Website Terms of Use Agreement

Transcription

1 Website Terms of Use Agreement This Terms of Use Agreement is a binding contract between you and Pluscios Management LLC ( Pluscios ). It governs your use of this website and all products, services, content, tools and information available through the website. By using or accessing this website, you accept and agree to be bound by these Terms of Use. If you do not agree with the terms and conditions of the Terms of Use Agreement, you are not granted permission to access or otherwise use this website. Acceptance of the Terms of Use This Terms of Use Agreement (the "Terms of Use") states the terms and conditions under which you may use this website and all products, services, content, tools, and information available through the website (referred to collectively as the "Site" or the "Site Content"). Please read the Terms of Use carefully. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use. These Terms of Use are in addition to any other agreements between you and us, including any customer or account agreements, and any other agreements that govern your use of Pluscios' or any third party's (companies not affiliated with us) products, services, content, tools, and information available on this Site. Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. We reserve the right to change the Site and the Terms of Use at any time, without notice. If you use the Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the Terms of Use, as amended. Authorized Use, Users and Online Account Access Personal use. This Site is intended only for your personal, non-commercial use, unless you and we have agreed otherwise in writing. Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring Privacy policy. When you us through one of the contact us options, we use your address to respond to your specific inquiry. We do not use your address for any other purpose and do not share it with outside parties unless required by law or pursuant to a regulatory inquiry. Copyright, Trademark and other Intellectual Property Rights You acknowledge that this Site is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos, except as explicitly authorized by us in writing. The Site contains text, software, graphics, images, and other material protected by copyrights or other proprietary rights and laws (collectively, the "Proprietary Material"), owned by Pluscios, or its licensors. Any use of such Proprietary Material other than as permitted herein is Third Party Content Providers, Sites, Referrals, and Disclaimers Site Content may include information provided by, or may be based on information provided by, parties who are not affiliated with Pluscios. While Pluscios will not provide Site Content to you if Pluscios believes

2 or has reason to believe that such Site Content is materially inaccurate, neither Pluscios nor any of its affiliates has independently verified such information and makes no representation or warranty as to its accuracy or completeness. Pluscios does not review or monitor any websites linked from or to this Site and is not responsible for any reports, documents, data, tools, products, services or other information or content contained on or accessible through such other websites or their operators, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of this Site, and the inclusion of these links does not imply an endorsement, representation or warranty by Pluscios with respect to any such linked websites or any reports, documents, data, tools, products, services or other information or content contained on or accessible through such websites or their operators. Pluscios DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES OR ANY CONTENT OR OTHER MATERIALS MADE AVAILABLE THROUGH THOSE WEBSITES HYPERLINKED TO OR FROM THIS SITE. If you access any websites hyperlinked to or from this Site, you do so at your own risk. Disclaimers DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF PLUSCIOS, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PLUSCIOS PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE. NONE OF THE PLUSCIOS PARTIES WARRANT THAT THIS SITE OR DOWNLOADS WILL MEET YOUR NEEDS OR EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE PLUSCIOS PARTIES HAVE NO RESPONSIBILITY FOR VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THIS SITE. PERIODS OF VOLATILE OR UNUSUAL MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT SYSTEMS AVAILABILITY OR RESPONSE TIME. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE IS ASSUMED SOLELY BY YOU. ALL OF THE PLUSCIOS PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE PLUSCIOS PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE. Cautions about future or "forward-looking" statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project. Limitation of Liability YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PLUSCIOS PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,

3 SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRADODINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE PLUSCIOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE PLUSCIOS PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY PLUSCIOS PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE PLUSCIOS PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE PLUSCIOS PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). Indemnification As a condition of your use of the Site, you agree to make the Pluscios Parties and their third-party providers whole for any and all claims, losses, liabilities and expenses (including but not limited to attorneys' fees) arising from any use of the Site or your violation of these Terms of Use. Governing Law, Forum, Severability, and Miscellaneous Failure by Pluscios to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. The laws of the State of Illinois govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the state courts of the County of Cook, or the United States District Court for the Northern District of Illinois, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect. You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Site to countries or persons prohibited under the export control laws of the United States. These Terms of Use inures to the benefit of Pluscios, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by PLUSCIOS. Termination You acknowledge and agree that Pluscios may restrict, suspend or terminate the Terms of Use or your access to, and use, of the all or any part of Site, including any links to third-party sites, at any time, with or

4 without cause, including but not limited to any breach of the Terms of Use, in Pluscios' absolute discretion and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of this Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimers, Limitations of Liability, Termination and General Provisions, and any other provision that by its terms survives termination of your use of or access to the Site.

5 Terms and Conditions Your use of this website is subject to Pluscios Management s [link to user agreement]. This website is for informational purposes only: No solicitations. Nothing on this Site shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction. No investment recommendations or professional advice. This Site is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Site should be construed as a recommendation, by us or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. While certain tools available on the Site may provide general investment or financial analyses based upon your personalized input, such results are not to be construed as our providing investment recommendations or advice. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation. Further SEC registration does not imply in any manner whatsoever that Pluscios Management, LLC ( Pluscios ), or any fund for which Pluscios serves as the investment advisor, has been sponsored, recommended, or approved, or that its abilities or qualifications have in any respect been passed upon by the United States or any agency or any office thereof. Risks. Alternative investing is speculative and involves substantial risk, including the possible loss of the entire amount invested. No assurance can be given that any investment account managed or advised by Pluscios will achieve its objectives or avoid losses. Past performance is not necessarily indicative of future results, and the performance of any investment account managed or advised by Pluscios could be volatile.