Website and Network - Terms of Use
Last Revised: September 2007
The following terms of use (the "Terms of Use") govern your access and use of the web sites of Investment Analytics Group, LLC, an Idaho Limited Liability Company ("Company") and its affiliates, affiliated sites and other online properties and services (collectively, the "Company Network"). BY ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE COMPANY NETWORK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE AND ANY OTHER TERMS PRESENTED IN THE COMPANY NETWORK. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE COMPANY NETWORK. COMPANY MAY AMEND THESE TERMS OF USE AT ANY TIME AND FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST TERMS OF USE WILL BE POSTED ON THE COMPANY NETWORK. ANY CHANGES TO THESE TERMS OF USE SHALL BE EFFECTIVE IMMEDIATELY FOLLOWING THE POSTING OF SUCH CHANGES. YOU AGREE TO REVIEW THESE TERMS OF USE FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY YOU OF THE COMPANY NETWORK FOLLOWING CHANGES TO THE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES.
1. Ownership and Copyright Agent. Unless otherwise noted, all text, content, and documents on the Company Network (the "Documents"), and the organization, design, compilation, look and feel, graphics, illustrations, artwork, video, music, images, software or other works or materials of the Company Network (collectively, with the Documents, hereinafter referred to as the "Materials") are owned or licensed by Company and/or a third party (hereinafter collectively referred to as the "Copyright Holder") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Company and you, all right, title and interest in and to the Materials will at all times remain with the Company and/or its Copyright Holders. Company respects the rights of all intellectual property owners and in this regard, it has adopted and implemented a policy that provides for the suspension and/or termination in appropriate circumstances of users who infringe the rights of others. If you believe that your work has been used in a way that constitutes copyright or other rights infringement, please provide Company's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright 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;
c. 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 us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has 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
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent
Attn: Tobi Mott
Holland & Hart, LLP
101 S. Capitol Blvd. Ste 1400
Boise, ID 83702
Phone: 208-342-5000
2. Limited Use; Restrictions on Use. Company grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Documents on the following conditions: (a) you shall not reproduce, retransmit, disseminate, broadcast or circulate any Documents, (b) the use of such Documents from the Company Network is for internal, informational and non-commercial use only, (c) you shall not use any content contained in the Documents in any manner that may give a false or misleading impression, attribution or statement as to Company, the Copyright Holder, or any third party referenced therein, (d) you use the Company Network and/or the Documents and services and products on the Company Network or accessible via the Company Network for lawful purposes only, and (e) you shall not publicly display, perform, or distribute any Document and shall not modify, translate, alter or create any derivative works thereof. Any other use of the Documents without Company's prior written consent is expressly prohibited. The resale, redistribution, retransmission, modification, dissemination or publication by you of any Material or any other part of the Company Network is strictly prohibited and you agree you will not create derivative works from or commercially exploit the contents of any Materials in any way. You do not acquire ownership rights to any Materials viewed or accessed through the Company Network and Company's posting of any Materials on the Company Network does not constitute a waiver of any right in such Materials. You shall not alter or remove any copyright notice, proprietary legends or any other notice included in any Materials on the Company Network. Except as expressly provided herein, nothing on the Company Network shall be construed as conferring any license under Company's and/or its Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. All rights not expressly granted herein are reserved. Notwithstanding anything herein to the contrary, COMPANY MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE COMPANY NETWORK AT ANY TIME AND WITHOUT PRIOR NOTICE.
3. Online Privacy Policy. Our Online Privacy Policy is available through our website and forms a part of these Terms of Use and describes the collection, use, and sharing of personally identifiable and other information that may be provided in connection with the use of the Company Network, which you should read carefully before accessing or using the Company Network.
4. Disclaimers and Limitation on Liability.
a. DISCLAIMER OF WARRANTIES. THE CONTENTS OF THE COMPANY NETWORK, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE COMPANY NETWORK OR THEIR CONTENTS. COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THE COMPANY NETWORK AND ANY SERVICES OR THE MATERIALS ACCESSIBLE THEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COMPANY HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS, LICENSOR(S) OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION 4.
b. ADDITIONAL DISCLAIMERS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE COMPANY NETWORK, THE MATERIALS OR ANY INFORMATION OR SERVICES PROVIDED OR ACCESSIBLE VIA THE COMPANY NETWORK ARE ACCURATE, COMPLETE OR CURRENT AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE. THE COMPANY NETWORK COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. COMPANY RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE CONTENT OR MATERIALS WITHIN THE COMPANY NETWORK OR ANY PART THEREOF WITHOUT NOTICE.
c. LIMITATION ON LIABILITY. Your use of and/or reliance on the Company Network and any information therein is at your own risk. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMPANY NETWORK OR ANY INFORMATION, DOCUMENTS, MATERIALS, PRODUCTS OR SERVICES CONTAINED THEREIN, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE COMPANY NETWORK, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMPANY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE COMPANY NETWORK AND ANY INFORMATION AVAILABLE THEREON. WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY (i) FOR ANY INACCESSIBILITY OF, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE COMPANY NETWORK, THE MATERIALS OR ANY INFORMATION OR SERVICES THEREUNDER, OR (ii) WITH RESPECT TO ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ON OR THROUGH THE COMPANY NETWORK. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY NETWORK OR THE INFORMATION OR SERVICES ACCESSIBLE THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY NETWORK.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE COMPANY NETWORK, THE MATERIALS, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE COMPANY NETWORK WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
5. Community Guidelines. The Company Network may include bulletin boards, chat rooms and other community forums which allow you and other users and members to post information, provide feedback to Company and its affiliates, and interact in real-time. In connection with such services, you agree to abide by Company's Community Guidelines, including but not limited to, agreeing not to use the Company Network for any unlawful purpose. Although Company may from time to time review discussions, chats, postings, transmissions, bulletin boards and other community forums on the Company Network, Company is under no obligation to do so. You acknowledge that Company shall have no obligation to monitor or control, and shall have no liability for, any information available on the bulletin boards, chat rooms and community forums on the Company Network and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other community forums on the Company Network are those of their respective authors who are solely responsible and liable for their content. Company reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other community forums on the Company Network. The foregoing reservation of rights and disclaimers shall also apply with respect to works or materials otherwise submitted to Company (i.e., in addition to or apart from any chat rooms, bulletin boards or other community forums on the Company Network) and/or posted on the Company Network.
6. User Input/Submissions. While we appreciate your interest in Company and the Company Network, we do not want and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by you to Company, or otherwise in connection with the Company Network (collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and Company shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed and delivered by you and a duly authorized officer of Company. You hereby grant to Company and its licensees a worldwide, perpetual, non-exclusive, fully-paid up, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, and perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. Company shall have no obligation to compensate you for any such Submissions in any manner. You hereby represent and warrant that (a) you own or otherwise have the right to grant the foregoing license to Company with respect to your Submissions; (b) your Submissions and any use thereof by Company will not infringe or violate the rights of any third party (including any intellectual property or privacy rights); and (c) your Submissions will not contain any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind. You are and shall remain solely responsible for the content of any Submissions you make and acknowledge that Company is under no obligation to respond to or use any Submission you may provide.
7. No Framing; Links; Third Party Sites.
a. Notwithstanding anything herein to the contrary, you agree not to frame the Company Network or take other action that alters the visual presentation of the Company Network. You also agree not to link to the Company Network without prior written approval from Company. To obtain approval for a link, please send a detailed email request to info@iagroupllc.com. Receiving approval to link will grant you only a limited, revocable, non-exclusive, non-transferable license to link to the home page of the applicable Company Network web site.
b. Any other web sites that are accessible via any link on the Company Network are not under the control of Company. Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Company provides the linked sites to you only as a convenience and the inclusions of any such link on the Company Network does not imply Company' endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
c. You are solely responsible for any dealings with third parties (including advertisers) listed in or accessible via the Company Network, including the delivery of and payment for goods and services.
8. Export Restrictions. You acknowledge and agree that the Materials may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product or service accessed or used via the Company Network, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
9. References to Products or Services. Information published by Company on the Company Network may contain references or cross references to products or services that are not announced or available in your country. Such references do not imply that Company or any of its affiliates or advertisers intends to announce such products or services in your country. Company makes no representation that the Company Network and/or any Materials herein are appropriate or available for use in other locations. If you access the Company Network from outside the United States, be advised the Company Network may contain references to products and services that are not available or are prohibited in your country. Company makes no representation or warranty that the Company Network are appropriate or available for use in locations outside the United States.
10. Governing Law; Venue for any Proceedings. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado. Any action, proceeding, dispute, claim or controversy arising out of or relating to the Company Network or these Terms of Use shall be brought exclusively in the United States District Court for the District of Colorado or the District Court in and for the City and County of Denver, State of Colorado. Each party hereby agrees that such courts shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
11. Complete Agreement; Changes to the Terms of Use. These Terms of Use and the documents referenced herein contains the complete agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior agreements or understandings, written or oral. Company shall have the right to revise and modify these Terms of Use at any time by posting the revised Terms of Use on the Company Network. Any use of the Company Network by you after such posting shall be deemed to constitute your acceptance of the revised Terms of Use.
12. Trademarks. "Company Inc.," the Company logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Company, its affiliates and/or or its or their licensors. All other products, company names or other trademarks or service marks appearing on the Company Network are the property of their respective owners. Nothing contained in the Company Network should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Company Network without prior written permission of Company or the respective owners.
13. Indemnification. You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, members, contractors, agents, representatives, and affiliates from and against any claims, actions, demands, liabilities, damages and expenses, including without limitation, reasonable attorney's fees and costs of investigation, arising out of or in connection with (a) your violation of any term of these Terms of Use, (b) your use or misuse of the Company Network or other act or omission by you, or (c) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your Submissions and/or use of the Company Network. Company reserves the right to participate in such defense and settlement with its own counsel at its own expense. In no event shall you enter into any settlement that purports to bind Company without Company's prior written consent, not to be unreasonably withheld or delayed. Company shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.
14. Termination. Company may terminate access to the Company Network at any time. Upon termination, you agree to cease all use of the Company Network. Without limiting the foregoing, Company shall have the right to immediately terminate your access and use of the Company Network, or any portion of the Company Network, in the event of any conduct by you, or through your account, which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1, 4, 6, 9, 10, 13 and 14 shall survive and continue in force and effect, in addition to any other provision of these Terms of Use that by its nature is intended to survive.
15. Miscellaneous. Company' failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company Network and its contents are not directed at children under the age of 13. All use of the Company Network by children under the age of 13 should be supervised by an adult, and no children under the age of 13 should submit any personal information. Company asks that parents supervise their children while online.
15. Questions. Please email us at info@iagroupllc.com with any questions you have about these Terms of Use, including our online Privacy Policy.
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