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InvestorVillage™
USER AGREEMENT NOTE:
Because this service is designed around the sharing of information related
to the stock market, users should pay particular attention to Sections
1, 7, 8, 9, 12, 13, 20, 21, 23. Additionally,
we have highlighted in bold language of central importance to this User
Agreement. Of course, before registering with and using
our service, you are required to read and agree to all the provisions
of the entire User Agreement and a decision to read only certain sections
does not exempt you from each and every obligation under this User Agreement.
For
your convenience, we have numbered each section in this User Agreement
and have provided a Table of Contents with headlines linked to each
section. The entire User Agreement appears just below
this table and all you need to do to access it is simply continue to
scroll until you get to the end of the document. Before registering with and/or using our service, you must certify
that you have read, understood and agreed to this User Agreement. Thank
you for your time, patience and diligence in reading this User Agreement. We look forward to your participation as a
productive, cooperative and civil member of our community. Table
of Contents: 1.
AGE RESTRICTION—YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OUR SITE
AND/OR USE OUR SERVICE 3.
REGISTRATION & MEMBERSHIP OBLIGATIONS 5.
MEMBER ACCOUNT, PASSWORD AND SECURITY 6.
ADMINISTRATIVE COMMUNICATIONS 8. SPECIAL WARNING ON
USE OF FINANCIAL MESSAGE BOARDS 10.
CONSENT TO DISCLOSURE FOR LAW ENFORCEMENT & OTHER PURPOSES 11.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE 15.
GENERAL PRACTICES REGARDING USE AND STORAGE 16.
MODIFICATIONS, SUSPENSION OR DISCONTINUANCE OF SERVICE 22.
CERTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU 23.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS 24.
NO THIRD PARTY BENEFICIARIES 25.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
1. AGE RESTRICTION—YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OUR
SITE AND/OR USE OUR SERVICE InvestorVillage™
sites, products and services are intended for people old enough to make
their own financial decisions and are not intended for an audience of
persons under the age of 18. By
accessing our site and/or using our service, you certify that you are
at least 18 (eighteen) years of age and you represent and warrant that
you have the right, authority and capacity to enter into this User Agreement
and to abide by all of the terms and conditions of this User Agreement.
When appearing in this User Agreement,
the term “USER” includes REGISTERED MEMBERS as well as AUTHORIZED &
UNAUTHORIZED NON-MEMBERS. 3.
REGISTRATION & MEMBERSHIP OBLIGATIONS Members
may maintain only one active membership with the Service. By accepting
this User Agreement, you warrant that you have no other membership with
the Service. When you register with our service, you agree to provide accurate
information about yourself and to update your personal registration
information as needed. If you
provide false or otherwise deceptive registration information, InvestorVillage™ has the right to suspend or terminate your account. Registration Data and certain other information
about you is subject to our Privacy Policy, which is fully incorporated
herein by reference. For more
information, see our full privacy policy at http://www.investorvillage.com/privacy.htm.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or
other countries for storage, processing, and use by InvestorVillage™ and affiliates, if any. 5.
MEMBER ACCOUNT, PASSWORD AND SECURITY You are responsible for maintaining the
confidentiality of your password and account.
By registering with and
using our service, you agree to assume full responsibility for all activities
that occur under your password and account. 6.
ADMINISTRATIVE COMMUNICATIONS InvestorVillage™
may from time to time communicate with you via email and/or your own
Private Message inbox located on our site.
Certain communications such as service announcements and administrative
messages are considered part of InvestorVillage™
membership and you will not be able to opt out of receiving them. You
understand and agree that the Service is provided "AS-IS"
and that InvestorVillage™ assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalized settings. 8. SPECIAL WARNING
ON USE OF FINANCIAL MESSAGE BOARDS: Please be aware that the Service includes
information, views, opinions and recommendations of individuals from
the general public who may remain largely anonymous while on our site
and whose use of our site implies an interest in discussing and sharing
information related to the stock market and/or other investments. While we do not verify members’ credentials, it is very likely
that many members are what one might call “do-it-yourself” retail investors
and/or traders with little or no training, education, experience or
any other specialized knowledge of the markets, investing or other financial
matters. InvestorVillage™
assumes no responsibility for the accuracy, timeliness, completeness
or usefulness of information available via the Service. InvestorVillage™does not endorse any
opinions or recommendations posted by members.
InvestorVillage™ does not give tax or investment advice. InvestorVillage™ does not advocate the purchase or sale of any security or investment.
You should exercise discretion and
skepticism when reading and weighing information posted on message boards
and in other areas of our web site.
Such information may be incorrect or misleading. Members may
pretend to be other than who or what they are.
Some members may have dishonest and/or deceitful intentions or
may share inaccurate and misleading information.
You should make every reasonable effort and attempt to independently
verify any and all claims made on this or any other message board service. Before making any financial decisions you should consult a professional
money manager or other financial advisor. If you choose to rely on information posted
by other members you do so solely at your own risk. The Securities Exchange Commission
has expressed concerns that the stock price for companies with small
market capitalization (also known as "small cap", "micro
cap" or "penny" stocks) may be particularly susceptible
to manipulation. Therefore, you should carefully evaluate the information
posted by other members about such stocks.
To learn more about what the SEC has to say with respect this
matter, please visit http://www.sec.gov
How you conduct yourself on our service
will in many cases have a direct bearing on how other members perceive
you and interact with you. It
is your responsibility to conduct yourself in a civil and respectful
manner while participating and interacting with other members of our
service. You understand that all information, data,
text, software, music, sound, photographs, graphics, video, messages
or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. This
means that you, and not InvestorVillage™, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make
available via the Service. InvestorVillage™ does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will InvestorVillage™
be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. You
agree to not use the Service
to:
a.
upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
harm minors in any way;
c.
impersonate
any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d.
forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or
otherwise make available any Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
f.
upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of
any party;
g.
upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas designated
for such purpose; to learn more please read our complete Spam Policy
at http://www.investorvillage.com/spam.htm
h.
upload,
post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
k.
intentionally or unintentionally
violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l.
provide material support or resources
(or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
m.
"stalk"
or otherwise harass another; and/or
n.
collect
or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through n above. InvestorVillage™ does not review, screen or edit messages
or other content posted by members. Nevertheless, InvestorVillage™ and its designees reserve the right
to monitor or remove any information transmitted or received through
the Service, or to terminate your membership and use of the Service,
at any time, without notice, in our sole discretion. Members are responsible
for bringing violations of the User Agreement to InvestorVillage™'s attention. Although InvestorVillage™ does not guarantee any action based on such information, we
pledge to make every reasonable effort to respond to reported violations
in a fair and timely manner. InvestorVillage™and
its designees shall have the right to remove any Content that violates
the User Agreement or is otherwise objectionable. You
agree to evaluate and bear all risks associated with the use of any
Content appearing on InvestorVillage™ web pages, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created
by InvestorVillage™ or submitted to InvestorVillage™, including without
limitation information in InvestorVillage™Message Boards, and in all
other parts of the Service. In addition to the above, in connection with your use of the
Site, you agree not to:
You
also agree to comply with all applicable laws, rules and regulations
in connection with your use of the Site and the content made available
therein. 10.
CONSENT TO DISCLOSURE FOR LAW ENFORCEMENT & OTHER PURPOSES You acknowledge, consent and agree that
InvestorVillage™ may access,
preserve, and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the User Agreement; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety
of InvestorVillage™, its users and the public. 11.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE InvestorVillage™
makes no
representation that materials provided on the Site are appropriate or
available for use in other locations. Those who choose to access the
Site from other locations do so on their own initiative and at their
own risk, and are responsible for compliance with local laws, if and
to the extent applicable. Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the
United States or the country in which you reside. 12.
CONTENT LICENSES—YOU GRANT INVESTOR VILLAGE CERTAIN LICENSES FOR CONTENT
YOU CHOOSE TO POST TO OUR SITE
"Publicly accessible" areas of the Service are those
areas of the InvestorVillage™
network of properties that are intended by InvestorVillage™
to be available to the general public and are reasonably understood
as such. You
agree to indemnify and hold InvestorVillage™, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the User
Agreement, or your violation of any rights of another.
We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any
portion of the Service (including your InvestorVillage™
Member ID), use of the Service, or access to the Service. 15.
GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that InvestorVillage™ may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that private messages, message
board postings or other uploaded Content will be retained by the Service,
the maximum number of messages that may be sent from or received by
an account on the Service, the maximum size of any message that may
be sent from or received by an account on the Service, the maximum disk
space that will be allotted on InvestorVillage™’s servers on your behalf,
and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. If
you are concerned about electronically preserving content generated
by you and posted to our Service, you acknowledge and accept that it
is your responsibility to copy and save such data on an external drive
of your choice, such as your home PC.
We recommend that you save to your own external hard drive any
and all information deemed by you to be important for your own research
purposes, or to have sentimental or other personal or professional value
to you. We are not the guardians
of your work product. By using our service you accept full responsibility for making back
up copies of all such work and you agree to hold InvestorVillage harmless
for loss of any such data. 16.
MODIFICATIONS, SUSPENSION OR DISCONTINUANCE OF SERVICE InvestorVillage™
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that
InvestorVillage™ shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service. You agree that InvestorVillage™ may, under certain circumstances and without prior
notice, immediately terminate your InvestorVillage™ account and access to the Service. Cause for such
termination shall include, but not be limited to, (a) violations of
the User Agreement, (b) requests by law enforcement or other government
agencies, (c) unexpected technical or security issues or problems, (d)
extended periods of inactivity, and/or (e) you have engaged in fraudulent
or illegal activities. Termination of your InvestorVillage™ account includes (a)
removal of access to all offerings within the Service, including but
not limited to InvestorVillage™
Private Messages and Message Boards, (b) deletion of your password and
all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the
Service. You
agree that all terminations for cause shall be made in InvestorVillage™’s
sole discretion and that InvestorVillage™ shall not be liable to you
or any third-party for any termination of your account, any associated
email address, or access to the Service. Should
you object to any terms and conditions of this User Agreement or any
subsequent changes to the terms and conditions or become dissatisfied
with the Service in any way, your only recourse is to immediately: (1)
discontinue use of the Service; (2) terminate Service membership; and
(3) notify InvestorVillage™ of termination by sending an e-mail
to: admin@investorvillage.com.
Continued use of the Service
is an acceptance of the User Agreement and any subsequent changes. The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because
InvestorVillage™ has no control over such
sites and resources, you acknowledge and agree that InvestorVillage™ is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources.
You further acknowledge and agree that InvestorVillage™ shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource. You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by InvestorVillage™
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in
whole or in part. Content
received through the Service may be displayed, reformatted and printed
for your personal, non-commercial use only. You
expressly understand and agree that:
You
expressly understand and agree that InvestorVillage™ SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, including but not limited to damages for loss
of profits, goodwill, use, data or other intangible losses (even if
InvestorVillage™ has been advised of the possibility of such damages),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE. 22.
CERTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability for
incidental or consequential damages.
Accordingly, some of the above limitations of Sections 20 &
21 may not apply to you. 23.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please pay special attention
to Sections 20 & 21. We
believe and instruct our members that personal accountability in financial
matters is of paramount importance. The responsibility for engaging
in the high-risk business of stock investing is to be born by you, the
ultimate decision-maker in all matters of your personal finance.
You should always treat information you receive on this or any
online service with a healthy dose of skepticism.
Always attempt to independently verify any and all claims you
encounter while online. Always
do your own homework and think for yourselves.
The Service is provided for informational purposes only, and
no Content included in the Service is intended for trading or investing
purposes. InvestorVillage™ and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such
information. 24.
NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly
provided in this User Agreement, there shall be no third party beneficiaries
to this Agreement. 25.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT The
Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. Please
see http://www.loc.gov/copyright/
for further details. We suggest that you consult your legal advisor
before filing a notice or counter-notice under the DMCA. Also, please
be aware that there can be penalties for false claims under the DMCA. InvestorVillage™
respects the intellectual property of others, and we ask our users to
do the same. InvestorVillage™
may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide InvestorVillage™'s Copyright Agent the
following information:
InvestorVillage™'s
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows: By email: admin@investorvillage.com Entire Agreement.
The USER AGREEMENT constitutes the entire agreement between you and
InvestorVillage™ and governs your use
of the Service, superseding any prior agreements between you and InvestorVillage™ with respect to the Service.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other InvestorVillage™ services, affiliate services, third-party content,
or third-party software. Choice of Law and Forum.
The USER AGREEMENT and the relationship between you and InvestorVillage™ shall be governed by the laws of the State of Georgia
without regard to its conflict of law provisions. You and InvestorVillage™ agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Fulton, Georgia. Waiver and Severability of Terms.
The failure of InvestorVillage™
to exercise or enforce any right or provision of the USER AGREEMENT
shall not constitute a waiver of such right or provision. If any provision
of the USER AGREEMENT is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the USER AGREEMENT remain in
full force and effect. No Right of Survivorship and Non-Transferability. You agree that your InvestorVillage™ account is non-transferable
and any rights to your InvestorVillage™
Member ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service
or the USER AGREEMENT must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in the USER AGREEMENT
are for convenience only and have no legal or contractual effect. Please report any violations
of the USER AGREEMENT to admin@investorvillage.com. If
you have any questions about the terms and/or spirit of this Agreement
and/or desire clarification of any of our policies and procedures, please
email us at admin@investorvillage.com
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