ACCEPTANCE OF TERMS:
By using the Service (also referred to as 'the webapp'), you signify your irrevocable acceptance of this TOS, as amended by tap tak periodically and acknowledge that changes to this agreement may be made at any time.
You may use this web app for the sole purpose of sharing and exchanging ideas with other users. You may not use this web app to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You are strictly prohibited from communicating on or through this web app any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Indemnification:
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the webapp, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination:
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the webapp. If you are dissatisfied with the webapp, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the webapp. The Operators reserve the right to terminate or suspend your access to and use of the webapp, or parts of the webapp, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
Warranty Disclaimer:
The webapp and associated materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, the operators disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringementof intellectual property. The operators make no representations or warranty that the webapp will meet your requirements, or that your use of the webapp will be uninterrupted, timely, secure, or error free; nor do the operators make any representation or warranty as to the results that may be obtained from the use of the webapp. The operators make no representations or warranties of any kind, express or implied, as to the operation of the webapp or the information, content, materials, or products included on the webapp.
In no event shall the operators or any of their agents, vendors or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use the webapp, even if the operators have been advised of the possibility of such damages. This disclaimer constitutes an essential part of this agreement. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You understand and agree that any content downloaded or otherwise obtained through the use of the webapp is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. The operators shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the webapp. Your participation in the webapp is solely at your own risk. No advice or information, whether oral or written, obtained by you from the operators or through the operators, their employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of the the webapp, that your use of the webapp is at your sole risk.
Liability limitation. Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, shall the operators or any of their agents, vendors or suppliers be liable to user or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the the webapp or for any breach of security associated with the transmission of sensitive information through the webapp or for any information obtained through the webapp, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the operators has been advised of or should have known of the possibility of such damages.
The operators's total cumulative liability for any and all claims in connection with the webapp will not exceed five u.S. Dollars ($5.00). User agrees and acknowledges that the foregoing limitations on liability are an essential basis of the bargain and that the operators would not provide the webapp absent such limitation.
General:
The webapp is hosted in the United States. The Operators make no claims that the Content on the webapp is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the webapp from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators' rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the webapp must be brought in the courts of US, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the webapp must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials:
The webapp may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the webapp. If you decide to access any of the third party sites linked to by the webapp, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Updated 2013-05-27 | 14:05 UTC/GMT
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