Products and Services Terms Of Use

Welcome to xanalytics.com (“Web site”).

Please read the following Notice carefully. This Notice, as well as the Privacy Policy of Exchange Analytics Inc. (“Exchange Analytics”) and all applicable laws and regulations, strictly governs the purchase and use of any product or service, or any license to use any product or service, offered by Exchange Analytics for retail sale including but not limited to exam preparation, compliance training, and continuing education products and services (“Product” or “Service”). Each Purchaser will be deemed to have agreed to these terms and conditions upon the placement of an order for a Product or Service, or in the case of a non-purchasing authorized and registered end user, upon use of the Product or Service. Any person, firm, corporation, financial organization, business organization or entity purchasing a Product or Service or, as the case may be, an authorized user of a Product or Service properly registered with Exchange Analytics through a sponsoring firm, is termed “Purchaser” throughout this Notice.

This Notice may be amended at any time and from time to time in the sole discretion of Exchange Analytics. Any amendment shall be effective immediately upon posting on this web page. By ordering or using any Product or Service following posting of an amendment, each Purchaser agrees to be bound by the terms and conditions set forth herein as amended.

Controlling Provisions

No terms and conditions other than the terms and conditions contained herein shall be binding upon Exchange Analytics as to a Purchaser unless those terms and conditions are contained in a written agreement signed by both the Purchaser and an authorized officer of Exchange Analytics. The terms of this Notice supersede any inconsistent, different, additional or conflicting provision in any purchase order or order acknowledgement for all intents and purposes unless that purchase order or order acknowledgement is signed by both Purchaser and Exchange Analytics and the provision in the purchase order or order acknowledgement indicates with specificity which provision in this Notice it takes precedence over. All prior proposals, negotiations and representations, if any, are merged herein.

Pricing

Pricing for the Products or Services may vary. Exchange Analytics reserves the right to change, from time to time, the pricing of the Products and Services as advertised as it deems appropriate in its sole and absolute discretion, without notice.

Shipment and Delivery

Exchange Analytics will make a good faith effort to complete delivery of the Products as directed by Purchaser, but assumes no responsibility or liability for loss or damage due to delay or inability to deliver the Products as directed unless the failure to deliver was caused by the gross negligence or willful misconduct of Exchange Analytics. Risk of loss shall transfer to the Purchaser upon delivery of Products to Purchaser, Purchaser’s employees, representative or agent, as the case may be. The cost of shipping and handling will be added to the amount of the order. Purchaser bears all costs if shipment or delivery is made erroneously as a result of inaccurate, incomplete or misleading information supplied by Purchaser, Purchaser’s employee, representative, or agents, as the case may be.

Taxes

Where applicable, and unless an exemption certificate is provided to Exchange Analytics, sales, use, excise, services, consumption and other taxes or duties that Exchange Analytics, as seller, is permitted or required to collect, by law, from a purchaser that are assessed on the purchase, license, receipt and/or use of the Products or Services by Purchaser will be added to the order.

Ownership of Content

Exchange Analytics or its third party licensors, as the case may be, own, and expressly reserve, all worldwide right, title and interest in and to the Products and Services, as well as all patents, patent applications, trade names, trademarks, trade secrets, service marks, copyrights, copyright registrations and all other proprietary rights associated therewith, as well as the methods by which the Products and Services are displayed or performed and the processes that make up or comprise the Products and Services. The Products and Services are protected by the United States and international copyright laws as well as other intellectual property laws and treaties.

Use of Content

The Products and Services are provided to the Purchaser for his/her/its own personal, internal, non-commercial use only, and depending upon the Product or Service either as a (i) tool to assist you in preparing for an identified examination, (ii) module to complete as part of a program for compliance training or (iii) means of completing or participating in a personalized firm program and for NO OTHER PURPOSE OR USE.

The right granted to each Purchaser under this Agreement is limited, terminable, nonexclusive, nontransferable and revocable. NO Purchaser may, directly or indirectly, copy, reproduce, republish, transmit, or distribute any Product or Service, in any form or medium or by any means, electronic, mechanical, photocopying, recording, or otherwise. A Purchaser may not, directly or indirectly, modify, remove, delete, add to, disassemble, alter, sublicense, transfer, share, sell, exploit, or create derivative works of the Products or Services, in whole or in part, by any means whatsoever, whether or not for commercial, economic or financial purposes or gain. PRODUCTS AND SERVICES ARE NOT TRANSFERABLE.

Changes or Modifications

Exchange Analytics reserves the right to discontinue, change or revise, any Product or Service, in its sole and absolute discretion, and without notice.

Exchange Analytics may make changes or modifications to its Products for any one of a number of reasons including clarification of original content, or a change in an examination, regulation or legislation.

Unauthorized Products

Exchange Analytics sells the Products exclusively through this Web site, its offices and authorized affiliates. Products offered online through web sites other than xanalytics.com and identified as Exchange Analytics products are likely unlawful copies and infringing or otherwise offered through an unauthorized resale. Any services provided by Exchange Analytics that are incidental to the use of its Products are not available for infringing products or unauthorized resales. Incidental services are only provided to purchasers who have purchased the Products directly from either xanalytics.com or an Exchange Analytics office or an authorized affiliate.

Disclaimer of Warranties

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AND IN PARTICULAR, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ESSENTIAL PURPOSE.

THE PRODUCTS AND SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE OR TO BE COMPLETE ON THE SUBJECT MATTER CONTAINED THEREIN. EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OF CONTENT. THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS,” AND “WITH ALL FAULTS”. EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS CAN NOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR NONINFRINGEMENT OF THE PRODUCTS OR SERVICES, OR THE INFORMATION CONTAINED THEREIN, AND FURTHERMORE DO NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL ASSURE A PASSING GRADE ON AN EXAMINATION. EACH END USER SOLELY BEARS THE RISK WITH RESPECT TO HIS OR HER INDIVIDUAL ABILITY TO OBTAIN A PASSING GRADE ON AN EXAMINATION.

DUE TO THE NATURE OF THE INTERNET, MALFUNCTIONS IN SOFTWARE AND HARDWARE, MECHANICAL ERRORS AND OTHER CONTINGENCIES, ALL ONLINE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS. EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS DO NOT WARRANT THAT THE ONLINE PRODUCTS WILL BE CONTINUOUSLY AVAILABLE TO THE USER OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE HARDWARE OR SOFTWARE WHICH MAKE THE WEB SITE OR THE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. EACH PURCHASER ASSUMES SOLE RESPONSIBILITY FOR THE SECURITY, INCLUDING BUT NOT LIMITED TO INFORMATION SECURITY, FIREWALL PROTECTION, AND HARDWARE AND SOFTWARE PROTECTION, OF HIS/HER/ITS COMPUTER SYSTEM, NETWORK AND INTERNET CONNECTION. EACH PURCHASER IS SOLELY RESPONSIBLE AND ASSUMES THE RISK FOR ANY AND ALL DAMAGE TO PROPERTY, LOSS OF DATA OR ECONOMIC INJURY WHICH OCCURS TO HIS/HER/ITS COMPUTER OR SYSTEM AS A RESULT OF THE USE OF OR ACCESS TO THE ONLINE PRODUCTS OR SERVICES OR THE WEB SITE THAT MAKES THOSE PRODUCTS OR SERVICES AVAILABLE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EXCHANGE ANALYTICS OR ITS AFFILIATES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFIT OR OPPORTUNITIES ARISING OUT OF OR RESULTING FROM THE PRODUCTS AND SERVICES OR THE PURCHASE OR USE THEREOF, EVEN IF EXCHANGE ANALYTICS OR ITS AFFILIATES, SUPPLIERS OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF RECOVERY OR CIRCUMSTANCES UNDER WHICH THE DAMAGES ARISE INCLUDING WITHOUT LIMITATIOIN, BREACH OF CONTRACT, TORT, NEGLIGENCE, FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, TIMELINESS, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, AND/OR LACK OF AUTHENTICITY OF ANY CONTENT. Subject to the “Choice of Law” provision set out below, some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions, the liability of Exchange Analytics and its affiliates, suppliers and contractors shall be limited to the greatest extent permitted by law.

IN NO EVENT SHALL THE TOTAL LIABILITY OF EXCHANGE ANALYTICS OR ITS AFFILIATES, SUPPLIERS OR CONTRACTORS FOR ALL DAMAGES AND LOSSES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR THE PURCHASE OR USE THEREOF EXCEED THE TOTAL AMOUNT PAID BY PURCHASER FOR THE SINGLE PRODUCT OR SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM.

Exclusion

Nothing in this Notice is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.

Limitation of Claims

Any action on any claim against Exchange Analytics and/or its affiliates, suppliers, licensors and/or contractors must be brought by a Purchaser within one (1) year following the date the claim first accrued, or shall be deemed waived.

Force Majeure

Exchange Analytics shall not be liable for any delay or failure in performance due to events outside of its reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, terroristic acts, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of Exchange Analytics shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay.

Choice of Law

THE PURCHASE AND USE OF THE PRODUCTS AND SERVICES AS WELL AS THE PROVISIONS OF THIS NOTICE ARE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW PROVISIONS OF ANY GIVEN JURISDICTION AND WITHOUT REGARD TO LOCATION OF THE PURCHASER.

Forum

ALL DISPUTES THAT MAY ARISE BY REASON OF OR THAT RELATE TO THE PURCHASE OR USE OF THE PRODUCTS OR SERVICES OR THE INTERPRETATION OR ENFORCEMENT OF THIS NOTICE SHALL BE BROUGHT BEFORE A COURT LOCATED IN THE STATE OF ILLINOIS TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE OR COUNTRY. PURCHASER IRREVOCABLY AND UNCONDITIONALLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED WITHIN THE STATE OF ILLINOIS SOLELY FOR THE PURPOSE OF SUCH DISPUTES AND FURTHER WAIVES ANY CLAIM THAT SUCH COURTS DO NOT HAVE JURISDICTION OVER THE DISPUTE OR THAT THE VENUE IN ANY SUCH COURT IS NOT APPROPRIATE OR CONVENIENT.

Severability

If any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of the provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of the provision or any other provision of this Agreement and the invalid, unenforceable or void provision shall be reformed without further action by either you or Exchange Analytics to extent necessary to make such provision valid and enforceable and to achieve to like fundamental benefits, effect and intent of such provision.

 

Website Terms Of Use Agreement

Welcome to xanalytics.com (“Web site”).

Please read the following Agreement carefully. This Agreement, as well as the Privacy Policy of Exchange Analytics Inc. (“Exchange Analytics”) and all applicable laws and regulations, strictly governs your use of the Web site and the Content as defined below. By enrolling into Exchange Analytics’ online courses or using this website, you agree that you have read, understand, agree to and are bound by the terms, conditions and limitations contained in this Agreement.

This Agreement continues to be binding upon you, and remains effective, each time that you use or access the Web site. However, this Agreement may be amended at any time and from time to time in the sole discretion of Exchange Analytics. Any amendment shall be effective immediately upon posting on the Terms of Use page of the Web site. The Terms of Use page can be accessed regularly by clicking on the “Terms of Use” link. By accessing or using the Web site following the posting of an amendment to this Agreement, you agree to be bound by the terms and conditions set forth herein as amended.

Ownership Of Content

Unless otherwise noted, the content contained within or which comprises the Web site, including but not limited to all code, images, illustrations, designs, icons, photographs, data, text, logos and all other written or graphic material that are included in or are part of the Web site (collectively “Content”) is owned by Exchange Analytics. Exchange Analytics owns, and expressly reserves, all worldwide right, title and interest in and to the Web site and the Content as well as the compilation thereof and all patents, patent applications, tradenames, trademarks, service marks, copyrights, copyright registrations and all other proprietary rights associated therewith. The Content is protected by United States and international copyright and trademark laws.

Use Of Content

The Content is provided to you for your own personal, noncommercial use only and for NO OTHER purpose or use. The right granted to you under this Agreement is limited, terminable, nonexclusive, nontransferable and revocable.

You shall not and will not, directly or indirectly, copy, reproduce, republish, upload, post, transmit, or distribute the Content, in any form or medium or by any means, electronic, mechanical, photocopying, recording, or otherwise, or store the Content in a retrieval system under any circumstances. You shall not, directly or indirectly, modify, disassemble or alter the Content or use the Content in any other media or location or for any other purpose.

You shall not and will not sublicense, transfer, share, sell or otherwise distribute all or any portion of the Content to any third party, by any means whatsoever, whether or not for commercial, economic or financial purposes or gain. Nothing contained in this Agreement or in the Web site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Content except as may be specifically permitted by this Agreement. It is expressly understood that nothing contained in this Agreement or in the Web site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any logo, trademark, tradename or service mark contained within, or appearing on, the Web site except that such logo, trademark, tradename or service mark shall be kept intact in connection with the permitted use of the Content.

In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Disclaimer Of Warranties

The Content is provided to you as either a tool to assist you in satisfying certain continuing education requirements within the financial industries.

THE WEB SITE AND ITS CONTENT ARE NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE OR TO BE COMPLETE ON THE SUBJECT MATTER CONTAINED THEREIN. EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OF CONTENT. THE WEB SITE AND THE CONTENT ARE PROVIDED TO YOU, THE USER, “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND OR DESCRIPTION, EITHER EXPRESS OR IMPLIED. EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS CAN NOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR NONINFRINGEMENT OF THE CONTENT, OR THE INFORMATION CONTAINED THEREON, AND FURTHERMORE DO NOT WARRANT THAT THE CONTENT, THE INFORMATION CONTAINED IN THE WEB SITE WILL SATISFY ANY REQUIREMENTS, STATUTORY, REGULATORY OR OTHERWISE CONCERNING CONTINUING EDUCATION AS THE CASE MAY BE. YOU SOLELY BEAR THE RISK WITH RESPECT TO YOUR INDIVIDUAL COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS.

DUE TO THE NATURE OF THE INTERNET, MALFUNCTIONS IN SOFTWARE AND HARDWARE, MECHANICAL ERRORS AND OTHER CONTINGENCIES, THE WEB SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND OR DESCRIPTION, EITHER EXPRESS OR IMPLIED. ADDITIONALLY, EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS DO NOT WARRANT THAT THE WEB SITE, ITS CONTENT OR ITS FUNCTIONS WILL BE CONTINUOUSLY AVAILABLE TO THE USER OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE HARDWARE OR SOFTWARE WHICH MAKE THE WEB SITE OR THE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. YOU ARE SOLELY RESPONSIBLE AND ASSUME THE RISK FOR ANY AND ALL DAMAGE TO PROPERTY, LOSS OF DATA OR ECONOMIC INJURY WHICH OCCURS TO YOUR COMPUTER OR ITS SYSTEM AS A RESULT OF YOUR USE OF OR ACCESS TO THE WEB SITE OR ITS CONTENT.

IN FURTHERANCE OF THE FOREGOING AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXCHANGE ANALYTICS AND ITS AFFILIATES, SUPPLIERS AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AND IN PARTICULAR, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT AND ESSENTIAL PURPOSE.

EXCHANGE ANALYTICS SELLS ITS COURSES/TRAINING MATERIAL EXCLUSIVELY THROUGH ITS WEBSITE, OFFICES AND AUTHORIZED AFFILIATES.

INTERNET USERS ARE ADVISED THAT COURSES SOLD ONLINE AT SITES OTHER THAN XANALYTICS.COM AND IDENTIFIED AS EXCHANGE ANALYTICS COURSES MAY, IN FACT, BE ILLEGALLY PHOTOCOPIED OR SECOND-HAND.

SUCH COURSES ARE NOT COVERED BY EXCHANGE ANALYTICS’S SERVICES AND GUARANTEE. SUCH SERVICES CAN ONLY BE PROVIDED TO STUDENTS WHO HAVE PURCHASED MATERIAL FOR THEIR OWN USE FROM EXCHANGE ANALYTICS’ WEBSITE, OFFICES OR AUTHORIZED AFFILIATES.

Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL EXCHANGE ANALYTICS OR ITS AFFILIATES, SUPPLIERS OR CONTRACTORS BE LIABLE TO YOU, YOUR SPONSOR, EMPLOYER OR ANY ONE ELSE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST DATA, ARISING OUT OF OR RESULTING FROM ACCESSING OR USE OF THE CONTENT OR THE WEB SITE OR, CONVERSELY, THE INABILITY TO ACCESS OR USE THE CONTENT OR THE WEB SITE, EVEN IF EXCHANGE ANALYTICS OR ITS AFFILIATES, SUPPLIERS OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF RECOVERY OR CIRCUMSTANCES UNDER WHICH THE DAMAGES ARISE INCLUDING WITHOUT LIMITATIOIN, BREACH OF CONTRACT, TORT, NEGLIGENCE, FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, TIMELINESS, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, AND/OR LACK OF AUTHENTICITY OF ANY CONTENT. Subject to the “Choice of Law” provision set out below, since some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and as such, some portion of the above may not apply to you. In such jurisdictions, the liability of Exchange Analytics and its affiliates, suppliers and contractors shall be limited to the greatest extent permitted by law. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF EXCHANGE ANALYTICS OR ITS AFFILIATES, SUPPLIERS OR CONTRACTORS FOR ALL DAMAGES AND LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OR NONUSE OF THE CONTENT OR THE WEBSITE EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ENROLLMENT IN THE ONLINE COURSE, AS THE CASE MAY BE, WHICH GAVE REASON FOR YOUR ACCESSING THE WEB SITE.

Hyperlinks

The Web site may contain hypertext links to information created and maintained by other public or private organizations. Exchange Analytics does not operate or control in any respect, any information, products or services contained in or promoted or provided by those third-party sites. Exchange Analytics does not control or guarantee the accuracy, relevance, timeliness or completeness of the information contained within those third-party sites. Further, the inclusion of links to external sources is not intended to endorse any views expressed on those third-party sites, any product, service or other material offered on those sites, or the organizations sponsoring those sites. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THIRD-PARTY SITES.

Choice Of Law

YOUR ACCESS TO AND USE OF THE WEB SITE AND THE TERMS OF THIS AGREEMENT ARE AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW PROVISIONS OF ANY GIVEN JURISDICTION AND WITHOUT REGARD TO LOCATION OF THE USER.

Forum

ANY AND ALL DISPUTES WHICH MAY ARISE AS A RESULT OF OR BY REASON OF YOUR USE OF THE WEB SITE OR THE CONTENT SHALL BE LITIGATED BEFORE A COURT LOCATED IN THE STATE OF ILLINOIS TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE OR COUNTRY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED WITHIN THE STATE OF ILLINOIS SOLELY FOR THE PURPOSE OF SUCH DISPUTES AND FURTHER WAIVE ANY CLAIM THAT SUCH COURTS DO NOT HAVE JURISDICTION OVER THE DISPUTE OR THAT THE VENUE IN ANY SUCH COURT IS NOT APPROPRIATE OR CONVENIENT.

Termination

Exchange Analytics may change, suspend or discontinue the Web site in its entirety or any aspect of the Web site at any time and from time to time, in its sole and absolute discretion without notice or liability. Exchange Analytics may also impose limits on certain features and services or restrict access to all or a portion of the Web site at any time and from time to time, in its sole and absolute discretion without notice or liability.

Severability

If any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of the provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of the provision or any other provision of this Agreement and the invalid, unenforceable or void provision shall be reformed without further action by either you or Exchange Analytics to extent necessary to make such provision valid and enforceable and to achieve to like fundamental benefits, effect and intent of such provision.