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BULLMARKETWORLD.COM
TERMS OF USE AGREEMENT
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES.
PLEASE READ IT CAREFULLY.
Last revised: April, 2006
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE
USING THIS WEBSITE.
Bull Market World, LLC
("we" "us", "BullMarketWorld.com") provides
the website known as BullMarketWorld.com, as well as all
services related to the website ("the Site"), including various
newsletters ("Newsletters") currently consisting of The REIT Report and Bull Market Stock & Options Trader and subject to your compliance with the terms and conditions
set forth in this Agreement. By using the Site or Newsletters,
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.
This Agreement is made between BullMarketWorld.com 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 the Site; or Change any fees or
charges for use of the Site.
Be sure to review this Agreement periodically to ensure familiarity
with the most current version.
BullMarketWorld.com
is a publisher. We are not registered
as a securities broker-dealer or an investment adviser either
with the U.S. Securities and Exchange Commission or with any
state securities regulatory authority. The material provided
on the Site is for general informational purposes only. No
information on the Site is intended as securities brokerage,
investment, tax, accounting or legal advice, as an offer or
solicitation of an offer to sell or buy, or as an endorsement,
recommendation or sponsorship of any company, security, or fund.
The information on the Site should not be relied upon
for purposes of transacting securities or other investments.
We cannot and do not assess, verify or guarantee the adequacy,
accuracy or completeness of any information, 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 and decisions,
and should seek the advice of a qualified securities professional
before making any investment. Any sale or purchase of
securities or ownership interest that results from information
presented on the Site will be on a negotiated basis between
the parties without any additional participation by or remuneration
to BullMarketWorld.com.
Privacy.
Our policy with respect to the collection and use of your personal
information is set forth in our Privacy Policy.
Code of Conduct. While using the Site you agree
not to:
- Restrict or inhibit any
other visitor or member from using the Site, including, without
limitation, by means of "hacking" or "cracking"
or defacing any portion of any of the Site;
- Use the Site 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 the Site;
- Remove any copyright, trademark,
or other proprietary rights notices contained in the Site;
- Frame" or "mirror"
any part of the 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 the Site or its contents;
- Harvest or collect information
about Site visitors or members without their express consent;
or
- Permit anyone else whose
account or subscription was terminated to use the Site through
your subscription, username or password.
While using the Site you agree to comply with all applicable
laws, rules and regulations.
Registration for Subscription Sites. To
have unlimited access to BullMarketWorld.com, you must be or become
a member. When and if you register to become a member,
you agree to (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 your use
of the Site.
You agree not to transfer or resell your use of or access to BullMarketWorld.com
to any third party. If you are a BullMarketWorld.com subscriber, and you
have reason to believe that your online account is no longer
secure, you must promptly change your password by updating your
account information and immediately notify us by emailing us
at Susan@BullMarketWorld.com.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
(INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Payment and Renewal. Current subscription rates and
charges for BullMarketWorld subscriptions are available by email at
Webmaster@BullMarketWorld.com.
Payment for your subscription is due in advance of the subscription
period you select. Your subscription will continue 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 your subscription will
be billed automatically at the beginning of each renewal period
to the credit card you designated during the registration process
(or subsequently changed) unless you cancel your subscription
before the renewal period begins.
You agree to pay all fees and charges incurred in connection
with your subscription to the Services (including any applicable
taxes) at the rates in effect when the charges were incurred.
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 attorneys' and collection agency fees.
Cancellation. You may cancel your subscription
to any Newsletter by notifying our Customer Service Department
at Cancel@BullMarketWorld.com. Cancellation will take effect
no later than 10 business days after we receive your notification.
Monthly subscriptions will not be reimbursed or refunded. Any
delinquent or unpaid amounts must be paid in full before you
may re-subscribe.
Termination. This Agreement shall remain effective
until terminated in accordance with its terms. BullMarketWorld.com
may terminate this Agreement, and/or your access to and use
of the Site or any portion thereof, 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 monies that may be
due according to the cancellation policy as defined on the Site,
to terminate this Agreement without cause.
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 rules 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 at your risk.
Sweepstakes, Contests, and Games. Any sweepstakes,
contests, and games that are accessible through the Site are
governed by specific rules. By entering such sweepstakes
or contests or participating in such games you will become subject
to those rules.
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 BullMarketWorld.com or one of its subsidiaries infringe your copyright
(for example, materials posted to a Message Board), 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 to Webmaster@BullMarketWorld.com. 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. ©2003-2006 BullMarketWorld.com. 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 your 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 of our
copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership
rights by using the Site.
"BullMarketWorld.com", "The REIT
Report", "Bull Market Stock & Options Trader", and the "BullMarketWorld.com"
tag line and logo are all trademarks and/or service marks of BullMarketWorld.com. All other trademarks, service marks, and
logos used on the Site are the trademarks, service marks, or
logos of their respective owners.
Jurisdictional Issues. The Site is solely directed
to individuals residing in the United States. We make no representation
that materials in the Site are appropriate or available for
use in other locations. Those who choose to access the
Site 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 the Site and/or the provision
of any service or product described thereon 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. The Site may contain
links to other Internet websites or resources. We neither control
nor endorse such other websites, nor 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, the materials on the Site,
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 or implied. To
the fullest extent permissible pursuant to applicable law, BullMarketWorld.com,
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 the Site. Applicable
law may not allow the exclusion of implied warranties, so the
above exclusions may not apply to you. BullMarketWorld.com
and its affiliates, suppliers, agents and sponsors do not warrant
that your use of the Site will be uninterrupted, error-free,
or secure, that defects will be corrected, or that the Site
or the server(s) 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 other equipment needed to access and use
the Site, and all charges related thereto. You assume
total responsibility and risk for your use of the Site and your
reliance thereon. No opinion, advice, or statement of BullMarketWorld.com
or its affiliates, suppliers, agents, members,
or visitors, whether made on the Site or otherwise, shall create
any warranty. Your use of the Site and any materials provided
through the Site is entirely at your own risk.
A possibility exists that the Site 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 the Site. Although we attempt to ensure the
integrity of the Site, we make no guarantees as to the Site's
completeness or correctness. In the event that such a
situation arises, please contact us at Webmaster@BullMarketWorld.com
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 sufficient to enable us to contact
you. We will try to address your concerns as soon as reasonably
practicable. For copyright infringement claims, see the
section on "Claims of Copyright Infringement" above.
Limitation of Liability. Neither BullMarketWorld.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 the Site and/or content
contained on the Site, or any product or service purchased through
the Site. Your sole remedy for dissatisfaction with the Site
and/or content contained within the Site is to stop using the
Site. 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, to access the
Site.
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 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 connection with the Site or any services related
to the Site.
Miscellaneous. This Agreement is governed by and
construed in accordance with the laws of the State of Virginia,
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 Fairfax County, Virginia,
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 BullMarketWorld.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.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS
OF USE AGREEMENT
Thank you.
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