Stock-Picks.US Terms
of Use and End User License and Service Agreement (" Agreement")
Effective April 2009
For Stock-Picks.US’s terms
of use please review the following agreement, the Stock-Picks.US Privacy
Policy, and any other terms of use document available on or through
www.Stock-Picks.US ("Stock-Picks.US Web Site"). This agreement covers
all employees, founders, owners, succesors and assigns of Stock-Picks.US
The Software and the Services and Information
provided on or through the Stock-Picks.US Web Site are being licensed to you by
Stock-Picks.US LLC (herein Stock-Picks.US) in A TIME LIMITED VERSION ONLY and
are provided to you on an "AS IS" basis, for your private personal
use only. You may use the Software and the Services and Information provided on
or through the Stock-Picks.US Web Site solely in accordance with the terms and
conditions hereof. It is specifically agreed that any use of the Software and
the Services and Information in any manner or for any other purpose except as
permitted hereunder, shall constitute a material breach of this Agreement and
shall entitle Stock-Picks.US to immediately terminate the Agreement. You will
not receive or acquire any right, title, ownership or interest in the Software,
the Services and Information, any applicable patents, copyrights or trade
secrets, and you acknowledge the sole ownership of Stock-Picks.US and or its
third party content providers of the Software, the Services and Information,
and all rights, title and interest therein or relating thereto. You may not, in
any way, sublicense the Software and/or the Services and Information. You
acknowledge and are aware that (i) the Services and Information, are in NO WAY
advisory or a recommendation of any kind; (ii) that the use of the Services and
Information as a basis for securities trading decisions of any kind involves a
high degree of risk; (iii) there are no assurances whatsoever as to the future
performance of Services and Information or that any profits from the use
thereof will be gained; and (iv) you might suffer high losses as a result of
the use of the Services and Information as a basis for securities trading
decisions; (v) that the Services and Information are not error free and may be
inaccurate.
This Agreement and the Stock-Picks.US Privacy
Policy (together the "Stock-Picks.US Terms of Use") are available on
or through the Stock-Picks.US Web site and shall apply to any use of any
version of the Software and the Services and Information. It is clarified that
the applicable Stock-Picks.US Terms of Use documents shall also apply to any
use of any application, plug-in, software or program created or made available
by Stock-Picks.US (the "Stock-Picks.US Applications"). In case of
contradiction between a provision of the Terms of Use document dedicated solely
to such Stock-Picks.US Applications and any provision in this Agreement or in
any of the Stock-Picks.US Terms of Use documents available on or through
Stock-Picks.US Web Site, the provision of the specific Term of Use document
shall prevail, unless the provision in this Agreement or in any of the
Stock-Picks.US Terms of Use documents reflects narrower responsibility on
behalf of Stock-Picks.US than the appropriate provision in the specific Term of
Use document. Any reference made in this Agreement to Stock-Picks.US shall be
deemed to have been made to Stock-Picks.US, its subsidiaries, successors,
assignees, affiliates as well as any company that controls or holds any rights
in Stock-Picks.US, directly or indirectly, and any other subsidiary of that
controlling company.
By installing the Software you agree to enable
Stock-Picks.US to access the unused computing power on your computer or
computers for aggregation and use in distributed computing of any kind and
method as Stock-Picks.US decide, at its sole discretion. You acknowledge and
are aware that (i) once the Software is installed, it will download data from
the Stock-Picks.US network, systems, servers or computers, to the computer on
which you installed the Software for processing; and (ii) the software will
send results of its processing to the StockPickList network, systems servers or
computers;
You agree not to (i) extract information from
the Software or the Services and Information, reverse engineer, decompile,
disassemble, alter, duplicate, make copies, create derivative works from,
distribute or provide others with the Software and the Services and
Information, the communications protocol or any information available on,
derived or extracted from the Services and Information, or any part thereof; or
(ii) connect, use, attempt to connect or use in any way the Software or the
Services and Information, for any commercial purpose and any other purpose that
is not for your private personal use in good faith and as explicitly offered on
the Stock-Picks.US Web site.
You agree that Stock-Picks.US is permitted to
limit, deny, create different priorities to different users, update or cancel
some or all of the functionality of the Software and the Services and
Information at any time, without prior notice. As part of the Services and
Information, Stock-Picks.US may, but not obligated, in its sole discretion,
enable you, for charge or free of charge, full or limited access to
StockPickList's network, system, Stock-Picks.US Web Site, Stock-Picks.US's servers,
Stock-Picks.US Applications, information and databases, including, graphs,
illustrations, demonstrations, publications, representations, calculations or
statistics, commercial activities related thereto or any part thereof
(collectively the "Services and Information"). Stock-Picks.US makes
no warranties or guarantees as to the availability, reliability or accuracy of
the Services and Information to you or to any other user. The Software, the
Services and Information functionality or any part thereof including without
limitation, the access to the Services and Information granted to you or to any
other user and/or the availability and functionality of any feature and
function, including without limitation Stock-Picks.US Applications developed by
Stock-Picks.US or by third parties, may be changed, updated, limited or
terminated at any time, temporarily or permanently, without prior notice, for
any reason or no reason by Stock-Picks.US in its sole discretion ("Changes
of Functionality"). Stock-Picks.US may elect to, but is not obligated to,
introduce or grant different grades of service and listings policies, different
levels of access or no access at all and different priorities to different
users or to different functions, or to users of different versions of the
Software and the Services and Information, or introduce new features in this or
in future versions of the Software and the Services and Information that may
cause functionality change, limitation or termination of the functionality of
features in earlier versions still in use, including functionality changes in
privacy and security features ("Grant of Different Services"), at any
time without prior notice, at its sole discretion. You agree to bear the risks
of and hold Stock-Picks.US harmless for any and all effects that the Changes of
Functionality and Grant of Different Services may have on your ability to use
the Software and the Services and Information, in whole or in part.
Stock-Picks.US may elect in its sole discretion to condition the continuation
of access to the Services and Information, on your accepting software
improvements, corrections, adaptations, conversions to more recent Software
versions or any other changes to the Software, the Services and Information or
to a revised or new Stock-Picks.US Terms of Use.
Unless produced by Stock-Picks.US, the information
you access or receive by using the chat within Stock-Picks.US Services and
Information, or information sent to you by other users, is provided, by the
users, and entered or posted by them, and is not reviewed, controlled,
examined, verified or endorsed by Stock-Picks.US in any way. By using the
Services and Information you agree to (i) Determine whether the information
complies with your needs; (ii) Ensure that you have adequate legal rights to
make use of any information in the manner used by you; and (iii) Comply with
any legal obligations, including but not limited to, obligations imposed by
copyright, trade secrets, defamation, decency, privacy, security and export
laws and any other applicable laws.
All of the information on the Services and
Information is for educational and entertainment purposes only. Stock-Picks.US
is neither an investment advisory service nor an investment advisor.
Stock-Picks.US does not advise nor suggest to you or to any other person, how
to manage your or their securities portfolio. Stock-Picks.US does not advise
nor suggest what securities you should buy or sell, when you should buy or
sell, or why you should buy or sell. Trading and investing involves a very high
degree of risk. Past results are not indicative of future results or returns.
While the information is believed to be accurate and the historical statistics
and back-tests are bona fida offered, none of the information provided by the
Services and Information should be considered reliable for use in making actual
investment decisions. None of the information provided by the Services and
Information is guaranteed to be accurate, complete, useful or timely, or
consistent with any economic or investment methodology. Stock-Picks.US and its
third-party providers do not warrant or guarantee any accuracy, completeness,
usefulness or timelines. Stock-Picks.US does not sponsor or promote any of the
securities or financial instruments or indices listed on the Stock-Picks.US
Website or on the Services and Information. It is entirely possible that any
member of the Stock-Picks.US staff, including its directors, managers,
employees, agents or any affiliated party may at any time at its sole
direction, buy, sell, or hold any of the securities listed on the
Stock-Picks.US Website or the Services and Information.
You assume all risk associated with investment
decisions you made on the basis of Services and Information. Prior to the
execution of a stock trade or any other financial instrument trade, you are
advised to consult with your broker or other financial advisor to verify
pricing and other information. Stock-Picks.US and its Partners shall have no
liability for investment decisions based upon the Services and Information.
Stock-Picks.US is not responsible for any forms
of interpersonal communications available on or through the Services and
Information, users' personal data, user posted Web site material, users'
postings, submitted on or through the Services and Information or residing on
Stock-Picks.US's servers. Stock-Picks.US may erase, remove, delete, delay, jam
or alter such information without prior notice, for functional or any other
reason.
Stock-Picks.US does not want to receive any
confidential, secret or proprietary information and material from you through
the Stock-Picks.US Web site, Stock-Picks.US's mail and e-mail addresses, the
Services and Information or in any other way, including but not limited to
corporate confidential information, deals, forecasts, estimations, and any
other information that does not already legitimately exist in the public
domain. Any information or material (" Material") submitted, posted
or sent to Stock-Picks.US, will be deemed not to be confidential or secret.
Stock-Picks.US makes no and hereby specifically
disclaims all warranties, express or implied, including, without limitation,
those of merchantability, non infringement and fitness for a particular
purpose, with respect to the Software, the Services and Information or any part
thereof, unless such warranties are legally incapable of exclusion.
Stock-Picks.US does not warrant, guarantee or make any representations
regarding the use or the results of the use of the Software, the Services and
Information or the Stock-Picks.US Web Site in terms of the accuracy,
reliability, quality, validity, stability, suitability, completeness,
correctness, or otherwise of their contents or products, unless such warranties
are legally incapable of exclusion. The entire risk as to the results and
performance of the Software, the Services and information or any part thereof,
is assumed by you.
Stock-Picks.US does not warrant or guarantee
that (i) the Software, the Services and Information or any part thereof will be
uninterrupted or error-free or that defects in the Software and the Services
and Information will be corrected. Stock-Picks.US does not warrant or guarantee
that all Software and Services and Information versions shall be provided with
similar grades and level of service, features, functionality and the ability to
use, the Software or the Services and Information; (ii) that the Software or
the Services and Information will be free of infection by viruses, worms,
Trojan horses or anything else manifesting contaminating or destructive
properties; and (iii) that the information available on or through the Services
and Information will not contain material which some individuals may deem
objectionable.
You acknowledge and are aware of security and
privacy limitations including but not restricted to (i) the limitation of
security, privacy and authentication measures and features in the Services and
Information; (ii) that data and information on the Services and Information may
be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "impostoring",
tampering, breaking passwords, harassment, fraud, electronic trespassing,
hacking, nuking, system contamination including without limitation, viruses,
worms, Trojan horses, causing unauthorized, damaging or harmful access and/or
retrieval of information and data on your computer or other security or privacy
hazards or may not reach its destination or reach an erroneous address or
recipient; and (iii) that the security and privacy features available on the
Services and Information, are provided to you as a convenience only and may not
operate according to their description or may not operate at all;
Stock-Picks.US does not and shall not be
responsible for any special, incidental, indirect or consequential damages. In
no event will Stock-Picks.US's liability with respect to this Agreement exceed
the amount you paid, if you paid, to Stock-Picks.US for the charge of one-month
fee for using the Services and Information. In no event shall Stock-Picks.US be
liable to anyone for any delays, inaccuracies, errors or omissions with respect
to the Services and Information or the transmission or delivery of all or any
part thereof, for any damage arising thereof or occasioned thereby, or for the
results obtained from the use of the Services and Information. Stock-Picks.US
will not be responsible if the Software and/or the Services and Information
infects or contaminates a user's system or information. The entire risk as to
the quality and performance of the Software and the Services and Information
and the accuracy, adequacy, completeness, correctness, validity and quality
thereof or of any other information is with the user.
In no event will Stock-Picks.US be liable to any
party (i) for any indirect, special, punitive, incidental or consequential
damages, including, but not limited to, damages for loss of personal or
business profits, personal or business interruption, loss of programs or
information, and the like, or any other damages arising in any way out of the
availability, use, reliance on, or inability to use the Software and/or the
Services and Information, even if Stock-Picks.US shall have been advised of the
possibility of such damages, and regardless of the form of action, whether in
contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions,
or other inaccuracies in, or destructive properties of any information
All Services and Information are protected by
copyright, and owned or controlled by Stock-Picks.US, or its Partners. You must
access the Services and Information manually by request and not
programmatically by macro or other automated means. You may not use the
contents for any unlawful purpose.
Any Distribution of the Services and Information
for commercial purposes is strictly prohibited.
You agree that this Agreement is not intended to
confer and does not confer any rights or remedies upon any person other than
the parties to this Agreement. You also understand and agree that the Terms of
Use, including Stock-Picks.US's enforcement of those policies, are not intended
to confer, and do not confer, any rights or remedies upon any person other than
Stock-Picks.US
If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Stock-Picks.US may transfer, assign sublicense
or pledge in any manner whatsoever, any of its rights and obligations under
this Agreement to a subsidiary, affiliate successor thereof or to any third
party whatsoever, without notifying you or receiving your consent. You shall
not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever,
any of your rights or obligations under this agreement.
Stock-Picks.US may change, from time to time,
the Stock-Picks.US Terms of Use with or without a release of a new version of
the Software and/or the Services and Information. By continuing to use the
Software and/or the Services and Information, for a period of 7 days after a
notice of such change has been provided on the Stock-Picks.US network or
Stock-Picks.US Web site for the first time, you signify your consent to the new
or revised set of the Stock-Picks.US Terms of Use. Subject to the foregoing,
you further agree to be bound by the provisions of the Agreement available on
the Stock-Picks.US Web site if such Agreement is marked with a more recent date
than that on the Agreement that accompanies the Software and/or the Services
and Information.
Stock-Picks.US may charge fees for the Services
and Information or any part thereof. You agree to pay all fees, including
applicable taxes, incurred through your account at the rates in effect for the
billing period in which such fees and charges are incurred. Stock-Picks.US
reserves the right to change the amount of, or basis for determining, any fees,
and to institute new fees, effective upon prior notice to you. All sales are
final. We have a NO REFUND POLICY unless explicitly said in the Stock-Picks.US
Web Site or the Services and Information. Once you submit your order, it is
non-refundable. Only in cases of fraud will the payment be refunded.
You should not: (i) harass, threaten, abuse,
defame, embarrass or cause distress or discomfort upon another user of the
Software and/or the Services and Information; (ii) transmit via the Software
and/or the Services and Information data, text, links, chat, content,
communication or other materials and terms of expression that are offensive,
racial, discriminating, unlawful, misleading, information or instructions
concerning illegal activities, harmful, threatening, abusive, harassing,
defamatory, obscene, or otherwise objectionable; (ii) transmit via the Software
and/or the Services and Information any Information that infringes any patent,
trademark, trade secret, copyright or other proprietary right; (iv) disrupt the
normal use of the Software and/or the Services and Information or otherwise act
in a manner that negatively affects other users of the Software and/or the
Services and Information; (v) post or transmit any unsolicited advertising,
promotional materials, or any other forms of solicitation; (vi) intentionally
or unintentionally violate any applicable local, state, national or international
law; (vii) translate, decompile, reverse engineer, disassemble, modify, copy,
alter, merge into other software, reproduce, rent, lease, lend, distribute,
remarket or otherwise dispose of the Software and/or the Services and
Information or any part thereof; (viii) Impersonate any person, leader,
Stock-Picks.US official, operator or host. Even if you have paid for the
Services and Information or any part thereof, Stock-Picks.US reserves the right
to terminate ALL of your accounts if, in its sole discretion, it determines
that through ANY of your accounts or nicknames, whether paid or free, you have
engaged in any prohibited or unacceptable conduct - fees WILL NOT be refunded.
The laws of the State of Michigan, excluding its
conflicts-of-law rules, shall govern this agreement. Please note that your use
of the Software and/or the Services and Information may be subject to other
local, state, national, and international laws. You expressly agree that
exclusive jurisdiction for any claim or dispute with Stock-Picks.US or relating
in any way to your use of the Software and/or the Services and Information
resides in the courts of Antigua and you further agree and expressly consent to
the exercise of personal jurisdiction in the courts of Antigua in connection
with any such dispute including any claim involving Stock-Picks.US or its
owner, principal, affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and/or content providers. The above
assurance and commitment as well as all warranties, representations, indemnity
clauses and restrictions contained in this agreement and in the Stock-Picks.US
Terms of Use, shall survive termination of this agreement.
You agree to abide by applicable export control
laws and not to export, re-export or otherwise transfer, by electronic
transmission or otherwise, any content or software subject to restrictions
under such laws to a national destination prohibited under such laws or to any
person to whom exports, re-exports or transfers are prohibited under such laws,
without first obtaining, and then complying with, any requisite government
authorization. You further agree not to upload to Stock-Picks.US Web Site
and/or Services and Information any data or software that cannot be exported
without prior written government authorization, including, but not limited to,
certain types of encryption software.
The Software and the Services and Information
are Copyright © by Stock-Picks.US. All rights reserved.
Stock PickList.com TM and Stock-Picks.US SYSTEM
TM are trademarks of StockPickList, LLC.
You may install the Software on a computer
system only if you own the computer system, have the right to install the
Software or you have the authorization thereto. In case you are not the owner of
the computer system on which you installed the Software nor you have right to
install the Software nor you have the authorization thereto you should
un-install the Software Immediately.
IMPORTANT INFORMATION: No offer or solicitation
to buy or sell securities, securities derivative or futures products of any
kind, or any type of trading or investment advice, recommendation or strategy,
is made, given or in any manner endorsed by Stock-Picks.US or any of its
affiliates. Past performance, whether actual or indicated by historical tests
of strategies, is no guarantee of future performance or success; Active trading
is generally not appropriate for someone of limited resources, limited
investment or trading experience, or low-risk tolerance; there is a risk of
loss in security trading that is not suitable for all investors.
No representation is being made that any account
will or is likely to achieve profits or losses similar to those shown or
discussed on this web site. The past performance of any trading system or
methodology is not necessarily indicative of future results. Hypothetical or
simulated performance results have certain limitations. Unlike an actual
performance record, simulated results do not represent actual trading. Also,
since the trades have not been executed, the results may have under-or-over
compensated for the impact, if any, of certain market factors, such as lack of
liquidity. Simulated trading programs in general are also subject to the fact
that they are designed with the benefit of hindsight.
BY ENTERING AND/OR USING THE Stock-Picks.US
WEBSITE AND/OR SERVICES AND INFORMATION, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTOOD IT, AND THAT YOU AGREE TO BE BOUND BY IT. IF YOU DO
NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, Stock-Picks.US IS NOT WILLING
TO PROVIDE YOU THE SOFTWARE AND/OR THE SERVICES AND INFORMATION, YOU ARE NOT
ALLOWED TO USE THE SOFTWARE AND/OR THE SERVICES AND INFORMATION AND YOU SHOULD
LEAVE THE Stock-Picks.US WEBSITE AND/OR SERVICES AND INFORMATION IMMEDIATELY.