The StockTraderTerminal Web Site (the "Site") is an
online information service provided by
StockTraderTerminal ("StockTraderTerminal "), subject to
your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. StockTraderTerminal MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The
owner of the copyrights and trademarks are
StockTraderTerminal, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of
material from the different areas of the Site
solely for your own non-commercial use provided
that you agree not to change or delete any
copyright or proprietary notices from the
materials. You agree to grant to StockTraderTerminal
a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to
sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and
publicly perform any materials and other
information (including, without limitation,
ideas contained therein for new or improved
products and services) you submit to any public
areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to
StockTraderTerminal by all means and in any media now
known or hereafter developed. You also grant to
StockTraderTerminal the right to use your name in
connection with the submitted materials and
other information as well as in connection with
all advertising, marketing and promotional
material related thereto. You agree that you
shall have no recourse against StockTraderTerminal
for any alleged or actual infringement or
misappropriation of any proprietary right in
your communications to StockTraderTerminal.
Publications, products, content or services
referenced herein or on the Site are the
exclusive trademarks or servicemarks of
StockTraderTerminal. Other product and company names
mentioned in the Site may be the trademarks of
their respective owners.
2.
Use of the Site.
You understand that, except for information,
products or services clearly identified as being
supplied by StockTraderTerminal, StockTraderTerminaldoes
not operate, control or endorse any information,
products or services on the Internet in any way.
Except for StockTraderTerminal- identified
information, products or services, all
information, products and services offered
through the Site or on the Internet generally
are offered by third parties, that are not
affiliated with StockTraderTerminal a. You also
understand that StockTraderTerminal cannot and does
not guarantee or warrant that files available
for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or
other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and
checkpoints to satisfy your particular
requirements for accuracy of data input and
output, and for maintaining a means external to
the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET.
StockTraderTerminal PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND StockTraderTerminal SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. StockTraderTerminal DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. StockTraderTerminal HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL StockTraderTerminal BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF StockTraderTerminal OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
StockTraderTerminal LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
StockTraderTerminal makes no representations
whatsoever about any other web site which you
may access through this one or which may link to
this Site. When you access a non-StockTraderTerminal
web site, please understand that it is
independent from StockTraderTerminal, and that
StockTraderTerminal has no control over the content
on that web site. In addition, a link to a
StockTraderTerminal web site does not mean that
StockTraderTerminal endorses or accepts any
responsibility for the content, or the use, of
such web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless
StockTraderTerminal, its officers, directors,
employees, agents, licensors, suppliers and any
third party information providers to the Service
from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you
or any other person accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the
benefit of StockTraderTerminal and its officers,
directors, employees, agents, licensors,
suppliers, and any third party information
providers to the Service. Each of these
individuals or entities shall have the right to
assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of United
States of America applicable to agreements made
and to be performed in United States of America.
You agree that any legal action or proceeding
between StockTraderTerminal and you for any purpose
concerning this Agreement or the parties'
obligations hereunder shall be brought
exclusively in a federal or state court of
competent jurisdiction sitting in United States
of America . Any cause of action or claim you
may have with respect to the Service must be
commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred. StockTraderTerminal's failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be
construed as a waiver of any provision or right.
Neither the course of conduct between the
parties nor trade practice shall act to modify
any provision of this Agreement. StockTraderTerminal
may assign its rights and duties under this
Agreement to any party at any time without
notice to you.
Any
rights not expressly granted herein are reserved.
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