Terms of Use

We may change these Terms of Use at any time without notice. The most current version of the Terms of Use will be posted at www.opisnet.com.

By accessing and using the OPIS web site, www.opisnet.com (the “Web Site”), you are agreeing to be legally bound by these Terms of Use. The terms “you” and “User” refer to anyone who accesses the OPIS Web Site. The terms “we” and “OPIS” refer to Oil Price Information Service, LLC, and/or Dow Jones Energy Limited, each of which is a Dow Jones & Company, Inc. (“Dow Jones”) company. As you browse through the Web Site you may access other web sites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms and conditions, the other Terms of Use will govern with respect to use of such pages.

Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of these Terms of Use as modified by the posted changes.

Registration data and other information about you are subject to the OPIS Privacy Policy posted here.

1. USE OF THE OPIS WEB SITE

OPIS hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site under these terms. The Web Site and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of OPIS. You agree to use the Web Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Web Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Web Site.

The Content is the exclusive property of OPIS or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of OPIS or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of OPIS or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You shall honor all reasonable requests by OPIS to protect OPIS’s proprietary interests in the OPIS Web Site.

2. DISCLAIMER

THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER OPIS NOR DOW JONES MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE OPIS WEB SITE, THE OPIS WEB SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE OPIS WEB SITE. OPIS AND DOW JONES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER OPIS NOR DOW JONES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

3. USER’S CONTENT

Where the User is invited to submit any contribution to the Web Site (including without limitation any text, graphics, video or audio) (the “Other Content”) you are required by such submission to grant OPIS a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in OPIS’s Privacy Policy. If you do not wish to grant such rights to OPIS, you should not submit your contribution to the Web Site. By submitting your contribution to the Website site, you also:

a. Warrant that such contribution is your own original work and that you have the right to make it available to OPIS for all the purposes specified above;

b. Indemnify OPIS against all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty; and

c. Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Web Site and the other purposes specified above.

Users entering material into the Web Site are responsible for the Other Content. OPIS has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the OPIS Web Site. However, OPIS retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that OPIS deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the OPIS Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of OPIS. The User agrees to indemnify OPIS, Dow Jones, their affiliates and agents from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that OPIS, Dow Jones, their affiliates and agents may incur as a result of either: (i) User’s use of the Web Site; or (ii) the User’s breach of these Terms of Use.

4. LINKS TO OTHER WEB SITES

You may, through hypertext or other computer links, gain access to web sites operated by persons other than OPIS. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that OPIS is not responsible for the content or operation of such web sites, and that OPIS shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that OPIS endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the OPIS Web Site.

5. OPIS PRODUCTS AND SERVICES

5.1. You become an authorized user and licensee of specifically ordered OPIS data, information and/or software products and services (“OPIS Product(s)”) by accessing, downloading (even on a temporary basis) and/or using any OPIS Products. For certain OPIS Products, you may be required to register by (i) completing the registration process; and (ii) agreeing to all the provisions of the Terms of Use together with any terms and conditions and / or license agreement that are product specific.

5.2. Trial Offers. For trials of products or services, your license commences upon approval and processing of your order by OPIS and continues for the agreed upon trial period. OPIS reserves the right to terminate your trial immediately without notice at any time for any reason or no reason. Upon termination of the trial license, you will immediately discontinue all use of and access to the products or services.. You agree and understand that no rights to sublicense are being granted. Except for the limited license specifically provided herein, these Terms of Use shall not transfer to you any right to, or interest in, the products or services, or in any content included in the products or services, or in any copyright or trademark pertaining thereto.

6. ANTI-HACKING PROVISION

You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these Terms of Use. In addition, you expressly agree not to:

a. use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

b. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent (OPIS and/or Dow Jones reserves the right to block or otherwise prevent the unauthorized use of such devices, programs or activities.);

c. obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;

d. reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Web Site or any other aspect of OPIS’s technology;

e. in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;

f. violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;

g. interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site; or

h. take or attempt any action that, in the sole discretion of this Web Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation’s infrastructure.

7. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use could be subject to criminal or civil penalties.

You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. Neither OPIS nor Dow Jones will pay you any damages in connection with your browsing or use of the Web Site.

8. TERM; TERMINATION

These Terms of Use are effective until terminated by OPIS. OPIS may terminate these Terms of Use with respect to you or any other third party or terminate or restrict access to the Web Site without notice at any time for any reason or no reason. Upon termination all rights granted in these Terms of Use shall immediately cease to exist and you must promptly discontinue all use of the Content and the Web Site and destroy all copies of the Content downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms of Use, we reserve the right to take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms of Use will survive.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPIS, DOW JONES, AND/OR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OPIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE OPIS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OPIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OPIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPIS, DOW JONES (OR ANY OF THEIR AFFILIATES) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL OPIS, DOW JONES, OR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OPIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OPIS WEB SITE.

10. GENERAL

This Web Site is controlled by OPIS from its offices within the State of Maryland, United States of America. OPIS makes no representation that the Content is appropriate for use in other locations. Any claim relating to the Content will be governed by the laws of the State of New York, notwithstanding any conflicts of law principles, and the United States of America. You and OPIS agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in the State of New York with respect to any such claim. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web Site and these Terms of Use must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. Any part of these Terms of Use that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms of Use without the prior written consent of OPIS. Any attempted assignment or transfer without such prior written consent from OPIS shall be null and void. The headings of sections of these Terms of Use are for convenience only and are not to be used in interpreting these Terms of Use. In the event OPIS is required to initiate legal proceedings to enforce any provision of these Terms of Use or you initiate any legal proceedings relating to these Terms of Use, the prevailing party shall be entitled to recover all reasonable attorneys’ fees from the other party. These Terms of Use constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms of Use may only be modified by OPIS in writing.

11. CONTACT INFORMATION

To request permission to use any Content or other OPIS material, please contact OPIS at opis@opisnet.com.