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BY COMPLETING THE ENROLLMENT
PROCESS, YOU AGREE TO THE TERMS OF THIS DISCLAIMER AND MEMBER AGREEMENT, JUST AS
IF YOU HAD SIGNED THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS
DISCLAIMER AND MEMBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS.
AGREEMENT BETWEEN USER AND FINPORTFOLIO
This Web site (the "Web
site") is offered to you (hereinafter referred to as "member")
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of this Web site constitutes your
agreement to all such terms, conditions, and notices. The right to use this Web
site and any other product or service offered by FinPortfolio, Inc.
("FinPortfolio"), is personal to member and is not transferable by
assignment, sublicense, or any other method to any other person or entity.
MEMBER INFORMATION
Member shall provide FinPortfolio with accurate, complete, and updated
information as to his or her name and email address provided by member at
registration. In each case, failure to do so shall constitute a breach of this
agreement.
No member may (i) select or
use a username or email address of another person with the intent to impersonate
that person; (ii) use a username or email address subject to the rights of any
person other than member without authorization; (iii) use a username in
violation of the intellectual property rights of any person; or (iv) use a
username that FinPortfolio, in its sole discretion, deems offensive.
PASSWORD DISCLOSURE
Member acknowledges that his or her right to use this Web site and other
products or services offered by FinPortfolio is personal to member and is not
transferable by assignment, sublicense, or any other method to any other person
or entity. Any attempt to transfer member's right to use this Web site is void
and shall constitute a breach of this Agreement.
Member shall take any and
all actions necessary to maintain the privacy of his or her password. In the
event member has reason to believe that a third party has access to member's
account, member shall promptly change account password by going to the
"Account" section of the site (within My FinPortfolio) and following
the directions for Changing Password. If
any such problem persists, notify FinPortfolio (by notice given to help@FinPortfolio.com).
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
This Web site is for member's personal and non-commercial use. Member may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained from this Web site.
NATURE OF SERVICE
FinPortfolio is neither an investment advisory service nor an investment
advisor. We are not investment advisors and do not purport to tell people, or
suggest to people, what they should buy or sell for themselves.
Investors should always
check with their licensed financial advisor, including their tax advisor, to
determine the suitability of any investment. FinPortfolio recommends that anyone
trading securities should do so with caution and prior to the execution of a
security trade based upon information from FinPortfolio, members are advised to
consult with their broker or other financial representative.
All investors are encouraged
to fully investigate any security before making an investment. Investors should
obtain annual reports and other company information to complete their own due
diligence in any investment. As a starting point to this investigation, the
Securities and Exchange Commission (the "SEC") maintains a Web site
that contains reports, proxy and information statements, and other information
regarding certain companies that file electronically with the SEC. In addition,
the SEC also provides information on various kinds of cyberfraud they see
occurring. The address of this Web site is http://www.sec.gov/.
Likewise, the National Association of Securities Dealers Regulation provides
their own insights on how to invest carefully online at http://www.nasdr.com/.
Neither FinPortfolio nor
anyone affiliated with FinPortfolio is responsible for any investment decision
made.
FinPortfolio has made all
reasonable efforts to ensure that all information provided on its own Web site
on the Internet is accurate at the time of inclusion; however, there may be
inadvertent and occasional errors for which FinPortfolio apologizes.
The information contained
within this Web site is the property of the original publisher. While we strive
to present accurate and useful information, FinPortfolio makes no guarantee of
accuracy or completeness. All information and opinion expressed herein is
subject to change without notice. Opinions and recommendations contained herein
should not be construed as investment advice. Do not assume that any
recommendations, insights, charts, theories, or philosophies will ensure
profitable investment.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES
THAT USE OF THE FORUMS AND THIS WEB SITE ARE AT HIS OR HER SOLE RISK. NEITHER
FINPORTFOLIO, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY,
RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THIS WEB SITE OR THE FORUMS.
B. THIS WEB SITE AND THE
FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THE DISCLAIMERS OF
LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT FINPORTFOLIO IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES,
MEMBERS, OR OTHER USERS OF THE FORUMS AND THAT THE RISK OF INJURY FROM THE
FORGOING RESTS ENTIRELY WITH EACH MEMBER.
D. IN NO EVENT WILL
FINPORTFOLIO OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR
TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR
OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE AND THE
FORUMS.
E. FINPORTFOLIO NEITHER
ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT ON THIS WEB SITE AND FORUMS, NOR FOR ANY OFFENSIVE,
DEFAMATORY, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN
AUTHORIZED FINPORTFOLIO EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL
CAPACITIES. UNDER NO CIRCUMSTANCES WILL FINPORTFOLIO BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT
ON THIS WEB SITE AND/OR ANY POSTING ON THE FORUMS. IT IS THE RESPONSIBILITY OF
EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE
AND/OR THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER
CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F. FINPORTFOLIO DOES NOT
ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY
THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
G. MEMBER SPECIFICALLY
ACKNOWLEDGES THAT IN NO EVENT WILL FINPORTFOLIO, ITS AFFILIATES, OR ANY OF THEIR
RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF
ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY
SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
H. MEMBER AGREES THAT THE
LIABILITY OF FINPORTFOLIO, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY,
ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE)
IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE
SHALL NOT EXCEED THE AMOUNT MEMBER PAID TO FINPORTFOLIO, INC., FOR USE OF THIS
WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO MEMBER.
INDEMNIFICATION
Member agrees to indemnify and hold FinPortfolio, its employees, its officers,
and its agents harmless from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from member's use of this Web site or from
member's violation of this Agreement or any third party's rights including but
not limited to copyright, property, and privacy rights. This indemnification and
hold harmless obligation will survive this Agreement and member use of this Web
site.
LINKS TO THIRD-PARTY SITES
This Web site contains hyperlinks to other Web sites operated by parties other
than FinPortfolio, and other resources and advertisers. Such hyperlinks are
provided for member's reference only. FinPortfolio is not responsible for the
availability of these external sites nor is it responsible for any of the
contents, advertising, products, or other materials on such external sites.
FinPortfolio's inclusion of hyperlinks to such Web sites does not imply any
endorsement of the material on such Web sites or any association with their
operators. Under no circumstances shall FinPortfolio be held responsible or
liable, directly or indirectly, for any loss or damage caused or alleged to have
been caused in connection with the use of or reliance on any content, goods, or
services available on such external site. Any concerns regarding any external
link should be directed to its respective site administrator or webmaster.
USE OF BULLETIN BOARDS, CHAT
ROOMS, AND OTHER COMMUNICATION FORUMS
Member is solely responsible for any information member posts in electronic
bulletin boards, chat rooms, or other message or communication facilities
(collectively, "Forums") on or related to this Web site. This Web site
and the Forums shall be used for lawful purposes only. No material shall be
posted on or transmitted through the Forums which violates or infringes in any
way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane,
indecent, or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability, or otherwise
violates any law. No conduct shall be undertaken that, in FinPortfolio's
judgment, restricts or inhibits any other user from using or enjoying the
Forums. The Forums shall not be used to solicit other members to become users of
competitive online information services. Advertising or commercial solicitation
may be posted on or transmitted through the Forums subject to FinPortfolio's
express prior approval and solely in accordance with the terms and conditions
imposed by FinPortfolio with respect thereto. If FinPortfolio is notified that a
message posted on FinPortfolio's Forums violates the legal rights of others or
the stated guidelines for posting messages, FinPortfolio reserves the right to
remove the message.
Member agrees not to upload,
post, or otherwise make available any material protected by copyright,
trademark, or other proprietary right on this Web site, without the express
permission of the owner of the copyright, trademark, or other proprietary right.
The burden of determining that any material is not protected by copyright rests
on member. Member shall be solely liable for any damages resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting from
any uploading, posting, or submission.
Member agrees not to upload
files to this Web site that contain viruses, corrupted files, or other similar
software or programs that may damage the operation of another person's
computers, software, Web sites, or network. Member will be solely responsible
for damages arising from any claims that files posted by member caused damage to
the operation of another person's computer, software, Web sites, or network.
Member agrees not to
advertise or offer to sell any goods or services, or promote any surveys,
contests, chain letters, or any commercial purpose on this Web site.
Member acknowledges that all
Forums are public and not private communications. FinPortfolio shall have the
right, but not the obligation, to monitor the content of the Forums to determine
compliance with this agreement and any other operating rules established by
FinPortfolio. Further, member acknowledges that chats, postings, conferences,
and other communications by other users are not endorsed by FinPortfolio, and
such communications shall not be considered reviewed, screened, or approved by
FinPortfolio. FinPortfolio reserves the right in its sole discretion to edit,
refuse to post, or remove any material submitted to or posted on the Forums.
Without limiting the foregoing, FinPortfolio shall have the right to remove any
material or contents of the Forums received from users, including without
limitation bulletin board postings, that FinPortfolio, in its sole discretion,
finds to be in violation of the provisions hereof, otherwise objectionable, or
stale. Furthermore, FinPortfolio reserves the right to deny in its sole
discretion any member's access to this Web site or any portion thereof without
notice.
COPYRIGHT AND LIMITATIONS ON
USE
The information available through this Web site is the property of FinPortfolio
or its licensors and is protected by copyright and other applicable laws,
treaties, and conventions. All rights reserved. Information received through
this Web site may be displayed, reformatted, and printed for member's personal,
non-commercial use only. Member agrees not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the information received
through this Web site to anyone, including but not limited to others in the same
company or organization, without the express prior written consent of
FinPortfolio.
FinPortfolio reserves the
right to republish the material contributed by our readers. By posting a
message, member expressly grants to FinPortfolio the royalty free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display any message posted in the Forums (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or
later developed.
Certain names, logos, and/or
phrases on these pages may constitute trademarks and/or copyrights of
FinPortfolio or its clients. The mark "FinPortfolio" and the contents
of this Web site are the sole property of FinPortfolio, Inc. Reproduction in
whole or in part is strictly prohibited without explicit written permission.
TRADEMARKS
FinPortfolio is a trademark of FinPortfolio. All rights reserved. All other
trademarks appearing on this Web site are the property of their respective
owners, including, in some instances, FinPortfolio.
MODIFICATION OF THESE TERMS
AND CONDITIONS
FinPortfolio shall have the right at any time to impose, change, or modify the
terms and conditions applicable to member's use of this Web site, or any part
thereof, including, but not limited to, content, hours of availability, and
equipment needed to access or use, and/or member's use of the Forums or any part
thereof, or to impose new terms and conditions. Such changes, modifications,
additions, or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on the Web
site and/or the Forums a revised version of this Agreement, and notification by
electronic or conventional mail. If any such change is unacceptable to member,
member may terminate his or her membership account as provided in the section
below. Any use of this Web site and/or any use of the Forums by member after
such notice (other than to terminate member's subscription pursuant to the
section below) shall conclusively be deemed to constitute acceptance by member
of such changes, modifications, additions, or deletions. Member agrees to review
the terms and conditions periodically to be aware of such revisions. Member may
also be subject to additional terms and conditions imposed by third-party
content providers in connection with third-party content, software, or services.
TERMINATION
Either FinPortfolio or member may terminate this Agreement at any time. Member's
only right with respect to any dissatisfaction with (i) any terms and conditions
of this Agreement, or any policy or practice of FinPortfolio in operating this
Web site and/or the Forums, (ii) content available through this Web site or any
change therein, or (iii) amount or type of fees or billing methods, or any
change thereof, is to terminate this Agreement by sending a written notice to
575 Lexington Avenue, 4th Floor, New York, NY 10022, or by sending an
email to help@FinPortfolio.com.
Member's notice of termination will be effective upon receipt by
FinPortfolio. FinPortfolio has no obligation to provide member with notice of
termination. Fees paid for any subscription term are paid in advance and are not
refundable in whole or in part, provided, however, that in the event of
termination by FinPortfolio for any reason other than breach of this Agreement
by member or termination by member in accordance with provisions (i), (ii), or
(iii) above, in which member identifies the termination as resulting from
changed terms, FinPortfolio shall make a pro rata refund to member.
The terms of the sections of
this Agreement entitled Copyright and Limitations on Use, Disclaimers of
Warranties and Limitations of Liability, and Indemnification, shall remain in
effect after this Agreement has terminated by FinPortfolio or by member.
EQUIPMENT
Each member shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of this Web
site, and Forums, and members shall be responsible for all charges related
thereto.
PRIVACY
Personal data provided by each member to FinPortfolio will be used only in
connection with services provided on this Web site and will not be given to
others. While FinPortfolio will seek to require third-party content providers
and other parties to adhere to FinPortfolio's privacy policies, FinPortfolio
does not bear any responsibility for any actions or policies of such third
parties. Members should be aware that when they voluntarily disclose personal
information (e.g., username, email address) in the Forums, that information can
be collected and used by others and may result in unsolicited messages from
other posters or parties.
MISCELLANEOUS
This Agreement and any operating rules for this Web site and the Forums
established by FinPortfolio constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be governed by and construed in accordance with the laws of the
State of New York, without regard to its conflict of laws rules. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
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