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PROSIGNAL
MEMBER AGREEMENT
BY
COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO THE TERMS OF
THIS MEMBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS MEMBER AGREEMENT, PLEASE
DO NOT COMPLETE THE REGISTRATION PROCESS. AGREEMENT BETWEEN USER
AND PROSIGNAL.
This
Web site (the "Web site") is offered to you (hereinafter referred
to as "Member") conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your
use of this Web site constitutes your agreement to all such terms,
conditions, and notices. The right to use this Web site and any
other product or service offered by New Venture Developments,
Inc. ("ProSignal "),
is personal to Member and is not transferable by assignment,
sublicense, or any other method to any other person or entity.
MEMBER
INFORMATION
Member
shall provide ProSignal with
accurate, complete, and updated information as to his or her
real name and a valid email address provided by Member at registration.
In each case, failure to do so shall constitute a breach of this
agreement.
No
member may (i) select or use a username or email address of another
person with the intent to impersonate that person or entity;
(ii) use a username or email address subject to the rights of
any person other than Member without authorization; (iii) use
a username in violation of the intellectual property rights of
any person; or (iv) use a username that ProSignal ,
at its sole discretion, deems offensive.
PASSWORD
DISCLOSURE
Member
acknowledges that his or her right to use this Web site and other
products or services offered by ProSignal is
unique or specific to Member and is not transferable by assignment,
sublicense, or any other method to any other person or entity.
Any attempt to transfer Member's right to use this Web site is
void and shall constitute a breach of this Agreement.
Member
shall take any and all actions necessary to maintain the privacy
of his or her password. In the event Member has reason to believe
that a third party has access to Member's account, Member shall
promptly change their account password by going to the "Adjust
Preferences" portion of the site and following the directions
listed and, if any such problem persists, notify ProSignal (by
notice given to help@prosignal.com).
PERSONAL
AND NON-COMMERCIAL USE LIMITATION
This
Web site is for Member's personal and non-commercial use. Member
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from this
Web site.
NATURE
OF SERVICE
ProSignal is
neither an investment advisory service nor an investment advisor.
We are not investment advisors and do not purport to tell people,
or suggest to people, what they should buy or sell for themselves.
Investors
should always check with their licensed financial advisor, including
their tax advisor, to determine the suitability of any investment.
ProSignal recommends that anyone trading securities should do
so with caution, and prior to the execution of a security trade
based upon information learned at ProSignal, members are advised
to consult with their broker or other financial representative.
All
investors are encouraged to fully investigate any security before
making an investment. Investors should obtain annual reports
and other company information to complete their own due diligence
in any investment. As a starting point to this investigation,
the Securities and Exchange Commission (the "SEC") maintains
a Web site that contains reports, proxy and information statements,
and other information regarding certain companies that file electronically
with the SEC. In addition, the SEC also provides information
on various kinds of cyber fraud they see occurring. The address
of this Web site is http://www.sec.gov/. Likewise, the National
Association of Securities Dealers Regulation provides their own
insights on how to invest carefully online at http://www.nasdr.com/.
Neither ProSignal nor
anyone affiliated with ProSignal is
responsible for any investment decision made.
ProSignal
has made all reasonable efforts to ensure that all information
provided on its own Web site on the Internet is accurate at the
time of inclusion; however, there may be inadvertent and occasional
errors for which ProSignal apologizes.
The
information contained within this Web site is the property of
the original publisher. While we strive to present accurate and
useful information, ProSignal makes
no guarantee of accuracy or completeness. All information and
opinion expressed herein is subject to change without notice.
Opinions and recommendations contained herein should not be construed
as investment advice. Do not assume that any recommendations,
insights, charts, theories, or philosophies will ensure profitable
investment.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
A.
MEMBER EXPRESSLY AGREES THAT USE OF THE FORUMS AND THIS WEB SITE
ARE AT HIS OR HER SOLE RISK. NEITHER PROSIGNAL, ITS AFFILIATES,
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT
PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE
OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE
FORUMS.
B.
THIS WEB SITE AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY
ACKNOWLEDGES THAT PROSIGNAL IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS,
OR OTHER USERS OF THE FORUMS AND THAT THE RISK OF INJURY FROM
THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.
D.
IN NO EVENT WILL PROSIGNAL OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING
LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB
SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THIS WEB SITE AND THE FORUMS.
E.
PROSIGNAL NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS WEB
SITE AND FORUMS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE
POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED PROSIGNAL
EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
UNDER NO CIRCUMSTANCES WILL PROSIGNAL BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT ON THIS WEB SITE AND/OR ANY POSTING ON THE
FORUMS. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION,
ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR
THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION,
ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL,
HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F.
PROSIGNAL DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT
OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION
BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
G.
MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL PROSIGNAL,
ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF ANY BROWSERS
OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF
ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION
WITH THE SERVICE.
H.
MEMBER AGREES THAT THE LIABILITY OF PROSIGNAL, ITS AFFILIATES,
AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL
CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED
WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL
NOT EXCEED THE AMOUNT MEMBER PAID TO PROSIGNAL, INC., FOR USE
OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
INDEMNIFICATION
Member
agrees to indemnify and hold ProSignal,
its parent, its employees, its officers, and its agents harmless
from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from Member's use of this Web site
or from Member's violation of this Agreement or any third party's
rights including but not limited to copyright, property, and privacy
rights. This indemnification and hold harmless obligation will
survive this Agreement and Member's use of this Web site.
LINKS
TO THIRD-PARTY SITES
This
Web site contains hyperlinks to other Web sites operated by parties
other than ProSignal ,
and other resources and advertisers. Such hyperlinks are provided
for Member's reference only. ProSignal is
not responsible for the availability of these external sites, nor
is it responsible for any of the contents, advertising, products,
or other materials on such external sites. ProSignal's
inclusion of hyperlinks to such Web sites does
not imply any
endorsement of the material on such Web sites or any association
with their operators. Under no circumstances shall ProSignal be
held responsible or liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused in connection with
the use of or reliance on any content, goods, or services available
on such external site. Any concerns regarding any external link
should be directed to its respective site administrator or webmaster.
USE
OF BULLETIN BOARDS, CHAT ROOMS, AND OTHER COMMUNICATION FORUMS
Member
is solely responsible for any information Member posts in electronic
bulletin boards, chat rooms, or other message or communication
facilities (collectively, "Forums") on or related to this Web site.
This Web site and the Forums shall be used for lawful purposes
only. No material shall be posted on or transmitted through the
Forums which violates or infringes in any way upon the rights of
others , which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane, indecent,
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability, or
otherwise violates any law. No conduct shall be undertaken that,
in ProSignal 's
judgment, restricts or inhibits any other user from using or enjoying
the Forums. The Forums shall not be used to solicit other members
to become users of competitive online information services. Advertising
or commercial solicitation may be posted on or transmitted through
the Forums subject to ProSignal 's
express prior approval and solely in accordance with the terms
and conditions imposed by ProSignal with
respect thereto. If ProSignal is
notified or becomes aware that a message posted on ProSignal 's
Forums violates the legal rights of others or the stated guidelines
for posting messages, ProSignal reserves
the right to remove the message.
Member
agrees not to upload, post, or otherwise make available on this
Web site any material protected by copyright, trademark, or other
proprietary rights, without the express permission of the owner
of the copyright, trademark, or other proprietary right. The
burden of determining that any material is not protected by copyright
rests with Member. Member shall be solely liable for any damages
resulting from any infringement of copyrights, trademarks, proprietary
rights, or any other harm resulting from any uploading, posting,
or submission.
Member
agrees not to upload files to this Web site that contain viruses,
corrupted files, or other similar software or programs that may
damage the operation of another person's computers, software,
Web sites, or network. Member will be solely responsible for
damages arising from any claims that files posted by Member caused
damage to the operation of another person's computer, software,
Web sites, or network.
Member
agrees not to advertise or offer to sell any goods or services,
or promote any surveys, contests, chain letters, or any commercial
purpose on this Web site.
Member
acknowledges that all Forums are public and not private communications. ProSignal shall
have the right, but not the obligation, to monitor the content
of the Forums to determine compliance with this agreement and
any other operating rules established by ProSignal.
Further, Member acknowledges that chats, postings, conferences,
and other communications by other users are not endorsed by ProSignal,
and such communications shall not be considered reviewed, screened,
or approved by ProSignal. ProSignal reserves
the right in its sole discretion to edit, refuse to post, or
remove any material submitted to or posted on the Forums. Without
limiting the foregoing, ProSignal shall
have the right to remove any material or contents of the Forums
received from users, including without limitation bulletin board
postings, that ProSignal,
in its sole discretion, finds to be in violation of the provisions
hereof, otherwise objectionable, or stale. Furthermore, ProSignal
reserves the right, in its sole discretion, to deny any Member's
access to this Web site or any portion thereof, without notice.
COPYRIGHT
AND LIMITATIONS ON USE
The
information available through this Web site is the property of ProSignal or
its licensors and is protected by copyright and other applicable
laws, treaties, and conventions. All rights reserved. Information
received through this Web site may be displayed, reformatted, and
printed for Member's personal, non-commercial use only. Member
agrees not to reproduce, retransmit, distribute, disseminate, sell,
publish, broadcast, or circulate the information received through
this Web site to anyone, including but not limited to others in
the same company or organization, without the express prior written
consent of ProSignal .
ProSignal reserves
the right to republish the material contributed by our readers.
By posting a message, Member expressly grants to ProSignal the
royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display
any message posted in the Forums (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed.
Certain
names, logos, and/or phrases on these pages may constitute trademarks
and/or copyrights of ProSignal or
its clients. The mark "ProSignal" and
the contents of this Web site are the sole property of New Venture
Developments, Inc. Reproduction in whole or in part is strictly
prohibited without explicit written permission from New Venture
Developments, Inc.
TRADEMARKS
The ProSignal yellow
box/blue lettering design, ProSignal,
and ProSignal.com
are service marks,
trademarks, or registered trademarks of New Venture Developments,
Inc., and may not be used without the express written permission
of the company.
MODIFICATION
OF THESE TERMS AND CONDITIONS
ProSignal shall
have the right at any time to impose, change, or modify the terms
and conditions applicable to Member's use of this Web site, or
any part thereof, including, but not limited to, content, hours
of availability, and equipment needed to access or use, and/or
Member's use of the Forums or any part thereof, or to impose new
terms and conditions. Such changes, modifications, additions, or
deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on
the Web site and/or the Forums a revised version of this Agreement,
and notification by electronic or conventional mail. If any such
change is unacceptable to Member, Member may terminate his or her
membership account as provided in the section below. Any use of
this Web site and/or any use of the Forums by Member after such
notice (other than to terminate Member's subscription pursuant
to the section below) shall conclusively be deemed to constitute
acceptance by Member of such changes, modifications, additions,
or deletions. Member agrees to review the terms and conditions
periodically to be aware of such revisions. Member may also be
subject to additional terms and conditions imposed by third-party
content providers in connection with third-party content, software,
or services.
TERMINATION
Either ProSignal or
Member may terminate this Agreement at any time. Member's only
right with respect to any dissatisfaction with (i) any terms and
conditions of this Agreement, or any policy or practice of ProSignal in
operating this Web site and/or the Forums, (ii) content available
through this Web site or any change therein, or (iii) amount or
type of fees or billing methods, or any change thereof, is to terminate
this Agreement by sending a written notice to ProSignal,
P.O. Box
1001,
Renton Washington 98058,
by sending email to help@ProSignal .com,
or by going to and following the directions listed. Member's notice
of termination will be effective upon receipt by ProSignal. ProSignal has
no obligation to provide Member with notice of termination. Fees
paid for any subscription term are paid in advance and are not
refundable in whole or in part, provided, however, that in the
event of termination by ProSignal for
any reason other than breach of this Agreement by Member or termination
by Member in accordance with provisions (i), (ii), or (iii) above,
in which Member identifies the termination as resulting from changed
terms, ProSignal shall
make a pro rata refund to Member.
The
terms of the sections of this Agreement entitled Copyright and
Limitations on Use, Disclaimers of Warranties and Limitations
of Liability, and Indemnification, shall remain in effect after
this Agreement has terminated by ProSignal or by Member.
EQUIPMENT
Each
Member shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and
use of this Web site, and Forums, and Member shall be responsible
for all charges related thereto.
PRIVACY
Personal
data provided by Member to ProSignal will
be used only in connection with services provided on this Web site
and will not be given to unaffiliated third parties except as required
by law. While ProSignal will
seek to require third-party content providers and other parties
to adhere to ProSignal 's
privacy policies, ProSignal does
not bear any responsibility for any actions or policies of such
third parties. Member should be aware that when Member voluntarily
discloses personal information (e.g., username, email address)
in the Forums, that information can be collected and used by others
and may result in unsolicited messages from other posters or parties.
MISCELLANEOUS
This
Agreement and any operating rules for this Web site and the Forums
established by ProSignal constitute
the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. This Agreement
shall be governed by and construed in accordance with the laws
of the State of Washington, without regard to its conflict of laws
rules. 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. The section headings used herein are for convenience
only and shall not be given any legal import.
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