THIS AGREEMENT WAS LAST UPDATED ON May 30th, 2017
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2. Legal Disclaimer. TechCharts.Net and Big League Finance LLC are a content provider and publisher and is not a registered broker-dealer. By accessing TechCharts.Net and Big League Finance websites and/or using TechCharts.Net and Big League Finance products and services, including without limitation any and all content available on or through the Service, you understand and agree that the material provided in TechCharts.Net and Big League Finance products and services is for informational and educational purposes only, and that no mention of a particular security in any TechCharts.Net and Big League Finance product or service 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 and agree 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 TechCharts.Net and Big League Finance product or service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand and agree that any TechCharts.Net and Big League Finance product or service may contain opinions from time to time with regard to any securities mentioned in other TechCharts.Net and Big League Finance products or services, and that those opinions may be different from those contained in another TechCharts.Net and Big League Finance product or service. 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 cases where the position is held at the time of publication, appropriate disclosure is made as of the time of publication.
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You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family, with the following two exceptions:
(i) You may occasionally distribute a copy of an article or a portion of an article from TechCharts.Net and Big League Finance in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in TechCharts.Net and Big League Finance , original source attribution, and the phrase “Used with permission from TechCharts.Net and Big League Finance .com” or “Used with permission from TechCharts.Net and Big League Finance Media, INC.” Please contact us if you need to distribute content from TechCharts.Net and Big League Finance to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement. You can contact us via the “Contact Us” section of TechCharts.Net and Big League Finance, located in the Company section in the main navigation on the left side of every page.
(ii) You may use our “E-mail to a Friend” service, as it is available, to e-mail an article from TechCharts.Net and Big League Finance to a few individuals, without charge.
c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. Without limiting the generality of this Section 6, you agree not to post any Content from TechCharts.Net and Big League Finance to newsgroups, mail lists or electronic bulletin boards, without our written consent.
To request consent for uses of the Content and Service not expressly permitted by this Agreement, please contact TechCharts.Net and Big League Finance customer service at email@example.com and www.bigleaguefinance.com.
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8. Code of Conduct. While using any TechCharts.Net and Big League Finance product or service, you agree not to:
Restrict or inhibit any other visitor or member from using any TechCharts.Net and Big League Finance product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the TechCharts.Net and Big League Finance web site;
Use any TechCharts.Net and Big League Finance product or service for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Engage in spamming;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
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Remove any copyright, trademark, or other proprietary rights notices contained in the TechCharts.Net and Big League Finance web site;
“Frame” or “mirror” any part of TechCharts.Net and Big League Finance web site 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 TechCharts.Net and Big League Finance product or service or its contents;
Harvest or collect information about visitors to or members of TechCharts.Net and Big League Finance without their express consent; or
Permit anyone without an account or subscription to use any TechCharts.Net and Big League Finance product or service through your subscription, user name or password.
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9. Additional Representations and Warranties. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and TechCharts.Net and Big League Finance ‘s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
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YOU ACKNOWLEDGE THAT TECHCHARTS.NET AND BIG LEAGUE FINANCE PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF TECHCHARTS.NET AND BIG LEAGUE FINANCE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF TECHCHARTS.NET AND BIG LEAGUE FINANCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
YOU AGREE THAT THE MAXIMUM LIABILITY OF TECHCHARTS.NET AND BIG LEAGUE FINANCE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY TECHCHARTS.NET AND BIG LEAGUE FINANCE PRODUCTS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. TechCharts.Net and Big League Finance make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. General. This Agreement contains the final and entire agreement between you and TechCharts.Net and Big League Finance LLC regarding your use of TechCharts.Net and Big League Finance and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of TechCharts.Net and Big League Finance. TechCharts.Net and Big League Finance LLC may discontinue or change TechCharts.Net and Big League Finance, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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14. Notification Procedures. TechCharts.Net and Big League Finance may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by TechCharts.Net and Big League Finance in our sole discretion. TechCharts.Net and Big League Finance reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.