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THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT
CAREFULLY.
Alpha
Equities, LLC Terms of Service
Last
revised:
December 20,
2005
PLEASE
READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Alpha
Equities, LLC ("we," "us") provides the website known as aestocks.com 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, you may 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, you may not access or use the Site.
This
Agreement is made between Alpha Equities, LLC 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 any 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.
The
material provided on our Site is for 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 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 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 and decisions, and should seek
the advice of a qualified securities professional before making any investment.
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 aestocks.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.
As
part of the registration process, you will be asked to select a username and
password. We may refuse to grant you a username that impersonates someone else,
is or may be illegal, is or may be protected by trademark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion, as
determined by us in our sole discretion. You agree not to share, transfer or
resell your use of or access to aestocks.com to any third party. If you are an
aestocks.com member, and you have reason to believe that your account is no
longer secure, you must promptly change your password by updating your account
information, and immediately notify us via electronic mail at
billing@alphaequitiesllc.com . 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. Current subscription rates and charges for aestocks.com are
available via electronic mail at billing@alphaequitiesllc.com
, or on the aestocks.com Subscription page. Payment for your subscription
is due in advance of the subscription period you select. You may cancel your
membership at any time during the first thirty days (thirty day free trial).
After the thirtieth 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 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 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
correct. 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 aestocks.com by notifying our Billing
Department via electronic mail at billing@alphaequitiesllc.com
. Cancellation will take effect no later than 3 business days after we receive
your notification. There are no refunds on subscriptions. 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. Alpha Equities, LLC 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 whole months remaining on your subscription, to terminate
this Agreement without cause.
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", "mirror" or link to 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 content; 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 any of the Site through your subscription, username or password. While
using the Site you agree to comply with all applicable laws, rules and
regulations.
Submissions.
Please note that, because we receive many emails and suggestions from our
members, and sometimes redistribute materials you give us, we need to obtain
certain rights in those materials. By sending or transmitting to us creative
suggestions, ideas, notes, concepts, information, 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, 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
provider of the Materials. None of the Materials disclosed shall be subject to
any obligation, whether of confidentiality, attribution, or otherwise, on our
part and we shall not be liable 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 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.
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 Alpha Equities, LLC. 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
support@alphaequitiesllc.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. Alpha Equities, LLC 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.
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, ALPHA EQUITIES, LLC AND ITS 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. Applicable law may not
allow the exclusion of implied warranties, so the above exclusions may not
apply to you. ALPHA EQUITIES, LLC 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 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 ALPHA EQUITIES, LLC OR ITS 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 ARE 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 via electronic mail to support@alphaequitiesllc.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 ALPHA EQUITIES, LLC NOR ITS 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.
Arbitration.
Any controversy or claim arising out of or relating to this contract, or the
breach thereof, the content of the Site or the use of any information obtained
from Alpha Equities, LLC regardless of the medium of transmission, shall be
settled by arbitration administered by the American Arbitration Association
under its Commercial Arbitration Rules, in front of one arbitrator, and
judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Miscellaneous.
This Agreement is governed by and construed in accordance with the laws of the
State of
Florida,
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
Palm Beach County,
Florida,
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 Alpha Equities, LLC's
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.
Complaints
should be directed to: support@alphaequitiesllc.com
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