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Terms of Use

Updated 07-01-11

Your use of our (“we or “us”) website (the “Web Site”) and any related services are subject to the following Terms of Use Agreement (“Terms”). By using the Web Site and any related services, you agree to be bound by these Terms. If you do not agree to the terms of these Terms immediately stop using the Web Site.

By using the Web Site, you acknowledge and agree to the following:

• MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. We reserve the right to update these Terms at any time without notice. Such modifications will become effective immediately upon posting to the Web Site. You must review these Terms on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms within the footer pages of our website, under the title “Terms of Use”.

• DESCRIPTION OF SERVICES
We provide you with access to a variety of resources including general information, articles, videos, 3rd party resource links, etc. and other services (all, the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms.

• USE OF CONTENT
Use of our content (documents, whitepapers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by us. Elements of the Web Site may be protected by copyright, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to us is licensed or otherwise published by us with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

• IMPORTANT SECURITIES DISCLAIMER
You understand that none of the content or commentary published on the Web Site directly or indirectly constitutes a recommendation or advice that any transaction, specific security, investment strategy, or portfolio of securities is suitable for any specific person. Also, you further comprehend and understand that none of the information providers, app providers, bloggers, or their affiliates is personally advising you concerning the potential, nature, value or suitability of any particular transaction, security, portfolio of securities, investment strategy or other matter. To the extent that any of the content published on the Web Site may be deemed, viewed or portrayed to be investment advice, suggestions, or recommendations in connection with a particular security, such information or advice is considered impersonal and not designed or tailored to the investment or portfolio management needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Web Site will not contain a description or list of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Web Site may have an insufficient public float or minimal market capitalization. Such stocks, bonds, mutual funds or other securities and commodities are subject to more risk than stocks of larger companies, including lower liquidity, greater volatility, and less publicly available information. Content, blogs, or postings on the Web Site, which may or may not be deemed by you to be recommendations, may have an effect on their investment or stock prices.

You understand that the Web Site, from time to time, may contain opinions with regard to securities mentioned on other products, website blogs, or websites, and that the opinions on one website or product may be different from those in another website or product. You understand and agree that such stock or investment as mentioned on a blog, website, article, post, or content which a contractor, employee, outside bloggers, or other content contributors or their affiliates may write about, may be securities or investments in which they or their firms have a position. Furthermore, they may trade for their own account, and that they may or may not be subject to a disclosure policy. You understand and agree that at the time of any transaction that you make one or more content contributors, bloggers or, or their affiliates may have a position in the securities or investments in which they have written about.

You understand that any performance data that is supplied by sources that are believed to be reliable. However, calculations herein that are made using such data are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our Web Site, or other owned websites, to prior articles and opinions we have published. These references may reference only a part of an opinion or article e, be selective, and are likely not to be current. As markets constantly change, data and information that was previously published might not be current and should not and cannot be relied upon.

All content on the Web Site is presented only as of the date published or indicated, and may be invalidated or superseded by subsequent events within the markets, economies and governments, or for other reasons. In addition, you are responsible for setting the specific cache settings on your web browser to ensure you are receiving the most recent data from the Website.

• NO INVESTMENT RECOMMENDATION OR PROFESSIONAL ADVICE
The Web Site is not intended to provide any advice, and nothing on the Web Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, product, or service by the Web Site or any third party. Solely and specifically you alone are responsible for determining and deciding whether any investment, security, product, service, or strategy is appropriate or suitable for you, based on your specific situation, objectives, or needs. You should consult an attorney, expert, tax professional, or other professional regarding your specific legal, tax, or other situation.

• THIRD PARTY CONTENT, SITES, AND SERVICES
Content provided by us may contain features and functionality that may link you or provide you with access to third party content which is completely or partially independent of us, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. In some cases, these third party services appear as part of the Web Site.

Your interactions with organizations and/or individuals found on or through the Services or the Web Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Web Site, or between users and any third party, we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.

• DMCA POLICY
If you are a copyright owner or an agent and believe that any content on the Web Site, whether provided by third parites or otherwise, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Our designated Copyright Agent to receive notifications of claimed infringement can be reached by using our “Contact Us” form, as found in the footer of our website. If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Counter-Notice.

If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to the

Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a mis-identification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Ilinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

• PRIVACY AND INFORMATION DISCLOSURE
We have established a Privacy Policy to explain to you how your information is collected and used, which is located within the “Privacy Policy” link, within the footer of our homepage.

Your use of the Web Site or the Services signifies acknowledgement of, and agreement to, our Privacy Policy.

• DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEB SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, TO THE FULLEST EXTENT PERMITTED BY LAW.

WE DISCLAIM ANY WARRANTIES, INCLUDING FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEB SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES, INFORMATION OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE, OR ACCESSED THROUGH ANY LINKS ON THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEB SITE OR THE SERVICES.

IN PROVIDING CERTAIN SERVICES THE WEB SITE MAY SUPPLY ARTICLES OR OTHER CONTENT, THESE ARTICLES OR OTHER CONTENT ARE FOR ENTERTAINMENT USE ONLY AND WE WILL HAVE NO LIABILITY FOR ANY ADVICE, RECOMMENDATIONS, ENDORSEMENTS, SOLICITATIONS OR INFORMATION INCLUDED WITHIN THEM.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

• CHANGES TO THE WEB SITE
We may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, content or Services. We may also impose limits on certain features and Services or restrict your access to parts or all of the Web Site without notice.

• INDEMNITY
You will indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content and/or your use of the Web Site, your violation of these Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another.

• EXTERNAL LINKS
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. We provide links to other websites as a convenience to its users. We are not responsible for the materials contained at any website linked to the Web Site.

• UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services and the Web Site, you will not use the Services or the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services or the Web Site in any manner that could damage, disable, overburden, or impair any the Web Site, or interfere with any other party’s use and enjoyment of the Services or the Web Site. You may not attempt to gain unauthorized access to any Services or the Web Site, computer systems or networks connected to any of our servers or to any of the Services or the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or the Web Site.

You will obey any applicable local, state, and/or federal laws pertaining to their Internet access and use of the Services or the Web Site. You agree not to use the Services or the Web Site to conduct any activity, which may violate these laws. Use of the Services and the Web Site includes, but is not limited to: Web, FTP, Internet Relay Chat (IRC), Gopher, Email, and any other medium through which our servers are used for the storing, distribution, and/or transmission of content or material. You may be held legally liable for content and material located on their sites, including but not limited to: copyrighted, trademarked, patented, or other material used without the permission of the intellectual property rights holder; trade secret; pornography; obscene and/or defamatory content. You agree not to violate any intellectual property rights, including uploading or downloading commercial software, code, images, text or any other content.

We reserve the right to limit and/or prohibit any content or material we deem inappropriate as part of these Terms. We reserve the right to monitor any and all communication and activity, which occurs through or on our servers to ensure adherence to these Terms. We reserve the right to prohibit, remove, and/or block access to any pages, which primarily contain hyperlinks to content or material deemed inappropriate by us, in our sole discretion. We reserve the right to prohibit, remove, and/or block access to any pages, which primarily contain content or material that promotes or induces illegal activity.

Please report any violations of these terms to us via our “Contact Us” form, found within the footer of our homepage. In the event that we receive a complaint, we will investigate the complaint and, in our sole discretion, may remove the material from its servers. You will be notified, by email, within three (3) days of this proceeding. If you believe your activities may have been misclassified, you may petition us for renewal of your account. We reserve the right to release your information to comply with an investigation into any activity that violates these terms, and may report such activity to the appropriate authorities.

• CHILDREN
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Web Site—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

• USE OF SERVICES
The Services may contain forums, support, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you will not:

1. Use the Services in connection with pyramid schemes, junk email or spamming (commercial or otherwise).
2. Advertise or offer to sell or buy any goods or services other than those specifically provided by us.
3. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Use any material or information, including images or photographs in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
5. Provide links to files that contain viruses any other software or programs that may damage the operation of another’s computer or property of another.
6. Restrict or inhibit any other user from using and enjoying the Services. Violate any code of conduct or other guidelines, which may be applicable for any particular Service.
7. Harvest or otherwise collect information about others, including e-mail addresses.
8. Violate any applicable laws or regulations.
9. Create a false identity for the purpose of misleading others.

We reserve the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

• UPDATES
The Services may automatically update from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, new services, new or modified content, graphics or design elements, and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of the Services.

• ADVERTISEMENTS
Some of the Services and the Webs Site are supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising by us on the Web Site are subject to change without notice.

• MISCELLANEOUS
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms will be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. These Terms, together with the Privacy Policy and any other legal notices published on the Web Site, will constitute the entire agreement between you and us concerning the Web Site. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and your failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.