|
| Terms of Use |
|
|
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES OR BECOME A MEMBER OF BETTERTRADES.COM.
Long Term - Short Term Inc. ("we," "us") provides the Bettertrades.com web publications, as well as other products and services (collectively, "Bettertrades.com Products"), subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement and the Terms of Use Agreements for the particular Bettertrades.com Product(s) you use. By using any Bettertrades.com Products, visiting the Bettertrades.com websites or becoming a member of Bettertrades.com, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use any Bettertrades.com Products.
You must be at least 18 years of age to use any Bettertrades.com Products. If you are not at least 18 years old, please do not access or use any Bettertrades.com Products.
This Agreement is made between Bettertrades.com and you, the user of any Bettertrades.com Products ("you"). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change any Bettertrades.com Products, including eliminating or discontinuing any content or feature of any of the Bettertrades.com Products; or
- Change any fees or charges for use of any Bettertrades.com Products.
Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via electronic mail. Your use of any Bettertrades.com Products after such notice will be deemed acceptance of such changes. Our business changes constantly. These Terms of Use may change also. You should check our web sites frequently to see recent changes.
Legal Disclaimer
We are not a registered broker-dealer. You understand that the material provided in Bettertrades.com Products is for informational purposes only, and that no mention of a particular security in any Bettertrades.com Product constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Bettertrades.com Product may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that any Bettertrades.com Product may contain opinions from time to time with regard to any securities mentioned in other Bettertrades.com Products, and that those opinions may be different from those obtained by using another Bettertrades.com Product (such as news). You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In addition, information providers may be subject to certain trading restrictions. However, you understand and agree that at the time of any transaction that you make, one or more information providers or their affiliates may have a position in such securities.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations 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 in marketing materials to prior articles and opinions that have been published on our website. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, stock and fund quotes (other than those obtained through the real-time quote services available to users of certain Bettertrades.com Products) are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.
Code of Conduct
While using any Bettertrades.com Product, you agree not to:
- Restrict or inhibit any other visitor or member from using any Bettertrades.com Product, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any Bettertrades.com web sites;
- Use any Bettertrades.com Product for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any Bettertrades.com web sites;
- Remove any copyright, trademark, or other proprietary rights notices contained in a Bettertrades.com web sites;
- "Frame" or "mirror" any part of Bettertrades.com web sites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any Bettertrades.com Product or its contents;
- Harvest or collect information about visitors to or members of Bettertrades.com without their express consent; or
- Permit anyone without an account or subscription to use any Bettertrades.com Product through your subscription, user name or password.
While using Bettertrades.com Products you agree to comply with all applicable laws, rules and regulations.
Membership and Subscription
- Registration
Currently, we do not require users to become members of Bettertrades.com in order to have access to free commentary, analysis and news from our web sites, but if you'd like to receive one or more of our free email newsletters, we require you to register here to become a member. In order to register as a member, you'll have to pick a unique User Name and password, and supply us with your email address, zip code, and, if you like, a daytime telephone number where we can reach you. You agree that the information you provide will be accurate and complete and that you will update us if it changes. You can enter any changes at our Contact Form. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement. Please note that we may refuse to grant you a User Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, or is vulgar, offensive, or might cause confusion, as determined by us in our sole discretion.
- Subscribing to Premium Services
If you'd like access to one or more of our premium subscription-based services, we require you first to register as a member of Bettertrades.com. Then you'll need to supply us with the information specified on the appropriate registration form. Again, you must provide us with accurate and complete information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of our premium services.
You agree not to transfer or resell your use of or access to any premium service to any third party. If you are a subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify our customer service department by email at support@bettertrades.com or by telephone at 1-800-943-9020, between the hours of 9:00 a.m. and 5:00 p.m. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
- Fees and Payment Information
Current subscription rates and charges for TCB Products available on our Special Offers Page. Generally, payment for your subscription is due in advance of the subscription period you select. If you have chosen to take a free trial, payment is due at the end of the free trial. If the premium service you selected required you to provide your credit card information at registration, then at the end of your free trial, you will be charged for the initial term of your subscription, unless you cancel at or prior to the end of your free trial.
- Renewal and Cancellation Information
For renewal and cancellation information relating to a particular Bettertrades.com Product, please see the appropriate Terms of Use for that Bettertrades.com Product.
- Termination
This Agreement shall remain effective until terminated in accordance with its terms. Bettertrades.com may terminate this Agreement, and/or your access to and use of any Bettertrades.com Products, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.
Other Web Site Features
- Submissions and Postings
Please note that, because we occasionally host forums on our web sites and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting such Materials to any area of our web sites, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any forum on our web sites shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
- Chats
Chats are intended to serve as a discussion center for members of Bettertrades.com. Information provided in Chats may be provided by our staff, our outside contributors, or by contributors or users not connected with Bettertrades.com, some of whom may use anonymous screen names. People may post messages or make statements in Chats that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed in Chats by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained in Chats.
The opinions expressed in the Chats are solely the opinions of the participants, and do not reflect the opinions of the Bettertrades.com or any of its subsidiaries or affiliates. We have no obligation to monitor Chats, or any other materials that you or other third parties transmit or post on or to our web sites or Chats. However, you acknowledge and agree that we have the right (but not the obligation) to monitor our web sites and the Chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Chat); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate our web sites properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests.
Other Legal Matters
- Ownership and Restrictions on Use
©2001-2004 Bettertrades.com All rights reserved. Our web sites are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials provided in TCB Products, and download and/or print out only one copy of any such materials, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from our web sites in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using any Bettertrades.com Product.
"Bettertrades.com" and other marks are trademarks and/or service marks of Bettertrades.com. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
- Jurisdictional Issues
Our products and services are directed solely to individuals residing in the United States. We make no representation that materials provided in Bettertrades.com Products are appropriate or available for use in other locations. Those who choose to access any Bettertrades.com Products from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of Bettertrades.com Products and/or the provision of any service or product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
- Links to Other Websites
Our products and services may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
- Disclaimer of Warranties
OUR PRODUCTS AND SERVICES, THE MATERIALS ON OUR WEB SITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR WEB SITES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TCB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. TCB AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF ANY TCB PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL TCB PRODUCTS OR THE SERVER(S) ON WHICH OUR WEB SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF TCB PRODUCTS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF TCB OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF TCB PRODUCTS, THE MATERIALS ON OUR WEB SITES AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that TCB Products could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to our web sites. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to our the completeness or correctness of any Bettertrades.com Product. In the event that such a situation arises, please contact us at Support@bettertrades.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
- Limitation of Liability
NEITHER LONG TERM - SHORT TERM, BETTERTRADES.COM, NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY TCB PRODUCTS AND/OR CONTENT CONTAINED IN ANY TCB PRODUCTS, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH OUR WEB SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY TCB PRODUCTS IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY TCB PRODUCTS.
- Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any Bettertrades.com Product.
- Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Nevada, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. 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. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all Bettertrades.com policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. We reserve the right to require you to sign a non-electronic version of this Agreement.
|
|
|
|
