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InvestorSpace Terms of Use
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InvestorSpace.com User Agreement
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1. Terms and Conditions Acknowledgment.
Maxus Systems International Inc. and its affiliated entities("Maxus"), which owns and operates InvestorSpace.com (the "site"), provides these terms and conditions (the "Terms and Conditions") for use of the site to the user (the "user" or "you"). PLEASE READ THIS DOCUMENT CAREFULLY. You understand that selecting "I Agree" following these Terms and Conditions, accessing or transmitting information, registering, or otherwise participating in InvestorSpace constitutes and shall be deemed an acceptance by you of these Terms and Conditions. Maxus 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. If you do not wish to be bound by these Terms and Condition, you may not use or participate in the InvestorSpace service, and in such event any use of InvestorSpace is unauthorized.
2. Registering with InvestorSpace.
You must be at least thirteen (13) years of age to register your portfolio with InvestorSpace. By completing a registration for InvestorSpace, you are automatically registering as a user of InvestorSpace and hereby agree that any and all Information (as defined below) that you supply in the registration process and other information that InvestorSpace may require from you from time to time, is current, truthful and complete. Maxus and its affiliates reserve the right to terminate your registration with InvestorSpace at any time or in the event the Information, including your e-mail address, is no longer current or accurate. You shall be the only authorized user of InvestorSpace through your User Name, User Identification and Password. You also hereby agree that you shall be solely responsible for all statements made, or acts or omissions that occur on InvestorSpace through the use of your User Name, User Identification and Password. You hereby agree not to provide or make known your User Name, User Identification Password or e-mail address to any other person for the purpose of facilitating such person's access and unauthorized use of InvestorSpace. You hereby agree to immediately notify Maxus if you become aware of (i) any loss or theft of your User Name, User Identification and Password or (ii) any unauthorized use of your User Name, User Identification or Password.
If you allow any other person to access InvestorSpace through your User Name, User Identification and Password, you hereby agree to defend and indemnify Maxus, its affiliates and any independent contractor engaged by Maxus to assist in moderating InvestorSpace or otherwise, against any liability, costs or damages arising out of claims or suits by third parties based upon, or relating to, such access and use by such other person.
3. Information Posted by Members.
While Maxus makes every reasonable effort to ensure the quality and accuracy of the information posted within the website, Maxus assumes no responsibility for, and do not guarantee, the accuracy, currency, completeness or usefulness of information in any material on InvestorSpace. You should exercise discretion and skepticism before relying on information posted on InvestorSpace, since it may be incorrect or misleading. You hereby agree that, to the extent you rely on information posted on InvestorSpace, you do so solely at your own risk.
Maxus and its affiliates do not pre-view or screen any member-generated content posted on InvestorSpace. You hereby agree that Maxus, its affiliates, and any independent contractor engaged by Maxus to assist in moderating InvestorSpace or otherwise, is not a publisher or speaker of any information provided by you or other members or participants on InvestorSpace. Notwithstanding the foregoing, you acknowledge and hereby agree that Maxus and its affiliates reserve the right to monitor any and all information transmitted or received through InvestorSpace.
Maxus and its affiliates, at their sole discretion and without any notice to you, may, but are not obligated to, monitor, edit, remove or prohibit the transmission or receipt of any information posted on InvestorSpace which Maxus or its affiliates considers inappropriate or in violation of any of these Terms and Conditions or applicable laws. If you become aware of postings on The Sites that violate these Terms and Conditions, you hereby agree to contact Maxus by using the "Contact Us" link located on these sites.
4. Information & Advertisements posted by third parties
The data published at this site is for informational and entertainment purposes only. Use of this information in violation of federal, state, or local laws is prohibited. Though Maxus makes every reasonable effort to screen its advertisers and sponsors (collectively "advertisers"), Maxus does not endorse or recommend the services of any advertiser. The advertiser you select is solely responsible for its services to you, their customer.
Users may also register with an InvestorSpace Affiliate. An InvestorSpace Affiliate is defined as any person that offers access to source functionality and content provided by Maxus. Maxus has no responsibility and assumes no liability for information or content published by our Affiliate.
Maxus may display links to other sites that may be of interest to the site visitor but for which Maxus has no responsibility and only provides as a service to the site visitor.
The user accepts that after leaving the site, Maxus cannot be responsible in any way for any material that you encounter and we exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.
5. User Conduct Guidelines.
You understand that using InvestorSpace 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 your portfolio, postings and/or termination of your membership at the sole discretion of Maxus. Although by no means exhaustive, the categories of postings or actions that could result in the removal of your portfolio, postings and/or termination of your membership are:
· The unauthorized posting of material, non-public information about companies;
· The use of InvestorSpace to transmit junk mail, spam or unsolicited mass distributions of e-mails;
· The posting 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 of, harassing of, or offensive to any other individual or entity, particularly any member of InvestorSpace and any entity discussed on the site;
· The posting or transmittal of 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;
· The making of statements or posting of materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law in any jurisdiction, including but not limited to securities laws or regulations;
· The transmission of chain letters or pyramid schemes, advertising (unless with the prior written consent of Maxus) or any other form of commercial solicitation;
· The making of statement or posting of materials that solicit or encourage users to become affiliated or to do business with competitors of Maxus;
· The transmission of files that (i) contain viruses or malicious codes, or are otherwise corrupted or (ii) may damage the operation of another member's computer. You will be solely responsible for damages arising from any claims that files posted by You caused damage to the operation of another person's computer, software, Web sites or network; and
· The posting or transmittal of any message or content that violates any applicable local, state, national, international or foreign law, including without limitation rules and regulations promulgated by the U.S. Securities and Exchange Commission, the Board of Governors of the Federal Reserve System or any applicable self-regulatory organization or governmental entity.
6. InvestorSpace Content.
The content available through InvestorSpace(including without limitation HTML code, PERL code and Java Applets) is the property of Maxus or its licensors, and is protected by copyrights, trademarks, service marks, patent or other proprietary rights and laws. You hereby agree that all content located on InvestorSpace is the sole property of Maxus or its licensors. You understand and hereby agree that the information in, or derived from, predictions and other information contained on InvestorSpace, including without limitation text, graphics, images, animations, computer programs, data, designs, logos and button icons and the arrangement, collection and assembly thereof, is the property of Maxus, and may not be copied, modified, adapted, translated, mirrored, reverse engineered, decompiled, disassembled, republished, redistributed, transmitted, altered, edited or exploited in any manner for any purpose without the express written permission of Maxus, except you are hereby permitted to display, print and store one (1) electronic copy of information provided by Maxus or its affiliates for your own personal use.
You hereby agree that Maxus and any independent contractor engaged by Maxus to assist in moderating InvestorSpace, shall not be liable for any errors or delays in the content of any information provided through InvestorSpace, or for any actions taken by you or any third-party in reliance thereon. Market data and other information discussed on InvestorSpace includes information that has been posted by members, and Maxus and its affiliates make no representations or warranties as to the accuracy or completeness, or continued availability of this information, and such information should not be relied upon. Such information is inherently subject to change without notice and may become outdated. You should therefore verify any information obtained from this service before you act upon it.
7. Security, Systems and Data.
Use of this site is restricted to authorized persons only. Actual or attempted unauthorized use of this site shall result in criminal or civil prosecution by Maxus or its affiliates. Maxus reserves the right to view, monitor and record activity without notice to or permission from you. Any information obtained as a result of such monitoring, viewing or recording is subject to review by law enforcement organizations in connection with investigations or prosecutions of possible criminal activity on InvestorSpace. Maxus will also comply with all court orders involving requests for such information,
You hereby agree that Maxus is not responsible or liable for any harm arising out of corrupted, distorted or erroneous data resulting from data transfer with third parties or third-party products or services, and that Maxus will not be responsible or liable if you mishandle, alter or improperly use or store any information, data, product or service associated with the site. You also hereby agree that you are solely responsible for:
· The security and maintenance of your computer system and data, including without limitation (i) creating fire walls and taking similar protective measures to prevent unauthorized access to your computer systems, software and data or infiltration of your computer systems, software and data; and (ii) creating, storing and updating any necessary back-up or archival copies of data as needed in case of system failure (including without limitation creating sufficient backups and fully documenting your account information); and
· The functionality and adequacy of any third-party software or other analytical or related tools that you may choose to employ with the site.
8.InvestorSpace's Proprietary Right to Content.
You hereby agree that upon posting Information (as defined below) or conducting Communications (as defined below) on InvestorSpace, you grant Maxus and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, unrestricted license under your copyrights or other intellectual property rights in such Information or Communications, if any, to use, license, sub-license, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and create derivative works from such material in any and all media, in any manner, in whole or in part, now known or hereafter developed without any duty to account to you. You also hereby waive all rights to any claim against Maxus for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Information or Communications. You also grant to Maxus the right to authorize the downloading and printing of such Information or Communications, or any portion thereof, by other users for their personal use.
You acknowledge that by using and accessing this site or by submitting communications to InvestorSpace, no confidential, fiduciary, contractually implied or other relationship is created between you and Maxus.
9. No Confidentiality.
You hereby agree that any information transmitted to, from or through InvestorSpace is not confidential and you acknowledge that you have no expectation of privacy with respect to such information. You hereby agree that Maxus and its marketing partners 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 on InvestorSpace.
10. Termination of Your Registration.
You hereby agree that we may, in our sole discretion, terminate or suspend your access to all or part of InvestorSpace for any reason, including without limitation breach of these Terms and Conditions (or any subsequent modifications hereof) or your attempted assignment of your membership. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your membership and may be referred to appropriate law enforcement authorities. Maxus shall not be liable to you or any third party for any claims related to your termination from InvestorSpace.
11. No Investment Advice by InvestorSpace.
You understand and hereby agree that InvestorSpace does not recommend any security, financial product or instrument, nor does any mention of a particular security on this site constitute a recommendation by or through InvestorSpace to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that InvestorSpace provides no tax, legal or investment advice. You further understand and hereby agree that InvestorSpace 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 hereby agree that by accessing this site, or participating on InvestorSpace, that 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 InvestorSpace.
You understand and hereby agree that InvestorSpace is provided solely for the information and use of registered members who are expected to make their own investment decisions without reliance upon this information, and that Maxus and any independent contractor engaged by Maxus to assist in moderating InvestorSpace, accept no liability whatsoever for any direct or consequential loss arising from any use of information available to you on InvestorSpace. You hereby 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.
You also understand and acknowledge that the employees of InvestorSpace are not authorized to give any such advice and that you will not solicit or rely upon any such advice from InvestorSpace or any of its employees. You further acknowledge that InvestorSpace and your access to information through InvestorSpace will not cause InvestorSpace to be an investment advisor with respect to you or any other party.
12. Limitation of Liability, Warranties and User Indemnification.
Maxus is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind, express or implied, as to the operation of this site or the content, information and materials contained within or accessible through this site, including without limitation, that they are accurate, complete or current. You hereby agree that Maxus and any independent contractor engaged by Maxus, shall not be liable in any way, and you hereby agree to indemnify and hold harmless Maxus and any independent contractor engaged by Maxus from any claim, demand, proceeding, damages, injuries, liabilities, losses, costs or expenses (including reasonable attorneys' fees) made by any third party relating to or arising out of (i) your use of this site or any information, products, services or software available on or through this site; (ii) your breach of these Terms and Conditions or other improper act or omission by you; (iii) any inaccuracy, error or delay in, or omissions of (a) any such data or information on InvestorSpace or (b) the transmission or delivery of any such data or information; (iv) unauthorized access; (v) theft; or (vi) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay or omission; (b) non-performance or (c) interruption of any such data or information due either to any negligent act or omission by InvestorSpace or to 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 InvestorSpace.
You agree that the liability of Maxus, its agents and licensors if any, arising out of any kind of legal claim (whether in contract tort or otherwise) in any way connected with this Service or the informaton in this Service shall not exceed the amount You have paid to Maxus for use of this Service. Maxus will not be liable for any damages of any kind arising from the use of or access to this site, including without limitation, direct, indirect, compensatory, consequential, incidental, special and punitive damages. Because some States/Jurisdictions do not allow the exclusion or limitation of liability for consequential damages the above limitations may not apply to you.
13. Payments.
Maxus reserves the right to charge fees (the "Fees") for use of this site and products and services made available through this site. In the event Maxus charges Fees, the Fees may change from time to time. Your continued used of InvestorSpace after Maxus or its affiliates sends notice of such Fee changes shall constitute your agreement to pay the revised Fees charged by Maxus.
You hereby agree to pay all costs (including reasonable attorneys' fees) incurred by Maxus in order to collect any overdue Fees owed by you to Maxus. You also hereby agree to pay any Fees that may be assessed against you by Maxus in connection with any products, services or information ordered by you through this site.
14. Hyperlinks from InvestorSpace.
The site contains links to third-party web sites and resources on the Internet. InvestorSpace provides links to these other web sites only as a convenience. The inclusion of such links on InvestorSpace do not constitute endorsements, implied or otherwise, by Maxus of the linked sites or any products or services on such sites, and no information on such sites have been endorsed or approved by Maxus. The linked sites are not under the control of Maxus, and Maxus is not responsible for the contents of any linked site or any link contained in a linked site. You hereby agree that under no circumstances shall Maxus 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.
15. Collection of Information/Communication.
As you navigate through this site InvestorSpace will be collecting and tracking Information, either by asking you to tell us something about yourself or by using data-tracking software which automatically collects and/or tracks information which can include without limitation, your home server domain name, e-mail address, type of computer, and type of web browser you use, as well as information concerning what pages you access. You may also upload files, input data or engage in other forms of communication to, with or through InvestorSpace ("Communication"). Persons under the age of thirteen (13) are not authorized to use or access this site.
Information collected by, and Communications with, InvestorSpace will be used by Maxus for editorial, feedback, marketing, promotional and statistical purposes as well as for product development and site content improvement. Names, mailing and e-mail addresses and telephone numbers collected may be added to the databases of Maxus and may be used for future calls, mailing and communications regarding site updates, new products or services, promotions, offers and upcoming events.
For more information, please refer to the InvestorSpace Privacy Policy
16. Privacy Policy
You hereby certify that you have read the InvestorSpace Privacy Policy and agree to the terms and conditions included therein.
17. Disputes Between Users and Arbitration.
You hereby agree that, in the event you become involved in a dispute with another user relating to or arising out of your use of this site, you shall release Maxus from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected. If you are a California resident, you hereby waive Section 1542 of the California Civil Code, which provides that "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
In the event a dispute arises relating to or arising out of your use of this site which cannot be resolved in good faith by the parties thereto, the parties thereto shall submit such dispute to arbitration in New York City, New York before a single arbitrator applying the Commercial Rules of the American Arbitration Association. The non-prevailing party shall be liable to pay the prevailing party's reasonable costs incurred in connection with such arbitration.
18. Assignment.
These Terms and Conditions are binding on and will inure to the benefit of the respective successors and assigns of the user, Maxus. However, you understand and hereby agree that you may not assign your rights hereunder without the prior written consent of Maxus.
19. Survival and Waiver.
The Terms and Conditions, as may be amended, relating to indemnification, limitations on liability, unauthorized and improper use of this site, and licenses granted by you to Maxus shall survive the termination of these Terms and Conditions.
The failure to insist on strict performance of any of these Terms and Conditions shall not operate as a waiver of such Terms and Conditions.
20. Entire Agreement.
These Terms and Conditions constitute the entire agreement between the user and Maxus with respect to the use of the InvestorSpace site. However, you may be subject to additional terms and conditions that may be imposed by third parties who may provide information, products or services through the InvestorSpace site.
21. Choice of Law.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be an appropriate state or federal court located in the State of New York, and your use of and access to this site acts as an express consent to the jurisdiction of such appropriate state or federal court located in the State of New York. Use of and access to this site is unauthorized in any jurisdiction that does not give full effect to this paragraph. Maxus reserves the right to make changes to this site and to these disclaimers, Terms and Conditions at any time.
22. Headings.
The headings in these Terms and Conditions are solely for convenience of reference and shall be given no effect in the construction or interpretation of these Terms and Conditions.
23. Severability.
If any provision of these Terms and Conditions is hereafter held to be invalid, illegal or unenforceable for any reason, such provision shall be reformed to the maximum extent permitted so as to preserve the parties' original intent, failing which, it shall be severed from these Terms and Conditions, with the balance of these Terms and Conditions continuing in full force and effect. If any provision of these Terms and Conditions is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable. If any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.
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InvestorSpace Software End User License
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IMPORTANT-READ CAREFULLY BEFORE
INSTALLING THIS SOFTWARE. By installing the software, you
acknowledge that you have read this Agreement, you understand it
and agree to be bound by its terms.
1. THIS AGREEMENT.
This End-User Agreement
("Agreement") is a legal agreement between You and
Maxus Systems International, Inc. ("Maxus"), that describes
the terms and conditions under which You can install and use the
InvestorSpace software You download from Maxus’ servers
("Software"), any accompanying user guides and
documentation files ("Documentation") and associated
financial data ("Data"), (collectively, "the
Service"). Maxus may automatically amend this
Agreement at any time by informing you of the amended terms via
email to an email address you provide to Maxus or which Maxus
assigns to you. Such amendments will be effective when sent.
Alternatively, Maxus may display the amended terms to you when
you use the Software or access your data, in which case such
terms shall be effective when displayed. This Agreement
supersedes all previous licenses under which the Software may
have been offered and provided. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new Maxus properties shall be
subject to this Agreement.
2. LICENSE TO USE SOFTWARE.
(a) Subject to the terms
and conditions of this Agreement, Maxus grants You a
non-exclusive, non-assignable, non-transferable, revocable,
personal license to install and use the Software, Documentation
and Data on one personal computer. You may only use the Software
with the Data as provided to You by Maxus, except as provided in
the Documentation.
(b) You are not authorized to copy, modify,
adapt, translate, or create derivative works based upon, in whole
or in part the Software, Documentation or Data, reverse compile
or disassemble, resell or exploit the Software, Documentation or
Data for any commercial purposes. You may configure the Software
only as provided in the Documentation. You will not use or permit
the Software or Data to be used in any manner that would enable
You or any other person to use the Software except as otherwise
expressly permitted under this Agreement and as provided in the
Documentation. You agree not to remove or destroy any proprietary
markings or proprietary legends placed on or contained within the
Software. You may transfer the Software to other personal
computers as long as You only use it on one personal computer at
a time.
3. TERMS OF SERVICE.
(a) The Service is provided
"AS-IS" and that Maxus assumes no responsibility for
the timeliness, deletion, misdelivery or failure to store any
third party data, user communications or personalization
settings. You agree not to remove or destroy any proprietary
markings or proprietary legends placed on or contained within the
Service. You may not block, delete or otherwise interfere with
Maxus’ ability to serve advertising or display sponsored
content at or within the Service. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service. Maxus 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 Maxus shall not be liable to you or to any
third party for any modification, suspension or discontinuance of
the Service.
(b) In consideration of use
of the Service, You agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Maxus has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Maxus has the right to suspend or
terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
(c) The Service may
provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Maxus has no control over such
sites and resources, you acknowledge and agree that Maxus 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 Maxus 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.
4. FEES & COSTS.
Maxus provide the Basic Service at
no charge. However, in order to use the Service, you must obtain
access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device.
If you choose to procure any Premium Services, we will charge your credit card the
amount of the applicable subscription fee plus any applicable
taxes, and by submitting such data you authorize us to do so.
Thereafter, unless you terminate your subscription to a Premium
Service on the applicable anniversary, we will charge your credit
card the then-current renewal rate monthly in advance (or annually in advance if You select the annual plan) plus any applicable taxes. All payments are nonrefundable. We may add, delete or change some or all of the services provided as
part of the Premium Services at any time at our sole discretion.
If You pay us by credit card or other payment instrument or by allowing us to withdraw funds from an account designated by You ("your account") and we do not obtain full payment, You agree to pay all amounts due upon our demand. Each time You use the Service you reaffirm your authorization to us to charge or withdraw funds from Your account for your Program Fees at the then current Program price.
Should legal action arises out of this Agreement or is necessary to collect amounts owing, You agree to pay Maxus any attorneys' fees and costs associated with said action. Should You terminate your subscription, or should Maxus terminate the same for any reason set forth in this Agreement, You agree to immediately pay us any outstanding balance on invoices presented to You. Failure to notify Maxus, in writing, of discrepancies on accounts and statements within 90 days will constitute acceptance of responsibility for the amounts presented. Maxus may refer to such acceptance if we receive any inquiries from you or relating to Your account, any judicial, regulatory or governmental authority or anyone else. You release Maxus from any and all liability and claims of loss resulting from any error or discrepancy not reported to Maxus within 90 days of a statement being sent to You or from when Maxus otherwise provides notice, whichever is sooner.
5. INTELLECTUAL PROPERTY RIGHTS
AND OWNERSHIP.
(a) You acknowledge and
agree that the Service contains 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. You must treat the Software like any
other copyrighted material, as required by 17. U.S.C., 101 et
seq. and other applicable law. Except as otherwise licensed by
Maxus in writing, Maxus reserves all right, title and interest to
market, sell, and distribute the Software, and to utilize the
Trademark in any manner Maxus sees fit. You and Maxus understand
and agree that trademark rights in company logos displayed by the
Service are the property of the respective companies and their
assigns.
(b) All Software and Data
furnished by Maxus and it’s suppliers, including
translations, compilations, and partial copies, and all patches,
revisions, and updates thereto are and shall remain the property
of Maxus and/or its respective suppliers. You acknowledge that
Maxus owns all right, title, and interest, including all patents
(including but not limited to US Patent Nos. 5,675,746 and
5,774,878), copyrights, trademarks, trade dress rights, and trade
secret rights, in and to the Software, including but not limited
to, the images, artwork and sound depicted therein and the
routines, subroutines, techniques, algorithms, and other such
elements. InvestorSpace, the InvestorSpace design, the "
InvestorSpace " logo, Maxus Systems International, METAPHOR
MIXER, InvestorSpace, Maxus’ logo, "What the Future of
Information Looks Like" trademarks and service marks, and
other Maxus logos and product and service names are trademarks of
Maxus Systems International, Inc. (the "Maxus Marks").
Without Maxus’ prior permission, you agree not to display or
use in any manner, the Maxus Marks.
6. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
(a) YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MAXUS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(b) MAXUS MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) 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.
(d) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAXUS
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT.
(e) MAXUS BASES ITS DATA ON
THIRD PARTY SOURCES BELIEVED BY IT TO BE RELIABLE AND WILL
ENDEAVOR TO ENSURE THAT THE DATA CONTAINED IN THE SERVICE ARE
COMPLETE, ACCURATE, AND TIMELY. HOWEVER, NEITHER MAXUS NOR ITS
DATA PROVIDERS REPRESENT, WARRANT, OR GUARANTEE SUCH
COMPLETENESS, ACCURACY OR TIMELINESS, AND NEITHER SHALL HAVE ANY
LIABILITY OF ANY KIND WHATSOEVER TO YOU OR ANY THIRD PARTY ON
ACCOUNT OF ANY INCOMPLENESS OF, OR INACCURACIES IN OR LACK OF
TIMELINESS OF THE DATA PROVIDED HEREUNDER, OR FOR ANY DELAY IN
REPORTING SUCH DATA. MAXUS AND ITS DATA PROVIDERS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF FITNESS OF THE DATA OR COMPUTATIONS
AND ANALYSES THEREOF FOR A PARTICULAR PURPOSE OR USE.
7. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT NEITHER MAXUS NOR ITS DATA PROVIDERS SHALL BE LIABLE 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
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.
8. EXCLUSIONS AND LIMITATIONS.
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 MAY NOT APPLY TO YOU.
9. 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 read the above Sections
6 and 7 again. They go doubly for you. In addition, for this type
of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational
purposes only. Maxus shall not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted via the Service, and shall not be responsible or
liable for any trading or investment decisions made based on such
information.
10. NONDISCLOSURE OF SOFTWARE
AND PASSWORD.
(a) Maxus represents that
the Software, Documentation and Data contains proprietary
information. You will take reasonable steps to ensure that the
Software, Documentation and Data not be reproduced or disclosed
to others in whole or in part, without the prior written
permission of Maxus. You must protect the Software Documentation
and Data consistent with Maxus’ rights therein, including
informing persons who are permitted access thereto in order to
satisfy your obligations hereunder and maintain the
confidentiality of the Software and Documentation. You will so
advise all parties having access to the Software or the output of
these restrictions.
(b) You will receive a
password and account designation upon completing the Service's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Maxus of any
unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at
the end of each session. Maxus cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section 10. Maxus may not have an adequate remedy at law and
injunctive or other equitable relief may be appropriate to
restrain unauthorized use, reproduction, disclosure, printing,
listing, decompilation, disassembly or reverse engineering. The
obligations of this Section shall survive the expiration or
termination of this License Agreement.
11. PRIVACY.
Pursuant to Maxus’ privacy
policy, we may disclose to third parties certain aggregate
information contained in your Registration Data or related data,
provided that, such information will NOT include personally
identifying information, except as specifically authorized by you
or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, or to enforce
this Agreement. For more information, please see our full privacy
policy.
12. TERM AND TERMINATION.
This Agreement is effective until
terminated by either party. Maxus may terminate this Agreement
and your password immediately and without notice for any reason,
including, without limitation, for lack of use or if Maxus
believes that you have violated or acted inconsistently with the
letter or spirit of the Agreement. We may also terminate this
Agreement if we decide, in our sole discretion, to discontinue
offering our services. This License shall terminate immediately
upon email notice by Maxus to You. Upon notification of
termination, You agree to uninstall and destroy all copies of the
Software and Documentation. You shall have no rights to use the
Software or Data following termination or expiration of this
License. In the event you breach this License, Maxus may pursue
all remedies against you to which it is entitled under applicable
law. All provisions relating to confidentiality, proprietary
rights and nondisclosure shall survive the termination of this
Software License Agreement.
13. EXPORT LAW CONTROLS; EXPORT
ASSURANCE DECLARATION.
You agree to comply with all
export and re-export restrictions and regulations imposed by the
governments of the United States. You agree to comply in all
respects with any governmental laws, orders or other restrictions
on the export of Licensed copies of the Software (including any
related information and documentation) which may be imposed from
time to time by the government of the United States. This Section
shall survive the expiration or termination of the license or
this Agreement.
14. U.S. GOVERNMENT END USERS
RESTRICTED RIGHTS.
The Software and Documentation are
comprised of "Commercial Computer Software" as that
term is defined in DFARS 252.227-7014 (June 1995), and
"Commercial Technical Data" as that term is defined in
DFARS 252.227-7015 (June 1995). If the Program is supplied to the
Department of Defense (DoD), the Government has only the rights
provided in this Agreement and the rights provided in any
applicable DFAR clause (June 1995). If the Program is supplied to
any unit or agency of the United States Government other than
DoD, the Government has only the rights provided in FAR 52.227-14
(Alternate III) or FAR Clause 52.227-19(c)(2) or, in the case of
NASA, in clause 1852.227-86(d) (June 1990) of the NASA Supplement
to the FAR. .
15. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES
AND THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE
PERFORMED ENTIRELY WITHIN THAT STATE. ANY ACTION OR PROCEEDING
BROUGHT BY MAXUS OR YOU TO ENFORCE ITS RIGHTS UNDER THIS
AGREEMENT WILL BE BROUGHT ONLY IN THE UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK , OR, IF
FEDERAL JURISDICTION IS LACKING, IN THE SUPREME COURT OF THE
STATE OF NEW YORK FOR NEW YORK COUNTY. EACH PARTY CONSENTS TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS FOR ANY DISPUTE
ALLEGING A BREACH OF THIS AGREEMENT AND NEITHER WILL MAINTAIN
THAT ANY SUCH FORUM IS AN INCONVENIENT FORUM FOR RESOLVING ANY
SUCH DISPUTE OR THAT IT LACKS PERSONAL JURISDICTION OVER EITHER
OF THE PARTIES. THE UN CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED.
16. ACCEPTANCE.
YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND
THAT BY CONTINUING THE DOWNLOAD/ INSTALLATION OF THE SOFTWARE, BY
LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY
THIS LICENSE AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE
THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN A DULY
AUTHORIZED REPRESENTATIVE OF MAXUS AND YOU, THIS AGREEMENT IS A
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
THE PARTIES WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE.
All material is Copyright
2001 by Maxus Systems International Inc. All Rights Reserved.
InvestorSpace, Metaphor Mixer are registered trademarks of Maxus
Systems International Inc.
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InvestorSpace Privacy Statement
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Maxus Systems recognizes your concern for confidentiality regarding
personal information and shares your desire to protect its members' confidential
information. The following policy addresses these concerns, explaining InvestorSpace's
commitment to protect your personal online information.
Maxus uses information obtained from members in an ongoing
effort to improve site experiences for all InvestorSpace users. As you navigate through this site Maxus will be collecting and tracking Information, either by asking you to tell us something about yourself or by using data-tracking software which automatically collects and/or tracks information which can include without limitation, your home server domain name, e-mail address, type of computer, and type of web browser you use, as well as information concerning what pages you access. You may also upload files, input data or engage in other forms of communication to, with or through InvestorSpace ("Communication"). Persons under the age of thirteen (13) are not authorized to use or access this site.
Information collected by, and Communications with, Maxus will be used by Maxus for editorial, feedback, marketing, promotional and statistical purposes as well as for product development and site content improvement. Names, mailing and e-mail addresses and telephone numbers collected may be added to the databases of Maxus and may be used for future calls, mailing and communications regarding site updates, new products or services, promotions, offers and upcoming events.
Pursuant to Maxus’ privacy
policy, we may disclose to third parties certain aggregate
information contained in your Registration Data or related data,
provided that, such information will NOT include personally
identifying information, except as specifically authorized by you
or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, or to enforce
this Agreement.
Personal data provided by you to Maxus
will be used only in connection with services provided on this Web site and
will not be disseminated. While Maxus will seek to require third-party content
providers and other parties to adhere to Maxus's privacy policies, Maxus
does not bear any responsibility for any actions or policies of such third parties.
You should be aware that when you voluntarily disclose personal information
(e.g., username, email address), such information can be collected
and used by others and may result in unsolicited messages from other posters
or parties.
Any Users wishing to change or update account information,
may do so by clicking
here.
If you have questions or comments regarding our Privacy Policy,
please email us at: support@InvestorSpace.com
If you wish to cancel your InvestorSpace membership, please
do so by clicking
here.
InvestorSpace reserves the right to modify this policy at any
time without prior notice.
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