TERMS AND CONDITIONS
This section of our Web site is powered by software from B2i Technologies, 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 INFORMATION 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’s role
Provider is not involved in the 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 through 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.