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This Agreement
sets forth the terms and conditions which apply to your use of
the SMF.com web site (the "Service") which is offered to you by
StockMarketFunding.com, LLC ("SMF" herein). BY USING THIS SITE,
YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU
HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound
by this Agreement, please discontinue your use of the Service.
1.
Restrictions on Use.By using this Service, you agree
that you are over the age of 13, or, if you are 13 or under, you
have obtained the consent of your parent to use the Service.
This Service is owned and operated by SMF and its affiliated
companies and third party service providers, and contains
material which is derived in whole or in part from material
supplied and owned by SMF, and other sources, and is protected
by copyright, trademark, and other applicable laws. You may not
modify, copy, reproduce, republish, upload, post, transmit,
publicly display, prepare derivative works based on, or
distribute in any way any material from this Service including
code and software ("Material"). You may download Material from
this Service for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary
notices. In the event that you download Material from the
Service, such Material is licensed to you by SMF or its
licensors, and neither SMF nor their licensors, transfer title
to any such Material to you.
2.
Message Board and Chat Services.(a)
General. The SMF message boards (the "Message Boards")
and chat areas (collectively with the Message Boards, the
"Community Areas") are currently provided as free services. SMF
reserves the right to change the nature of this relationship at
any time. Violation of the terms of this Agreement may result in
the termination of your right use the Community Areas.
(b) Rules. It is a condition of your
use of the Community Areas and this Service that you do not: (i)
restrict or inhibit any other user from using and enjoying the
Community Areas; (ii) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, national or international law; (iii) post or transmit
comments containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs or rude or
deliberately offensive comments or engage in disruptive
activities online, including excessive use of scripts, sound
waves, scrolling (repeating the same message over and over), or
use viruses, bots, worms or trojan horses; (iv) post or transmit
any information, software or other material which violates or
infringes the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission
from the owner or right holder; (v) post or transmit any
information, software or other material which contains a virus
or other harmful component; (vi) post, transmit or in any way
exploit any information, software or other material for
commercial purposes or which contains advertising; (vi) solicit
other users to join, become members of, or contribute money to
any online service or other organization, advocate or attempt to
get users to join in legal or illegal schemes or plan or
participate in scams involving other users; (vii) impersonate
any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or
entity; (viii) resell, redistribute, broadcast or transfer the
information or use the information in a searchable,
machine-readable database; or (viii) use the Service to collect
personally identifying information about users of the Service in
violation of our Privacy Policy. You agree that you will not use
the Service, including the information provided therein and all
related equipment, networks and network devices (specifically
including Internet access) for any unlawful purpose. SMF, at its
sole and absolute discretion, shall determine whether any
information transmitted or received violates this provision.(c)
Monitoring. You understand that SMF has no obligation to
monitor the Community Areas. However, SMF reserves the right at
all times to disclose any information as necessary to satisfy
any law, regulation or governmental request, or to refuse to
post or to remove any information or materials, in whole or in
part, that in SMF's sole and absolute discretion are
objectionable or in violation of this Agreement. You acknowledge
that SMF reserves the right to, and may from time to time,
monitor any and all information transmitted or received through
the Service, for operational and other purposes. During
monitoring, information may be examined, recorded, copied, and
used for authorized purposes in accordance with our Privacy
Policy. Use of the Service constitutes consent to such
monitoring. (d) License. Except as
set forth in the Privacy Policy, by posting messages, uploading
files, inputting data, or engaging in any other form of
communication through the Community Areas or through email to
SMF (a "Communication"), you are granting SMF a royalty free,
irrevocable, perpetual, non-exclusive, unrestricted, worldwide
license to (i) use, copy, sublicense, adapt, transmit, publicly
perform or display any such Communication, and (ii) sublicense
to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to such Communication. No
Communication shall be subject to any obligation of confidence
on the part of SMF. The foregoing grants shall include the right
to exploit any proprietary rights in such Communication,
including but not limited to rights under copyright, trademark,
service mark, or patent laws in any relevant jurisdiction.
(e) Content. Communications posted
in the Community Areas are provided by users such as yourself
who are unaffiliated with SMF, and the user providing each such
Communication is solely responsible for the content thereof. In
using the Community Areas, you should not assume that such
messages have been reviewed by SMF, that such Communications
contain correct information, or that the persons posting such
Communications have accurately identified themselves and/or
their affiliation with any third party. (f)
Personal Safety. When using the Service, please be
certain that anything you say does not compromise your personal
safety. Do not provide your name, phone number or any other
personally identifying information to people you do not know. Do
not continue any conversation online that makes you feel
uncomfortable.
3.
Submissions.SMF is pleased to hear from users and
welcomes your comments regarding SMF's programs and services.
Unfortunately, SMF's company policy does not allow it to accept
or to consider creative ideas, suggestions, or materials other
than those it has specifically requested. We hope that you will
understand that the intent of this policy is to avoid the
possibility of future misunderstandings when projects developed
by SMF's employees and agents might seem to be similar to
creative works submitted by users. If, at our request, you send
certain specific submissions (postings to the Community Areas,
or contests), or without a request from us you send creative
suggestions, comments, ideas, notes or concepts or other
materials, they shall be deemed, and shall remain, the property
of SMF, and shall otherwise be subject to the provisions of
Section 2(d), above.
4.
Trading with Online Brokerage and Mutual Fund Firms.The
Service provides links to online trading services for your
convenience only. These online trading services are provided by
registered broker dealers and mutual fund companies, and such
broker dealers and mutual fund companies are solely responsible
for any services provided to you. SMF IS NOT A REGISTERED BROKER
DEALER OR MUTUAL FUND COMPANY.
5.
Coaching Services. SMF offers coaching and mentoring
services for a fee, which fee may be in addition to other fees
and charges assessed by SMF. The purpose of the coaching and
mentoring service is to educate SMF customers on a personal
level regarding trading in the stock markets. Inasmuch as the
services are educational, SMF assumes no responsibility for the
user's actual trading practices or results. Moreover,
representations of past performance by a coach or mentor cannot
be construed as a guarantee of future performance. Trading on
the stock market is risky and subject to a wide variety of local
and global events. Therefore, SMF cannot, and does not,
guarantee your success based upon your use of any educational
materials, products or advice provided by SMF, or its coaches
and mentors.
Additionally, to the extent SMF
provides any product and/or service in conjunction with its
coaching and mentoring service, it is understood that such
products and services are educational in nature and that such
products and/or services do not guarantee success in the stock
market. As a user of products and services offered by SMF you
understand that SMF, its consultants, coaches, mentors,
affiliates and representatives are not responsible for your
trading practices and that you will not hold SMF responsible in
any way for either your financial success or failure as a trader
using the educational materials, products, or suggestions of the
coaches and mentors of SMF.
6. Content Disclaimer.SMF
solely provides investment information to its users and is not
intended to provide investment advice. SMF does not guarantee
the accuracy, completeness or timeliness of, or otherwise
endorse, the views, opinions or recommendations on SMF, or
advocate the purchase or sale of any security or investment.
7. Disclaimer of
Warranties.SMF HAS PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES")
AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS
SERVICE. NEITHER SMF, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS
AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, SMF DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SMF DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SERVICE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES
THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SMF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE
OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF
ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE
TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL
RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS
TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF
THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY
MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA
OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION
PROVIDED HEREUNDER. YOU (AND NOT SMF) ASSUME THE ENTIRE COST OF
ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
8.
Limitation of Liability. IN NO EVENT SHALL SMF, ITS
PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR
INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SMF OR
ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT NEITHER SMF ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS
AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE.
9. Indemnification.You
agree to defend, indemnify and hold harmless SMF its parent,
affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, suits
or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) any material posted or
otherwise provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent or other
intellectual property, right of any person or defames any person
or violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your use of the
Service; (c) any non-compliance by you with the terms and
conditions of this Agreement; and (d) claims brought by persons
or entities other than the parties to this Usage Agreement
arising from or related to your access and use of the Service,
including the information obtained through the Service.
10. Termination.This
Agreement and the license rights granted hereunder shall remain
in full force and effect unless terminated, suspended, or
canceled for any of the following reasons: (a) upon thirty (30)
days written notice by any party of its intent to terminate this
Agreement; (b) immediately by SMF for any unauthorized access or
use by you, including, without limitation (i) concurrent access
of the Service with identical user identification numbers, (ii)
permitting another person or entity to use your user
identification number to access the Service, or (iii) any other
access or use of the Service except as expressly provided in
this Agreement; or (c) immediately, if you violate the terms and
conditions of this Agreement or the rules and regulations
relating to the use of, or tamper with or alter any of the
software and/or data files contained in, or accessed through,
the Service. Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any right or
relief to which SMF may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you will
terminate and revert to SMF and its licensors.
11. Minors.If
you have agreed to allow your minor child, or a child for whom
you are legal guardian (a "Minor"), to register as a member of
the Service, you agree that you shall be solely responsible for:
(a) the online conduct of such Minor; (b) monitoring such
Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor.
12. Child Online
Protection Act Notification.Pursuant to 47 U.S.C.
Section 230(d) as amended, SMF hereby notifies you that parental
control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist
you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is
available at the Electronic Frontier Foundation website,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website,
http://www.netparents.org/parentstips/browsers.html.
13. Infringement Policy.SMF,
pursuant to 17 U.S.C. Section 512 as amended by Title II of the
Digital Millennium Copyright Act (the "Act"), reserves the
right, but not the obligation, to terminate your license to use
the Service if it determines in its sole and absolute discretion
that you are involved in infringing activity, including alleged
acts of first-time or repeat infringement, regardless of whether
the material or activity is ultimately determined to be
infringing. SMF accommodates and does not interfere with
standard technical measures used by copyright owners to protect
their materials. In addition, pursuant to 17 U.S.C. Section
512(c), SMF has implemented procedures for receiving written
notification of claimed infringements and for processing such
claims in accordance with the Act. In addition, any written
notice regarding any defamatory or infringing activity, whether
of a copyright, patent, trademark or other proprietary right,
should be sent to our designated agent, listed above, and must
include the following information:
A. A physical or electronic
signature of a person authorized to act on behalf of (1) the
owner of an exclusive right that is allegedly infringed or (2)
the person defamed.
B.
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. Similarly for
other types of infringing materials, a list of such materials.
C. Identification of the material
that is claimed to be infringing, to be the subject of
infringing activity, or that is claimed to be defamatory 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 you, such as your address,
telephone number, and/or electronic mail address.
E. 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 or other
proprietary right owner, its agent, or the law.
F. 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 or on
behalf of the person defamed.
14. Modification.SMF
reserves the right to amend this Agreement, and to modify, add
or discontinue any aspect, content, or feature of the Service.
Such amendments, modifications, additions or deletions shall
become effective upon notice thereof, which may be provided to
you by posting on the Service, via e-mail or any other
reasonable means. Continued use of the Service by you shall be
deemed to indicate your acceptance of any such amendments,
modifications, additions or deletions.
15. Jurisdiction.Unless
otherwise specified, the materials on this Service are presented
solely to provide information regarding and to promote
SMF's products and services available in the United States , its
territories, possessions and protectorates. This Service is
controlled and operated by SMF from its offices within the state
of Oregon , and by certain third party providers from their
offices within the United States of America . Neither SMF nor
any third party service provider makes any representation that
materials on this Service are appropriate or available for use
outside the United States . Those who choose to access this
Service from outside the United States do so on their own
initiative and are responsible for compliance with local laws,
if and to the extent that local laws are applicable. Software
from this Service is further subject to United States export
controls. No software from this Service may be downloaded or
otherwise exported or re-exported (A) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods, or (B) to
anyone on the U.S. Treasury Department list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By using the Service, you represent and warrant
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
16. Miscellaneous.This
agreement shall be governed by and construed in accordance with
the laws of the State of Oregon without giving effect to any
principles of conflicts of law. You may not assign any of your
rights, obligations or privileges hereunder without the prior
written consent of SMF. Any assignment other than as provided
for in this Section shall be null and void, ab initio. If any
provision of this agreement shall 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
and any posted operating rules constitute the entire agreement
of the parties with respect to the subject matter hereof, and
supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with
respect to such subject matter. No waiver by either party of any
breach or default hereunder shall be deemed a waiver of any
subsequent breach or default. The titles and subtitles used in
this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
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