Stockhacker Terms and Conditions
These Terms and Conditions (these “Terms and Conditions”) set forth the rules that apply to your access and use of Stockhacker.com. Your access and use of Stockhacker.com means that you agree to these Terms and Conditions and Stockhacker.com’s privacy policy below, as well as applicable laws, rules and regulations. If you do not agree with these Terms and Conditions or Stockhacker.com’s Privacy Policy, please do not access or use Stockhacker.com
Stockhacker.com is operated by Stockhacker Inc., a Micihgan corporation, d/b/as STOCKHACKER (“www.STOCKHACKER.com”).
Should you have any questions or concerns about Stockhacker.com or www.STOCKHACKER.com’s memberships, online features, services or policies, please contact www.STOCKHACKER.com directly:
Your access and use of STOCKHACKER.com
Access and use of Stockhacker.com is available only for lawful purposes and in accordance with these Terms and Conditions and Stockhacker.com’s Privacy Policy. There may be times when your access and use of Stockhacker.com is interrupted for any number of reasons beyond Stockhacker.com’s control, like equipment malfunction, updating and backup requirements, and system maintenance and repair. Stockhacker.com reserves the right to suspend or discontinue the availability of Stockhacker.com and/or any portion of Stockhacker.com at any time in its sole discretion. Such right includes, without limitation, the right to refuse to publish any transmissions, submissions or postings to Stockhacker.com.
Any action by you that, in Stockhacker.com’s sole discretion, (i) violates any applicable law, rule or regulation and/or these Terms and Conditions and/or Stockhacker.com’s Privacy Policy, (ii) restricts, inhibits or prevents access and use of Stockhacker.com, or (iii) through the access or use of Stockhacker.com, defames, abuses, harasses, offends or threatens, is not permitted, and may result in the loss of your right to access and use Stockhacker.com. Stockhacker.com does not permit Stockhacker.com and/or any information appearing on Stockhacker.com to be mined, metatagged, linked to or framed without the prior written permission of Stockhacker.com, and Stockhacker.com may withhold such permission in its sole discretion.
Protection of Stockhacker.com’s intellectual property rights
The proprietary marks and text appearing on Stockhacker.com belong or are otherwise licensed to Stockhacker.com, and may not be used by you without the prior written permission of Stockhacker.com. Stockhacker.com may withhold such permission in its sole discretion. Stockhacker.com makes no proprietary claim to any third-party content, names, trademarks or service marks appearing on Stockhacker.com. Any third-party content, names, trademarks and service marks are property of their respective owners.
The proprietary information, financial market and investment information, data, software and content viewable on, contained in, or downloadable from Stockhacker.com (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images and line art, are copyrighted by, or otherwise licensed to, Stockhacker.com. Stockhacker.com also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content.
Your viewing, reading, printing, downloading or otherwise using the Content, even with the prior written permission of Stockhacker.com, does not entitle you to any ownership or intellectual property rights in or to the Content. You are solely responsible for any damage resulting from your infringement of Stockhacker.com's or any third party’s rights in or to the Content, and/or use of the Content that is contrary to these Terms and Conditions.
Stockhacker.com makes no representations or warranties regarding the Content
Stockhacker.com provides the Content on an “as-is” basis, and the Content is intended only to assist you in making financial decisions. The Content is intended for informational purposes only, and should not be used or construed as an offer to buy, sell or hold, or endorsement, recommendation or sponsorship of, any company or security.
You acknowledge and agree that any request for information from Stockhacker.com is unsolicited and shall neither constitute nor be construed as investment advice. Stockhacker.com does not provide or guarantee any legal, tax or accounting advice or advice regarding the suitability, profitability or potential value of any security, investment or information source.
Investing in securities involves certain risks. Before making any investment decisions or implementing any investment strategy, Stockhacker.com strongly recommends that you speak to your qualified financial and investment advisors. Ultimately, it is your sole responsibility to independently evaluate the Content and any use of, or reliance upon, the Content by you is solely at your own risk.
Stockhacker.com does not make any representations or warranties, express or implied (i) regarding the accuracy, correctness or completeness of the Content, (ii) the non-infringement, safety, reliability, timeliness or fitness for a particular purpose of the Content, nor (iii) that the Content is free from infection of any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, harvest or expropriate from any system, data or personal information.
Stockhacker.com is not responsible for any of the Content posted on Stockhacker.com by third parties. Stockhacker.com does not review or endorse any postings that appear on SStockhacker.com in message boards or other public features.
Your use of the Content
You may print, download or otherwise use the Content for non-commercial use in the form of (i) one (1) machine-readable copy, (ii) one (1) backup copy and (iii) one (1) print copy. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use of the Content is permitted by you without the prior written consent of Stockhacker.com, and Stockhacker.com may withhold such permission in its sole discretion.
You may not delete any proprietary notices appearing in the Content. You may not transfer the Content to another person or entity. You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale or rental. You may not decompile, reverse engineer or disassemble the Content in any way.
Stockhacker.com and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates may invest or otherwise hold interests in companies contemplating or that have undertaken initial public offerings, including companies mentioned in the Content. The views and opinions expressed in the Content are not intended and shall not be construed to constitute a description of securities bought, sold, or held on behalf of such parties. Nor are the views and opinions present in the Content an indication of any intention to buy, sell, or hold any security. Investment decisions made by such parties may change at any time and for any reason.
Investment information disclaimer
Included in the Content on Stockhacker.com is certain investment information concerning companies, investments and securities, some of which is made available from third party information providers and posted on Stockhacker.com’s message boards and in other public forums. Neither Stockhacker.com nor any of its officers, directors, shareholders, employees, independent contractors, agents, representatives or affiliates (i) passes on the merit of any of the companies, investments or securities listed in the Content or (ii) endorses or sponsors any of the companies, investments or securities listed in the Content.
When accessing and using Stockhacker.com's message boards and other public features concerning investment information, you should be wary and cautious of any information you find there. Users who post information in such venues may not be who they claim to be, and/or may not be affiliated with whom they claim to be affiliated. The investment information they make available in such venues may be incorrect or intentionally deceiving.
Investment information included in the Content cannot substitute for independent research and analysis of companies, investments and securities, nor for the advice of a qualified financial or investment advisor. Investment or trading decisions should not be based in any way on investment information obtained from the Content.
Third party links on Stockhacker.com
Stockhacker.com may provide links to other websites belonging to Stockhacker.com’s business partners and other third parties. Such links do not constitute an endorsement by Stockhacker.com of those websites, nor any products or services listed on those websites. Stockhacker.com is not responsible for any activities on those websites.
Sending information via Stockhacker.com
You are not permitted to transmit, submit or post information to Stockhacker.com that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, harvest or expropriate from any system, data or personal information.
Limitations on Stockhacker.com's liability
Stockhacker.com shall not be liable to you, or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, without limitation, punitive, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of, arising out of or relating to: (i) your breach or violation of these Terms and Conditions and/or Stockhacker.com's Privacy Policy; (ii) your access and use of Stockhacker.com; (iii) your inability to access or use SStockhacker.com for any reason; (iv) your use of the Content; and/or (v) your reliance upon or use of any of the Content, even if Stockhacker.com has been advised of the possibility of such damages. Please note, some jurisdictions do not permit such limitations on Stockhacker.com's liability, and accordingly, some or all of your rights may not be limited by foregoing limitation of liability.
Your indemnification of Stockhacker.com
You shall defend, indemnify and hold harmless Stockhacker.com and its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, without limitation, attorneys’ costs and fees, arising out of, or attributable to any breach or violation of these Terms and Conditions and/or wStockhacker.com’s Privacy Policy by you, your access or use of Stockhacker.com, and/or any access or use of Stockhacker.com under any username or password issued to you.
Changes to these Terms and Conditions
Stockhacker.com reserves the right to amend these Terms and Conditions at any time, in its sole discretion and without notice. Any changes to these Terms and Conditions will be posted here. You are encouraged to visit these Terms and Conditions frequently in order to review any changes that have occurred. Your continued access and use of SStockhacker.com following any changes to these Terms and Conditions shall automatically be deemed your acceptance of the same.
Stockhacker.com’s equitable remedies
You acknowledge and agree that Stockhacker.com may be irreparably damaged if these Terms and Conditions are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of any breach, violation or threatened breach or violation of these Terms and Conditions, Stockhacker.com shall be entitled, in addition to all other rights and remedies, to an injunction restraining the same, without being required to show any actual damage or to post an injunction bond, and/or to a decree of specific performance or similar equitable remedy.
For purposes of this Section, you agree that any action or proceeding with regard to Stockhacker.com’s rights of equitable remedy, shall be brought in the courts of record Wayne county, Michigan, or the United States District Court governing Wayne county, Michigan. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected by mail or in such other manner as applicable laws, rule of procedure or local rules provide.
Governing law and arbitration
These Terms and Conditions are to be governed by and construed in accordance with the internal laws of the State of Michigan, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms and Conditions, except for an injunctive action regarding a breach, violation or threatened breach or violation of these Terms and Conditions by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Wayne County, Michigan. The arbitrator shall be selected by you and Stockhacker.com, and if you and Stockhacker.com are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Stockhacker.com and your and Stockhacker.com's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
Miscellaneous
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions.
The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
All covenants, agreements, representations and warranties made in these Terms and Conditions, as may be amended by Stockhacker.com from time to time, shall survive your acceptance of these Terms and Conditions.
These Terms and Conditions represent the entire understanding and agreement between you and Stockhacker.com regarding their subject matter, and supersede all other previous agreements, understandings and/or representations regarding the same.
Stockhacker.com
11/30/2006 16:44
This Privacy Policy (this “Privacy Policy”) explains what information Stockhacker.com may collect via Stockhacker.com, what wStockhacker.com may do with the information Stockhacker.com collects from Stockhacker.com, and what security precautions Stockhacker.com takes with regard to Stockhacker.com. Your access and use of Stockhacker.com means that you agree with this Privacy Policy and Stockhacker.com's Terms and Conditions located at [http://www.stockhacker.com/disclaimer.htm], as well as applicable laws, rules and regulations. If you do not agree with this Privacy Policy or Stockhacker.com’s Terms and Conditions, please do not access or use Stockhacker.com. Stockhacker.com is intended to be accessed and used only by adults and is not directed to children under the age of 18.
Stockhacker.com is owned and operated by Stockhacker Inc, a Michigan corporation, d/b/a STOCKHACKER (“www.stockhacker.com”). Should you have any questions or concerns about the use or security of information you submit via Stockhacker.com or any of www.stockhacker.com's online practices or policies, please contact Stockhacker.com directly.
Stockhacker.com's collection and use of personally identifiable information
Access and use of portions of STOCKHACKER.com is available to you without your providing www.STOCKHACKER.com with any personally identifiable information. However, when you use STOCKHACKER.com to provide commentary, request additional information, register for any level of www.STOCKHACKER.com membership, purchase a membership or otherwise request to be contacted by www.STOCKHACKER.com, depending on the nature of your request, www.STOCKHACKER.com will ask you to submit personally identifiable information like your name, postal address, telephone number, credit card information and email address. STOCKHACKER.com does not knowingly permit submission of personally identifiable information by users under the age of 18. STOCKHACKER.com uses this information to fulfill your requests, and if you register with STOCKHACKER.com for membership, to fulfill your membership requirements and send you our market reports, bulletins and newsletters which are part of your membership package.
From time to time, we also share user information with other companies and organizations we select so those companies and organizations may send you catalogs, brochures and other promotional materials that we think may be of interest to you. You can opt for STOCKHACKER.com not to share your information with third parties by changing your STOCKHACKER.com contact preferences. You can change your STOCKHACKER.com contact preferences at any time as described below in the next section.
Notwithstanding the foregoing, STOCKHACKER.com reserves the right to share or otherwise disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure is necessary to identify, contact or bring legal action against you if (i) you are interfering with another’s, including STOCKHACKER.com's, rights or property, (ii) you are violating this Privacy Policy, STOCKHACKER.com's Terms and Conditions and/or any applicable law, rule or regulation, and/or (iii) requested by authorities in the event of any act of terrorism or instance of any local, regional or national emergency.
Changes to personally identifiable information and contact preferences
You may at any time request from STOCKHACKER.com a copy of your personally identifiable information and contact preferences held in STOCKHACKER.com's records, or otherwise make changes to your information and/or preferences, by contacting STOCKHACKER.com:
Usernames and passwords
You may be issued a username and password by STOCKHACKER.com in order to enable you to utilize certain features of a STOCKHACKER.com membership. You are solely responsible for keeping the confidentiality of any username and password issued to you. You are responsible for any access, use or activities on STOCKHACKER.com conducted under your username and/or password.
Use of your submissions
If you transmit, submit or post any information to message board, chat forum or anywhere on STOCKHACKER.com's website, you automatically grant STOCKHACKER.COM the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate the same in any media whatsoever. Keep in mind that any information you submit to those public forum features may be publicly displayed on STOCKHACKER.COM for other users to access and see. For that reason, we encourage you not to post any personally identifiable information in submissions to those features. STOCKHACKER.COM will not be responsible for the use or dissemination of any information that you post to these pages.
STOCKHACKER.COM security infrastructure
In the unlikely event that an unauthorized third party compromises STOCKHACKER.COM'S security infrastructure, STOCKHACKER.COM is not liable to you, or to any third party, for any occurrences or damages directly or indirectly related to an unauthorized third party’s ability to view, use or disseminate your personally identifiable information or contact preferences, including, without limitation, a third party’s ability to tap in to or otherwise eavesdrop on, your Internet connection.
STOCKHACKER.COM'S use of cookies and aggregate statistical data
STOCKHACKER.COM utilizes cookie technology. STOCKHACKER.COM'S “cookies” are the alphanumeric identifiers in the form of text files that are inserted and stored on your computer’s hard drive by your web browser. STOCKHACKER.COM uses cookies to track STOCKHACKER.COM usage and click through trends to assist STOCKHACKER.COM in developing new products and website features. STOCKHACKER.COM also logs information derived from cookies about access and use of STOCKHACKER.COM, including origination IP addresses. The information collected by STOCKHACKER.COM'S cookies is completely anonymous.
STOCKHACKER.COM uses the anonymous information it collects from cookies to diagnose potential and existing server problems and to aggregate statistical data. STOCKHACKER.COM reserves the right to share the anonymous, aggregate statistical data with third parties. You can disable your web browser’s ability to receive cookies from STOCKHACKER.COM.
Third party links on STOCKHACKER.COM
STOCKHACKER.COM may provide links to the websites of other business partners, affiliates and third parties; however, this Privacy Policy applies solely to STOCKHACKER.COM. If you utilize any third party links appearing on STOCKHACKER.COM. STOCKHACKER.COM encourages you to read the individual privacy policies of those linked websites, as they may differ substantially from this Privacy Policy. STOCKHACKER.COM makes no representations or warranties about, nor is STOCKHACKER.COM responsible for, the privacy policies of any websites outside STOCKHACKER.COM.
Changes to this Privacy Policy
This Privacy Policy may require periodic updating. STOCKHACKER.COM reserves the right to amend this Privacy Policy at any time, in its sole discretion and without notice. Any changes to this Privacy Policy will be posted here. You are encouraged to visit this Privacy Policy frequently in order to review any changes that have occurred. Your continued access and use of STOCKHACKER.COM following any changes to this Privacy Policy shall automatically be deemed your acceptance of the same.
Governing law and arbitration
This Privacy Policy is to be governed by and construed in accordance with the internal laws of the State of Michigan, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Wayne County, Michigan. The arbitrator shall be selected by you and STOCKHACKER.COM, and if you and STOCKHACKER.COM are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and STOCKHACKER.COM and your and STOCKHACKER.COM'S respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
Miscellaneous
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by STOCKHACKER.COM from time to time, shall survive your acceptance of this Privacy Policy.
This Privacy Policy represents the entire understanding and agreement between you and STOCKHACKER.COM regarding its subject matter, and supersedes all other previous agreements, understandings and/or representations regarding the same.