NOTE: Because this service is designed around the sharing of information related to the stock market, users should pay particular attention to Sections 1, 9, 10, 11, 14, 15, 22, 23, 25. Additionally, we have highlighted in bold language of central importance to this User Agreement. Of course, before registering with and using our service, you are required to read and agree to all the provisions of the entire User Agreement and a decision to read only certain sections does not exempt you from each and every obligation under this User Agreement.
For your convenience, we have numbered each section in this User Agreement and have provided a Table of Contents with headlines linked to each section. The entire User Agreement appears just below this table and all you need to do to access it is simply continue to scroll until you get to the end of the document. Before registering with and/or using our service, you must certify that you have read, understood and agreed to this User Agreement.
Thank you for your time, patience and diligence in reading this User Agreement. We look forward to your participation as a productive, cooperative and civil member of our community.
1. AGE RESTRICTION—YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OUR SITE AND/OR USE OUR SERVICE
InvestorVillage™ sites, products and services are intended for people old enough to make their own financial decisions and are not intended for an audience of persons under the age of 18. By accessing our site and/or using our service, you certify that you are at least 18 (eighteen) years of age and you represent and warrant that you have the right, authority and capacity to enter into this User Agreement and to abide by all of the terms and conditions of this User Agreement.
2. THE TERM “USER” DEFINED
When appearing in this User Agreement, the term “USER” includes REGISTERED MEMBERS as well as AUTHORIZED & UNAUTHORIZED NON-MEMBERS.
3. REGISTRATION & MEMBERSHIP OBLIGATIONS
Members may maintain only one active membership with the Service. By accepting this User Agreement, you warrant that you have no other membership with the Service. When you register with our service, you agree to provide accurate information about yourself and to update your personal registration information as needed. If you provide false or otherwise deceptive registration information, InvestorVillage™ has the right to suspend or terminate your account.
4. PREMIUM SERVICE
Membership and Billing
You can find the specific details regarding your membership with InvestorVillage at anytime by clicking on the “account details" link, located within the “My Account” section of the InvestorVillage website.
We encourage the use of our service through free trials. Free trials last for seven (7) days for eligible new subscribers. To view the specific details regarding your free trial, if any, click on the "My Account" link located at the top of every InvestorVillage website page and then click the “account details" link.
Free trials are only available to first time customers of the InvestorVillage service and cannot be combined with any other offer. Only one free trial may be redeemed per registered member and only one account may be registered per person. You must have Internet access and a valid credit or debit card ("Payment Method") to accept a free trial offer. By registering for a free trial, you authorize InvestorVillage to charge your Payment Method for one month or one year of service (depending on whether you select the Monthly or Yearly Plan), but no charges will be made against the Payment Method if you cancel the service prior to the end of the seven-day free trial membership period (although, in some instances, your available balance or credit limit may be reduced to reflect the authorization). If you do not cancel the service before the end of the free trial membership period, we will continue providing service on a monthly or yearly basis, with all fees charged to your Payment Method, until either you or we cancel or terminate the service.
We will begin billing your Payment Method for monthly or yearly membership fees corresponding to your membership plan (plus any applicable tax) at the end of your free trial membership period unless you cancel prior to the end of your free trial. To view the specific details of your membership plan, including price and end date of your free trial period, click the "account details" link on the "My Account" page. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "My Account" LINK AT THE TOP OF ANY INVESTORVILLAGE WEB PAGE FOLLOWED BY THE ACCOUNT DETAILS LINK FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly or yearly basis for your membership plan until you cancel. You may cancel your membership at anytime. To view the details of your specific membership plan, click the "account details" link on the "My Account" page. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, the words "month" or "monthly" and "year" or "yearly" refer to your billing cycle (See "Billing" below).
By starting your InvestorVillage membership, you are expressly agreeing that we are authorized to charge a monthly or yearly membership fee, or a one-time charge in the case of a Lifetime Membership fee, plus any applicable tax and any other charges you may incur in connection with your use of the InvestorVillage service, to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in this User Agreement, "billing" shall indicate either a charge or a debit, as applicable, against your Payment Method. We will automatically bill your Payment Method each month or year on the calendar day most closely corresponding to the commencement of your membership. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons such as promotional offers, variable services (i.e. services for which you may have elected to pay on a per use basis) and changes in the amount of applicable sales tax. You hereby authorize us to charge your Payment Method for such varying amounts, without prior notice to you. We may also, from time to time, change the fees and charges in effect for your membership plan, or add new fees and charges, but we will give you advance notice of these changes, either by email or by posting on our website. Such changes will be deemed accepted by you unless you elect to discontinue your membership. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “My Account” button available at the top of the pages of the InvestorVillage website and then clicking on the "account details" link. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any unpaid amounts.
Your InvestorVillage membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or year in order to avoid billing of the next month's or year's membership fees to your Payment Method.
You may cancel your membership to InvestorVillage at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel My Membership" on the "account details" page in the “My Account” section of the website.
We reserve the right to terminate your account at any time for any or no reason.
5. ONE ALIAS POLICY
We allow you to choose one alias for the life of your account, so choose wisely. This account will serve as your InvestorVillage identity. Messages you post will be identified as authored by this name. Even if you choose not to fill out a Member Profile, your alias will appear in our Member Directory. We reserve the right to disqualify any alias for any reason, including impersonation of a celebrity, financial personality, or executive/director of a publicly-traded company, as well as vulgar/profane names and their phonetic equivalents.
a. Information Collection & Use General b. Information Sharing & Disclosure
InvestorVillage™ collects and stores personal information about you when you register with InvestorVillage™, when you use InvestorVillage™ products and services, and when you visit InvestorVillage™ pages. InvestorVillage™ uses information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services and contact you as needed.
We use third-party advertising companies to serve ads when you visit our websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.networkadvertising.org/consumer/opt_out.asp Personal Information
Personal information is information about you that is personally identifiable and not otherwise publicly available, such as your name and email address. Information Collected At Registration
Your registration with our site is purely voluntary. Please be aware that when you register with InvestorVillage™ we ask for information such as your name and email address. Members Are Not Anonymous
Once you register with InvestorVillage™ and log in to our services, you should be aware that you are not anonymous to us and your online activity and behavior can be monitored. Of course, we trust that you will be on your best behavior when interacting with other registered members of our community and when posting information to our site and we do not therefore anticipate any reason for this to be a problem for anyone. Your IP Address & Our Cookies
When you log on to our service, InvestorVillage™ automatically receives and records information on our server logs from your browser, including your IP address. Also, InvestorVillage™ may set and access InvestorVillage™ cookies on you computer. To learn more about “cookies” click here
InvestorVillage™ does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances: c. Message Boards, Private Messaging, & Member Profile Page
Law Enforcement & Other Legal Matters
We may disclose personal information about our members in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
If you choose to post messages on our message boards and/or send private messages to other members, you should be aware that any personally identifiable information you submit can be read, collected, or used by other users of these forums, INCLUDING NON-MEMBER USERS in public areas of our site. Such information could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. d. Confidentiality & Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. e. Compliance With Child Online Privacy Protection Act
As stated in our User Agreement, InvestorVillage™ web sites, products and services are not intended for children under the age of 18 and we do not knowingly solicit or accept personal or other information from children under the age of 18. However, we recognize the difficulties in policing online behavior (particularly of children) and we understand that children can sometimes gain access to web sites without the permission of the site’s owners and without the permission of the child’s own parents. You should know that we take very seriously the safety of children and the concerns of responsible parents. Therefore, we make every effort to be in compliance with the Child Online Privacy Protection Act (COPPA), though technically, COPPA may not apply to our site (please see COPPA NOTE below).
Contact Information for Concerned Parents
If you are a parent or legal guardian and discover that your minor child has registered with our site, you may contact us at firstname.lastname@example.org to notify us of your child’s unauthorized participation in our online community and request that his or her account be terminated and all information collected and otherwise related to your child’s account be permanently deleted, as per COPPA.
The following information appears on the FTC web site “FAQ” page for COPPA (the Child Online Privacy Protection Act). Based on the discussion excerpted below, we at InvestorVillage™ do not believe that the COPPA applies to our site. However, as noted above, out of an abundance of caution and a genuine concern for the welfare and safety of all children, we make every reasonable effort to comply with COPPA. To learn more about COPPA click here.
Q. COPPA applies to "websites directed to children." What factors should I use to determine whether my website is targeted to children?
A. According to the Rule, the factors to use in determining whether your site is targeted to kids include subject matter, language, whether the site uses animated characters, and whether advertising on the site is directed to children. The Commission also considers empirical evidence regarding the ages of the site's visitors. These standards are similar to those for TV, radio and print advertising.
InvestorVillage™ may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your InvestorVillage™ account, to your private message inbox or by placing a prominent notice on our site. g. Questions & Suggestions
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account. By registering with and using our service, you agree to assume full responsibility for all activities that occur under your password and account.
8. ADMINISTRATIVE COMMUNICATIONS
InvestorVillage™ may from time to time communicate with you via email and/or your own Private Message inbox located on our site. Certain communications such as service announcements and administrative messages are considered part of InvestorVillage™ membership and you will not be able to opt out of receiving them.
9. USE ON AN “AS-IS” BASIS
You understand and agree that the Service is provided "AS-IS" and that InvestorVillage™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
10. SPECIAL WARNING ON USE OF FINANCIAL MESSAGE BOARDS:
Please be aware that the Service includes information, views, opinions and recommendations of individuals from the general public who may remain largely anonymous while on our site and whose use of our site implies an interest in discussing and sharing information related to the stock market and/or other investments. While we do not verify members’ credentials, it is very likely that many members are what one might call “do-it-yourself” retail investors and/or traders with little or no training, education, experience or any other specialized knowledge of the markets, investing or other financial matters.
InvestorVillage™ assumes no responsibility for the accuracy, timeliness, completeness or usefulness of information available via the Service. InvestorVillage™does not endorse any opinions or recommendations posted by members. InvestorVillage™ does not give tax or investment advice. InvestorVillage™ does not advocate the purchase or sale of any security or investment.
You should exercise discretion and skepticism when reading and weighing information posted on message boards and in other areas of our web site. Such information may be incorrect or misleading. Members may pretend to be other than who or what they are. Some members may have dishonest and/or deceitful intentions or may share inaccurate and misleading information. You should make every reasonable effort and attempt to independently verify any and all claims made on this or any other message board service. Before making any financial decisions you should consult a professional money manager or other financial advisor. If you choose to rely on information posted by other members you do so solely at your own risk.
The Securities 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 by other members about such stocks. To learn more about what the SEC has to say with respect this matter, please visit http://www.sec.gov
11. USER CONDUCT
How you conduct yourself on our service will in many cases have a direct bearing on how other members perceive you and interact with you. It is your responsibility to conduct yourself in a civil and respectful manner while participating and interacting with other members of our service.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not InvestorVillage™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. InvestorVillage™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will InvestorVillage™ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b.
harm minors in any way; c.
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; d.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e.
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f.
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas designated for such purpose; to learn more please read our complete Spam Policy here h.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i.
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j.
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k.
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l.
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m.
"stalk" or otherwise harass another; and/or n.
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
InvestorVillage™ does not review, screen or edit messages or other content posted by members. Nevertheless, InvestorVillage™ and its designees reserve the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in our sole discretion. Members are responsible for bringing violations of the User Agreement to InvestorVillage™'s attention. Although InvestorVillage™ does not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner. InvestorVillage™and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable.
You agree to evaluate and bear all risks associated with the use of any Content appearing on InvestorVillage™ web pages, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by InvestorVillage™ or submitted to InvestorVillage™, including without limitation information in InvestorVillage™Message Boards, and in all other parts of the Service.
In addition to the above, in connection with your use of the Site, you agree not to:
• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion 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;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of 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 download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
12. CONSENT TO DISCLOSURE FOR LAW ENFORCEMENT & OTHER PURPOSES
You acknowledge, consent and agree that InvestorVillage™ may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of InvestorVillage™, its users and the public.
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
InvestorVillage™ makes no representation that materials provided on 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. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. CONTENT LICENSES—YOU GRANT INVESTOR VILLAGE CERTAIN LICENSES FOR CONTENT YOU CHOOSE TO POST TO OUR SITE
By posting “content,” including text, photos, graphics, audio, video or other digital, analog or other content, to any public area of InvestorVillage™ you automatically grant (and represent and warrant that you have the right to grant) to InvestorVillage™ an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license under your copyrights, or other intellectual property rights if any, in such material to use, copy, modify, adapt, publicly perform, publicly display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content in any and all media, in any manner, whole or part, without any duty to account to you. You further grant and authorize sublicenses of the foregoing in any format or medium now known or later developed. And you grant InvestorVillage™ the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
"Publicly accessible" areas of the Service are those areas of the InvestorVillage™ network of properties that are intended by InvestorVillage™ to be available to the general public and are reasonably understood as such.
You agree to indemnify and hold InvestorVillage™, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
16. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your InvestorVillage™ Member ID), use of the Service, or access to the Service.
17. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that InvestorVillage™ may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on InvestorVillage™’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
If you are concerned about electronically preserving content generated by you and posted to our Service, you acknowledge and accept that it is your responsibility to copy and save such data on an external drive of your choice, such as your home PC. We recommend that you save to your own external hard drive any and all information deemed by you to be important for your own research purposes, or to have sentimental or other personal or professional value to you. We are not the guardians of your work product. By using our service you accept full responsibility for making back up copies of all such work and you agree to hold InvestorVillage harmless for loss of any such data.
18. MODIFICATIONS, SUSPENSION OR DISCONTINUANCE OF SERVICE
InvestorVillage™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that InvestorVillage™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that InvestorVillage™ may, under certain circumstances and without prior notice, immediately terminate your InvestorVillage™ account and access to the Service. Cause for such termination shall include, but not be limited to, (a) violations of the User Agreement, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) extended periods of inactivity, and/or (e) you have engaged in fraudulent or illegal activities.
Termination of your InvestorVillage™ account includes (a) removal of access to all offerings within the Service, including but not limited to InvestorVillage™ Private Messages and Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.
You agree that all terminations for cause shall be made in InvestorVillage™’s sole discretion and that InvestorVillage™ shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Should you object to any terms and conditions of this User Agreement 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 InvestorVillage™ of termination by sending an e-mail to: email@example.com
. Continued use of the Service is an acceptance of the User Agreement and any subsequent changes.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because InvestorVillage™ has no control over such sites and resources, you acknowledge and agree that InvestorVillage™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that InvestorVillage™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
21. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by InvestorVillage™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Content received through the Service may be displayed, reformatted and printed for your personal, non-commercial use only.
22. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK & DISCRETION. The service is provided on an “AS IS” and “AS AVAILABLE” basis.
b. InvestorVillage™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, whether express or implied, including but no limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
c. InvestorVillage™ makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this service will meet your expectations, and (v) any errors in the software will be corrected.
d. Any material 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 DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. No advice or information, whether oral or written, obtained by you from InvestorVillage™ or through or from the service shall create any warranty not expressly stated in the User Agreement.
23. LIMITATION OF LIABILITY
You expressly understand and agree that InvestorVillage™ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if InvestorVillage™ has been advised of the possibility of such damages), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
24. CERTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 22 & 23 may not apply to you.
25. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please pay special attention to Sections 22 & 23. We believe and instruct our members that personal accountability in financial matters is of paramount importance. The responsibility for engaging in the high-risk business of stock investing is to be born by you, the ultimate decision-maker in all matters of your personal finance. You should always treat information you receive on this or any online service with a healthy dose of skepticism. Always attempt to independently verify any and all claims you encounter while online. Always do your own homework and think for yourselves. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. InvestorVillage™ and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
26. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this Agreement.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY 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. Please see http://www.loc.gov/copyright/
for further details. We suggest that you consult your legal advisor before filing a notice or counter-notice under the DMCA. Also, please be aware that there can be penalties for false claims under the DMCA.
InvestorVillage™ respects the intellectual property of others, and we ask our users to do the same. InvestorVillage™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide InvestorVillage™'s Copyright Agent the following information:
1. an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact information for InvestorVillage's Designated Agent for Notice of claims of copyright or other intellectual property infringement:
Name: Ralph Kidd
Address: 4900 15th Street, Marrero, LA 70072
28. GENERAL INFORMATION
Entire Agreement. The USER AGREEMENT constitutes the entire agreement between you and InvestorVillage™ and governs your use of the Service, superseding any prior agreements between you and InvestorVillage™ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other InvestorVillage™ services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The USER AGREEMENT and the relationship between you and InvestorVillage™ shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and InvestorVillage™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia.
Waiver and Severability of Terms. The failure of InvestorVillage™ to exercise or enforce any right or provision of the USER AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the USER AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the USER AGREEMENT remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your InvestorVillage™ account is non-transferable and any rights to your InvestorVillage™ Member ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the USER AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the USER AGREEMENT are for convenience only and have no legal or contractual effect.
Please report any violations of the USER AGREEMENT to firstname.lastname@example.org
If you have any questions about the terms and/or spirit of this Agreement and/or desire clarification of any of our policies and procedures, please email us at email@example.com