collection of PDF-formatted, securities/commodities
Arbitration Awards, and it supports functionality on the Arbitrator Research Base
WebSite ("ARB WebSite"), which includes the ARBchek search system, a docket
search window, and an Awards Disclosure Sheet search window (also known as the LITE
version). This Terms of Use Agreement applies to all of these functions and systems.
Your access to ARBchek, the ARB WebSite, or the LIBRARY does not transfer
any rights in ARBchek or in the LIBRARY to you.
You are requested to read these Terms of Use and to acknowledge below that you
have read, understood, and agree to be bound by the following terms and conditions.
SAC MAKES NO CLAIM TO THE ORIGINAL ARBITRATION AWARDS, ONLY TO THOSE COPIES IN
THE LIBRARY. YOU ARE NEITHER RESTRICTED NOR PROHIBITED FROM REQUESTING A
COPY OF ANY ORIGINAL AWARD FROM THE SOURCE OF SUCH AWARD. WE ARE REQUIRED TO INFORM
YOU THAT FINRA CLAIMS A COPYRIGHT AS TO THE FORMATTING OF AWARDS ISSUED BY THE FINRA
DISPUTE RESOLUTION FORUM.
The LIBRARY and the Arbitrator Search Reports produced in using ARBchek
("ARBchek ASRs") are provided to you for your personal or professional use.
In no event may you offer any arbitration awards retrieved from the LIBRARY
or any ARBchek ASRs for commercial purposes or as a part of a service bureau,
time-sharing, or other similar arrangement. You further agree that you will not
use the arbitration awards retrieved from the LIBRARY or the ARBchek ASRs
in the development of a database of awards to be sold, made available to, or licensed
to others. In that connection:
- You may not use search "robots" or other automated devices or processes
to access ARBchek or the LIBRARY.
- You may not download in bulk substantial portions of the LIBRARY.
- You may not download, copy or store any substantial portion of the arbitration
awards (in machine-readable form) or mirror any of the arbitration awards maintained
on the LIBRARY on any other server.
SAC reserves all rights not expressly granted to you, including, but not limited
to the right to alter, modify, update, enhance or improve ARBchek or the
LIBRARY.
Except as specifically provided under this Agreement, you acknowledge and agree
that the LIBRARY, including, without limitation, the structure, sequence
and organization thereof, and all other elements of, or aspects related thereto,
such as, by way of example and not limitation, data fields, methods of processing,
specific design and structure, the interaction of documents contained therein and
unique design techniques employed therein, as well as document storage and quality
assurance methodologies (excluding the text of the individual awards), constitutes
the valuable, confidential, copyrighted and/or trade secret property of SAC.
Unless for your personal or professional use, you may not otherwise reproduce,
transmit, distribute, disseminate, sell, publish, broadcast or circulate the arbitration
awards in electronic form that you retrieve from the LIBRARY, without the
express written consent of SAC. If you wish to use the arbitration awards maintained
in the LIBRARY in any manner not expressly permitted by this Agreement, you
may request permission from SAC by giving to SAC a written description of the intended
use and such other information as SAC may request. Only an authorized representative
of SAC may grant permission. The granting of such a request may entail an additional
fee. Please submit requests to Patricia Hayes, Securities Arbitration Commentator,
Inc., P.O. Box 112, Maplewood, NJ 07040.
SAC IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES. IF LEGAL
OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL
PERSON SHOULD BE SOUGHT.
The arbitration awards maintained in the LIBRARY are provided "as is"
and SAC makes no warranty as to its use, accuracy, or completeness. SAC does not
and cannot warrant your results or that ARBchek will be delivered uninterrupted
or error free. With respect to the arbitration awards maintained on the LIBRARY,
SAC makes no warranties, express or implied, as to non-infringement of third party
rights, merchantability, or fitness for any particular purpose.
In no event will SAC be liable to you for any consequential, incidental or special
damages, including any lost profits, lost data or lost savings, even if SAC has
been advised of the possibility of the injuries or damages alleged.
The laws of the State of New Jersey, excluding the application of its conflicts
of law rules, will govern this Agreement. This Agreement will not be governed by
the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded. The exclusive venue for filing and
maintaining any action arising under this Agreement shall be within the State of
New Jersey.
Any notice required under this agreement shall be effective upon mailing by certified
mail, return receipt requested, or via facsimile transmission sent to the address
or facsimile telephone number of the respective party.
If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid and enforceable
according to its terms.
SAC may at any time revise these Terms of Use by updating this posting. By clicking
the "I Agree" button below you are confirming your agreement to be bound by these
Terms of Use and any revisions and therefore you should periodically visit this
page to determine the current Terms of Use to which you are bound.
