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RUKEYSER.COM TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using the website located at www.rukeyser.com and the pages and services contained therein, including, but not limited to, chat rooms and bulletin boards (collectively, the "Service"), you agree to these terms and conditions ("Terms and Conditions"). If you do not agree to these Terms and Conditions, you should not use the Service. Rukeyser.com, LLC, a Delaware limited liability company (the "Company"), reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of the Service will serve as your confirm that you agree with any and all changes as they occur.
INVESTMENT ADVICE
The Service is an internet-based financial information service and is not intended to provide tax, legal or investment advice. Nothing on the Service constitutes a solicitation or recommendation by the Company or its affiliates or third parties of the purchase or sale of any securities or other investments. The Company and its affiliates do not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, the facts, views, opinions or recommendations contained on the Service. The user uses and applies the information provided on the Service at his or her own risk. Users should always consult other sources of information and assistance, including financial and tax advisors, before making investment decisions. Additionally, users should always keep in mind that past performance is no guarantee of future results, and consequently any projections or forecasts based on historical factors are speculative.
TRADEMARKS AND COPYRIGHTS
Rukeyser.com and the Rukeyser.com logo are trademarks of the Company. All other trademarks on the Service are the property of the respective trademark owners. Unauthorized use of these names and/or logos is prohibited by law. All designs, web pages and source code comprising the Service are copyrighted by the Company beginning in 2000. ALL RIGHTS RESERVED.
RESTRICTIONS ON USE
Materials used and displayed on the Service and on any other website owned, operated, licensed, or controlled by the Company, including but not limited to all text, software, photographs, graphics, illustrations, artwork, video, sound, names, logos and trademarks, including "Rukeyser.com" (the "Proprietary Materials"), are the property of Rukeyser.com, LLC or its affiliates or licensors. Proprietary Materials may not be copied, except by a user solely for his or her own personal and non-commercial use. Any other use of the Service and/or the Proprietary Materials, including any reproduction, modification, distribution, uploading, dissemination, retransmission, broadcasting or republication, reprinting or reposting without the prior written permission of the Company is strictly prohibited. If you wish to republish or repost any Proprietary Materials you must first obtain a license from the Company, which the Company may grant or deny in its sole discretion and which shall require a copyright notice evidencing the Company's ownership of the copyrighted material and an active link to the rukeyser.com home page in a form determined by the Company. The material in the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed non-exclusively to you by the Company and/or its licensors. The Company does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of the Company to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to:
Carol Byrne
Rukeyser.com, LLC
7600 Leesburg Pike
West Building Suite 300
Falls Church, VA 22043
Telephone: 703-905-4654
Facsimile: 703-905-8130
Email: cbyrne@rukeyser.com
Notices of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the Company to locate the material.
- The address, telephone number, or email address of the complaining party.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom the Company believes is violating any such rights of others.
SUBMISSIONS
You agree that you will not upload or transmit any remarks, suggestions, ideas, graphics, information, data, text, files, links, software, or other materials ("Content") that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting Content to the Company through the Service, you automatically warrant that you have the right to grant, and do hereby grant, to the Company 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 such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content. Under no circumstances will the Company be required to treat any Content as confidential (subject to the Service's Privacy Policy). The Company will be entitled to use the Content for any purpose whatsoever (consistent with the Service's Privacy Policy) without compensation to you or any other person submit the Content. The Company will not be liable to you or any other person for any ideas for the Company's business (including, without limitation, product ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in the future in the Service or in the Company's operations.
You acknowledge that you are responsible for whatever Content you submit, and you, not the Company, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. You agree to indemnify and hold harmless the Company, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any Content that you submit.
Although the Company may from time to time monitor or review discussions, chats, transmissions, neither the Company or the Service is under any obligation to do so. The Company shall have the right, but not the responsibility, to remove Content which is deemed, in the Company's sole discretion, harmful, offensive, or otherwise in violation of these Terms and Conditions or the Chat Rules the Company has in place at the time.
LINKS
The Service links to other websites that are not maintained by the Company and are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of, or content located on or through, any third party websites. The inclusion of a link to such website does not imply endorsement by the Company and/or the Service. Viewing of any website linked to the Service is at your own risk.
DISCLAIMER
NONE OF THE COMPANY, ITS AFFILIATES, OR LICENSORS IS RESPONSIBLE FOR THE CONTENT OR TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY OR ACCURACY OF ANY INFORMATION ON THE SERVICE INCLUDING, WITHOUT LIMITATION, RUKEYSER.COM CHAT AND RUKEYSER.COM BOARDS. THE MATERIAL IN THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICE AT ANY TIME. THE SERVICE AND INFORMATION CONTAINED IN THE SERVICE BY A THIRD PARTY IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ANY THIRD PARTY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY OR ANY THIRD PARTY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, TIMELINESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY AND ANY THIRD PARTY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISIONS, DAMAGES, LOSSES OR OTHER LIABILITIES RESULTING FROM YOUR USE OF THE SERVICE.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT 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 DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
LIMITATION OF LIABILITY
The Company or any third party will not be liable for any damages or injury caused by the Service or any Content on the Service, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus. The Company or any third party will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from your use of, or your inability to use, the Service and/or the materials contained in the Service even if there is negligence by the Company or any third party or if an authorized representative of the Company or any third party has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. The Company or any third party will not be liable for any damages or injury, including but not limited to, special or consequential damages that may result from linking to any third-party website.
TERMINATION
The Company may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all materials obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. The Company may prevent your access to the Service immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions.
JURISDICTION
The Company makes no representation that the materials provided on the Service are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Service from other locations, you are responsible for compliance with applicable local laws. Some Software from the service may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on (i) the U.S. treasury department's specially designated nationals list, or (ii) the U.S. Commerce Department's table of denial orders. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
MISCELLANEOUS
These Terms and Conditions and Chat Rules are for the benefit of the Company, its licensees, successors and assigns. These Terms and Conditions and Chat Rules will be governed and interpreted pursuant to the laws of the County and State of New York, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the personal jurisdiction and venue of such courts. If any part of these Terms and Conditions and/or Chat Rules is unlawful, void, or unenforceable, that part will be modified to the extent possible to make it enforceable, or at the Company's election, such part will be deemed severable and, in either event, such modification or severance will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Service for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and Chat Rules contain the entire agreement between the parties relating to the use of the Service.
OTHER NOTICES
Briefing.com Briefing.com is the leading Internet provider of live market analysis for U.S. Stock, U.S. Bond and world FX market participants.
Dow Jones Global Indexes The Dow Jones Global IndexesSM are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of The Dow Jones Global IndexesSM © 2000 Dow Jones & Company, Inc.
Dow Jones Indexes The Dow Jones IndexesSM are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of The Dow Jones IndexesSM © 2000 Dow Jones & Company, Inc.
ILX Systems, Inc., a division of Thomson Information Services Inc. Copyright © 2000 ILX Systems. All rights reserved. Stock quote information is provided by ILX Systems.
Reuters Reuters content is the intellectual property of Reuters Limited. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters, the Reuters Dotted Logo and the Sphere Logo are registered trademarks of the Reuters group of companies around the world. For additional information on other Reuters Services please visit the Reuters public web site: http://www.reuters.com.
Thomson Copyright 2000, Thomson Financial Interactive, All Rights Reserved.
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