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| Terms and Conditions
AngelTrades - Terms and Conditions
ITWA Inc. provides
the website known as AngelTrades.net subject to your compliance with the
terms and conditions set forth in this Agreement. By using the Site, you
agree to be bound by these terms and conditions. If you do not agree to
these terms and conditions, please do not use the Site.
You must be
at least 18 years of age to use the Site. If you are not at least 18 years
old, please do not access or use the Site.
This Agreement is made
between ITWA Inc., and you, the user and/or member of the site (“you”). We
reserve the right at any time to:
Change the terms and conditions
of this Agreement; Change the Site, including eliminating or
discontinuing any content on or feature of any of the Site; or Change
any fees or charges for use of the Site. 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 the
Site or via electronic mail. Your use of the Site after such notice will
be deemed acceptance of such changes. Be sure to review this Agreement
periodically to ensure familiarity with the most current version. Upon our
request, you agree to sign a non-electronic version of this
Agreement.
All material provided on our Site is for personal and
thus general informational purposes only. No information on the Site is
intended as investment, tax, accounting or legal advice, as an offer or
solicitation of an offer so sell or buy, or as an endorsement,
recommendation or sponsorship of any company, security, or fund. The
information on the Sites should not be relied upon for purposes of
transacting securities or other investments. We cannot and do not assess
or guarantee the suitability or profitability of any particular
investment, or the potential value of any investment or informational
source. You bear responsibility for your own investment research as well
as the decisions, and are expected to seek the advice of a qualified
securities professional before making any investment.
Equity
(stock) and fund quotes are never current. When the stock market is open
equity quotes 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.
Due to the nature of changes in the market, before selling or buying any
stock or other investment you should consult with a qualified broker or
other financial professional to verify pricing
information.
Registration for Membership: To have access to
AngelTrades.net you must be or become a member. During those times that
membership is closed membership is only available by “invitation only”.
During both the “invitation only” registration and/or the open “enrollment
registration”, when and if you register to become a member, you agree to
the following: (a) provide accurate, current, and complete information
about yourself as prompted by the appropriate registration form, and (b)
to maintain and update your information to keep it accurate, current, and
complete. You acknowledge that, if any information provided by you is
untrue, inaccurate, not current, or incomplete, we reserve the right to
terminate this Agreement and our use of the Site.
As part of the
registration process, you will be asked to select a username and password.
We may decline to grant you a username that impersonates someone else, one
that may be illegal, is or may be protected by trademark or other
proprietary rights law, is offensive, vulgar or rude or may cause
confusion, as determined by us in our exclusive discretion. You fully
agree not to transfer, transmit or resell your use of or admission to
Angel Trades to any third party. If you are an Angel Trade Member, and you
have reason to believe that your account is not longer secure, you must
promptly change your password by updating your account information, and
immediately notify us via electronic mail at billing@angeltrades.net. YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED
THROUGH YOUR ACCOUNT.
Payment and Renewal: Present subscription
rates and charges for AngelTrades are available via electronic mail at
billing@angeltrades.net, or on the AngelTrades Visitors page. Payment for
your subscription is due in advance of the subscription period you select.
You may terminate your membership at any time during the first seven days
(seven day free trial). After the seventh day, your subscription will be
charged and will renew automatically unless terminated by us in accordance
with this Agreement or until you notify us of your decision to terminate
your subscription. The appropriate annual, monthly, or similar periodic
fee for you’re subscription will be billed automatically at the beginning
of each renewal period; to the credit card you designated during the
registration procedure (or subsequently changed) unless you terminate your
subscription before the renewal phase begins. You agree to pay all fees
and charges incurred in connection with your username and password
(including any applicable taxes) at the rates in effect when the charges
were incurred. You have 90 days from the date that any discrepancies in
your statement or any invoice first appear to notify us; after that time,
all charges will be deemed accurate. You agree to pay all amounts due upon
our demand. In the event we have to collect unpaid amounts you owe us, you
will be liable for all attorney’s and collection agency
fees.
Termination: This Agreement shall continue to remain
effective until terminated in agreement with its conditions. ITWA, Inc.
may terminate this Agreement, and/or your admittance to and use of the
Site or any portion thereof, instantaneously, in the event we conclude, 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.
Cancellation: You may cancel your
AngelTrades subscription by notifying our Billing Department via
electronic mail at billing@angeltrades.net. Cancellation will take effect
no later that 3 business days after we receive your notification. There
are no refunds on monthly or annual subscriptions. Delinquent or unpaid
amounts must be paid in full before you may re-subscribe.
Privacy:
Our guidelines with respect to the collection and use of your personal
information are set forth in our Privacy Policy.
Conflicts and
Disclosure Policy: We forbid any and all employees and/or officers of
AngelTrades to hold positions in individual equities
(stocks).
Code of Conduct: While using the Site AngelTrades you
agree not to:
Restrict or inhibit any other guest or member from
using the Site, including, without limitation, by means of “hacking” or
“cracking” or defacing any segment of any of the Site; Use the Site for
any unlawful purpose; Communicate or imply that any statements you make
are approved by us, without our prior written approval; Transmit (a)
any content or information that is illegal, 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 matter, 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 marketable
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 destructive or
disruptive component; Modify, alter, change, adapt, sublicense, translate,
sell, reverse engineer, decompile or disassemble any portion of the Site,
angeltrades.net; Remove any copyright, trademark, trade name, or other
proprietary rights notices contained in the Site angeltrades.net; Outline,
frame, copy or “mirror” any part of the Site angeltrades.net without our
prior written authorization; Use any robot, spider, site search/retrieval
application, or other manual or automatic device, mechanism or procedure
to retrieve, index, catalog or “data mine,” or in any way reproduce or
circumvent the navigational composition or production of the Site
angeltrades.net or it’s content; Gather or assemble information about Site
visitors, guests or members without this express consent; or authorize
anyone else whose account or subscription was terminated to use any of the
Site angeltrades.net through your subscription, username or password.
While using the Site angeltrades.net you agree to act in harmony with all
applicable laws, rules, policy and regulations.
Submissions:
Understand that because we collect many emails and suggestions from our
members, and sometimes redistribute materials you give us, we need to and
do obtain certain rights in those materials. By sending or transmitting to
us inspired, resourceful and creative suggestions, ideas, notes, concepts,
information, and/or other materials (collectively “Materials”), you grant
us and our designees a worldwide, non-exclusive, sub-licensable (through
multiple tiers), assignable, royalty-free, perpetual, irrevocable right to
use, reproduce, duplicate, 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 contributor of the
Materials. None of the Materials disclosed shall be subject to any
obligation or commitment, whether or confidentiality, attribution, or
otherwise, on our part and we shall not be liable legally responsible for
any use or disclosure of any Materials.
Services and Tools: Your
use of certain services on the Site may be governed by additional rules,
which are available on the Site or by hyperlink from other sites, in
connection with the service. By using any service you are acknowledging
that you have reviewed all corresponding and related rules and policy and
agree to be bound by them. Some of the services may have been provided by
third parties for your use. You expressly acknowledge and agree that your
use of all services is solely and exclusively at your risk.
Claims
of Copyright Infringement: The Digital Millennium Copyright Act of 1998
(the “DMCA”) provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that materials hosted by ITWA,
Inc. infringes your copyright, you (or your agent) may send us a notice
requesting that the material be removed, or access to it blocked. If you
believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a
counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/for details. Notices and counter-notices with
respect to the Site should be sent via electronic mail to angeltrades.net.
We suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for false
claims under the DMCA.
Ownership and Restrictions on Use: 2004
ITWA, Inc. All Rights Reserved. The Site is owned and operated by us
in conjunction with others pursuant to contractual arrangements. You may
only access and use the materials on the Site, and download and/or print
out only one copy of any materials on the Site, solely for personal use.
You may not republish, upload, post, transmit or distribute materials from
the Site in any way, without our prior written permission. Modification of
the materials or use of the materials for any other purpose is a violation
or our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the
Site.
AngelTrades.net is a trademark and/or service mark of ITWA,
Inc. All other trademarks, service marks, and logos used on the site are
the trademarks, service marks, or logos of their respective
owners.
Jurisdictional Issues: Angeltrades.net is exclusively
intended for use by individuals residing in the United States. We make no
representation that materials on the Site are suitable, appropriate,
fitting or available for use in by individuals in other countries or
locations. Persons who choose to access the Site from other locations do
so on their personal initiative and at their own risk, and are responsible
for compliance with United States and local laws, if and to the extent
applicable. We reserve the right to limit the availability and
accessibility of the 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: The Site may contain links to other Internet websites
and/or resources. We nether control nor endorse such other websites, not
have we reviewed or approved any content that appears on such other
websites. 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.
Disclaimers.
THE SITE angeltrades.net, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE
OBTAINED OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, INDIRECT OR
IMPLIED, TO THE FULLEST DEGREE PERMISSIBLE PURSUANT TO APPLICABLE LAW,
ITWA INC. AND ITS SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS, INDIRECT, IMPLIED, STATUTORY OR LEGISLATIVE
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANT ABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE.
TIME AND UNFORESEEN OCCURRENCES ITWA, INC. AND ITS
SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITES
WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER ON WHICH THE SITE IS HOSTED ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE
AND ANY OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES
RELATED THERE TO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND YOUR RELIANCE THERE ON. NO OPINION, ADVICE, OR STATEMENT OF
ITWA, INC., ANGELTRADES.NET OR ITS SUPPLIERS, AGENTS, MEMBERS, OR
VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY
WARRANTY. YOU’RE USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE
SITE ARE WHOLLY AT YOUR OWN RISK.
A possibility exists that the
Site could include inaccuracies or errors, or materials or resources that
breach there Terms of Use (specifically, the Code of Conduct above).
Furthermore, a possibility exists that unauthorized alterations could be
made by third parties to the Sites. Although we attempt to make sure of
the reliability of the Sites, we make no guarantees as to the Site’s
completeness, totality, correctness or accuracy. In the event that such a
situation arises, please contact us via electronic mail at
angeltrades.net/questions with, if possible, a description of the material
to be checked and the location (URL) where such material can be found on
the Site, as well as information adequate to allow us to contact you. We
will make every attempt to address your concerns as quickly as
realistically practicable. For copyright infringement claims, see the
section on “Claims of Copyright Infringement” above.
Limitation of
Liability: NEITHER ITWA, INC. NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES,
AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
SECONDARY, CONSEQUENTIAL, INDIVIDUAL, SPECIAL, EXEMPLARY, PUNITIVE AND/OR
OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY AND/OR
OTHER HYPOTHESIS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR
CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH
THE SITE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WHATSOEVER WITH THE
SITE AND/OR CONTENT CONTAINED WITH THE SITE IS TO STOP USING THE SITE. THE
SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY AND BUSINESS FOR ALL
DAMAGES, LOSSES, SUFFERERS AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORO
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE
TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OF ITWA,
INC.
Indemnification (HOLD HARMLESS): You agree to indemnify,
defend, support and hold us, our officers, directors, employees, agents
and representative harmless from and against any and all claims, damages,
losses, costs, (including all attorneys’ fees), and/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 pass on to the Site
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 correlation with the Site or any services related to
the Site.
Miscellaneous: This Agreement is governed by and
construed in accordance, in harmony and in agreement with the laws of the
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 Portland, Oregon, United State of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. If
any provision of this Agreement is established to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not have an effect on the validity
and enforceability of any of the remaining provisions. This agreement is
not assignable, transferable or sub-licensable by you except with the
prior written consent of ITWA, Inc. No waiver by either party of any
breach, violation or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. Any heading, caption,
description, subtitle or section title contained in this agreement is
inserted only as a matter of convenience and in no way defines or explains
any section of provision hereof. This, together with all AngelTrade
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.
Legal
Notices. Under California Civil Code Section 1789.3, California residents
are entitled to the following specific consumer rights
information:
Pricing Information: Current rates for our Services
may be obtained via electronic mail at billing@angeltrades.net. We reserve
the right to change fees, surcharges, monthly or other periodic
subscription fees or to institute new fees at any time as provided in this
Agreement.
Complaints: The Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer Affairs may be
contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by
telephone at (916)
445-1254. |
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