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THIS AGREEMENT
DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE
READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
StreetAuthority, LLC Terms of Use
Last revised: May 2004
StreetAuthority, LLC ("SA") provides the website known as
StreetAuthority.com ("the Site") subject to your compliance
with the terms and conditions set forth in this Agreement. By using the
Site, you agree to be bound by these terms and conditions. If you do not
agree to these terms and conditions, please do not use the Site.
You must be at least 18 years of age to use the Site. If you are not at
least 18 years old, please do not access or use the Site.
This Agreement is made between StreetAuthority, LLC and you, the user
and/or member of the Sites ("you"). We reserve the right at
any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any content
on or feature of any of the Site; or
· Change any fees or charges for use of the Site.
Any changes we make will be effective five (5) days after notice of any
change is provided to you, which may be done by means including, without
limitation, posting on the Site or via electronic mail. Your use of the
Site after such notice will be deemed acceptance of such changes. Be
sure to review this Agreement periodically to ensure familiarity with
the most current version. Upon our request, you agree to sign a
non-electronic version of this Agreement.
StreetAuthority, LLC is a publisher. We are not registered as a
securities broker-dealer or an investment adviser either with the U.S.
Securities and Exchange Commission or with any state securities
regulatory authority. The material provided on our Site is for general
informational purposes only. No information on the Site is intended as
securities brokerage, investment, tax, accounting or legal advice, as an
offer or solicitation of an offer to sell or buy, or as an endorsement,
recommendation or sponsorship of any company, security, or fund. The
information on the Site should not be relied upon for purposes of
transacting securities or other investments. We cannot and do not
assess, verify or guarantee the adequacy, accuracy or completeness of
any information, the suitability or profitability of any particular
investment, or the potential value of any investment or informational
source. You bear responsibility for your own investment research and
decisions, and should seek the advice of a qualified securities
professional before making any investment. Any sale or purchase of
securities or ownership interest that results from information presented
on the Site will be on a negotiated basis between the parties without
any additional participation by or remuneration to StreetAuthority, LLC.
Before selling or buying any stock or other investment you should
consult with a qualified broker or other financial professional to
verify pricing information.
Privacy. Our
policy with respect to the collection and use of your personal
information is set forth in our Privacy
Policy.
Code of Conduct. While using the Site you agree not to:
· Restrict or inhibit any other visitor or member from using the Site,
including, without limitation, by means of "hacking" or
"cracking" or defacing any portion of any of the Site;
· Use the Site for any unlawful purpose;
· Express or imply that any statements you make are endorsed by us,
without our prior written consent;
· Intentionally re-register for multiple free trials to the same
publication under different email addresses within a six-month period as
a means to avoid paying for a given newsletter. Our business
requires substantial expenses to operate, including journalist fees,
technology-related costs and marketing expenses, among others. In
order to cover these expenses, our newsletters are made available only
to fee-paid members and limited-time free trial subscribers. By
using our site, you agree to respect that fact and to not sign up for
more than one free trial to any given newsletter within a six-month
period. You are, of course, more than welcome to sign up for one
free trial to all of our various publications. You simply cannot
sign up for two or more trials to the same newsletter within a
six-month period;
· Transmit (a) any content or information that is unlawful, fraudulent,
threatening, harassing, abusive, libelous, defamatory, obscene or
otherwise objectionable, or infringes on our or any third party's
intellectual property or other rights; (b) any material, non-public
information about companies without the authorization to do so; (c) any
trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities,
or other unsolicited commercial communication (except as otherwise
expressly permitted by us); · Engage in spamming or flooding;
· Transmit any software or other materials that contain any virus,
worm, time bomb, Trojan horse, or other harmful or disruptive component;
· Modify, adapt, sublicense, translate, sell, reverse engineer,
de-compile or disassemble any portion of any of the Site;
· Remove any copyright, trademark, or other proprietary rights notices
contained in the Site;
· Frame" or "mirror" any part of the Site without our
prior written authorization;
· Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational
structure or presentation of the Sites or their contents;
· Harvest or collect information about Site visitors or members without
their express consent; or
· Permit anyone else whose account or subscription was terminated or
who has not registered or paid for our content to use any portion of the
Site through your subscription, username or password.
While using the Site you agree to comply with all applicable laws, rules
and regulations.
Registration for Subscription Sites. To have access to certain
subscription or members-only sections of our web site, you must be or
become a member. When and if you register to become a member, you agree
to (a) provide accurate, current, and complete information about
yourself as prompted by the appropriate registration form, and (b) to
maintain and update your information to keep it accurate, current, and
complete. You acknowledge that if any information provided by you is
untrue, inaccurate, not current, or incomplete, we reserve the right to
terminate this Agreement and your use of the Site. Please note that by
signing up for one of our free trial or free newsletter subscriptions,
you agree to receive occasional mailings from us in the future regarding
certain financial offers that may interest you. You can always opt-out
from receiving these offers by simply clicking on the link located at
the bottom of each marketing email we send. As part of the registration
process, you will also be asked to select a username and password. We
may refuse to grant you a username that impersonates someone else, is or
may be illegal, is or may be protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion, as
determined by us in our sole discretion. If you have reason to believe
that your account is no longer secure, you must promptly change your
password by updating your account information, and immediately notify us
by visiting our Contact
Us page.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING
PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT
Termination. This Agreement shall remain effective until
terminated in accordance with its terms. StreetAuthority, LLC. may
terminate this Agreement, and/or your access to and use of the Sites or
any portion thereof, immediately, in the event we determine, in our sole
discretion, that you have breached this Agreement. In addition, we
reserve the right to terminate this Agreement without cause.
Submissions. By sending or transmitting to us creative
suggestions, ideas, notes, concepts, information, or other materials
(collectively, "Materials"), you grant us and our designees a
worldwide, non-exclusive, sublicensable (through multiple tiers),
assignable, royalty-free, perpetual, irrevocable right to use,
reproduce, distribute (through multiple tiers), create derivative works
of, publicly perform, publicly display, digitally perform, make, have
made, sell, offer for sale and import such Materials in any media now
known or hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Materials
Disclaimer. We are a publisher. StreetAuthority, LLC is not
registered as a securities broker-dealer or an investment adviser either
with the U.S. Securities and Exchange Commission or with any state
securities regulatory authority. StreetAuthority.com is intended to
provide opinions and analysis of stocks and markets, but is not intended
to provide personalized investment advice. DO NOT EMAIL
StreetAuthority.com SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH CANNOT
BE PROVIDED. StreetAuthority.com's stock portfolio and the
StreetAuthority email newsletter(s) represent only our editor's opinions
and should not be relied upon for purposes of transacting securities or
other investments, nor should they be construed as an offer or
solicitation of an offer to sell or buy any security. StreetAuthority,
LLC cannot and does not assess, verify or guarantee the suitability or
profitability of any particular investment. You bear responsibility for
your own investment research and decisions and should seek the advice of
a qualified securities professional before making any investment.
Sweepstakes, Contests, and Games. Any sweepstakes, contests, and
games that are accessible through the Site are governed by specific
rules. By entering such sweepstakes or contests or participating in such
games you will become subject to those rules.
Claims of Copyright 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. If you believe in good
faith that materials hosted by StreetAuthority, LLC infringe your
copyright you (or your agent) may send us a notice requesting that the
material be removed, or access to it blocked. If you believe in good
faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send us a counter-notice. Notices
and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Site should be sent to
StreetAuthority, LLC, PO Box 83217, Gaithersburg, MD 20883-3217. We
suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for false
claims under the DMCA.
Ownership and Restrictions on Use. ©2001-2004 StreetAuthority,
LLC. All Rights Reserved. You may only access and use the materials on
the Site, and download and/or print out only one copy of any materials
on the Site, solely for your personal use. You may not republish,
upload, post, transmit or distribute materials from the Site in any way
without our prior written permission. Modification of the materials or
use of the materials for any other purpose is a violation of our
copyright and other proprietary rights, and is strictly prohibited. You
acknowledge that you do not acquire any ownership rights by using the
Site.
Jurisdictional Issues. The Site is solely directed to individuals
residing in the United States. We make no representation that materials
in or related to 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. We
reserve the right to limit the availability of the Site and/or the
provision of any service or product described thereon to any person,
geographic area, or jurisdiction we so desire, at any time and in our
sole discretion, and to limit the quantities of any such service or
product that we provide.
Links to Other Websites. The Site may contain links to other
Internet websites or resources. We neither control nor endorse such
other websites, nor have we reviewed or approved any content that
appears on such other websites. You acknowledge and agree that we shall
not be held responsible for the legality, accuracy, or inappropriate
nature of any content, advertising, products, services, or information
located on or through any other websites, nor for any loss or damages
caused or alleged to have been caused by the use of or reliance on any
such content.
Disclaimer. The site, the materials on the site, and any product or
service obtained or accessed through the site are provided "as
is" and without representations or warranties of any kind, either
express or implied. To the fullest extent permissible pursuant to
applicable law, StreetAuthority,LLC, its officers, directors, employees,
affiliates, suppliers, advertisers, and agents disclaim all warranties,
express, implied or statutory, including, but not limited to, implied
warranties of title, non-infringement, merchantability, and fitness for
a particular purpose, and all warranties relating to the adequacy,
accuracy or completeness of any information on the sites. Applicable law
may not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. StreetAuthority, LLC and its
affiliates, suppliers, agents and sponsors do not warrant that your use
of the site will be uninterrupted, error-free, or secure, that defects
will be corrected, or that the site or the server(s) on which the site
are hosted are free of viruses or other harmful components. You
acknowledge that you are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed to access and
use the sites, and all charges related thereto. You assume total
responsibility and risk for your use of the site and your reliance
thereon. No opinion, advice, or statement of StreetAuthority, LLC or its
affiliates, suppliers, agents, members, or visitors, whether made on the
site or otherwise, shall create any warranty. Your use of the sites and
any materials provided through the sites are entirely at your own risk.
A possibility exists that the Site could include inaccuracies or errors,
or materials that violate these Terms of Use (specifically, the Code of
Conduct above). Additionally, a possibility exists that unauthorized
alterations could be made by third parties to the Site. Although we
attempt to ensure the integrity of the Site, we make no guarantees as to
the Site's completeness or correctness. In the event that such a
situation arises, please contact
us with, if possible, a description of the material to be checked
and the location (URL) where such material can be found on the Sites, as
well as information sufficient to enable us to contact you. We will try
to address your concerns as soon as reasonably practicable. For
copyright infringement claims, see the section on "Claims of
Copyright Infringement" above.
Limitation of Liability. Neither StreetAuthority, LLC nor its
affiliates, suppliers, advertisers, affiliates, or agents or sponsors
are responsible or liable for any indirect, incidental, consequential,
special, exemplary, punitive or other damages under any contract,
negligence, strict liability or other theory arising out of or relating
in any way to the sites and/or content contained on the sites, or any
product or service purchased through the sites. Your sole remedy for
dissatisfaction with the site and/or content contained within the site
is to stop using the site. The sole and exclusive maximum liability to
company for all damages, losses, and causes of action (whether in
contract, tort (including, without limitation, negligence), or
otherwise) shall be the total amount paid by you, if any, to access the
sites.
Indemnification. You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and representatives harmless from
and against any and all claims, damages, losses, costs (including
reasonable attorneys' fees), or other expenses that arise directly or
indirectly out of or from (a) your breach of this Agreement, including
any violation of the Code of Conduct above; (b) any allegation that any
materials that you submit to us or transmit to the Sites infringe or
otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (c)
your activities in connection with the Sites or any services related to
the Sites.
Miscellaneous. This Agreement is governed by and construed in
accordance with the laws of the State of Maryland, United States of
America, without regards to its principles of conflicts of law. You
agree to personal jurisdiction by the federal and state courts located
in Montgomery County, United States of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of this Agreement is found to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This Agreement is not assignable,
transferable or sub-licensable by you except with our prior written
consent. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or section title contained in this
Agreement is inserted only as a matter of convenience and in no way
defines or explains any section or provision hereof. This, together with
all the StreetAuthority, LLC policies referred to herein, constitutes
the entire Agreement between us relating to the subject matter herein
and supersedes and any all prior or contemporaneous written or oral
Agreements between us.
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