DisclaimerBoardCentral.Com General Disclaimer:
You understand that all messages appearing on message boards displayed and/or accessed through BoardCentral.com's services are the sole responsibility of those person(s) posting the message. That means that you, and not BoardCentral.com are entirely responsible for all information and material that you post on the message boards displayed and/or accessed through BoardCentral.com. BoardCentral.com does not control the content of any messages posted on message boards by individuals accessing BoardCentral.com Web pages and does not warrant, represent or endorse the accuracy or reliability of any of the information, content, advertisements, or third party sites and content (collectively the "Materials") contained on, distributed to, or linked, downloaded or accessed from BoardCentral.com Web pages. You understand that by using the message boards displayed and/or accessed through BoardCentral.com services you may be exposed to content that is offensive or otherwise objectionable. Under no circumstances will BoardCentral.com be liable for any errors or omissions in any posting or for any loss or damages of any kind as a result of use of any information contained on the message boards displayed and/or accessed through BoardCentral.com. You should be aware that some of the information available on message boards displayed and/or accessed through BoardCentral.com may be false or misleading. The services, information or data made available at the BoardCentral.com Web pages and message boards displayed and/or accessed through BoardCentral.com are provided "as is", and without warranties of any kind. BoardCentral.com expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Accordingly, you should exercise care in responding so such information and not rely on the Materials without conducting your own independent investigation. You acknowledge that any use of or reliance upon any Materials shall be at your sole risk.
BoardCentral.com reserves the right, in its sole discretion and without any obligation to make modifications to any portion of the Materials presented on and/or accessed using the BoardCentral.com Web pages and referenced by the BoardCentral.com.
The material provided on BoardCentral.com is for general informational purposes only. This information is not intended as investment 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 opinions and analyses included herein are based on sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness. 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. Neither BoardCentral.com nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. By accessing the BoardCentral.com site, a user agrees not to redistribute the information found therein. The trading services which users may access through the links on this site are services of the listed independent brokerage companies. In order to use these services, you need to have an existing account with such brokerage company or you will need to set up such an account up with such brokerage company. BoardCentral.com provides customized links to selected brokerage companies for your convenience only. BoardCentral.com is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select is solely responsible for its services to you, the user. BoardCentral.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the brokerage company. All quotes are delayed 20 minutes unless specified otherwise.
1. You understand that all messages appearing here are the sole responsibility of those persons posting the message. This means that you, and not BoardCentral.com, are entirely responsible for all information and material displayed and/or accessed through BoardCentral.com's services and Web pages. BoardCentral.com does not control the content of any messages posted on the message boards displayed and/or accessed through its Web pages by individuals accessing BoardCentral.com ("Customers"). BoardCentral.com does not guarantee the accuracy, integrity or quality of anything on the BoardCentral.com Web pages or any products or services that may appear here. You understand that by using the BoardCentral.com Web pages you may be exposed to content that is offensive or otherwise objectionable. Under no circumstances will BoardCentral.com be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained in the BoardCentral.com Web pages or services.
2. Further, you agree not to do any of the following while using BoardCentral.com Web pages and services:
A. Transmit any message, information, data, text or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
B. Impersonate any person or entity, including but not limited to, a BoardCentral.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
C. Post or transmit any software or graphic files on any message board displayed through services of BoardCentral.com, or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
D. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation in any message board displayed and/or accessed through BoardCentral.com. s services;
E. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to the regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law while using or accessing the BoardCentral.com Web pages;
F. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any message board displayed and/or accessed through BoardCentral.com. s services, you automatically grant -- or warrant that the owner of such Content has expressly granted -- BoardCentral.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
3. Third Party Content.
A. BoardCentral.com is a distributor (and not a publisher) of content supplied by third parties and Customers. Accordingly, BoardCentral.com has no more editorial control over such content than does a public library, bookstore, or a newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of BoardCentral.com, are those of the respective author(s) or distributor(s) and not of BoardCentral.com.
B. Neither BoardCentral.com nor any third-party provider of information posted and/or accessed through BoardCentral.com Web pages guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the Content available and/or accessed through BoardCentral.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with BoardCentral.com. It should be understood that BoardCentral.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BoardCentral.com by anyone other than authorized BoardCentral.com employee spokespersons while acting in their official capacities. Under no circumstances will BoardCentral.com be liable for any loss or damage caused by a Customer's reliance on information obtained through BoardCentral.com. It is the sole responsibility of Customer to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available and/or accessed through BoardCentral.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
4. Monitoring the Content.
5. Copyrighted Information.
Message boards displayed and/or accessed through BoardCentral.com Web pages sometimes contain material in which users share material they have copied electronically from other sources. Because there are many thousands of possible sources spread out across the Internet, e.g., newspapers, scientific journals and bulletin boards, it is impossible to determine if any particular message on any of message boards displayed and/or accessed through BoardCentral.com. s Web pages infringes the copyright of another party. If you believe that your work has been copied in a way that constitutes copyright infringement, please immediately notify BoardCentral.com administration so the situation can be promptly addressed.
It is BoardCentral.com. s policy to take reasonable measures to respect the privacy of BoardCentral.com's Subscriber and users. BoardCentral.com will take reasonable measures to not disclose the contents of your communications outside the BoardCentral.com Web pages unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms and conditions; (iii) respond to claims that any Content on the BoardCentral.com violated the rights of third-parties; or (iv) protect the rights, property, or personal safety of BoardCentral.com, its Subscribers users and the public.
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in BoardCentral.com Web pages belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. A partial list of trademarks owned by us is set forth below:
Approval of the above-referenced service marks is currently pending with the United States Patent and Trademark Office. All other copyrights, trademarks and other intellectual property rights referred to in BoardCentral.com Web pages belong to their respective owners.
(a) Except as expressly provided in clause 5, nothing contained on BoardCentral.com Web pages shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party. s intellectual property rights, and no part of these Web sites may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
(b) You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce print, and distribute materials retrieved from and/or accessed through BoardCentral.com Web sites provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.
9. Linking to BoardCentral.com Web pages.
You may provide links to BoardCentral.com Web pages provided (a) you do not remove or obscure the copyright notice, or other notices on BoardCentral.com Web pages, (b) you discontinue providing a link to BoardCentral.com Web pages if instructed to do so by us.
10. Sites Linked From the BoardCentral.com Web sites.
Message boards displayed and/or accessed through BoardCentral.com Web pages may include messages with links to other Web sites or resources. BoardCentral.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. BoardCentral.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
11. Disclaimer of Warranty.
The services, information or data (collectively, "Information") made available at the BoardCentral.com Web sites are provided "AS IS", without warranties of any kind. BoardCentral.com expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. BoardCentral.com shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on the BoardCentral.com Web site. BoardCentral.com shall have no liability for:
A. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; or
B. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
C. Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BoardCental.com AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF THE USE OF BoardCentral.com USER OR SUBSCRIBER'S ACCOUNT MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.B. YOU EXPRESSLY AGREE THAT USE OF BoardCentral.com Web PAGES IS AT YOUR OWN RISK. FOR PURPOSES OF THIS SECTION, BoardCentral.com SHALL INCLUDE ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDER'S, EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.
13. No Liability for Content.
A. BoardCentral.com SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON AND/OR ACCESSED THROUGH BoardCentral.com Web pages.
B. BoardCentral.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
C. BoardCentral.com MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
D. BoardCentral.com MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.
E. BoardCentral.com MAKES NO WARRANTY THAT ANY CONTENT ON THE BoardCentral.com WEB PAGES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BoardCentral.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED AND/OR ACCESSED THROUGH BoardCentral.com WEB PAGES AND SERVICES.
F. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BoardCentral.com WEB PAGES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, BoardCentral.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE BoardCentral.com MESSAGE BOARDS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH BoardCentral.com WEB PAGES OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGES, EVEN IF BoardCentral.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. 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.
17. The section headings used herein are for convenience only and shall not be given any legal import.
If you become aware of any messages in any of message boards displayed through BoardCentral.com Web pages that violate these terms and conditions in any way, please email the offending person's identification and cut and paste the relevant content into an email and send it to: email@example.com. BoardCentral.com cannot guarantee that any action will be taken as a result of your Email and does not make any representations with regard to actions potentially taken as a result of your e-mail.
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BoardCentral.com, ReadAway (TM) NETWORK MEMBER AGREEMENT:
By becoming a member of the ReadAway (TM) Network you enter the following agreement and agree to the to the following terms and conditions: This is an agreement (. Agreement. ) between BoardCentral.com ("BCC") maintaining the site at www.boardcentral.com and you (. Member. ) maintaining the site at URL listed in the ReadAway (YM) Network ("Member's Site"). Whereby, as a result of this Agreement.
1. BCC wishes to hyperlink the Member's Site to www.boardcentral.com and to load the content of the former site into the latter site to be displayed within the frame interface of www.boardcentral.com.
2.BCC shall use its best efforts to maintain a web site with the current URL of www.boardcentral.com.
3. Member shall use its best efforts to maintain a Member's Site.
4. Neither party to this Agreement shall be responsible for any temporary interruptions in service to its web site and reserves the right, from time to time, to change web site servers or its URL.In cases of a URL change, a party to this Agreement shall notify the other party within three (3) business days.Parties shall have no liability of any kind whatsoever for any interruption in service on their web sites for any period of time, provided that parties to this Agreement make reasonable and timely efforts to restore the same.
5. Neither party to this Agreement shall be liable for the content of the information displayed on web sites of another. Neither party shall be held liable for liabilities and claims, losses, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from, in whole or part, any negligent acts, errors or omissions of another, its agents or contractors in performing under this Agreement.
6. BCC shall provide a direct hyperlink to Member's Site's home page, where Member hereby grants to BCC a non-exclusive right to establish a direct link to Member's pages and the non-exclusive right to load the Member's pages into the BCC web site. By giving BCC the right to provide this direct hyperlink, Member grants BCC a non-exclusive right to use information provided on Member. s pages which contains references to Member. s registered and non-registered trademarks, servicemarks and otherwise copyrighted material.
7. Except as provided in this Agreement, neither party to this Agreement shall use the other's trade names, trademarks or service marks without prior written approval and authorization of the other party.
8. The initial term of this Agreement shall be commencing upon listing Member's Site as member of the ReadAway (TM) Network, and will be automatically renewed each six months for an additional six-month period.
9. Either party to this Agreement shall have the right to terminate this Agreement at any time prior to the expiration by written notification to a non-terminating party via e-mail and first-class mail return receipt requested.This Agreement will be deemed terminated only upon actual receipt of the termination notice by a non-terminating party.
10. Neither party to this Agreement is authorized or empowered to act for or represent the other party to this Agreement. Each party to this Agreement agrees not to do or allow any act which would imply apparent authority to act for the other party. The acts to be performed by the parties are strictly and solely in their separate status as independent party contractors.
11. This Agreement is made and entered into under the laws of the State of New York and shall be interpreted, applied and enforced under those laws.
This Agreement set forth the entire understanding and agreement of the parties to this Agreement as to this Agreement, and supersedes all prior proposals, discussions or agreements between parties. This Agreement may be changed only by a writing executed by both parties, whereby e-mail headers and/or plain text signatures on e-mail messages shall be deemed actual signatures.