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SITE AGREEMENT FOR MARKETCOMPASS.COM
THIS AGREEMENT WAS LAST UPDATED ON November 16, 2001.
BY USING MARKETCOMPASS.COM ("THE SERVICE") AFTER November 16, 2001,
YOU ARE AGREEING TO BE BOUND BY THIS SITE AGREEMENT, INCLUDING ALL
AMENDMENTS AND CHANGES MADE TO THIS SITE AGREEMENT. YOUR USE OF THE
SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS IN
THIS SITE AGREEMENT.
MarketCompass.com is an Internet education and information service
published by Market Compass, Inc. ("Market Compass") that contains,
among other items, information, interactive forums and features,
software, graphics, audio and video content, instructional and other
materials owned by Market Compass or third parties (collectively, the
"Content"). By using the Service, you are indicating that you are 18
years old or older, and agree to be bound by all of the terms in this
Site Agreement. You may print and keep a copy of this Agreement. Market
Compass may change the terms in this Site Agreement at any time. When
the terms are changed, Market Compass will notify you by e-mail or
online postings. The changes also will appear in this document, which
you can access at any time by clicking on the Legal found at the bottom
of each page. If you do not agree to be bound by the changes, you must
not use the Service again. Your use of the Service after Market Compass
has notified you of a change in the Site Agreement constitutes your
binding acceptance of the Site Agreement as changed.
PRIVACY OF INFORMATION
Market Compass may use the information to inform you about other Market
Compass publications, products and services, unless you notify Market
Compass that you do not wish to receive this information. Market Compass
also may deliver additional messages about this Service to you by
e-mail. As a general policy, Market Compass does not disclose to third
parties any specific personal identifying information about you, such
as your name, address, phone number, or email address ("Personal
Identifying Information"). Market Compass will not disclose any of your
Personal Identifying Information to a third party without first
notifying you and giving you an opportunity to elect not to have your
Personal Identifying Information disclosed. Please
read our Privacy Policy for more details.
FEES AND PAYMENTS
We charge fees for certain Seminars and Courses. The fees and charges
for each Fee-Based Service you register for will be billed to your
credit card at the time you register for it. You agree to pay or have
paid all fees and charges incurred in connection with your name
(including any applicable taxes) at the rates in effect when the charges
were incurred. Market Compass may change the fees and charges then in
effect, or add new fees or charges, by giving you notice in advance.
Any refund or cancellation policy for a Fee-Based Service will be made
available to you at the time of registration for a Fee-Based Service.
If you want to designate a different credit card or there is a change
in your credit card validity or expiration date, or if you believe
someone has accessed the Service using your user name or password
without your authorization, you must call Market Compass at (415)
982-0431. You also are responsible for all fees and charges for computer
equipment, browser or other software, Internet access services, or other
products or services necessary to access and use the Service. All fees
and charges in the Service are set forth in U.S. Dollars, and shall be
paid in U.S. Dollars.
RESPONSIBILITY FOR USE OF THE SERVICE
You are responsible for ensuring that all use of the Service using your
name complies with this Site Agreement. You may not use the Service for
any unlawful purpose. You may not use the Service to send commercial
messages, advertising, promotional materials or solicitations of funds
or goods or services. Market Compass reserves the right, at its sole
discretion, to the Service at any time, for any reason, without prior
notice or liability to you.
COPYRIGHT AND LIMITATIONS ON USE
The Content is the property of Market Compass or its licensors and is
protected by copyright and other intellectual property laws. You agree
not to store electronically any portion of the Content or to create an
archive of portions of the Content. Except as expressly permitted in
this Agreement or under the applicable copyright laws, you agree not to
reproduce, modify, create derivative works from, retransmit, distribute,
display, perform, sell, publish, broadcast or circulate any of the
Content, in whole or in part, without the express prior written consent
of Market Compass. To request consent, please contact us via email at
info@marketcompass.com. You
may, however, on an occasional basis, download, reformat and print
insubstantial portions of the Content for your personal, noncommercial
use, provided you include all copyright and other proprietary rights
notices with such portion of the content in the same form in which the
notices appear in the Service, original source attribution, and the
phrase "Used with permission from MarketCompass.com ". Market Compass
does not and cannot review the Content posted in its Site and is not
responsible for such Content. Market Compass may delete, move, or edit
any Content, for any reason, including materials you post to the Service.
You are solely responsible for all Content posted to the Service by
anyone using your user name and password. Market Compass may, but is
not obligated to, correct any error or omission in any Content provided
by Sites of the Service. You agree not to submit or transmit any Content
in which you do not own the copyright, or for which you do not have the
necessary legal rights or permission. By submitting or transmitting any
Content to the Service, you are thereby granting to Market Compass and
its successors and assigns a nonexclusive, perpetual, royalty-free and
irrevocable license and worldwide right to use, reproduce, modify, adapt,
create derivative works from, publish, translate, distribute, display
and perform that material in any form and in any medium, whether now
known or hereafter discovered or invented. The Service may contain links
to sites on the Internet owned and operated by third persons ("External
Sites"). You agree that Market Compass is not responsible or liable for
any content located on or through any External Sites. The Service includes
facts, views, opinions and recommendations of individuals and organizations
deemed of interest. Market Compass and its Content licensors do not
guarantee the accuracy, completeness or timeliness of, or otherwise endorse,
these facts, views, opinions or recommendations. Market Compass and its
Content licensors do not give other than general investment advice, and do
not advocate the purchase or sale of any security or investment. You
acknowledge that any reliance upon the Content shall be at your sole risk.
DISCLAIMER OF WARRANTIES AND LIABILITY; INDEMNIFICATION
Due to the number of sources from which Content is obtained, and the
inherent hazards of electronic distribution, there may be delays,
omissions or inaccuracies in such Content, and delays and u
navailabilities in the Service. Please see Technical Requirements
for the minimum recommended computer equipment and configuration
for use of this Service. MARKET COMPASS AND ITS AFFILIATES, AGENTS
AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICE,
OR THE SERVICE ITSELF. THE CONTENT AND THE SERVICE ARE PROVIDED
"AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. NEITHER MARKET
COMPASS NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN
DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SERVICE,
CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND
ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR
DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO
EVENT WILL MARKET COMPASS, ITS AFFILIATES, AGENTS OR LICENSORS BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE. MARKET COMPASS
AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES),
OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MARKET COMPASS, 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 THE SERVICE OR THE CONTENT IN THE SERVICE SHALL
NOT EXCEED THE AMOUNT YOU PAID TO MARKET COMPASS FOR THE USE OF
THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO SUCH CLAIM. You hereby agree to indemnify and hold Market
Compass and its affiliates, agents and licensors harmless from and
against any and all liability, losses, damages, judgments, costs and
expenses (including without limitation attorneys' fees and defense
costs and expenses) in connection with any claim, suit or cause of
action arising by a third person out of any use or alleged use of
your user name or password to the Service by any person, whether or
not authorized by you.
ADDITIONAL TERMS
Market Compass may discontinue or change the Service or the Content
at any time for any reason. This Agreement is personal to you, and
you may not assign your rights or obligations to anyone. If any
provision in this Agreement is invalid or unenforceable under
applicable law, the remaining provisions will continue in full
force and effect. Any waiver of a term or breach of this Agreement
must be in writing and signed by the party waiving such term or
breach, and no waiver of a breach shall be deemed a waiver of any
preceding or subsequent breach. This Agreement, your rights and
obligations, and all actions contemplated by this Agreement shall
be governed by the laws of the United States of America and the
state of California, as if the Agreement was a contract wholly
entered into and wholly performed within the state of California.
This Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods. This is the final
and entire agreement between Market Compass and you with respect to
the Service, and supersedes any prior written or oral agreements
between Market Compass and you with respect to the Service.
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