These terms of use (“Terms of Use”), together with the related Privacy Policy (which can be found here: https://finbar.com/privacy-policy, the “Privacy Policy”), which are incorporated into these Terms of Use by this reference, govern your access to and use of any website (including, but not necessarily limited to, https://finbar.com), plugin (including our Excel add-in available under the name 'finbar' or 'finbar Excel') or other media platform that references or links to these Terms of Use (collectively, the “Site”), however accessed or used, and constitute a legally binding contract between you and CEL Technologies Ltd., a company incorporated in England and operator of https://finbar.com.
Together with its subsidiaries, if any, and other affiliates, CEL Technologies Ltd. may be referred to in these Terms of Use as “CEL Technologies”, “we,” “us” or “our”. By signifying your acceptance of these Terms of Use, or by accessing or using the Site or allowing others to access or use the Site on your behalf or through the use of your finbar.com user account (“Your Account”), you agree to be bound by these Terms of Use (which may be updated from time to time, as discussed below). Accordingly, you should read and evaluate these Terms of Use and the Privacy Policy carefully before accessing or using the Site, or allowing others to access or use the Site on your behalf, and you should consult your legal and other advisors and make your own informed decision as to whether and how to access or use the Site. Do not access or use the Site if you are unwilling or unable to be bound by the terms of these Terms of Use or any Service Agreement applicable to you (as discussed below in these Terms of Use).
These Terms of Use are in addition to any other legally binding agreement that you may have entered into with CEL Technologies that is intended by CEL Technologies to govern your use of the Site (each, a “Service Agreement”). To the extent any such Service Agreement is in writing and any terms thereof conflict with the terms of these Terms of Use, such terms of the applicable Service Agreement will govern.
Please consult these Terms of Use periodically as CEL Technologies may, at any time, at its discretion and without notice, revise these Terms of Use. By continuing to access or use the Site after these Terms of Use have been revised, you shall hereby automatically be deemed to be bound by such revised Terms of Use. If at any time you choose not to accept the terms of these Terms of Use, you should immediately discontinue your access to or use of the Site.
CEL Technologies may, at its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site or any part thereof with or without notice to you. You agree that you do not have any rights in the Site and that CEL Technologies will have no liability to you if the Site or any part thereof is discontinued or your ability to access the Site or any part thereof or any content you may have posted to any part of the Site is terminated.
These Terms of Use may refer to CEL Technologies, its affiliates, and their respective officers, directors, members, employees and agents, licencees and customers collectively as the “CEL Technologies Parties”, and each, individually, a “CEL Technologies Party”.
If you are using the Site on behalf of any other person or entity (each, a “Person”), (i) you must be duly authorised by such Person to act on their behalf and have the requisite power and authority to act on behalf of and legally bind such other Person; (ii) if such Person subsequently disputes such power or authority, you hereby agree to provide or execute and deliver such other documents and/or take such other actions required on your part to prove that you have (or had, at all relevant times) such requisite power and authority; and (iii) if such Person disputes such power or authority, you shall be liable and shall indemnify CEL Technologies and the other CEL Technologies Parties (as defined below) for such dispute and/or for any failure of such Person to comply with the terms of these Terms of Use.
CEL Technologies shall issue (or has issued) a password to you for purposes of your access and use of the Site and the Service. You are responsible for maintaining the confidentiality of all passwords associated with Your Account and for ensuring that each password is used only by you. You are entirely responsible for any and all activities that occur under or through the use of Your Account and any all charges incurred from use of the Services accessed under or through the use of Your Account. You hereby agree to immediately notify CEL Technologies of any unauthorised use of Your Account or any other breach of security known to you. Without limiting the generality of applicable terms elsewhere in these Terms of Use, CEL Technologies shall have no liability for any loss or damage arising from your failure to comply with these requirements.
You agree that while using the Site you will comply with the following rules (in addition to the other rules set forth elsewhere in these Terms of Use):
From time to time, we have or will in the future post legal notices to the Site. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of CEL Technologies or other Persons. Except as necessary for your access to and use of the Site as contemplated by these Terms of Use, no licence to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of CEL Technologies is granted to or conferred upon you.
CEL Technologies reserves the right, in its sole discretion, to make unscheduled deployments of updates, enhancements or such other changes to the Site at any time that we deem necessary or otherwise desirable, in each case to the full extent permitted by all applicable local, state, national or international laws, statutes, ordinances, rules and regulations (“Applicable Laws”) and without notice or liability to CEL Technologies. For example, we may add or remove functionalities or features, and we may suspend or stop a Service altogether.
If any Software of CEL Technologies is provided to you by CEL Technologies in connection with your use of the Site (“Provided Software”), the use of such Software shall be governed in one of two ways: (i) If you’re presented with licence terms that you must accept in order to use any Provided Software, those terms apply; and (ii) if no licence terms are presented to you, these Terms of Use shall apply. We reserve all other rights to any Provided Software. We may automatically check your version of any Provided Software. We may also automatically download to your computer or device new versions of any such Software.
Any Provided Software is licenced, not sold. Unless we notify you otherwise, any licence to any Provided Software granted hereby Software licence shall automatically terminate when your right to use the Site ends. You must then promptly uninstall any Provided Software, or we may disable it. You must not work around any technical limitations in any Provided Software.
If you choose to send us any message, documents, information and/or data, including but not limited to any ideas, suggestions, questions, feedback and/or proposals regarding the Site or the Service (or other products or services), we shall have no obligation of any kind with respect to such message, documents, information and/or data and shall be free to reproduce and use any ideas, concepts, know-how or techniques contained in such message, documents, information and/or data, including without limitation to develop, manufacture, market and produce products and services incorporating such ideas, concepts, know-how or techniques.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. CEL Technologies reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
The Site may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by CEL Technologies. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content through or in connection with your access or use of the Site, you do so at your own risk and you agree that CEL Technologies will have no liability arising from your use of or access to any third-party website, service, or content.
Our Privacy Policy (https://finbar.com/privacy-policy/) is incorporated into, subject to and made part of these Terms of Use. In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. You shall comply with all applicable data privacy laws.
You shall indemnify, defend, hold harmless the CEL Technologies Parties against any liability or obligation arising out of or related to any breach (or any claim of breach or alleged breach) of these Terms of Use or any applicable Service Agreement(s) by you, your affiliates, directors, officers, employees or agents, you shall pay any final judgement entered against any of the CEL Technologies Parties in any such proceeding or agreed to in settlement. CEL Technologies will promptly notify you in writing of such claim or suit (provided that any delay by CEL Technologies in providing such written notice shall not affect CEL Technologies’s rights under this section unless and only to the extent you are materially prejudiced by such delay), and CEL Technologies will use commercially reasonable efforts to provide such available information and non-monetary assistance you reasonably request.
CEL Technologies does not warrant, endorse or guarantee the completeness, accuracy, integrity or timeliness of any information provided via the Site, and we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. You must evaluate, and bear all risks associated with, the use of any Content (including but not limited to Third Party Content) or other information included in the Site, including any reliance on the accuracy, completeness, safety or usefulness of such information. You acknowledge that any information included in the Site is subject to change without notice. Any opinions or assertions contained in the Site at any time or from time to time do not represent the opinions or beliefs of CEL Technologies and/or its affiliates. CEL Technologies and/or one or more of its directors, officers, employees, representatives or agents may have a position in any of the securities mentioned in Content included from time to time in the Site.
Notwithstanding anything to the contrary in these Terms of Use or in any Service Agreement, we reserve the right to change, suspend, remove, or disable access to the Site, any Content or other materials comprising a part of the Site or the Service at any time without notice, provided that we agree to at all times materially comply with our obligations under any applicable Service Agreement(s). In no event will we be liable for making these changes (provided that we have materially complied with our obligations under applicable Service Agreement(s)). Furthermore, any such change, suspension, removal or disabling of access to the Site, any Content or other materials comprising a part of the Site or the Service shall not act as a waiver of any breach of these Terms of Use or any applicable Service Agreement(s) and shall not release you or any other Person(s) from any liability related to any such Person’s breach of such Person’s obligations under these Terms of Use or any applicable Service Agreement(s).
We do not warrant, and will not have any liability or responsibility for, your use of the Site or the Service (or any part or portion thereof). We may also impose limits on the use of or access to certain features or portions of the Site and/or the Service, for any reason and without notice or liability. The Site and the Service (or any part or portion thereof) may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Your use of the site is at your sole risk. CEL Technologies makes no warranty that the site will meet your requirements. The site all information or content contained in the site is provided on an “as is” and “as available” basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content or system integration. CEL Technologies does not warrant that the site or the services will be available or operate in an uninterrupted, error-free or completely secure manner or that errors or defects will be corrected.
In no event shall any of the CEL Technologies Parties’ aggregate liability, if any, arising out of or in any way related to the site or the service exceed the fees paid by you for the service for the period of twelve (12) months prior to the event that directly gave rise to the damages claimed, without regard to whether such claim is based in contract, tort (including, without limitation, negligence), product liability or otherwise.
In no event shall CEL Technologies, any of the CEL Technologies Parties be liable for any indirect, exemplary, special, punitive or consequential damages, including, without limitation, loss of data or loss of profits, without regard to whether such claim is based in contract, tort (including, without limitation, negligence), product liability or otherwise, even if CEL Technologies has been advised of the possibility of such damages.
You and CEL Technologies agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
These Terms of Use are governed by and construed in accordance with the laws of the Country of England. CEL Technologies controls and operates the Site from its headquarters in England and may not be appropriate or available for use in other locations. If you use the Site outside the United Kingdom, you are responsible for following local Applicable Laws.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. This dispute resolution provision will survive the termination of any or all of your transactions with CEL Technologies.
By inputting any information on the Site, you are consenting to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All CEL Technologies and finbar trademarks, service marks, domain names, logos and company names or other proprietary designations of CEL Technologies used herein or referred to on the Site are either trademarks, service marks, domain names, logos or company names or are otherwise the property of CEL Technologies. In countries where any of the CEL Technologies trademarks, service marks, domain names, logos or company names are not registered, CEL Technologies claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name and company names. Other product or company names referred to on the Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name or trade name of CEL Technologies or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name or trade name. You may contact CEL Technologies by sending an e-mail or writing to the address above, to request written permission to use trademarks and materials on the Site for purposes other than stated in these Terms of Use or for all other questions relating to the Site.
As part of the Services, you will have access to third-party information which may include, among others, SEC filings, annual and interim reports, conference call transcripts, press releases, investor relations presentations, and various investment and financial documents and data (collectively, the “Third Party Data”), which has been independently obtained by CEL Technologies from public websites, financial markets information services and data vendors, news and information providers, digital media providers, various securities markets, and others (collectively, “Third Party Data Providers”). The Third Party Data is the property of the Third Party Data Providers or others and is protected by copyright. You agree not to use the Third Party Data for any unlawful purpose and agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Third Party Data in any manner beyond the licences granted herein and/or by any applicable Third Party Terms, without the express written consent of CEL Technologies and the relevant Third Party Data Provider(s). Where practicable, you agree to clearly identify the Third Party Data Provider as the source of Third Party Data. You agree to comply with reasonable written requests by CEL Technologies to protect the Third Party Data Providers’ and CEL Technologies’ respective rights in the Third Party Data. The Third Party Data Providers are third party beneficiaries under this Agreement and shall be entitled (along with CEL Technologies or alone) to enforce this Agreement by legal proceeding or otherwise against you for violations of the usage restrictions on the Third Party Data contained in this section. Your obligations under this provision shall remain in effect after termination of this Agreement. CEL Technologies disclaims any and all representations and warranties, express, implied or statutory, with respect to any and all such Third Party Data, including without limitation, any warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, title, non-infringement, quiet enjoyment, and/or non-interference.
CEL Technologies’ failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Neither party shall be in default if its failure to perform any obligation under these Terms of Use is caused solely by supervening conditions beyond that party’s reasonable control including, without limitation, acts of God, civil commotion, war, strikes, labour disputes, third party Internet service interruptions or slowdowns, vandalism or “hacker” attacks, acts of terrorism or governmental demands or requirements.
These Terms of Use constitute a binding agreement between you and CEL Technologies, and are accepted by you as a condition for your use of the Site. These Terms of Use constitute the entire agreement between you and CEL Technologies regarding the use of the Site and supersede all prior or contemporaneous communication or proposal (whether oral, written or electronic) between you and CEL Technologies (other than any applicable Service Agreement).
Your obligations and our rights and remedies set out in these Terms of Use are cumulative and are in addition to your obligations and our rights and remedies at law or in equity.
CEL Technologies may assign these Terms of Use without your consent to any other party so long as such party agrees to be bound by its terms.
Unless the context requires otherwise, in any part of these Terms of Use: (a) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; (b) “must not”, “should not”, “shall not” and “may not” are expressions of prohibition, and “will”, “must”, “should” and “shall” are expressions of command, and not merely expressions of future intent or expectation; (c) use of the singular imports the plural and vice versa; (d) references to one or no gender include other or no genders; (e) references to the terms “herein” or “hereto” refer to these Terms of Use (including any terms incorporated by reference herein); (f) the headings in these Terms of Use are for ease of reference only and shall not affect its interpretation; and (g) when calculating the time period before which, within which or following which any act is to be done or step taken pursuant to these Terms of Use, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM GMT on the applicable date.