This Stockgroup web site (the "Service") is an online information and communications
service provided by Stockgroup Information Systems Inc. ("Stockgroup"), subject to your compliance
with the terms and conditions of use set forth in this Terms of Use Agreement
(this "TOU Agreement").
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE ACCESSING OR USING THE SERVICE.
STOCKGROUP PROVIDES THE SERVICE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS
SET FORTH BELOW. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. STOCKGROUP MAY TERMINATE YOUR ACCESS
TO THE SERVICE AT ANY TIME FOR ANY REASON, INCLUDING YOUR VIOLATING THE TERMS OF THIS TOU AGREEMENT.
Copyright All images, text, programs, and other materials and content (collectively, the "Content") found
within the Service are protected by United States and international copyright laws and other
laws relating to the protection of intellectual and proprietary property. Stockgroup owns the
copyright and intellectual property rights in and to the Content. Except as expressly provided
within the software license agreements applicable to your downloading of Stockgroup software elsewhere
within the Service, any commercial use of the Content is strictly prohibited, without the express
written consent of Stockgroup. You agree not to change or delete any proprietary notices from materials
downloaded from the Service.
Trademarks The names, logos, taglines and other marks identifying Stockgroup and its products and services are
proprietary marks of Stockgroup. All other trademarks and service marks are the property of their
respective owners.
Content Submissions Certain areas within the Service allow for the exchange of information between you, Stockgroup and
other parties. Any submission by you becomes the property of Stockgroup, and you expressly grant to
Stockgroup the authority and right to use such submission in accordance with Stockgroup privacy policies.
Further, you agree to grant to Stockgroup a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sublicense, to reproduce, distribute, transmit, create deriIVAive works of,
publicly display and publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services) you submit to
public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and
in any media now known or hereafter developed. You also grant to Stockgroup the right to use your
name in connection with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto. You agree that you shall
have no recourse against Stockgroup for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to us. You acknowledge that transmission to and from the
Service is not confidential and your transmissions may be read or intercepted by others. You
acknowledge that by making submissions to the Service, no confidential, fiduciary, contractually
implied or other relationship is created between you and Stockgroup other than pursuant to this TOU
Agreement.
Software Downloads Certain locations within the Service allow for you to download and use software. You agree to be
bound by the terms and conditions of a separate software license agreement that will be presented
to you prior to your downloading, accessing and using the software. Stockgroup cannot and does not
guarantee or warrant that files available for downloading through the Service will be free of
infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining a means
external to the Service for the reconstruction of any lost data.
Modifications of TOU Agreement Stockgroup reserves the right, at its sole discretion, to change, modify, add or remove any portion
of this TOU Agreement, in whole or in part, at any time. You agree to review this TOU Agreement
periodically to be aware of such modifications and your continued access or use of the Service
shall be deemed your conclusive acceptance of the modified TOU Agreement.
Modifications of TOU Agreement Stockgroup may change, suspend or discontinue any aspect of the Service at any time, including the
availability of any feature, database, or Content. Stockgroup may also impose limits on certain features
and services or restrict your access to parts or all of the Service without notice or liability.
User Responsibilities Your participation in online communications occurs in real time and is not edited, censored, or
otherwise controlled by Stockgroup and Stockgroup does not necessarily screen content provided by users of
the Service. Notwithstanding the foregoing, Stockgroup reserves the right to monitor content on the
Service and to remove content which Stockgroup, in its sole discretion, determines to be harmful,
offensive, or otherwise in violation of law or the terms of this TOU Agreement. Further, Stockgroup
reserves the right at all times to disclose any information as necessary to satisfy any law,
regulation or government request.
In order to maintain an informative and valuable service
that meets the needs of the users of the Service and avoids the harm that can result from
disseminating statements that are false, malicious, violate the rights of others, or otherwise
harmful, it is necessary to establish the following rules to protect against abuse. Accordingly,
you represent, warrant and covenant that you shall not upload, post or transmit to or distribute
or otherwise publish through the Service any materials which (i) restrict or inhibit any other
user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or
encourage conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or publicity or any other
proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain
false or misleading indications of origin or statements of fact.
Indemnification You hereby agree to indemnify, defend and hold Stockgroup, and all its officers, directors, owners,
agents, employees, information providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties') harmless from and against any and all liability and costs incurred by the
Indemnified Parties including, without limitation, attorneys fees and costs, in connection with
any claim arising out of any violation by you of this TOU Agreement. You shall cooperate as fully
as reasonably required in the defense of any claim. Stockgroup reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by
you and you shall not in any event settle any matter without the written consent of Stockgroup. Each
of the Indemnified Parties shall have the right to assert and enforce these provisions directly
against you on its own behalf.
Links The Service contains links and pointers to the other World Wide Web Internet sites and resources.
Links to and from the Service to other third party sites, maintained by third parties, do not
constitute an endorsement by Stockgroup of any third party resources, or their contents. Stockgroup is
not responsible in any way for such third party sites and related content.
Use of Service You understand that, except for information, products or services clearly identified as being
supplied by Stockgroup, Stockgroup does not operate, control or endorse any information, products or
services on the Internet in any way. Except for Stockgroup-identified information, products or services,
all information, products and services offered through the Service or on the Internet generally
are offered by third parties that are not affiliated with Stockgroup and Stockgroup does not represent or
endorse the accuracy or reliability of any advice, opinion, statement, or other information
displayed or distributed. It is solely your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and other information provided through
the Service or on the Internet generally.
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE
ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SERVICE AND THE INTERNET. STOCKGROUP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES
OF ANY KIND, WITH REGARD TO THE SERVICE OR ANY CONTENT, MATERIALS, SOFTWARE, INFORMATION AND
FUNCTIONS MADE AVAILABLE THROUGH THE SERVICE. STOCKGROUP EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. STOCKGROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE SERVICE OR
ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVICE OR CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL STOCKGROUP BE LIABLE FOR ANY COST OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR
HYPERLINKED FROM THE SERVICE, OR YOUR RELIANCE ON THE INFORMATION CONTAINED WITHIN THE SERVICE
OR RELATED SUPPORT SERVICES OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL,
OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Governing Law This TOU Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia, without regard to conflicts of laws provisions. Sole and exclusive
jurisdiction for any action or proceeding arising out of or related to this TOU Agreement
shall be with an appropriate federal or state court located in the Commonwealth of Virginia.
Miscellaneous This TOU Agreement constitutes the entire agreement between Stockgroup and you with respect to your
use of the Service. If for any reason a court of competent jurisdiction finds any provision of
this TOU Agreement, or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to further the intent of this TOU Agreement, and the
remainder of this TOU Agreement shall continue in full force and effect.
Copyright 2005 TeleCommunication Systems
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