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Software
This section of our Web site
is powered by software from Knobias and and its development
partner b2i Technologies, Inc., hereinafter referred
to as ("Provider"). Provider creates proprietary
online communications solutions that empower public
and private companies to maximize efficiency and effectiveness
in building relationships with the financial community
on a global scale
1. Terms and conditions
acknowledgment
Provider offers these Terms and Conditions (the "Terms
and Conditions") to you, the user of the Provider
service (hereinafter referred to as "user"
or "you"). These Terms and Conditions govern
your use of Provider's technology ("the Provider
Service"). PLEASE READ THIS INFOMATION CAREFULLY.
You understand that accessing or transmitting information,
registering or otherwise participating in the Provider
Service constitutes and shall be deemed an acceptance
by you of the following Terms and Conditions. Provider
reserves the right, at its sole discretion, to change,
modify or add to these Terms and Conditions, at any
time, and without prior notice to you. Any such changes
or modifications will become effective upon posting
modified Terms and Conditions on the Web site. If you
do not agree with these Terms and Conditions, you must
not use or participate in the Provider Service.
2. Provider role
Provider is not involved in preparation of the information
contained on the Web site ("Site Information"),
does not review, edit or endorse such information or
the companies included in the Provider Service in any
way, and is not responsible for their content or accuracy.
Provider is merely a passive transmitting vehicle. Provider
shall not be liable for any damages, losses or costs
of any type arising out of or in any way connected to
your use of the information.
Provider does not offer investment advice. Provider
is not a registered broker-dealer or investment advisor
and does not endorse or recommend the services of any
brokerage company or investment advisor. Any brokerage
company or investment advisor you may engage is solely
responsible for its services to you. Provider shall
not be liable for any damages or costs of any type arising
out of or in any way connected with your use of the
services of the brokerage company.
3. Registering with Provider
You must be at least eighteen (18) years of age to register
with the Provider Service. By completing a registration
for the Provider Service, you agree that any and all
information that you supply in the registration process
and other information that Provider may require from
time to time, is current, truthful, and complete. Provider
reserves the right to terminate your registration with
the Provider Service at any time or in the event that
the information provided by you, including your e-mail
address, is no longer current or accurate. You agree
to maintain only one active registration with the Provider
Service at all times and you certify that you currently
have no other registration(s) with the Provider Service.
You shall be the only authorized user of the Provider
Service through your User Name and Password. You also
agree that you shall be solely responsible for all messages
posted, statements made, or acts or omissions that occur
within the Provider Service through the use of your
User Name and Password. You agree not to provide or
make known your User Name, Password or e-mail address
to any other person for the purpose of facilitating
such person's access and unauthorized use of the Provider
Service.
If you allow third parties to access the Provider Service
through your User Name and Password, you will defend
and indemnify Provider, its affiliates and any independent
contractor engaged by Provider to assist in moderating
the Provider Service, against any liability, costs or
damages arising out of claims or suits by such third
parties based upon or relating to such access and use.
If you believe someone has used your Password without
your authorization, or has, in your judgment, violated
these Terms and Conditions, you should notify Provider
immediately.
4. User conduct guidelines.
You understand that using the Provider Service for an
illegal purpose or to transmit content that is unlawful,
harassing, libelous, invasive of another's privacy,
harmful, vulgar, obscene, or otherwise objectionable,
may result in removal of messages and/or termination
of your membership. In addition, you will be solely
liable for any unlawful acts, harassment, libel, invasion
of privacy, harm or use of vulgar, obscene or offensive
language that results from your use of the Provider
Service. Among the categories of postings or actions
that could result in the removal of a message and/or
the termination of your membership are:
The unauthorized posting of material,
nonpublic information about companies.
The use of the Provider Service to transmit junk mail,
spam, or unsolicited mass distribution of emails.
The posting or transmittal of content that you are prohibited
by law from transmitting (e.g., third-party copyright
or trademark) or that you are prohibited from transmitting
by contractual or fiduciary duties (e.g., nondisclosure
agreement terms).
The posting of content that is threatening or harassing
of any other individual or entity, particularly any
member of the Provider Service, any entity discussed
in the Provider Service, or the Provider Service.
The posting of content that is libelous or invades the
privacy of any other individual or entity.
The posting or transmittal of obscene or sexually explicit
content.
The posting of knowingly false or misleading statements.
The posting of information to manipulate, or attempt
to manipulate the market for any security.
The impersonation by you of any person or entity, or
any false statement of affiliation by you with any person
or entity.
The posting or transmittal of any unsolicited advertising,
promotional or marketing materials, sales information
or other forms of solicitation.
The posting of statements that constitute offers to
buy or sell any security or investment advice.
The posting or transmittal of any message or content
that violates any applicable local, state, national,
international or foreign law, including rules and regulations
promulgated by the U.S. Securities and Exchange Commission,
the Board of Governors of the Federal Reserve System
the Federal Communications Commission, or any applicable
self-regulatory organization or governmental entity.
5. Provider content
The content available through the Provider Service is
the property of Provider, its clients, or its licensors
and is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws.
You agree that all content located in the Provider Service
is the sole property of Provider. You understand and
agree that the information in, or derived from the Provider
Service message boards, bulletin boards, chat rooms,
or other parts of the Provider Service, including communications,
photos, video, graphics and other material may not be
copied, republished, redistributed, transmitted, altered,
edited or exploited in any manner for any purpose, without
the express written permission of Provider. Reproduction,
duplication, or redistribution of this material in any
form without prior written permission from Provider
is strictly prohibited. News, market data, and other
information discussed within the Provider Service or
otherwise within the Provider Service includes information
that has been obtained from sources considered reliable,
but such information is not guaranteed, and Provider
and its affiliates make no representation or warranty
as to the accuracy or completeness, or continued availability
of this information, and such information should not
be relied upon as such. Such information is inherently
subject to change without notice and may become dated.
You should therefore verify any information obtained
from this service before you act upon it.
6. Provider's proprietary rights to content
The Provider Service's proprietary rights to content
You agree that upon posting information within the Provider
Service, you grant Provider, and its successors and
assigns a nonexclusive, worldwide, royalty free, perpetual,
irrevocable license under your copyrights or other intellectual
property rights, if any, in such material to use, distribute,
display, reproduce, and create derivative works from
such material in any and all media, in any manner, in
whole or in part, without any duty to account to you.
You also grant Provider the right to authorize the downloading
and printing of such material, or any portion thereof,
by end users for their personal use.
7. No confidentiality
No confidentiality You agree that information transmitted
by you to Provider (including, without limitation, by
posting to message boards, bulletin boards and chat
rooms) is not confidential and you acknowledge that
you have no expectation of privacy with respect to such
information. You agree that Provider and its affiliates
shall not be liable for any direct, indirect, special,
incidental, or consequential damages caused by the unauthorized
use or misappropriation of any and all information that
you transmit to Provider.
8. Termination of your registration
You agree that we may, in our sole discretion, terminate
or suspend your access to all or part of the Provider
Service for any reason, including, without limitation,
breach of these Terms and Conditions or any subsequent
modifications, or attempted assignment of your membership
by you. Any suspected fraudulent, abusive or illegal
activity may be grounds for termination of your membership
and may be referred to appropriate law enforcement authorities.
The Provider Service shall not be liable to you or any
third party for any claims related to your termination
from the Provider Service.
9. No investment advice by the Provider Service
You understand and agree that Provider does not recommend
any security, financial product or instrument, nor does
any mention of a particular security in this Web site
or anywhere in the Provider Service constitute a recommendation
by Provider to buy, sell, or hold that or any other
security, financial product or investment discussed
therein. You understand and agree that Provider also
does not offer or provide any investment advice or opinion
regarding the nature, potential, value, suitability
or profitability of any particular security, portfolio
of securities, transaction, investment strategy or other
matter. You also understand and acknowledge that Provider
provides no tax, legal or investment advice, nor does
it recommend or make referrals to any persons or entities
who provide investment advice. You also understand and
agree that by accessing this Web site or participating
in the Provider Service, any information provided therein
is not to be used or considered as an offer, or a solicitation
of an offer, to buy or sell securities by Provider.
You understand and agree that the Provider Service is
provided solely for the information of members who are
expected to make their own investment decisions without
undue reliance on this information, and Provider, its
affiliates and any independent contractor engaged by
Provider, accept no liability whatsoever for any direct
or consequential loss arising from any use of information
available to you in the Provider Service. You agree
that any investment decisions you make will be based
solely on your evaluation of your financial circumstances,
investment objectives, risk tolerance, financial condition,
and liquidity needs, and any other information available
to you. You also understand and acknowledge that Provider
employees are not authorized to give any legal, tax,
investment or other advice and that you will not solicit
or rely upon any such advice from Provider or any of
its employees. You acknowledge that Provider is not,
and your access to information through the Provider
Service will not, cause Provider to be an investment
advisor with respect to you.
10. Limitation of warranties and indemnification
The Provider Service is provided AS IS and AS AVAILABLE,
without warranty of any kind. You agree that Provider,
its affiliates and any independent contractor engaged
by Provider, shall not be liable to you in any way,
and you agree to indemnify and hold harmless Provider,
its affiliates and any independent contractor, from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to (a) any inaccuracy,
error, or delay in, or omission of (i) any such data,
information, or message within the Provider Service
or on the Provider web site (ii) the transmission or
delivery of any such data, information, or message;
or (b) any loss or damage arising from or occasioned
by (i) any such inaccuracy, error, delay, or omission,
(ii) interruption of any such data, information, or
(iii) any "force majeure" (i.e., flood, extraordinary
weather conditions, earthquake, or other act of God,
fire, war, insurrection, riot, labor dispute, accident,
action of government, communications power failure,
or equipment or software malfunction) or any other cause
beyond the reasonable control of the Provider Service.
11. Hyperlinks from the Provider Service web
site.
The Provider Service contains links to third-party Web
sites and resources on the Internet. The Provider Service
provides links to these other Web sites only as a convenience.
The inclusion of such links on the Provider Service
are not recommendations or endorsements by Provider,
implied or otherwise, of the linked site or any products
or services in such sites, and no information in such
site has been endorsed or approved by Provider. The
linked sites are not under the control of Provider,
and Provider is not responsible for the contents of
any linked site or any link contained in a linked site.
You agree that under no circumstances shall Provider
be held responsible or liable, for any loss or damages
caused or alleged to have been caused by use of or reliance
on any content, goods or services available on such
hyperlinked sites.
12. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE Provider SERVICE
AND THE CONTENT THEREIN IS AT YOUR OWN RISK AND Provider
HAS NO LIABILITY OR OBLIGATION TO YOU WITH RESPECT TO
THE Provider SERVICE AND THE CONTENT THEREIN. Provider
ALSO IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR
ANY MESSAGES OR POSTINGS. Provider DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
13. Exclusion and Limitation of Liability.
PROVIDER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION
TO YOU OR ANY THIRD PARTY (WHETHER CAUSED DIRECTLY OR
INDIRECTLY) RELATING TO THE PROVIDER SERVICE, INCLUDING,
BUT NOT LIMITED TO, (I) THE MATERIALS AND OTHER INFORMATION
MADE AVAILABLE VIA PROVIDER PROFILES OR (II) THE INTERRUPTION,
DELAY OR FAILURE IN THE TRANSMISSION, DELIVERY OR DISTRIBUTION
OF THE SERVICES OR MATERIALS. PROVIDER'S SOLE LIABILITY
TO YOU FOR ANY CLAIMS, NOTWITHSTANDING THE FORM OF SUCH
CLAIMS (I.E., CONTRACT, NEGLIGENCE OR OTHERWISE), ARISING
OUT OF YOUR USE OF THE PROVIDER SERVICE, SHALL BE TO
USE PROVIDER'S REASONABLE EFFORTS TO RESUME THE SERVICES
AS PROMPTLY AS REASONABLY PRACTICABLE. IN NO EVENT SHALL
PROVIDER HAVE ANY LIABILITY FOR LOST PROFITS, INDIRECT,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF THE SAME. IN NO EVENT
SHALL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF
OR RELATING TO THIS AGREEMENT EXCEED FIVE THOUSAND DOLLARS
($5,000).
14. Infringing Posting.
The Provider Service may, in appropriate circumstances
and at its sole discretion, remove or disable access
to, material on the Provider Service that infringes
on the rights of third parties though Provider will
not be liable for any such infringement. If you believe
that your work has been used on the Provider Service
in a manner that constitutes copyright infringement,
please provide Provider's copyright agent with a written
notice (e-mail is sufficient) that includes the following
information:
identification of the copyrighted
work claimed to have been infringed;
a description of where the material that you claim is
infringing is located on the Provider Service; your
address, telephone number, and e-mail address;
a statement by you that 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 and an electronic or physical signature,
under penalty of perjury, that the information in your
notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
15. Governing Law.
These Terms and Conditions are to be governed by and
construed in accordance with the laws of the State of
Texas. In the event of any dispute concerning the Provider
Service, its content or your use, you agree that any
litigation shall be subject to the exclusive jurisdiction
of the state or federal courts in Collin County, Texas.
Because the Provider Service is intended for use only
in the United States, those who choose to access the
Provider Service from outside the United States do so
on their own initiative and are responsible for compliance
with local laws.
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