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iTrends©
Web Site Terms, Conditions, and Notices
Agreement between User and iTrends Inc. This Web site is owned
and operated by iTrends. (hereafter "iTrends"), offered
to the User conditioned on acceptance by the User without modification
of the terms, conditions, and notices contained herein. Use of the
content, services, and/or products presented in any and all areas
of this site constitutes the User's agreement to abide by the following
terms and conditions and those posted in specific areas of the site.
Copyright and Trademark Notices
All contents of this Web site are: Copyright
© 2000 iTrends Inc. 101 Maiden lane, New York, N.Y., U.S.A.,
or third-party content providers and are protected by international
copyright law. All rights reserved. iTrends, and other names
of iTrends products referenced herein are trademarks or registered
trademarks of iTrends Management Co., Inc. Other trademarks/logos
are the property of their respective owners.
This Web site is for the User's personal, noncommercial
use. If you download any material, you must keep all copyright and
other notices intact. The right to use it is not transferable to
any other person or entity. User is responsible for all use of User's
account (under any screen name or password) and for ensuring that
all use of this Web site through User's account complies fully with
the provisions of this Agreement. User may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, or other
content, software, products or services obtained from this Web site.
In addition, the information may not be taken out of context or
presented in an unfair, misleading or discriminatory manner.
Disclaimer
ALL MATERIALS AND SERVICES IN THIS SITE AND
THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE INFORMATION HEREIN. iTrends AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME
INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. iTrends AND/OR
ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT
ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION;
THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT,
SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED
WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING
THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. iTrends DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES
IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR
OR CORRECTION.
Use of this site
is at your own risk.
This site may contain advice, opinions, and
statements of various information providers and content providers.
iTrends does not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information provided
by any information provider or content provider, or any user of
this site or other person or entity. Reliance upon any such opinion,
advice, statement, or other information shall also be at your own
risk. Neither iTrends nor its affiliates, nor any of their respective
agents, employees, information providers or content providers shall
be liable to any User or anyone else for any inaccuracy, error,
omission, interruption, timeliness, completeness, deletion, defect,
failure of performance, computer virus, communication line failure,
alteration of, or use of any content herein, regardless of cause,
or for any damages resulting therefrom.
Prior to the execution of a purchase or sale
or any security or investment, you are advised to consult with your
broker or other financial advisor or other professionals as appropriate
to verify pricing and other information. Neither iTrends, its
affiliates, information providers or content providers shall have
any liability for investment decisions based upon, or the results
obtained from, the information provided. Neither iTrends, its
affiliates, information providers or content providers guarantee
or warrant the timeliness, sequence, accuracy, or completeness of
any such information. Nothing contained in this Web site is intended
to be, nor shall it be construed as, investment advice.
Use of E-mail, Newsletter, Bulletin Boards,
Chat Rooms, & Forums
iTrends does not control or regularly review
the messages, information or files delivered to Bulletin Boards.
It is a condition of your use of the Bulletin Boards and this Web
site that you do not upload to, post, distribute or transmit to
or through this site any messages, information or materials which
violate or infringe in any way the rights of others, or which are
libelous, defamatory, obscene, pornographic, threatening, abusive,
unlawful or would otherwise violate any law, or encourage such conduct,
or which, without iTrends's express prior consent, contains
advertising or any commercial solicitation; post or transmit any
material that contains a virus or other harmful component; restrict
or inhibit anyone from using and enjoying the bulletin boards.
iTrends has no
responsibility for the content of any messages, information or materials
uploaded, posted, distributed, or transmitted by Users of this site.
However, iTrends retains the right, but not the obligation in
its sole discretion, to monitor, review, edit, delete or refuse
to post any third-party content that iTrends deems to be objectionable
or in violation of these Terms and Conditions. iTrends reserves
the right to disclose any information as necessary to satisfy any
law, regulation or governmental request.
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By submitting messages, information and
material to any public area of this site, you are granting iTrends
a perpetual royalty-free license to reproduce, edit, modify, publish,
transmit and display, transmit, create derivative works from, distribute
or perform it in whole or in part or incorporate it in any form,
medium or technology now known or later developed. User agrees to
indemnify and hold harmless iTrends and all officers, directors,
shareholders, employees, authorized representatives and agents form
and against all claims and expenses, including attorneys' fees,
arising out of any messages, information or materials uploaded,
posted, distributed, or transmitted to or though this site by you.
User agrees to (as available) send and receive electronic mail,
engage in conferences and chats, download and upload files, and
otherwise use this Web site only as permitted by these terms and
conditions, any additional policies or procedures published in this
Web site from time to time by iTrends, and applicable law.
Links To Third-Parties' Web Sites
This Web site may contain links and pointers
to Internet sites maintained by third parties. iTrends does
not operate or control in any respect any information, products
or services on such third-party sites. Third-party links are included
solely for the convenience of Users, and do not constitute any endorsement
by iTrends and/or its suppliers. User assumes sole responsibility
for use of third-party links and pointers and disclaimers set forth
herein are equally applicable to such third-party sites.
Third-Party Content
iTrends
is a distributor with regard to content supplied by third-party
suppliers and Users, therefore, iTrends has no more editorial
control over such content than a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers and Users are those of the respective author(s)
or distributor(s) and not of iTrends.
Software
Available on This Web Site
Any software
that is made available to download from this Web site ("Software")
is the copyrighted work of iTrends's suppliers. Use of the Software
is governed by the terms of the end-user license agreement, if any,
which accompanies or is included with the Software ("License Agreement").
End users shall not install or use any Software that is accompanied
by or includes a License Agreement, unless the end user first agrees
to the License Agreement terms. Any such software is not available
to Users in territories where its distribution is prohibited by
law.
E-mail
iTrends
respects the privacy of its readers and shall not disclose, distribute
or rent its E-mail subscriber newsletter list to any third party,
nor shall it permit anyone else to do so.
Modification
iTrends shall have the right, at its discretion,
to change, modify, add or remove terms of this agreement at any
time without notice. Changes shall be effective immediately. You
agree to review this agreement periodically since subsequent use
by you of this site shall constitute your acceptance of any changes.
iTrends shall have the right at any time to change or discontinue
any aspect of the web site, including, but not limited to, the community
areas, content, hours of availability and equipment needed for access
to use. Such changes, modifications, additions or deletions shall
be effective immediately upon posting and any subsequent use by
you after such posting shall conclusively be deemed to be acceptance
by you of such changes, modifications or deletions.
Termination
This agreement is effective until terminated
by iTrends, at any time without notice. In the event of termination,
you are no longer authorized to access the bulletin boards and the
restrictions imposed on you with respect to material downloaded
from the bulletin boards, the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
Indemnity/Limitation of Liability
Under no circumstances, including, but not
limited to, negligence, shall iTrends, or its affiliates be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, iTrends'
materials. You specifically acknowledge and agree that iTrends
is not liable for any conduct of any User.
As a condition of use of this Web site, the
User agrees to indemnify iTrends and its suppliers from and
against any and all liabilities, expenses (including attorneys'
fees) and damages arising out of claims resulting from User's use
of this Web site, including without limitation any claims alleging
facts that if true would constitute a breach by User of these terms
and conditions. If you are dissatisfied with any iTrends material,
or with any of iTrends's terms and conditions, your sole and
exclusive remedy is to discontinue using the iTrends Web site.
General
iTrends reserves the right to make any
and all changes to this Web site at its sole discretion without
notice to the User. iTrends reserves the right to deny access
to this Web site to anyone at any time. This Agreement shall be
deemed to include all other notices, policies, disclaimers, and
other terms contained in this Web site; provided, however, that
in the event of a conflict between such other terms and the terms
of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be
construed and enforced in accordance with New York law. Any action
to enforce this agreement shall be brought in the federal or state
courts located in New York State. If any provision is deemed to
be unlawful or unenforceable, that shall not affect the validity
and enforceability of the remaining provisions.
Service Contact
Contact info@itrendsinc.com with questions
or problems with this Web site. Any rights not expressly granted
herein are reserved. © 2002 iTrends, Inc.
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