MARKETSCREEN.COM WEB SITE MEMBER AGREEMENT
BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS MEMBER
AGREEMENT, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO
BE BOUND BY THIS MEMBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT
PROCESS. AGREEMENT BETWEEN USER AND MARKETSCREEN.COM
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 MarketScreen.com, Inc.
("MarketScreen.com"), 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 MarketScreen.com 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 MarketScreen.com, 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 MarketScreen.com 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 "Adjust Preferences" portion of the site and following
the directions listed and, if any such problem persists, notify MarketScreen.com (by
notice given to marketscreen@pcquote.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
MarketScreen.com 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.
MarketScreen.com recommends that anyone trading securities should do so with caution
and prior to the execution of a security trade based upon information from
MarketScreen.com, 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 MarketScreen.com nor anyone affiliated with MarketScreen.com is responsible
for any investment decision made.
MarketScreen.com 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
MarketScreen.com apologizes.
The information contained within this Web site is the property of the
original publisher. While we strive to present accurate and useful information,
MarketScreen.com 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 MARKETSCREEN.COM, 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 MARKETSCREEN.COM 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 MARKETSCREEN.COM 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. MARKETSCREEN.COM 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 MARKETSCREEN.COM EMPLOYEE SPOKESPERSONS WHILE ACTING IN
THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL MARKETSCREEN.COM 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. MARKETSCREEN.COM 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 MARKETSCREEN.COM, 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 MARKETSCREEN.COM, 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
MARKETSCREEN.COM, 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 MarketScreen.com, 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 MarketScreen.com, and other resources and
advertisers. Such hyperlinks are provided for member's reference only.
MarketScreen.com 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. MarketScreen.com'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 MarketScreen.com
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 MarketScreen.com'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 MarketScreen.com's express prior approval
and solely in accordance with the terms and conditions imposed by MarketScreen.com
with respect thereto. If MarketScreen.com is notified that a message posted on
MarketScreen.com's Forums violates the legal rights of others or the stated
guidelines for posting messages, MarketScreen.com 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. MarketScreen.com 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 MarketScreen.com. Further, member
acknowledges that chats, postings, conferences, and other communications by
other users are not endorsed by MarketScreen.com, and such communications shall not
be considered reviewed, screened, or approved by MarketScreen.com. MarketScreen.com
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,
MarketScreen.com shall have the right to remove any material or contents of the
Forums received from users, including without limitation bulletin board
postings, that MarketScreen.com, in its sole discretion, finds to be in violation of
the provisions hereof, otherwise objectionable, or stale. Furthermore,
MarketScreen.com 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 MarketScreen.com 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 MarketScreen.com.
MarketScreen.com reserves the right to republish the material contributed by our
readers. By posting a message, member expressly grants to MarketScreen.com 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 MarketScreen.com or its clients. The mark "MarketScreen.com" and
the contents of this Web site are the sole property of MarketScreen.com, Inc.
Reproduction in whole or in part is strictly prohibited without explicit written
permission.
TRADEMARKS
MarketScreen.com is a trademark of MarketScreen.com.
All rights reserved. All other trademarks appearing on this Web site are the
property of their respective owners, including, in some instances, MarketScreen.com.
MODIFICATION OF THESE TERMS AND CONDITIONS
MarketScreen.com 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 MarketScreen.com 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
MarketScreen.com 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 email to marketscreen@pcquote.com.
Member's notice of termination will be effective upon receipt by MarketScreen.com.
MarketScreen.com 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.
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
MarketScreen.com 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 MarketScreen.com will be
used only in connection with services provided on this Web site and will not be
given to others. While MarketScreen.com will seek to require third-party content
providers and other parties to adhere to MarketScreen.com's privacy policies,
MarketScreen.com 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 MarketScreen.com 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 California, 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.