1. Access and Privacy
2. Content and Uses of the Website Third Party Providers
3. Stock Quotes And E-mail Alerts
4. Indemnification
5. Choice of Law, Jurisdiction, and Venue
6. Severability
7. Waiver
8. Assignment
9. Entire Agreement
10. Fees
11. Amendments
12. Miscellaneous
1. Access and Privacy.
By accepting this Agreement, you expressly consent to certain disclosures of your personally identifiable and other personal information to third parties, and to use of your information by third parties, and us as described in our then-current Privacy Policy, which is incorporated herein by reference. A complete statement of our privacy policy can be found here.
You agree to abide by any policies posted on Website. We expect that you will use caution and common sense when utilizing the services that come with Membership. Furthermore, by accessing Website you agree to comply with all applicable laws regarding your access to Membership services.
You must be at least thirteen (18) years old to register for the services provided in the Website. We also encourage anyone under the age of eighteen (18) years old to seek the consent of their parents or guardians before making use of any of the free services available at Website or before providing information about themselves to anyone on the Internet. Children should never reveal their addresses, phone numbers or other personal information to any strangers on the Internet.
In consideration of use of our services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Website retains the right to terminate your account and refuse any and all current or future use of the services.
Website may, in its sole discretion and at any time, modify and/or discontinue Website, and/or limit, terminate or suspend your use of or access to Website. And/or make changes to this Agreement. Your right of access and use of the Website shall not be deemed as a waiver of any of Website's rights hereto nor shall it be deemed as a grant of any rights to any of the information, intellectual property or other matters described or set forth herein.
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2. Content and Uses of the Website
When/if you submit any content to any "public area" of the Website, you grant Website, its affiliates, suppliers, distributors, and third party service providers a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, in "public area" content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor to access, display, view, store, and reproduce "public area" content for personal use.
Subject to the foregoing, the owner of "public area" content retains any and all rights that may exist in such content. By accessing Website, you agree that you shall have no recourse against Website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Website.
You are solely responsible for your content, and we merely act as a passive conduit for your online distribution and publication of your information. However, we may unilaterally take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Website reserves the right to edit, copy, deletes, in part or in full, any or all content provided by its members. Website may make these changes at any time for any reason without the prior consent or notification of the author.
You may only use Website for legal purposes. The content you distribute or request to receive (directly or indirectly) through Membership access, any products and services you may choose to offer (if permitted to do so), and any username you select: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation (including without limitation those governing export control, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; or (e) shall not contain any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your use of services provided by Website or take any other action, which imposes an unreasonable or disproportionately large load on our
infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, we may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Website. You further agree not to use an inappropriate member name of any kind.
The entire contents of Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Website, its affiliates or other third party licenser's.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Website solely for your own noncommercial use. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from Website
Third Party Providers
You may order, purchase, or otherwise obtain services or merchandise through this Website from entities not affiliated with Website ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Website makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Website nor will Website be construed as a party to such transactions, whether or not Website may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Website may contain links that provide access to services provided by affiliates of Website. These links are provided solely as a convenience to you and not as an endorsement by Website of the content of such other websites.
WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF SUCH SERVICES
If we ask a third party to provide services through the Website or for your use, the provisions of this Agreement shall apply to your use of their services. Website is not responsible for the content on the Internet or WebPages that are contained outside the Website. Website make no representations as to the quality, suitability, functionality or legality of any other websites to which we may provide links, and you hereby waive any claim you might have against Website with respect to such sites.
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3. Stock Quotes And E-mail Alerts
All information provided by Website and its affiliates is owned by or licensed to Website and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Website information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Website information in any format to anyone, and no user shall use any Website information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a security trade based upon the Website information, you are advised to consult with your broker or other financial representative to verify pricing information.
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4. Indemnification
You agree to indemnify, defend and hold harmless Website, its parent companies, subsidiaries, affiliates, and any officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of services provided by Website, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The Agreement will inure to the benefit of Website and its successors, assigns and licensees.
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5. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Both you and Website submit to the exclusive personal jurisdiction of the State of New York and further agree that any cause of action arising under this Agreement shall be brought in a court in New York, New York.
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6. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.
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7. Waiver
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
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8. Assignment
Website may freely assign this Agreement and upon such assignment Website will be relieved of any further obligation there under. You may not assign its rights under this Agreement, in whole or in part, to any third party.
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9. Entire Agreement
This Agreement (including all Addenda and the Privacy Policy) sets forth the entire understanding and agreement between the parties with respect to the subject matter herein, and supersedes all prior agreements and understandings.
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10. Fees
Website reserves the right to charge fees, surcharges and/or membership fees at any time upon without prior written notice to you.
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11. Amendments
Website reserves the right to unilaterally amend this Agreement at any time by either: (I) notifying you by e-mail, in which case the amendments will be effective upon e-mailing you the notification at the e-mail address you have provided; or (ii) by posting the amended version on the Website and announcing on our Home Page that the amended agreement is available. In this case, such amendments will be effective when announced.
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12. Miscellaneous
The services there under are offered by Net Com Development, Inc., New York State corporation, located at 30 Central Drive Farmingdale, NY 11735. Please feel free to contact Website to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address or calling
631-393-6033. Upon your request, you may have this Agreement sent to you by e-mail.
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Californians have rights to the foregoing information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you notice any users violating the terms and conditions of this Agreement, you may notify us at: 30 Central Drive Farmingdale, NY 11735 or at 631-393-6033.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Website
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