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CLEARSTATION MEMBER AGREEMENT
BY COMPLETING
THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS MEMBER AGREEMENT,
JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO
BE BOUND BY THIS MEMBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT
PROCESS. AGREEMENT BETWEEN USER AND CLEARSTATION
This Web
site (the "Web site") is offered to you (hereinafter referred to as "Member")
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of this Web site constitutes your
agreement to all such terms, conditions, and notices. The right to use
this Web site and any other product or service offered by ClearStation,
Inc. ("ClearStation"), is personal to Member and is not transferable by
assignment, sublicense, or any other method to any other person or entity.
MEMBER
INFORMATION
Member shall
provide ClearStation with accurate, complete, and updated information
as to his or her real name and a valid email address provided by Member
at registration. In each case, failure to do so shall constitute a breach
of this agreement.
No member
may (i) select or use a username or email address of another person with
the intent to impersonate that person or entity; (ii) use a username or
email address subject to the rights of any person other than Member without
authorization; (iii) use a username in violation of the intellectual property
rights of any person; or (iv) use a username that ClearStation, at its
sole discretion, deems offensive.
PASSWORD
DISCLOSURE
Member acknowledges
that his or her right to use this Web site and other products or services
offered by ClearStation is unique or specific to Member and is not transferable
by assignment, sublicense, or any other method to any other person or
entity. Any attempt to transfer Member's right to use this Web site is
void and shall constitute a breach of this Agreement.
Member shall
take any and all actions necessary to maintain the privacy of his or her
password. In the event Member has reason to believe that a third party
has access to Member's account, Member shall promptly change their account
password by going to the "Adjust Preferences" portion of the site and
following the directions listed and, if any such problem persists, notify
ClearStation (by notice given to help@clearstation.com).
PERSONAL
AND NON-COMMERCIAL USE LIMITATION
This Web site is for
Member's personal and non-commercial use. Member may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products
or services obtained from this Web site.
NATURE
OF SERVICE
ClearStation is neither
an investment advisory service nor an investment advisor. We are not investment
advisors and do not purport to tell people, or suggest to people, what
they should buy or sell for themselves.
Investors
should always check with their licensed financial advisor, including their
tax advisor, to determine the suitability of any investment. ClearStation
recommends that anyone trading securities should do so with caution, and
prior to the execution of a security trade based upon information learned
at ClearStation, members are advised to consult with their broker or other
financial representative.
All investors
are encouraged to fully investigate any security before making an investment.
Investors should obtain annual reports and other company information to
complete their own due diligence in any investment. As a starting point
to this investigation, the Securities and Exchange Commission (the "SEC")
maintains a Web site that contains reports, proxy and information statements,
and other information regarding certain companies that file electronically
with the SEC. In addition, the SEC also provides information on various
kinds of cyberfraud they see occurring. The address of this Web site is
http://www.sec.gov/. Likewise, the National Association of Securities
Dealers Regulation provides their own insights on how to invest carefully
online at http://www.nasdr.com/.
Neither ClearStation
nor anyone affiliated with ClearStation is responsible for any investment
decision made.
ClearStation
has made all reasonable efforts to ensure that all information provided
on its own Web site on the Internet is accurate at the time of inclusion;
however, there may be inadvertent and occasional errors for which ClearStation
apologizes.
The information
contained within this Web site is the property of the original publisher.
While we strive to present accurate and useful information, ClearStation
makes no guarantee of accuracy or completeness. All information and opinion
expressed herein is subject to change without notice. Opinions and recommendations
contained herein should not be construed as investment advice. Do not
assume that any recommendations, insights, charts, theories, or philosophies
will ensure profitable investment.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
A.
MEMBER EXPRESSLY AGREES THAT USE OF THE FORUMS AND THIS WEB SITE ARE AT
HIS OR HER SOLE RISK. NEITHER CLEARSTATION, ITS AFFILIATES, NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR
LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY,
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
THIS WEB SITE OR THE FORUMS.
B. THIS WEB
SITE AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
C. THE DISCLAIMERS
OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES
THAT CLEARSTATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE FORUMS
AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH
MEMBER.
D. IN NO
EVENT WILL CLEARSTATION OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY
TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THIS WEB SITE AND THE FORUMS.
E. CLEARSTATION
NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT ON THIS WEB SITE AND FORUMS, NOR FOR
ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE
OTHER THAN AUTHORIZED CLEARSTATION EMPLOYEE SPOKESPERSONS WHILE ACTING
IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL CLEARSTATION
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION
OBTAINED THROUGH THE CONTENT ON THIS WEB SITE AND/OR ANY POSTING ON THE
FORUMS. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER
CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR THE FORUMS. PLEASE SEEK
THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION
OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING
BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION,
ADVICE, OR OTHER CONTENT.
F. CLEARSTATION
DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED
BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. MEMBER
SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL CLEARSTATION, ITS AFFILIATES,
OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
(i) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY
AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD
PARTY IN CONNECTION WITH THE SERVICE.
H. MEMBER
AGREES THAT THE LIABILITY OF CLEARSTATION, ITS AFFILIATES, AGENTS, AND
LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN
CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE
OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT MEMBER
PAID TO CLEARSTATION, INC., FOR USE OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
INDEMNIFICATION
Member agrees to indemnify
and hold ClearStation, its parent, its employees, its officers, and its
agents harmless from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from Member's use of this Web site or from
Member's violation of this Agreement or any third party's rights including
but not limited to copyright, property, and privacy rights. This indemnification
and hold harmless obligation will survive this Agreement and Member's
use of this Web site.
LINKS
TO THIRD-PARTY SITES
This Web site contains
hyperlinks to other Web sites operated by parties other than ClearStation,
and other resources and advertisers. Such hyperlinks are provided for
Member's reference only. ClearStation is not responsible for the availability
of these external sites, nor is it responsible for any of the contents,
advertising, products, or other materials on such external sites. ClearStation's
inclusion of hyperlinks to such Web sites does not imply any endorsement
of the material on such Web sites or any association with their operators.
Under no circumstances shall ClearStation be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to have
been caused in connection with the use of or reliance on any content,
goods, or services available on such external site. Any concerns regarding
any external link should be directed to its respective site administrator
or webmaster.
USE OF
BULLETIN BOARDS, CHAT ROOMS, AND OTHER COMMUNICATION FORUMS
Member is solely responsible
for any information Member posts in electronic bulletin boards, chat rooms,
or other message or communication facilities (collectively, "Forums")
on or related to this Web site. This Web site and the Forums shall be
used for lawful purposes only. No material shall be posted on or transmitted
through the Forums which violates or infringes in any way upon the rights
of others , which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane, indecent, or
otherwise objectionable, which encourages conduct that would constitute
a criminal offense, gives rise to civil liability, or otherwise violates
any law. No conduct shall be undertaken that, in ClearStation's judgment,
restricts or inhibits any other user from using or enjoying the Forums.
The Forums shall not be used to solicit other members to become users
of competitive online information services. Advertising or commercial
solicitation may be posted on or transmitted through the Forums subject
to ClearStation's express prior approval and solely in accordance with
the terms and conditions imposed by ClearStation with respect thereto.
If ClearStation is notified or becomes aware that a message posted on
ClearStation's Forums violates the legal rights of others or the stated
guidelines for posting messages, ClearStation reserves the right to remove
the message.
Member agrees
not to upload, post, or otherwise make available on this Web site any
material protected by copyright, trademark, or other proprietary rights,
without the express permission of the owner of the copyright, trademark,
or other proprietary right. The burden of determining that any material
is not protected by copyright rests with Member. Member shall be solely
liable for any damages resulting from any infringement of copyrights,
trademarks, proprietary rights, or any other harm resulting from any uploading,
posting, or submission.
Member agrees
not to upload files to this Web site that contain viruses, corrupted files,
or other similar software or programs that may damage the operation of
another person's computers, software, Web sites, or network. Member will
be solely responsible for damages arising from any claims that files posted
by Member caused damage to the operation of another person's computer,
software, Web sites, or network.
Member agrees
not to advertise or offer to sell any goods or services, or promote any
surveys, contests, chain letters, or any commercial purpose on this Web
site.
Member acknowledges
that all Forums are public and not private communications. ClearStation
shall have the right, but not the obligation, to monitor the content of
the Forums to determine compliance with this agreement and any other operating
rules established by ClearStation. Further, Member acknowledges that chats,
postings, conferences, and other communications by other users are not
endorsed by ClearStation, and such communications shall not be considered
reviewed, screened, or approved by ClearStation. ClearStation reserves
the right in its sole discretion to edit, refuse to post, or remove any
material submitted to or posted on the Forums. Without limiting the foregoing,
ClearStation shall have the right to remove any material or contents of
the Forums received from users, including without limitation bulletin
board postings, that ClearStation, in its sole discretion, finds to be
in violation of the provisions hereof, otherwise objectionable, or stale.
Furthermore, ClearStation reserves the right, in its sole discretion,
to deny any Member's access to this Web site or any portion thereof, without
notice.
COPYRIGHT
AND LIMITATIONS ON USE
The information available
through this Web site is the property of ClearStation or its licensors
and is protected by copyright and other applicable laws, treaties, and
conventions. All rights reserved. Information received through this Web
site may be displayed, reformatted, and printed for Member's personal,
non-commercial use only. Member agrees not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the information received
through this Web site to anyone, including but not limited to others in
the same company or organization, without the express prior written consent
of ClearStation.
ClearStation
reserves the right to republish the material contributed by our readers.
By posting a message, Member expressly grants to ClearStation the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform, and display any message posted in the Forums (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed.
Certain names,
logos, and/or phrases on these pages may constitute trademarks and/or
copyrights of ClearStation or its clients. The mark "ClearStation" and
the contents of this Web site are the sole property of ClearStation, Inc.
Reproduction in whole or in part is strictly prohibited without explicit
written permission from ClearStation.
TRADEMARKS
The ClearStation yellow
box/arrow design, ClearStation, ClearStation and Design, Three-Point Investing,
Three-Point Event Tracking, The A-List, Tag & Bag, ClearHeads, "The
Intelligent Investment Community," kensey, The Right Edge, Trend
Trading, "Where it all becomes Clear," and www.clearstation.com
are servicemarks, trademarks, or registered trademarks of ClearStation,
Inc., and may not be used without the express written permission of the
company. Don't do it, man!
MODIFICATION
OF THESE TERMS AND CONDITIONS
ClearStation shall
have the right at any time to impose, change, or modify the terms and
conditions applicable to Member's use of this Web site, or any part thereof,
including, but not limited to, content, hours of availability, and equipment
needed to access or use, and/or Member's use of the Forums or any part
thereof, or to impose new terms and conditions. Such changes, modifications,
additions, or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on
the Web site and/or the Forums a revised version of this Agreement, and
notification by electronic or conventional mail. If any such change is
unacceptable to Member, Member may terminate his or her membership account
as provided in the section below. Any use of this Web site and/or any
use of the Forums by Member after such notice (other than to terminate
Member's subscription pursuant to the section below) shall conclusively
be deemed to constitute acceptance by Member of such changes, modifications,
additions, or deletions. Member agrees to review the terms and conditions
periodically to be aware of such revisions. Member may also be subject
to additional terms and conditions imposed by third-party content providers
in connection with third-party content, software, or services.
TERMINATION
Either ClearStation
or Member may terminate this Agreement at any time. Member's only right
with respect to any dissatisfaction with (i) any terms and conditions
of this Agreement, or any policy or practice of ClearStation in operating
this Web site and/or the Forums, (ii) content available through this Web
site or any change therein, or (iii) amount or type of fees or billing
methods, or any change thereof, is to terminate this Agreement by sending
a written notice to 300 Montgomery Street, Suite 1100, San Francisco,
CA 94104, by sending email to help@clearstation.com, or by going to and
following the directions listed. Member's notice of termination will be
effective upon receipt by ClearStation. ClearStation has no obligation
to provide Member with notice of termination. Fees paid for any subscription
term are paid in advance and are not refundable in whole or in part, provided,
however, that in the event of termination by ClearStation for any reason
other than breach of this Agreement by Member or termination by Member
in accordance with provisions (i), (ii), or (iii) above, in which Member
identifies the termination as resulting from changed terms, ClearStation
shall make a pro rata refund to Member.
The terms
of the sections of this Agreement entitled Copyright and Limitations on
Use, Disclaimers of Warranties and Limitations of Liability, and Indemnification,
shall remain in effect after this Agreement has terminated by ClearStation
or by Member.
EQUIPMENT
Each Member shall be
responsible for obtaining and maintaining all telephone, computer hardware
and other equipment needed for access to and use of this Web site, and
Forums, and Member shall be responsible for all charges related thereto.
PRIVACY
Personal data provided
by Member to ClearStation will be used only in connection with services
provided on this Web site and will not be given to unaffiliated third
parties except as required by law. While ClearStation will seek to require
third-party content providers and other parties to adhere to ClearStation's
privacy policies, ClearStation does not bear any responsibility for any
actions or policies of such third parties. Member should be aware that
when Member voluntarily discloses personal information (e.g., username,
email address) in the Forums, that information can be collected and used
by others and may result in unsolicited messages from other posters or
parties.
MISCELLANEOUS
This Agreement and
any operating rules for this Web site and the Forums established by ClearStation
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall
be governed by and construed in accordance with the laws of the State
of California, without regard to its conflict of laws rules. 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. The section
headings used herein are for convenience only and shall not be given any
legal import.
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