| © 2008 Innovations Publishing, LLC. All
rights reserved.
This web site (the "Site"), is operated by Innovations
Publishing, LLC ("Innovations"). By accessing or using the Site, you hereby
accept and agree to comply with the terms and conditions set forth in this
User Agreement. This User Agreement is a binding agreement between you and
Innovations, and governs your access and use of the Site, which includes
any information, data, tools, products, services and other content (together,
"Content") available on or through the Site. You may contact Innovations
by e-mail info@innovationspublishing.com with questions about the terms
and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING
THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE
OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT,
DO NOT USE THE SITE.
1. Innovations grants you a limited right to use the
Site.
Your right to use the Site is subject to your agreement
to abide by this User Agreement in its entirety, as well as any other rules,
procedures, policies, terms or conditions that govern all or any portion
of the Site. At any time and for any reason, Innovations may revoke your
right to use all or any portion of the Site. You may not violate or attempt
to violate the security of the Site. The Site is protected by one or more
copyrights, patents, database rights, trademarks, service marks and/or other
intellectual property rights.
2. The Site and its Content are owned by Innovations,
its affiliates and/or third parties.
Innovations, Innovations Publishing, LLC, Innovations
Publishing and other names and indicia of Innovations and its products and/or
services are exclusive trademarks and service marks or registered trademarks
of Innovations Publishing, LLC. Other product and company names appearing
on the Site may be trademarks of their respective owners. You may not decompose,
decompile, reverse engineer, disassemble or otherwise deconstruct all or
any portion of the Site. You may not publish, broadcast, retransmit, reproduce,
repackage, frame, commercially exploit, create any derivative of or otherwise
redistribute all or any portion of the Site, except as explicitly permitted
in this User Agreement, without the prior written consent of Innovations.
You may print copies of any accessible portion of the Site only for your
own internal use. You may not remove any copyright, trademark or other proprietary
notice or legend contained on (or printed from) the Site.
Any information or posting you provide or make to
the Site shall deemed nonconfidential, and we shall have the irrevocable,
royalty free right to post, publish, and display all or any part of such
information, individually or in conjunction with any other matter, on or
in any tangible or intangible media, and/or in any and all visual, aural,
or other media now existing or hereafter developed, and for any other legitimate
purpose; and to use or not to use (including publication), whether singly
or in compilations, or to alter, modify, condense, expand, rewrite, or reconfigure
all or any portion of such information. By providing such information or
making such posting, you agree to indemnify and hold harmless Innovations,
its officers, directors, employees, shareholders and agents, from any and
all claims, damages, expenses, liabilities, including without limitation,
incidental, consequential, special, general, statutory or punitive damages
arising from such information or posting. Innovations reserves the right
to remove any posting for any reason.
3. You make certain representations and warranties
regarding your use of the Site.
You represent and warrant that:
- You have full authority and all rights necessary to enter into and
fully perform all of your obligations pursuant to this User Agreement
and any other agreement that you enter into via the Site;
- You have not and you will not enter into any agreement or perform
any act which might contravene the purposes and/or effects of this User
Agreement;
- In connection with your use of the Site, you will not employ any virus
or other computer programming routine or engine that is intended to damage,
detrimentally interfere with, intercept or expropriate any system, data
or information; and
- All information that you provide in connection with your use of the
Site is true and complete.
4. You assume various risks in using the Site.
We make no guarantees, promises or assurances regarding
the Site and you should use the Site and any information contained therein
at your own risk.
We do not assure you that the Site will lead to profitable investments,
and you may lose money if you make investments based on the Site.
There are many market, currency, economic, political, business, technological
and other risks that are beyond our control.
We make reasonable efforts to provide accurate Content on the Site. However,
some Content and some of the assumptions, formulas, algorithms and other
data that impact the Content may be inaccurate, outdated or otherwise inappropriate.
Dated Content speaks only as of the date indicated.
Some Content and some of the data used in the Content come from third parties.
We believe that these third parties are reliable but we are not responsible
for any third party information.
We are not responsible for the documents or information posted to our site
by our users, and we make no representations or guarantees regarding the
truthfulness, accuracy, completeness, timeliness or reliability of any document
posted by users, or any other form of communication engaged in by users.
Posting may contain inaccuracies or typographical errors.
Nothing on our Site shall be considered an endorsement, representation or
warranty with respect to any user or third party, whether in regards to
its web site, products, services, hiring, employment or recruiting practices,
investment opportunities, or otherwise.
We may change any portion of the Site at any time without notice to you.
We are not liable for any damage or loss to you resulting from these or
any other risks.
5. You have various responsibilities when using the
Site.
You alone are responsible for your use of the Site.
You must make your own independent investment decisions.
You should report any inappropriate posting on the Site to us immediately.
We are not involved in any dealings between you and any third party. You
release Innovations and its affiliates, agents and employees and you agree
to hold them harmless from any claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature that may arise out of or in
any way are connected with a dispute between you and any third party.
YOU AGREE THAT ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE
ON THE SITE IS SOLELY AT YOUR OWN RISK, AND THAT WE ARE NOT LIABLE FOR ANY
CONSEQUENCES THEREOF.
6. Innovations has specific rules regarding your use
of any online communication tools and forums we provide.
Innovations may provide you with access to a wide array
of on-line resources, including, various communications tools and online
forums. Your use of such communications tools is subject to the terms and
conditions of this Agreement, and specifically the terms and conditions
of this Section 6.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials, whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such content originated. This means that the individual, and
not Innovations, is entirely responsible for all content that they upload,
post, email or otherwise transmit via the Site. Innovations does not control
the content posted via the Site and, as such, does not guarantee the accuracy,
integrity or quality of such content. You understand that by using the Site,
you may be exposed to content that is offensive, indecent or objectionable.
Under no circumstances will Innovations 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 or otherwise transmitted via the Site.
In addition, you agree not to use the online forums to:
- upload, post, email or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- upload, post, email or otherwise transmit any content that is harmful
to minors in any way;
- impersonate any person or entity, including, but not limited to, an
Innovations official, forum leader, guide or host, or falsely state or
otherwise misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the Site;
- upload, post, email or otherwise transmit any content that You does
not have a right to transmit 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 or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, email or otherwise transmit 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;
- interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies or regulations
of networks connected to the Site;
- 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;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Innovations does not pre-screen
user posted content, but that Innovations and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or move
any content that is available via the Site. Without limiting the foregoing,
Innovations and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable. You agree that
individual users 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 they
may not rely on any content created by Innovations or submitted to Innovations.
You acknowledge and agree that Innovations may preserve
content and may also disclose content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce this Agreement;
(c) respond to claims that any content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Innovations,
its users and the public.
7. Innovations does not solicit customer orders of
securities, or give investment recommendations or accounting, tax or legal
advice.
All Content is for informational purposes only.
Nothing on the Site is an offer or a solicitation of an offer to buy or
sell securities.
Although the Site may include information regarding specific securities
and the investment process generally, you should not consider anything you
find on the Site to be an individualized recommendation to buy, sell, hold
or otherwise pursue or invest in any specific security, investment or investment
style.
We do not give any advice or make any representations through the Site as
to whether any security or investment is suitable to you or will be profitable.
Nothing on the Site is intended to be, and you should not consider anything
on the Site to be, accounting, tax, legal, or other professional advice.
If you would like investment, accounting, tax or legal advice, you should
consult with your own financial advisors, accountants or attorneys regarding
your individual circumstances and needs.
The past performance of any investment, investment strategy or investment
style is not indicative of future performance.
8. We may have conflicts of interest with respect
to any companies mentioned on the Site.
Innovations, its affiliates and/or their officers and
employees may acquire, hold or sell a position in securities offered by
companies mentioned on the Site, or have a relationship with any companies
mentioned on the Site.
9. If Innovations provides you with a password, you
must keep your password confidential.
We may provide you with a password to access certain
areas of the Site.
You are solely responsible for maintaining the confidentiality and security
of your password. You may not disclose your password to any third party.
You accept full responsibility for any use of your password.
You must notify us immediately of any actual or suspected loss, theft or
unauthorized use of your password.
Because user authentication on the Internet is difficult, we are not obligated
to inquire as to the authority or propriety of any use of or action taken
under your password. Because we do not and cannot be involved with user-to-user
dealings or control the behavior of user(s) of our site, in the event that
you have dispute with one or more users, you release Innovations, its officers,
directors, employees, shareholders, and agents from claims, damages, expenses,
liabilities, including without limitation, incidental, consequential, special,
general, statutory or punitive damages of every kind and nature, known and
unknown, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
10. Innovations is not liable for any technological
problems and any impact that they may have.
All or any portion of the Site may not be available and
may not function properly at any time.
We make reasonable efforts to avoid technological problems, but at any time
the Site may have and may cause problems such as viruses and other damaging
computer programming routines or engines.
We take reasonable security precautions when using the Internet, telephone
or other means to transport data or other communications, but we disclaim
liability for any interception of data or communications.
We are not liable for any damage or injury caused by the performance or
failure of performance of all or any portion of the Site.
We are not liable for any defects, delays or errors in or resulting from
your use of the Site.
11. Innovations is not responsible for any aspect
or use of any third party web site.
If you access any third party web site through the Site
or otherwise, you do so at your own risk.
When you access another web site through ours, you understand that it is
independent from Innovations and that Innovations has no control over the
content on that web site.
Hyperlinks to or from the Site do not constitute third party endorsement,
sponsorship or affiliation of, with or by Innovations.
Innovations is not responsible or liable for any aspect of any products,
services or content appearing on or available through any third party web
site.
12. Innovations has the right to monitor and record
activity on the Site and respond as it deems appropriate.
We may monitor and record activity on the Site for any
reason.
We may investigate any complaint or reported violation of our policies.
We may report any activity that we suspect may violate any law or regulation
to regulators, law enforcement officials or other persons or entities that
we deem appropriate.
We may issue warnings, suspend or terminate use of the Site, deny access
to all or part of the Site or take any other action that we deem appropriate.
13. Innovations respects your privacy.
Personal nonpublic information that we gather from you
will be governed by our
Privacy Policy. In addition to reviewing these terms
and conditions of use, please review our Privacy Policy.
14. INNOVATIONS DISCLAIMS ALL WARRANTIES WITH RESPECT
TO THE SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM.
THE SITE, INCLUDING ALL CONTENT, INFORMATION AND MATERIAL
ON THIS SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, OR NON-INFRINGEMENT. TO THE EXTENT THAT ANY JURISDICTION
DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SUCH EXCLUSIONS MAY NOT
APPLY TO YOU.
15. INNOVATIONS'S LIABILITY WITH RESPECT TO THE SITE
AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS
OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR STATUTORY DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS
USER AGREEMENT, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR
TRANSACTIONS ENTERED INTO THROUGH THE SITE. OUR LIABILITY IS LIMITED EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER
OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES,
THE MAXIMUM LIABILITY OF INNOVATIONS, ITS AFFILIATES AND THEIR AGENTS AND
EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE AND THE CONTENT
IS $100. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR
INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. TO THE
EXTENT THAT ANY JURISDICTION DOES NOT ALLOW SUCH LIMITATIONS OF LIABLITY,
SUCH LIMITATIONS MAY NOT APPLY TO YOU.
16. You will be responsible for any liability to Innovations
that arises out of your breach of this User Agreement or your use of the
Site.
You agree to indemnify, defend and hold harmless Innovations
and its affiliates, agents and employees from and against any and all suits,
losses, claims, demands, liabilities, damages, costs and expenses (including
reasonable attorneys' fees) that arise from or relate to:
- Your use of the Site;
- your breach of this User Agreement or any representation, warranty
or covenant made by you in this User Agreement,
- your violation of any applicable law, statute, ordinance, regulation
or of any third party's rights, or
- claims asserted by third parties which, if proven, would place you
in breach of representations, warranties, covenants or other provisions
contained in this User Agreement.
17. You will settle any disagreements with INNOVATIONS
by arbitration in Atlanta, Georgia under the substantive provisions of Georgia
state law.
Regarding the resolution of any controversy, you understand
that:
- Arbitration is final and binding.
- By agreeing to arbitration, you waive your right to resolve disputes
in court, including the right to a jury trial.
- You agree to bring any claim, dispute, or action within one (1) year
of the date from which the claim, dispute, or action arises and waive
any longer statute of limitations that may be provided by law.
- Arbitration is different from a court proceeding and is generally
more limited.
- The arbitrator's decision is not required to include factual findings
or legal reasoning.
- Your right to appeal or to seek to modify the arbitrator's rulings
is strictly limited.
You and Innovations agree that any dispute that arises
between us that we cannot resolve informally will be submitted to binding
arbitration pursuant to the rules of the American Arbitration Association.
You and Innovations agree that any arbitration shall be conducted in Atlanta,
Georgia USA.
Any questions about the nature of our relationship or the law surrounding
this relationship will be governed by Georgia law without giving effect
to conflicts of law principles.
18. You will be bound by revised versions of this
User Agreement that we post on the Site.
Modifications will be effective immediately upon posting
unless we indicate otherwise.
Your use of the Site indicates your full acceptance of this User Agreement
in its then-current form each time you use the Site.
19. You are bound by certain other general conditions.
This User Agreement constitutes the entire understanding,
and supersedes all other understandings, written or oral, between you and
Innovations concerning the subject matter hereof.
Certain sections of the Site include additional terms and conditions that
govern use of those sections. You will be bound by those additional terms
and conditions, and they will be considered part of this User Agreement.
Innovations may assign this User Agreement in whole or in part at any time
without your consent. You may not assign this User Agreement or delegate
any of your obligations under this User Agreement. Any purported assignment
of this User Agreement in violation of its terms is void.
If any provision of this User Agreement is found invalid or unenforceable,
that provision shall be enforced to the maximum extent possible and the
remaining provisions of the User Agreement shall remain in full force and
effect.
The representations, warranties, covenants, and agreements made by you under
the User Agreement shall survive and remain in effect even after your termination
of this User Agreement or your discontinuation of use of the Site.
Innovations Publishing LLC
75 Fifth Street NW
Suite 311
Atlanta, GA 30308
(404) 526-6030
http://www.innovationspublishing.com
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