ATTENTION:  PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”) BEFORE USING THIS WEBSITE.  BY CONTINUING TO ACCESS OR USE THIS WEBSITE OR ANY SERVICE ON THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

From time to time, Stoch Analytics Limited (“SA” or “we”) may modify these Terms.  Any terms or conditions proposed by you that are in addition to or which conflict with these Terms are expressly rejected by SA and shall be of no force or effect.

1. Use of Website

This website provides users with information and resources related to SA’s product and service offerings.  You acknowledge and agree that you make your own independent decision to use the information, materials and/or services provided in this website and that any output from this website is based upon data and assumptions provided by Customer and/or obtained from external sources, the accuracy of which will not be independently verified by SA. SA does not guarantee or warrant the correctness, completeness, currentness, merchantability, or fitness for a particular purpose of this website nor its output. SA shall not have any liability in respect of this website’s output or any actions taken or decisions made on the basis thereof.  While SA employees may provide guidance and advice on system configuration, you acknowledge and agree that you are solely responsible for any financial reporting, risk management, actuarial or other business decision you make with respect to any information, materials and/or services provided in this website.  We are not responsible for determining whether any transaction you may enter into, on your or other’s behalf, is suitable, appropriate, or advisable. We are not and will not, by virtue of providing this website, be an advisor or fiduciary for you.

The information, materials and/or services at this website may be out of date, and SA makes no commitment to update the information, materials and/or services at this website.

SA’s obligations with respect to its products and services are governed solely by the separate agreements under which they are provided and nothing on this website should be construed to alter such agreements.

2. Intellectual Property and Rights Reserved

This website, including but not limited to text, content, photographs, video, audio and graphics (including all such information, materials and/or services provided by SA in response to any request through this website), is protected by copyrights, trademarks, service marks, international treaties and/ or other proprietary rights and laws of the U.S. and other countries and is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with this website are owned by SA, or third-parties who have authorized their use.

All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to this website shall, as between you and SA, at all times be and remain the sole and exclusive property of SA.

3. Restrictions on Use

You may not use this website or the information, materials and/or services provided in this website for any illegal purpose or in any manner inconsistent with these Terms.  You agree to use this website in compliance with all applicable laws and regulations, solely for your personal use and benefit or that of your organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity.  You agree not to: (a) post or transmit any content that is harmful, defamatory, obscene or otherwise objectionable; (b) attempt to gain unauthorized access to any portion of the website; (c) use the website to distribute unsolicited commercial messages (spam); or (d) use, transfer, distribute or dispose of any information, materials and/or services contained in this website in any manner that could compete with the business of SA.  You acquire no rights or licenses in or to this website, nor to any information, materials and/or services contained therein.  SA prohibits caching this website, unauthorized hypertext links to this website and the framing of any information, materials and/or services available through this website.

4. Disclaimers and Limitation of Liability

Neither SA, its affiliates, nor any third-party involved in, or related to, compiling, computing or creating any of the information, materials and/or services in this website (collectively, the “SA Parties”) warrants or guarantees the originality, accuracy and/or the completeness of any of the information, materials and/or services or the results to be obtained by any use thereof.  Further, the information, materials and/or services in this website are provided on an “as is” and “as available” basis.  None of the SA Parties makes any express or implied warranties of any kind and the SA Parties hereby expressly disclaim all warranties (including, without limitation, all warranties of title, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose and all implied warranties arising from trade usage, course of dealing and course of performance) with respect to such information, materials and/or services. 

Without limiting the generality of any of the foregoing, in no event shall any of the SA Parties have any liability to any person or entity for any damages, whether direct, indirect, special, incidental, punitive, consequential (including, without limitation, loss of use, lost profits or revenues or any other economic loss), rising out of the use, inability to use, or the results of use of this website, any websites linked to this site, or the information, materials and/or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not the SA Parties have been advised of the possibility of such damages.

5. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless SA and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of this website, or any links on this website, including, but not limited to your use or someone using your computer’s use of this website. You agree to pay any and all costs, damages and expenses (including reasonable attorney’s fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.

6. Termination

We reserve the right to terminate or suspend your access to this website at any time, without notice, for any reason, including if we believe you have violated these Terms.

7. Governing Law

These Terms shall be governed by the laws of the United States of America and the State of New York without reference to its conflict of law principles and the parties irrevocably submit to the exclusive jurisdiction of the courts located in the federal and state courts located in New York County, New York and hereby waive any claim of lack of venue or of forum non convenience.  Without limiting the foregoing, the United Nations Convention on International Contracts for the Sale of Goods will in no event apply to these Terns.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of these Terms shall remain in full force and effect. If you choose to access this website from outside the United States, you are responsible for compliance with foreign and local laws.