Terms of Service

View The McGraw-Hill Companies Terms of Use

S&P Capital IQ Financial Communications (FC) is a division of The McGraw- Hill Companies, Inc. that provides financial education and related resources intended for informational purposes only. No feature of the McGraw-Hill Products contained herein shall constitute an offer or solicitation with respect to the purchase or sale of any security. The views expressed in the McGraw-Hill Products, which include but are not limited to educational and related publications constitute the judgment of the author(s) as of the publication date and are subject to change without notice. Any unauthorized use, duplication, redistribution or disclosure is prohibited by law and will result in prosecution. A member is not required to be a customer of FC or its affiliates to enroll.

FC and its affiliates do not provide tax or legal advice. To the extent that this material or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

FC web based content and services ("Services") may be purchased by signing our Corporate Services Agreement, which incorporates these terms and conditions in full by reference, or through our online ordering process, which includes acceptance of these terms and conditions as a required component of the process. In either case, the Corporate Services Agreement or online order form (as the case may be) and these terms and conditions, taken together (collectively, the "Agreement"), set forth the terms and conditions upon which services are sold and provided by FC to its clients ("You").

FC may amend or modify these terms and conditions at any time and from time to time without notice to You, so You should visit this page periodically to review the most current version.

Who May Use the Site?
The Site may only be accessed and used by visitors to this web site to utilize the Services in accordance with the terms and conditions of this Terms of Services Agreement.

In no event may this Site or its content be used or linked to by any party charging a fee for access to this Site or for access to any information gathered in this Site without the prior written consent of FC in each instance.

Entire Agreement.
This Agreement, together with our Privacy Policy and any written license and services agreement or subscription agreement between You and FC relating to the Site, constitutes the entire agreement between us with respect to your use of the Site and supersedes any previous oral or written arrangements or understandings relating thereto. In the event of any conflict or inconsistency between these Terms of Service and any written license and services agreement or subscription agreement between us and any User, the provisions of the applicable license and services agreement or subscription agreement shall prevail.

Purchase of Services. As a client of FC, You agree to purchase and pay for such services, in each case on the terms and subject to the conditions set forth in the Agreement, which includes the terms and conditions set forth below.
Web Site Usage Guidelines. FC will allow authorized users specified in the Agreement to access its web site (the "Site") and the services purchased using an assigned username and password as described in Section 4 herein.
Content.
1. You are responsible for any and all content and communications that You publish or post on the Site or submit to FC or any user of the Site, and for the consequences of its publication and use, including, but not limited to, newsletters, charts, articles, links to web sites (collectively, the "Content").
2. You represent and warrant that You have the right to publish and display any Content You publish or post on the Site or submit to FC or any user of the Site, and that such Content does not and will not infringe upon or violate any copyright, trademark or other intellectual property rights of others, any applicable law or regulation or any privacy, publicity or other personal rights of others. You agree to indemnify and hold FC harmless from, and against, any expense, liability, claim or loss that results from any claims arising out of the publication or delivery of your Content.
3. FC reserves the right, in its sole discretion (but shall have no obligation), to reject or cancel the publication or delivery of any Content for any reason at any time or to modify, reject, remove or edit any Content on the Site for any reason, without notice. Without limiting the generality of the authority prescribed in the preceding sentence, FC reserves the right, in its sole discretion, to modify, reject, remove or edit any Content which it deems to be unacceptable, unlawful, distasteful, immoral, unethical, offensive, discriminatory, objectionable or otherwise in violation of any provision of this Agreement or which it believes may create liability for FC or may cause FC to lose any clients or customers or the services of its ISPs or any other suppliers. Any decision by FC to modify, reject, edit or remove any Content shall be final, binding and not subject to debate or refund. FC will not be liable for any claims or damages related to exercising, or failing to exercise, its right to modify, edit, remove, reject or cancel publication or delivery of any Content.
Authorized Users; Password Protection. To access Services delivered on the Site, You will establish a unique username ("Username") and a unique password ("Password") when creating an account, which will enable You (and only You) to access and use the Services. You will be solely responsible for the security of Usernames and Passwords and You agree to comply with the procedures specified by FC from time to time regarding using and updating Usernames and Passwords to the Site. You are responsible for maintaining the confidentiality of your Username and Password and You will be subject to termination and/or additional fees if You share your Username and Password without the express written consent of FC.
Communication to Members.
1. If and to the extent applicable, You will hereby comply with the Can Spam Act of 2003, and to include in your Content all information required for compliance (including your physical address, valid instructions for Members to opt-out of any future communications by You, and other information required by law as may be amended from time to time).
Fees; Payment Terms.
1. Fees. The fees payable by You hereunder are set forth in the Agreement or, in the case of online ordering, are as presented to You within the Site.
2. Payment/Timing. All amounts required to be paid to McGraw-Hill Financial Communication hereunder shall be paid in U.S. dollars or by credit card at the time of purchase or within thirty (30) days from the date of the applicable McGraw-Hill Financial Communication invoice, if invoice payment is permitted by McGraw-Hill Financial Communication. All amounts due hereunder are net amounts, and You agree that You will be responsible for all sales, use or services taxes of any kind, with the exception of taxes due on FC income. Payments which are not received within the stated time period may be subject to an interest charge equal to the greater of one and one half percent (1½%) per month, or the maximum amount allowed by applicable law. McGraw-Hill Financial Communication has no obligation to refund any fees received under any circumstances, except as otherwise expressly provided in this Agreement.
Credit Verification. You agree to provide FC with such credit information as FC may request from time to time to substantiate the extension or continuation of payment terms hereunder, and authorize FC at any time and from time to time to obtain credit information about You from trade and bank references, consumer credit agencies and other credit sources.
Term and Termination.
1. Term. The Term of this Agreement (the "Initial Term") commences upon the Effective Date of the mutually-signed Agreement or, in the case of online ordering, the day You complete your transaction and purchase the Services. The Initial Term and any renewal terms of the mutually signed Agreement expire in accordance with the terms of the Agreement, or in the case of online ordering, on the date indicated on your Transaction Confirmation page (which You will receive following the online purchase of the Services), unless sooner terminated as provided herein.
2. Termination. If You breach any provision of this Agreement, FC may, at its option and without notice, (i) immediately discontinue and terminate your access to and use of the Services and/or (ii) pursue any and all other available remedies. In addition, FC may, at its option and without notice, discontinue and terminate your access to and use of the Services without cause, for any reason or for no reason. In the event of a termination by FC for any reason other than breach by You of this Agreement, You will be entitled to a refund of any prepaid but theretofore unapplied fees. Upon any termination for any reason, You will immediately cease all use of the Services.
3. Survival of Terms. The terms specified within Sections 3, 4, 6, 8, 9, 10, and 13 will survive expiration or termination of the Agreement.
Other General Terms.
1. You acknowledge and agree that your access to and use of the Site and the Services are subject to, and You hereby accept and agree to abide and be bound by, the Terms of Use and Privacy Policy available at the Site as they may be amended from time to time by FC at its sole and complete discretion.
2. You agree to keep the pricing, terms, conditions and contents of your agreement with McGraw-HillMcGraw-Hill confidential and will not publicize or disclose the pricing, terms, conditions or contents of it to any third party without the prior written permission of FC.
3. You may not assign this agreement or any rights granted herein without the express written consent of FC.
Logo and Name Usage. You grant to FC the right to cite your company as an FC client, and to use or display your company's name or logo on the Site. In addition, You hereby grant to FC the right to use and display your Company's name and logo in promotional materials provided that all uses are consistent with any and all branding or usage guidelines provided by You to, with written confirmation of receipt by, FC.
Limitation of Liability. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. $fcNameUpCase EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. $fcNameUpCase MAKES NO WARRANTY THAT (I) THE SITE, THE SERVICES OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED, (IV) THAT THE SITE OR THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE OR THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (V) ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR THE SERVICES OR ANY SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL $fcNameUpCase BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, REGARDLESS OF WHETHER $fcNameUpCase KNEW OF THE POSSIBILITY THEREOF. $fcNameUpCase 'S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF ALL FEES PAID TO $fcNameUpCase HEREUNDER DURING THE THREE (3) MONTH PERIOD PRECEDING THE IMPOSITION OF LIABILITY, OR (B) $100.00.
Waiver. No waiver of any provision of these Terms of Service by FC shall be effective unless in writing signed by an authorized representative of FC. The waiver by FC of a breach or violation of any provision of these Terms of Service shall not constitute a waiver by FC of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of FC to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by FC. Any provisions of these Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of these Terms of Service.
Miscellaneous. This Agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) will be governed by the laws of the Commonwealth of Massachusetts, and (iii) may not be assigned by the You, in whole or in part, directly or indirectly, by operation of law or otherwise. The terms and conditions of this Agreement may not be amended or waived without the prior written consent of FC. FC reserves the right to amend or modify these terms and conditions, the Site and/or the Services at any time and from time to time without notice.

User Information
When You register on the Site and during the course of your use of the Site, You will be asked to provide certain personally identifiable information about You, such as your name, address, e-mail address and similar information. All personally identifiable information You provide to us is protected under and subject to our Privacy Policy which is published on this Site, as amended and in effect from time to time.

We also gather and compile information and data about our Users and their usage of the Site on a collective basis and in a manner which does not disclose or reveal any personally identifiable information about individual Users. You understand, acknowledge and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we deem appropriate so long as it does not contain personally identifiable information about our Users.

Third Party Content and Links
The Site provides content and material from, and links and references to, web sites of third parties and other third party resources not controlled by FC (collectively, "Third Party Content"). You acknowledge and agree that FC neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will FC be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site. Nothing on the Site shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content.

Proprietary Rights
The contents of the Site, including, but not limited to, its look and feel, text, graphics, icons, logos, buttons and images and any and all software used on or incorporated in the Site (collectively, the "Site Content"), are protected under United States and foreign copyright, trademark, patent, trade secret and other laws. All Site Content is the property of FC or its suppliers or business partners. The compilation (meaning the collection, arrangement and assembly) of the Site Content is the exclusive property of FC and is protected by United States and international copyright laws. Unauthorized use of the Site Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Site Content on any copy You make of such material. You may not (a) sell or modify the Site Content; (b) modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, or (c) reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose. The use of the Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

The Site also contains many third-party trademarks and service marks of FC business partners. All such marks are the property of their respective holders.

Copyrights and Copyright Agent
If You believe any content or materials on the Site infringes your copyright, You agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:

A description of the copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Any copyright issues should be sent to the following e-mail address: fcsupport@spcapitaliq.com

Indemnification
You agree to defend, indemnify and hold harmless McGraw-ions and each of its officers, directors, employees and agents from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys' fees, resulting from your (i) use or misuse of the Site, (ii) violation of these Terms of Service (as amended and in effect from time to time), (iii) conduct, communication or interaction with any other user of the Site or any of your other activities on the Site, or (iv) violation of the rights of any other User of the Site or any other person or entity. Use of this Site is at your own risk.

Site Security and Integrity.
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its Content in any way, including, without limitation:

Accessing content, data, features or functionality on the Site for which your password is not authorized or accessing or logging into a server or account that You are not authorized to access.
Deleting or revising any Content (including, but not limited to, legal notices) posted by FC.
Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content available from the Site.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from FC on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox).
Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. FC may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.