THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
GorillaTrades, Inc.
Terms of Service
Last revised: December
22, 2004
PLEASE READ THIS
TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
GorillaTrades, Inc. ("we," "us") provides the website known
as
GorillaTrades.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 GorillaTrades, Inc. 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.
When U.S. exchanges
are open, stock and fund quotes are at least 15 minutes
old. When U.S. exchanges are not open, quotes are only current as of the
close of the last day of trading. 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 GorillaTrades.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 GorillaTrades to any third
party.
If you are a GorillaTrades 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@gorillatrades.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 GorillaTrades
are available via electronic mail at billing@gorillatrades.com, or on the
GorillaTrades Visitors page. Payment for your subscription is due in advance
of the subscription period you select. You may cancel your membershi p 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,
bi-yearly, or similar periodic 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 GorillaTrades by notifying
our Billing Department via electronic mail at billing@gorillatrades.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. GorillaTrades, Inc. 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.
Conflicts and Disclosure
Policy. We do not permit any employee or officer of
GorillaTrades to hold positions in individual st ocks, unless it is fully
disclosed at the time a stock appears on any research published by GorillaTrades.
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, sublicensable (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.
Sweepstakes, Contests,
and Games. Any sweepstakes, contests, and games that
are accessible through the Site are governed by specific rules. By entering
such sweepstakes or contests or participating in such games you will become
subject to those rules. Furthermore, your participation in such sweepstakes,
contests or games constitutes your consent that your participation is not in
violation of the rules of the state in which you reside.
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
GorillaTrades, Inc. 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 thegorilla@gorillatrades.com. We suggest that you consult your legal
advisor before filing a notice or counter-noti ce. Also, be aware that there
can be penalties for false claims under the DMCA.
Ownership and Restrictions
on Use. 2000 GorillaTrades, Inc. 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.
GorillaTrades.com
is a trademark and/or service mark of GorillaTrades, Inc.
All other trademarks, service marks, and logos used on the Site are the
trademarks, service marks, or logos of their respective owners.
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, GORILLATRADES INC. 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. GORILLATRADES INC. 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 GORILLATRADES INC. 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 thego rilla@gorillatrades.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 GORILLATRADES INC. 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 GorillaTrades 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 eit her 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 GorillaTrades' 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.
Legal Notices. Under
California Civil Code Section 1789.3, California
residents are entitled to the following specific consumer rights information:
Pricing Information:
Current rates for our Services may be obtained via
electronic mail at billing@gorillatrades.com. We reserve the right to change
fees, surcharges, annual or other periodic subscription fees or to institute
new fees at any time as provided in this Agreement. However, any future
price increases will NEVER affect your current subscription rate.
Complaints
should be directed to: billing@gorillatrades.com .
Copyright
GorillaTrades 1999-2006. All Rights Reserved.