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Subscription Agreement
Below is a copy of our subscription agreement for your reference.
DTLINK SOFTWARE, LLC ("DTLINK") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AND USE AN ACCOUNT AND SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "YES, ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN DTLINK IS UNWILLING TO GRANT YOU RIGHTS TO USE AND ESTABLISH AND USE AN ACCOUNT AND SERVICES PROVIDED BY THIS SITE. SUBSCRIPTION AGREEMENT Effective Date: August 1, 2006
2. Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible by clicking on the "Legal" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates. 3. Subscription Eligibility. Subscriptions are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system. You may not have more than one active subscription. Additionally, you are prohibited from selling, trading, or otherwise transferring your DTLink subscription to another party. 4. Subscription License; Conditions. You are granted non-exclusive rights to this site's subscription services, subject to this Agreement, the Terms of Use, and Privacy Policy. Subscription services are described on this site and include without limitation, all software on this site’s Internet and instant messaging servers which enable collaborative online communications among registered users though postings to this site’s forum/chatroom and instant messages among registered users. DTLink reserves the right to update and modify the services from time to time. Your license to access and use this site’s subscription services subject to your establishing and maintaining and account for stock market data subscription with one of this site’s partners. If you fail to establish and maintain such an account, we reserve the right to terminate your account immediately. 5. Prohibited Activities. Certain activities which are prohibited are listed below (“Prohibited Activities”). You agree that you will not: (a) harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another Collabinvest.net participant; (b) transmit via Collabinvest.net any information, data, text, files, links, software, chat, content, communication or other materials and terms of expression ("Information") that is offensive, racial, discriminating, unlawful, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; (c) transmit via Collabinvest.net any Information that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property right; (d) disrupt the normal flow of Information on or through Collabinvest.net or otherwise act in a manner that negatively affects other participants; (e) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; and (f) intentionally or unintentionally violate any applicable local, state, national or international law; (g) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of this Collabinvest.net site or any part thereof; and (h) impersonate any person, leader, official of this site, operator or host. 6. Termination. You agree that DTLink may, with or without cause, immediately terminate your DTLink subscription account and access to the subscription services without prior notice. Without limiting the foregoing, the following will lead to a termination by DTLink of your subscription: (a) breaches or violations of this Agreement, including without limitation, failing to establish and maintain an account for a stock market data subscription with one of [----this site’s partners----], engaging in Prohibited Activities, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings available to account holders, (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the account. Further, you agree that all terminations shall be made in DTLink’s sole discretion and that DTLink shall not be liable to you or any third-party for any termination of your account or access to subscription services. 7. Your Account. You are responsible for maintaining the confidentiality of your login, password, and subscription account, and are fully responsible for all activities that occur under your password or subscription with or without your knowledge. If you knowingly provide your login and password information to another person, your subscription may be suspended temporarily or terminated. You agree to immediately notify DTLink of any unauthorized use of your password or account or any other breach of security. DTLink cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 8. Subscription Services Are Free of Charge. Subscription services are offered free of additional charge; however, they are offered subject to your establishing and maintaining an account for a stock market data subscription with one of [----this site’s partners----]. 9. Technical Support. DTLink shall answer questions by email regarding the use of the services. 10. Accuracy of Information and Disclaimer of Warranty Regarding This Site. DTLink has made every effort to present the services and content on this site accurately, but additions, deletions and changes may occur. DTLINK AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CONDITION, QUALITY, RELIABILITY, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE SERVICES OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you. This site does not warrant or guarantee (a) that any information received on or through Collabinvest.net will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (b) that the information received on or through Collabinvest.net will not contain adult-oriented material, or material which some individuals may deem objectionable; (c) that the functions or services performed by this site will be uninterrupted or error-free or that defects in Collabinvest.net will be corrected. It is your sole responsibility to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system. THE INFORMATION ON THIS SITE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ACCESSING AND USING THIS SITE, YOU UNDERTAKE FULL RESPONSIBILITY FOR: (A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS; (B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU; AND (C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. 11. Assumption of Risks. You acknowledge and agree to assume certain risks inherent to the use of Collabinvest.net. These include without limitation disclosure of confidential information (including personal details), the improper operation of Collabinvest.net (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of this site’s provision of and/or your use of Collabinvest.net. IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK. You acknowledge and agree to assume the risks that the messages or information you send or deliver on or through Collabinvest.net will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful or distressing purposes. Without limiting the generality of the forgoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, Collabinvest.net as most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Collabinvest.net and the Internet in general, you acknowledge and agree to assume various additional risks, including among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through Collabinvest.net may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Collabinvest.net is not different from other applications in this respect.
12. Securities Disclaimers. This site is not intended to provide investment, tax, legal, insurance advice, and nothing on the site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or other product or service by DTLink or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation. You understand that the subscription services may provide opinions posted by other users from time to time with regard to securities. You understand and agree that (i) the users who post such opinions may have a position in the securities commented about or some other personal interest in such securities, and (ii) such users may or may not be subject to a disclosure policy. DTLink does not make representation that information and content on this site or provided through subscription services are appropriate for use in any or all jurisdictions available on the worldwide web, or information on this site and opinions of other users provided through subscription services are available or indeed appropriate for sale or use in all jurisdictions, or by all investors. Users who access this site and utilize the subscription services do so solely on their own initiative and risk, and are therefore responsible for compliance with applicable local laws and regulations. 13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DTLINK OR ITS AFFILIATES HAVE ANY LIABILITY WITH RESPECT TO ANY CLAIMS OR DAMAGES (WHETHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) AS A RESULT OF YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THIS SITE OR ITS SERVICES, INFORMATION, OR CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCESS AND USE THIS SITE AT YOUR OWN RISK. DTLINK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50. 14. Intended For Use Only In The United States. This site is controlled and operated by DTLink from its offices within the United States. DTLink does not represent that this site is appropriate or available for use elsewhere; access to this site from locations where its contents are illegal is not authorized. If you access this site from outside the United States, you do so on your own initiative and at your own risk. 15. Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised. 16. Posting To This Site. We will not treat information that you post to areas of this site that are publicly viewable by others (for example, to this site’s forum/chat-room) as confidential or proprietary. By posting information to this site that is publicly viewable by others, you agree that we may use that information without restriction. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. 7 Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor, nor do we assume any legal obligation or liability in connection with such postings, including any responsibility for editorial control of content posted by third parties or liability for investigating or verifying the accuracy of any content or any other information contained in such postings. 18. Monitoring. We reserve the right to monitor your access and use of this web site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible by clicking on Legal on this site’s home page. 19. Account Questions/Notifications. DTLink maintains specific contact information including an e-mail address for questions and comments regarding your account with this site. All correspondence and email should be addressed as follows: Notification of Questions/Comments Regarding Your Account DTLink Software, LLC Contact: Click Here to Send Email Telephone: 301-441-3103 Facsimile: 301-614-2974 20. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in College Park, Maryland, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Maryland, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. 21. Jurisdiction And Venue. The courts of Prince George's County in the State of Maryland, USA and the nearest U.S. District Court in the State of Maryland shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. 22. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. 23. Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other. 24. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Maryland, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. |
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CollabInvest is a Service Mark of DTLink Software, LLC. Unauthorized use is prohibited.
Copyright © 1997-2008 by DTLink Software, LLC, All Rights Reserved
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