INSIDEWALLSTREET.NET TERMS OF USE AGREEMENT
Welcome to InsideWallStreet.net! We hope that you will enjoy the information and
services provided on our site and we appreciate your feedback on how we can
improve InsideWallStreet.net. For the enjoyment and protection of all
InsideWallStreet.net members, we have prepared the following
InsideWallStreet.net Terms of Use Agreement. By using InsideWallStreet.net, you
agree to be bound by these Terms of Use, so please read them carefully. A
summary is provided below for your convenience, but you should still read the
entire agreement.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE
1.1. InsideWallStreet.net is pleased to provide you with the
InsideWallStreet.net service via the Web site(s) owned and operated by
InsideWallStreet.net and accessed via the InsideWallStreet.net.
InsideWallStreet.net Terms of Use Agreement, any amendments to the
InsideWallStreet.net Terms of Use Agreement, and operating rules and policies
(collectively, the "Terms of Use"). InsideWallStreet.net reserves the right, at
is discretion, to change, modify, add or remove all or part of the Terms of Use
at any time.
1.2. By accepting the Terms of Use, you agree to (a) provide accurate, complete
and current information as prompted during the Service Registration process,
and (b) to maintain and update your e-mail address to keep it accurate,
complete and current. If you fail to do so, InsideWallStreet.net reserves the
right to terminate your Service membership. As part of the Service Registration
process, you will select a password and user name and identifier. Choose
wisely. InsideWallStreet.net may refuse to grant you a user name that
impersonates someone else, is or may be illegal, is or may be protected by
trademark or other proprietary right law, is vulgar or otherwise offensive, or
may cause confusion, as determined by InsideWallStreet.net in its sole
discretion.
1.3. Members may maintain only one active membership with the Service. By
accepting the Terms of Use, you warrant that you have no other membership(s)
with the Service. If you forget your user name or password, please click here
1.4. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON,
YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS
InsideWallStreet.net TERMS OF USE AGREEMENT. If these terms and conditions or
any future changes are unacceptable to you, or cause you no longer to be in
compliance with the Terms of Use, you may cancel your membership by sending
e-mail to membership@insidewallstreet.net
2. MEMBER CONDUCT
2.1. The Service includes information, views, opinions and recommendations of
individuals and organizations of interest to the investment community. The
following actions, among others, may result in termination of your membership.
a) Providing false information on your registration form, or impersonating
someone else. b) Using the service for the transmission of junk mail, spam,
chain letters, or unsolicited mass distribution of e-mail. c) Using the Service
for the transmission of advertising or promotion of any product or service. d)
Violating the letter or spirit of the Terms of Use.
2.2. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to U.S. export control laws and regulations, and the rules of any national or other securities exchange, including but not limited to New York Stock Exchange, the American Stock Exchange or the NASDAQ. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation, or rule of a national or other securities exchange.
2.3. You agree that you are responsible for all statements made and acts or omissions that occur on your membership account while your password is being used. You agree to waive and hold InsideWallStreet.net harmless from any claims relating to any action taken by InsideWallStreet.net as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including, but not limited to the suspension or termination of your membership account. If you believe someone has used your password or account without your authorization, you must notify InsideWallStreet.net immediately via e-mail at abuse@insidewallstreet.net
2.4. InsideWallStreet.net reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its members.
3. PROPRIETARY RIGHTS TO CONTENT
3.1. The content available through the Service is the property of InsideWallStreet.net or its licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without InsideWallStreet.net express prior written consent.
3.2. You agree that upon posting information on the Service, you grant InsideWallStreet.net, and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable 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, whole or part, without any duty to account to you. You also grant InsideWallStreet.net the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
4. EXTERNAL LINKS
4.1. The Service contains links to other related World Wide Web Internet sites, resources and members of the Service. InsideWallStreet.net is not responsible for the availability of these outside resources, or their contents, nor does InsideWallStreet.net endorse nor is InsideWallStreet.net responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall InsideWallStreet.net be held responsible or liable, directly or indirectly, 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 sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
5. DISCLAIMER AS TO ANALYSTS OPINIONS AND INFORMATION
5.1. The service provides information, views, opinions and recommendations from individuals and organizations. The analysts are not employees or agents of InsideWallStreet.net. The analysts may have paid a fee to InsideWallStreet.net for the right to post opinions and information on the service. InsideWallStreet.net assumes no responsibility for the accuracy, currency, completeness or usefulness of the analyst's information or opinions and it does not endorse any opinions or recommendations nor does it give investment advice or advocate the purchase or sale of any security or investment. You should exercise discretion and skepticism before relying on information and you should make an independent investigation before making any financial decisions and if you rely on information or opinions from the Analysts section you do so solely at your own risk.
7. DISCLAIMER OF WARRANTIES AND LIABILITY
7.1. The Service is provided AS IS and AS AVAILABLE, without warranty of any kind. InsideWallStreet.net EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA 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 DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM InsideWallStreet.net OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE CAPITAL REPORT.COM, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL THE CAPITAL REPORT.COM, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. THE CAPITAL REPORT.COM, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF InsideWallStreet.net, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID InsideWallStreet.net FOR THE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. INDEMNIFICATION
8.1. You agree to indemnify and hold InsideWallStreet.net, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. TERMINATION
9.1. You agree that InsideWallStreet.net may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Use or any subsequent modification, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your membership account and may be referred to appropriate law enforcement authorities. InsideWallStreet.net shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service. 9.2. Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify InsideWallStreet.net of termination by sending an e-mail to: unsubscribe@insidewallstreet.net Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.
10. LAWS
10.1. The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and the intellectual property laws of the United States.
10.2. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.
10.3. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Dallas County, Texas.
11. ADDITIONAL DISCLAIMER AND WARNING
11.1 The Securities and Exchange Commission has expressed concerns that the stock price for companies with small market capitalization (also known as "small cap", "micro cap" or "penny" stocks) may be particularly susceptible to manipulation. Therefore, you should carefully evaluate the information posted.
12. USING INSIDEWALLSTREET.NET PERSONAL WATCHLIST
InsideWallStreet.net is a cookie-based personal watch list page where you can set up your own portfolio to track the progress of the securities that you are watching. A cookie is a very small text file placed on your hard drive by a Web Page server. It is essentially your identification card, and cannot be executed as code or deliver viruses. It is uniquely yours and can only be read by the server that gave it to you. Our service may place one or more cookies on your computer. These cookies may be used to remind us who you are and what features or premium services you have registered for or to estimate our audience size and target marketing based on user interest. Advertisers on our service may also use cookies. We use third-party advertising companies to serve ads on our website. These third-party advertising companies employ cookie and 1x1 pixel .gif technology to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our Web site and other Web sites. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes. If you want to prevent a third-party advertiser from setting and/or reading cookies on your computer, currently you may either visit each ad network's web site individually and opt out or visit the National Advertising Initiative ("NAI") gateway opt-out site to opt-out of all network-advertising cookies. Click here for the NAI gateway opt-out Click Here. This site will also allow you to review the third-party advertising companies' privacy policies.