Linking to External Websites
Limitation of Liability
TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING THE WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEB SITE.
As used herein, the terms “we” “us” and “our” refers to this web site as well as its owners, affiliates, employees, agents and subsidiaries. As used herein, the terms “you”, “your” and “yours” refers to you, the individual using the Site.
By using the web site (the “Site”) you signify your assent to the following terms of service (“Terms of Service”). If you do not agree and accept all of the Terms of Service please do not use the site. Please note that these Terms of Service are subject to change and that we may modify them from time to time without notice to you. Please bookmark and periodically review this page to ensure continuing familiarity with the most current version of these Terms of Service.
THE SITE IS NOT TO BE USED BY MINORS. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS SITE AND DO NOT SUBMIT ANY INFORMATION TO US.
The Site presents information as a service to Site users and members. While some of the information on the Site relates to financial, investment, legal, accounting and various other issues, none of the content on the Site shall be construed as legal, investment, accounting or any other type of advice or recommendations or endorsements of any investment. All information posted on the Site is purely for entertainment and informational value and should not be relied upon for any purpose.
1. Acceptance of Terms. Access to the Site is being provided to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing and using the Site, you accept and agree to be bound by the Terms of Service. When using particular services or features of the Site additional rules and regulations may be posted, which, by continued use of the Site, you agree to follow. All such rules and regulations are hereby incorporated by reference into the Terms of Service.
2. Services. The Site provides, without limitation, various communication tools, forums and message boards, including new features or additions which may be added from time to time (the “Services”). You understand and agree that the Services are provided "AS-IS," and that the Site assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, including all third-party fees for such access (such as Internet service provider or airtime charges) and all equipment necessary to access the Services. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. Your Obligations. In consideration of your use of the Services, you represent that you are eighteen (18) years of age or older, have the capacity to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the Site and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or out-of-date, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We are concerned about the safety and privacy of all users, particularly children. For this reason, you must be at least 18 years old to use this Site.
4. Password and Security. If you register for a user or member account you will create or receive a password and username upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.
5. Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials related to the Site ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. We do not control the Content posted via the Services and, as such, are not responsible for and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, errors or omissions in any Content or 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 Services.
You agree to not use the Services to do any of the following:
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;
harm minors in any way;
impersonate any person or entity, including, but
not limited to, a Site official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the Service;
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);
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;
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;
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
disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Services are able to type,
or otherwise act in a manner that negatively affects other users' ability to
engage in exchanges;
5.10. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
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;
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;
"stalk" or otherwise harass another;
You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, we and our designees shall have the right to remove any Content that we, in our sole discretion, believe violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, 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 on any part of the Site, regardless of who it was created by.
You acknowledge, consent and agree that we 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: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, or the rights, property or personal safety of other Site users and the public.
6. No Unlawful Use. You agree to and warrant that you will not use the Site or Services for any purpose that is unlawful.
7. Interstate Communications. When using the Site, you acknowledge that in using the Services, you will be causing communications to be sent through computer networks, portions of which may be located in various locations in the United States and abroad. As a result of this and the nature of electronic communications, your use of the Services may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the Terms of Service, you acknowledge that use of the Service results in interstate data transmissions.
8. Compliance. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer data via the Services to parties identified on such lists; (b) agree not to use the Services in violation of U.S. export laws; and (c) agree not to transfer, upload, or post via the Services any data in violation of U.S. or other applicable export or import laws.
9. Content Submitted. We do not claim ownership of any Content submitted by you or made available by your for inclusion with the Services. Similarly, we do not claim ownership of any Content submitted or made available by any other users. Notwithstanding the foregoing, with respect to Content you submit or make available for inclusion on the Services, you grant us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, assignable, and fully sublicensable license(s) to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, publish, translate (in whole or in part) and to incorporate such Content into other works in any format now known or later developed, without limitation.
By submitting Content to us, in any form, you acknowledge and agree that: (a) the Content does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Content; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Content for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Content already under consideration or in development; (e) your Content automatically become our property without any obligation on our part to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us, under any circumstances.
10. Indemnification. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, owners, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, Content provided by you, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another.
11. No Reuse. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
12. Modification/Discontinuation/Termination. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that message board postings or other Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that we reserve the right to modify these general practices and limits from time to time without notice to you.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You may terminate your relationship with us at any time by submitting a request in writing to us. We may, without prior notice, for any reason immediately terminate, limit your access to or suspend your access to the Site and/or Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of the Site and/or access to the Services.
There are no refunds, of any kind, related to the Site and/or Services.
13. Links. We may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are 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 we 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.
14. Intellectual Property. You should be aware that information presented to you on the Site or as part of the Services may be protected by intellectual property rights which are owned by third parties. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such information (either in whole or in part) unless you have been specifically told that you may do so by the owners of that information, in a separate written agreement.
15. Proprietary rights. You acknowledge and agree that we own all legal right, title and interest in and to the Site and Services, including any intellectual property rights which subsist in the Site and/or Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in a separate writing signed by us, nothing in these Terms of Service gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other intellectual property. You agree to not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site and/or Services. You agree that in using the Site and/or Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
16. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT:
16.1. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16.2. WE AND OUR OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED.
16.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
16.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
17. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF US OR ANY THIRD PARTY ON THE SITE OR SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
18. Additional Disclaimers.
The Site and Services is provided for informational purposes only, and no Content included in or on the Site and/or Services is intended as financial or legal advice or advice regarding the value or advisability of a particular investment, and not for trading or investing purposes. We are not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site and/or Services, and shall not be responsible or liable for any decisions made based on such information.
should not make any assumptions that use of the Site or Services will in any
way guarantee you profits or keep you from losing any money. Any speculations
made on the Site or Services are mere speculations and personal thoughts of users
and us and you should understand that we are not liable for any decisions made
by your based on any information made available on the Site or Services. All information
on the Site and in the Services is merely for educational, entertainment, and
informative purposes only and IS NOT investment, legal or financial advice. We
are not registered brokers, dealers, investment advisors or representatives or
agents thereof, and do not suggest or make any claim that you should buy or
sell any security, stock, investment or anything else discussed on the Site or
in the Services.
You should always contact legally certified professionals and qualified advisors before making any type of investment. Do not rely on the information contained on the Site or in the Services.
The materials appearing on the Site or in the Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials are accurate, complete, or current. We may make changes to the materials contained on the Site or in the Service at any time without notice. We do not, however, make any commitment to update the materials.
We make no warranties or representations that the content, functionality, and operation of the Site or Services complies with the laws of any particular country or locality.
19.1. Entire agreement. These Terms of Service are the entire agreement between you and us with respect to the Site and Services contemplated herein and supersedes all previous written or oral negotiations, commitments and writings. No promises, agreements, representations or warranties with respect to said transaction have been made by any of the parties except as set forth herein.
19.2. Amendment. No change or modification of any of the provisions of the Terms of Service shall be valid unless in writing and acknowledged in writing by us.
19.3. Governing law. The Terms of Service and all aspects of the relationship between you and us shall be governed by, and construed and enforced in accordance with, the laws of the State of Wisconsin, USA, without regard to Wisconsin’s conflict of law provisions.
19.4. Forum. Any and all claims, causes or action or disputes arising out of or relating to the Terms of Service, the Site, the Services and/or the relationship between you and us shall be brought exclusively in the Outagamie County Circuit Court, Appleton, Wisconsin or the United States District Court for the Eastern District of Wisconsin – Green Bay Division. You and us agree to submit to the jurisdiction of said courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts including, without limitation, waiving any objection based on the doctrine of form non conveniens.
19.5. Binding effect. The Terms of Service shall bind and benefit the parties and their respective personal and legal representatives, heirs, successors and permitted assigns.
19.6. Paragraph headings. Paragraph headings have been inserted in the Terms of Service for convenience. If paragraph headings conflict with the text in the construction of the Terms of Service, the text shall control.
19.7. Severability. Each provision of the Terms of Service shall be considered severable, and if for any reason any provision or provisions of the Terms of Service are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of the Terms of Service that are valid, or the application of such provisions in situations in which they are not invalid.
19.8. Interpretation. Unless the context requires otherwise, all words used in the Terms of Service in the singular number shall extend to and include the plural, all words in the plural number shall extend to and include the singular, and all words in any gender shall extend to and include all genders.
19.9. Waiver. The failure by us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
19.10. Attorney’s Fees And Costs. Reasonable attorney’s fees incurred to enforce the provisions of the Terms of Service shall be awarded to us in addition to costs and necessary disbursements.
19.11. No Right of Survivorship and Non-Transferability. You agree that any account you may have with us is non-transferable and any rights to said account terminate upon your death.
19.12. 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 Site and/or Services or the Terms of Service must be filed within six (6) months after such claim or cause of action arose or be forever barred.