Vvestor™ is in no way affiliated with, endorsed or sponsored by, any national or other securities exchange including, without limitation, the New York Stock Exchange, the New York Mercantile Exchange, the American Stock Exchange and NASDAQ (collectively, the "Exchanges"). The information from the Exchanges accessible through the Market Data Feeds, and otherwise through the Site, is furnished by, and is the sole and exclusive responsibility of, the Exchange or other organization providing such information. Vvestor™ does not endorse, support or confirm the validity of such information, nor does Vvestor™ represent or warrant that such information is accurate, complete or appropriate. Vvestor™ assumes no obligation and incurs no liability in connection with your use of and/or reliance upon any such information.
Acceptance of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your entry into the Guess the Indexes Promotion, Best Investor Promotion and/or use of the Member Services and/or Site (collectively, "Vvestor™ Services"). The Agreement constitutes the entire and only agreement between you and Vvestor™ with respect to your use of the Vvestor™ Services and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Vvestor™ Services, the content contained therein and/or the analyses, research, opinions and other information provided by or through same. Vvestor™ may change the Agreement, and the scope and functionality of the Vvestor™ Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Vvestor™ Services and/or Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Notwithstanding the foregoing, where you have entered Guess the Indexes Promotion and/or Best Investor Promotion, the terms and conditions contained in the Guess the Indexes Rules and/or Best Investor Rules, as applicable, shall supersede these Terms and Conditions, but only to the extent that any of the provisions contained therein are in conflict or inconsistent with these Terms and Conditions. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Vvestor™ is not responsible or liable in any manner whatsoever for your inability to use the Vvestor™ Services and/or Site.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU SHOULD DISCONTINUE REGISTRATION FOR OR, IF YOU HAVE ALREADY REGISTERED, YOUR USE OF, VVESTOR™ SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOUR APPLICABLE VVESTOR™ SERVICES ACCOUNT, IF ANY, WILL NOT BE ACTIVATED BY VVESTOR™ OR, IF YOU HAVE ALREADY REGISTERED, YOUR APPLICABLE ACCOUNT WILL BE TERMINATED BY VVESTOR™.
Requirements.
The Site and/or the Vvestor™ Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
Description of the Site.
Subject to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology shall have the opportunity to view all media, text, images, graphics, stock quotes, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content") as compiled, distributed and displayed by Members, Vvestor™ and other third party content providers ("Third-Party Providers") including, but not limited to, third party sellers/advertisers and third party websites/services that provide information on the Site via market data feeds ("Market Data Feeds"). In addition, end-users shall have the opportunity to apply for the various Vvestor™ Services as described more fully below.
The Interactive Services (as that term is defined hereinbelow), Preferred Member Notifications (as that term is defined hereinbelow), Market Data Feeds and Site contain Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information that is provided directly by Members and/or Third-Party Providers, as applicable. Such Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information are from the applicable Members and/or Third-Party Providers and not Vvestor™, and should not necessarily be relied upon. Such Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Vvestor™ does not represent or warrant that the Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information posted in the Interactive Services, Preferred Member Notifications, Market Data Feeds or otherwise by and through the Vvestor™ Services and/or Site is accurate, complete or appropriate. You understand and agree that Vvestor™ will not be responsible for, and Vvestor™ undertakes no responsibility to monitor or otherwise police, such Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information. You agree that Vvestor™ shall have no obligations and incur no liabilities to you in connection with any such Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and/or other information appearing in the Interactive Services, Market Data Feeds, Preferred Member Notifications or otherwise available by and through the Vvestor™ Services and/or Site.
Vvestor™ does not control the information provided by Members and/or Third-Party Providers that is made available within the Interactive Services, Preferred Member Notifications, Market Data Feeds or otherwise by and through the Vvestor™ Services and/or Site. You may find certain research, analyses, offerings and/or other information as posted by Members and/or Third-Party Providers to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Interactive Services, Vvestor™ Services, Preferred Member Notifications, Market Data Feeds and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Members, Third-Party Providers and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-users, Members, Third-Party Providers and/or other third parties, you hereby release Vvestor™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Vvestor™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Members, Third-Party Providers and/or other third parties.
If you would like to register a complaint, notify Vvestor™ of a dispute or inaccurate or misleading information appearing on the Site, Market Data Feeds or otherwise through the Vvestor™ Services, please feel free to contact us at contactus (at) vvestor .com (remove spaces and replace (at) with @ ).
Description of the Vvestor™ Services.
Member Services
Subject to the terms and conditions of the Agreement, by registering on the Site, and receiving approval from Vvestor™, you can obtain, or attempt to obtain, the Member Services. Member Services will enable you to: (i) utilize the Site's many interactive features designed to foster interaction between you and other Members including, but not limited to, blogs, messageboards and other comment sections located in Member Company-specific areas ("Interactive Services") where you can post Content analyses, research, advice, services, requests, solicitations, comments, opinions, statements, offers, propositions, feedback or other material ("Feedback"); (ii) monitor the overall gains and losses of the participants in the Best Investor Promotion; and (iii) create a customized blog, protected by a Member-selected password and user name, within which Members will be able to post Content and Feedback ("Member Interface"). As a Member, in connection with the Member Interface, Interactive Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws. Vvestor™ reserves the right to prohibit any conduct by Members or to remove any materials or content posted by Members on the Member Interface or through the Interactive Services that Vvestor™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Vvestor™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose Vvestor™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Vvestor™ undertakes no responsibility to monitor or otherwise police the Content and/or Feedback posted by Members. The Interactive Services may contain Content and/or Feedback that is provided directly by Members. You agree that Vvestor™ shall have no obligations and incur no liabilities to you in connection with any such Content and/or Feedback appearing in the Interactive Services. Vvestor™ does not represent or warrant that the Content and/or Feedback posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that Vvestor™ is not responsible or liable in any manner whatsoever for your inability to use the Member Services, Member Interface, and/or Interactive Services. You understand and agree that Vvestor™ shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Member Services including, without limitation, the Interactive Services and the Member Interface.
Preferred Services
Subject to the terms and conditions of the Agreement, by registering on the Site and receiving approval from Vvestor™, you can, for a fee (as described below), obtain, or attempt to obtain, the Preferred Services. The Preferred Services will enable you, as a Preferred Member, subject to the restrictions contained herein, to request that Vvestor™ contact you with updates regarding the applicable transactions ("Investment Activity") executed by the participants in the Best Investor Promotion ("Preferred Member Notifications"). In connection with the Preferred Member Notifications, you may request updates on the Investment Activity of specific participants in the Best Investor Promotion, or the top performers in the Best Investor Promotion more generally.
In consideration for access to the Preferred Services and Preferred E-mails, Preferred Member agrees to pay the fees described in this Section 4. Upon Acceptance of the Agreement, you agree to pay the monthly fee amount set forth on the applicable Preferred Member registration form ("Monthly Fees"). The payment method that you selected during registration will be used by Vvestor™ to charge you the applicable amount for all Monthly Fees on a monthly basis, in advance. You acknowledge and agree that Vvestor™ will not obtain additional authorization from you for each Monthly Fee charge. For so long as your Preferred Membership is active, you re-affirm that Vvestor™ is authorized to charge you the applicable Monthly Fee amount via the payment method that you selected during registration and you will be required to pay all applicable charges. Preferred Member shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, Preferred Member's use of the Preferred Services. All Monthly Fees are payable in United States currency. Failure to use the Preferred Services does not constitute a basis for refusing to pay any of the associated Monthly Fees. You agree to be bound by the pricing and billing practices of Vvestor™ in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Vvestor™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Preferred Services after receipt of such notice shall constitute consent to any and all such changes. If you do not agree with these changes, you may cancel your Preferred Services account at any time, but you will remain responsible for timely payment of any and all Monthly Fees that you have already incurred (including any applicable late fees). If your Preferred Services account is terminated at any time, you shall not receive any pro-rata refund of your Monthly Fees for partial months and Vvestor™ will not refund any amounts previously paid up to the date of cancellation or termination. Where Preferred Member fails to make any scheduled payment for accrued Monthly Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Member's account may be deactivated, and access to the Site denied, for non-payment. Vvestor's™ authorization to provide and bill its services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Vvestor's™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
In connection with the Preferred Services, Preferred Member Emails and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws. The Preferred Member Notifications contain virtual Investment Activity of participants in the Best Investor Promotion. Vvestor™ undertakes no responsibility to monitor or otherwise police the Investment Activity of participants in the Best Investor Promotion. You agree that Vvestor™ shall have no obligations and incur no liabilities to any party in connection with any such Investment Activity or opinion appearing within the Preferred Member Notifications. Vvestor™ does not represent or warrant that the Investment Activity posted in the Preferred Member Notifications is accurate, complete or appropriate. You understand and agree that Vvestor™ is not responsible or liable in any manner whatsoever for your inability to use the Preferred Services and/or Preferred Member Notifications, or for any dispute between you and participants in the Best Investor Promotion or other third parties. You understand and agree that Vvestor™ shall not be liable to you, any participants in the Best Investor Promotion or any third party for any claim in connection with your use of the Preferred Services, Preferred Member Notifications or any Investment Activity offered by a participant in the Best Investor Promotion.
Promotions
From time-to-time, our Site offers promotional prizes and other awards. By providing true and accurate information in connection with Promotion registration and agreeing to the rules applicable to each Promotion, you can obtain, or attempt to obtain, the promotional prizes and other awards offered through each Promotion. The Site is currently offering the Guess the Indexes Promotion and Best Investor Promotion. For a copy of the Guess the Indexes Rules, please Click Here. For a copy of the Best Investor Rules, please Click Here. You understand and agree that Vvestor™ shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
Upon registering for the Best Investor Promotion, your performance will be tracked and made publicly available on the Site; provided, however, that your individual transactions and other Investment Activity will only be made available to Preferred Members. Vvestor™ reserves the right to contact Preferred Members, via e-mail, with updates associated with your Investment Activity; provided, however, that Vvestor™ will not share your personally identifiable information with such Preferred Members.
Registration/Account.
In order to obtain Vvestor™ Services, you must first submit the applicable registration and application form ("Application") to Vvestor™ for review and initial approval. Vvestor™ reserves the right, in its sole discretion, to deny access to the Site and/or the Vvestor™ Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Vvestor™ Services may include, without limitation, depending on the applicable Vvestor™ Services requested: your full name, gender, e-mail address(es), mailing address, daytime, evening and/or cellular telephone numbers, billing information, date of birth, age, gender and/or any other information requested on the applicable form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. Vvestor™ will verify and approve all registrants in accordance with its standard verification procedures.
During registration, you will be asked to provide the name or number that you wish to use as your account login identification, where applicable. If the login identification that you request is not available, you will be asked to supply another login identification. If Vvestor™ approves your Application, and you agree to any required separate agreement, as applicable, Vvestor™ will set up your specific account ("Vvestor™ Services Account") and send a confirmation e-mail to the e-mail address that you used to register for the applicable Vvestor™ Services. The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You can access your specific Vvestor™ Services Account at the Site using your User Name and Password. You are responsible for maintaining the confidentiality of your Vvestor™ Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Vvestor™ Services Account, User Name and Password. It is recommended that you make any necessary adjustments in connection with your e-mail account in order to ensure that e-mails from Vvestor™ are not blocked or otherwise sent to your junk mail folder.
Vvestor™ may reject your Application and/or terminate your participation in the Guess the Indexes Promotion, Best Investor Promotion, or otherwise as a Member or Preferred Member, at any time and for any reason, in Vvestor's™ sole discretion. Such reasons may include, without limitation: (i) where Vvestor™ believes that you are in any way in breach of the Agreement; (ii) where Vvestor™ believes, in its sole and absolute discretion, that any Content and/or Feedback posted by you by and through the Interactive Services and/or Member Interface is unsuitable for the Vvestor™ Services and/or Site for any reason including, without limitation, that the Content and/or Feedback contains, links to, or consists of, material that could be considered false, fraudulent, unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (iii) that the Content and/or Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iv) where Vvestor™ believes that the Member, Preferred Member or Promotion participant, as applicable, is, at any time, conducting any unauthorized commercial activity by and through the Vvestor™ Services; and (v) where Vvestor™ believes that the participant in the Guess the Indexes Promotion and/or Best Investor Promotion is committing fraud or other improper conduct in connection with such Promotions.
Content/Feedback.
As a Member, you agree that you are solely responsible for the Content, Feedback and/or other information that you publish, transmit and/or post by and through the Vvestor™ Services. You agree to use the Vvestor™ Services in a manner consistent with any and all applicable federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws, Securities and Exchange Commission regulations and any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the New York Mercantile Exchange, the American Stock Exchange and NASDAQ. In connection with the Content, Feedback and/or other information that you post by and through the Vvestor™ Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iii) impersonate any person or entity; (iv) "stalk" or otherwise harass any person via the Interactive Services or Site; (v) engage in unauthorized advertising to, or solicitation of, site visitors ("Visitors") or other Members in an effort to buy or sell any securities, products or services; (vi) transmit any chain letters, spam or junk e-mail; (vii) express or imply that any statements that you make are endorsed by Vvestor™, without our specific prior written consent; (viii) harvest or collect personal information of Visitors or other Members whether or not for commercial purposes, without their express consent; (ix) 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 contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xii) interfere with or disrupt any of the Site's functions, services and/or the servers or networks connected to the Site; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) "frame" or "mirror" any part of the Site, without our prior written authorization; (xvi) use metatags or code or other devices containing any reference to Vvestor™ and/or the Site in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your applicable Vvestor™ Services Account without notice, in the sole discretion of Vvestor™, pursuant to the terms of the Agreement. Vvestor™ reserves the right to pursue any and all legal and equitable remedies against Members that engage in the aforementioned prohibited conduct.
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Non-Endorsement/Independent Contractors.
Vvestor™ operates the Vvestor™ Services and Site as a neutral host, and Vvestor™ does not regularly monitor, regulate or police the use of the Vvestor™ Services and/or Site by any of its participants. The participation in the Vvestor™ Services and/or Site by a Visitor, Member, Promotion participant, Third-Party Provider or otherwise does not constitute an endorsement by Vvestor™ of that Visitor, Member, Promotion participant, Third-Party Provider or other third party. Vvestor™ is not responsible or liable for the acts, omissions, agreements, promises, Content, Feedback, Market Data Feeds, Investment Activity, creative, products, services, comments, opinions, advice, statements, offers and/or other information of any Visitor, Member, Promotion participant, Third-Party Provider or other third party using the Vvestor™ Services and/or Site.
Visitors, Members, Promotion participants, Third-Party Providers and other third parties are independent parties and Vvestor™ does not, and shall not, have any responsibility or liability for the acts, omissions, agreements, promises, Content, Feedback, Investment Activity, Market Data Feeds, creative, products, services, comments, opinions, advice, statements, offers and/or other information of any Visitor, Member, Promotion participant, Third-Party Provider and/or other third party. Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between Vvestor™ and any Visitor, Member, Promotion participant or any other party. No Visitor, Member or Promotion participant has any authority to make or accept any offers or representations on behalf of Vvestor™.
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Telephone Contact in Connection with Registration.
By registering for Vvestor™ Services and submitting your telephone number, you agree to receive telephone calls from Vvestor™ in connection with your registration and ongoing membership. In addition, you agree that submitting your telephone number constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR �310 et seq. ("ATSR") and any applicable state and local do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, or an applicable state do-not-call list, by registering for Vvestor™ Services and providing Vvestor™ with your electronic signature under the Uniform Electronic Transactions Act, you are giving Vvestor™ the express right to contact you via telephone in accordance with the ATSR and any applicable state and local do-not-call regulations.
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License Grant.
Members grant to Vvestor™ a royalty free, worldwide license ("Member License") to: (i) display on, and distribute through, the Vvestor™ Services and/or Site, or as otherwise determined by Vvestor™ in any medium, the Content, Feedback and any other information posted in the Vvestor™ Services or otherwise on the Site by Members and any and all associated trademarks, service marks, tradenames and/or copyrights. The Member License shall last as long as the Vvestor™ Services remain active.
As a Visitor, Member and/or Preferred Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Content, Feedback and all other material posted or made available by and through the Vvestor™ Services in accordance with the Agreement. Vvestor™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Vvestor™, as a Visitor, Member and/or Preferred Member, you may only use the Content, Feedback, Site and/or Vvestor™ Services for your own personal use. No part of the Site including, but not limited to, the Content, Feedback, Market Data Feeds and/or Vvestor™ Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, Feedback, Market Data Feeds, Vvestor™ Services and/or any portion thereof. Systematic retrieval of Content, Feedback, Market Data Feeds, Vvestor™ Services or other content from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Vvestor™ is prohibited. You may not create any "derivative works" by altering any aspect of the Content, Feedback, Site, Market Data Feeds and/or Vvestor™ Services. You may not use the Content, Feedback, Site, Market Data Feeds and/or Vvestor™ Services in conjunction with any other third-party content. You may not exploit any aspect of the Content, Feedback, Site, Market Data Feeds and/or Vvestor™ Services for any commercial purposes not expressly permitted by Vvestor™. You further agree to indemnify and hold harmless Vvestor™ for your failure to comply with this Section 9. Vvestor™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
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Proprietary rights
All Content, Feedback, Market Data Feeds and other material posted or made available by and through the Vvestor™ Services including, but not limited to, the design, selection, arrangement and coordination of such Content, Feedback, Market Data Feeds and/or Vvestor™ Services on the Site is owned or licensed by or to Vvestor™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site, Content, Feedback, Market Data Feeds or other material posted or made available by and through the Vvestor™ Services may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Vvestor's™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, Feedback, Market Data Feeds, other material posted or made available by and through the Vvestor™ Services or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by Vvestor™ does not constitute a waiver of any right in such information and materials. Vvestor™ reserves all rights not expressly granted hereunder.
The "Vvestor" name and logo are trademarks of Vvestor™. All custom graphics, icons and service names are trademarks of Vvestor™. All other trademarks are the property of their respective owners. The use of any Vvestor™ trademark without Vvestor's™ express written consent is strictly prohibited. Where provided by a Member, Third-Party Provider or other third party, Vvestor™ exercises no control over the Content, Feedback, Market Data Feeds or other information made available on the Site and/or passing through its network or equipment. Disputes may arise between you and others or between you and Vvestor™ related to such Content, Feedback, Market Data Feeds, other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Content; Feedback; Market Data Feeds; other material posted or made available by and through the Vvestor™ Services; use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; untrue stock value claims; the use or misuse of information; and/or securities law violations. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content, Feedback, Market Data Feeds or other information that you transmit, re-transmit or receive through the Site, Vvestor™ Services, Member Interface, Preferred Member Notifications, Interactive Services network or equipment are your sole and exclusive responsibility. Vvestor™ expressly disclaims all responsibility and liability for use by you of any information obtained on or in connection with the Site.
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Representations and Warranties.
Visitors, Members and/or Promotion participants, as applicable, hereby represent and warrant to Vvestor™ as follows: (i) the Agreement constitutes such party's legal, valid and binding obligation which is fully enforceable against such party in accordance with its terms; (ii) such party's use of the Vvestor™ Services or other participation on the Site will not conflict with or violate: (a) any provision of law, rule or regulation to which such party is subject; (b) any order, judgment or decree applicable to such party; (c) any provision of such party's corporate by-laws or certificate of incorporation, if applicable; or (d) any agreement or other instrument applicable to such party; (iii) the Content, Feedback and any and all other information posted by such party by and through the Site, if any, will not: (A) invade the right of privacy or publicity of any third person; (B) involve any libelous, obscene, indecent or otherwise unlawful material; (C) violate any applicable federal, state and/or local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws, Securities and Exchange Commission regulations and any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the New York Mercantile Exchange, the American Stock Exchange and NASDAQ; or (D) infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; (iv) the Content, Feedback and any and all other information posted by such party by and through the Investor Services, if any, will comply with the provisions of Section 6 hereinabove; (v) there is no pending or, to the best of such party's knowledge, threatened claim, action or proceeding against such party; and (vi) such party will be solely responsible for the Content, Feedback and other information that is posted by such party through use of the Vvestor™ Services, if any.
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Bypassing or Disabling any Portion of the Vvestor™ Services or Software.
If you bypass or disable any portion of the Vvestor™ Services, Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Vvestor™ systems, you are in violation of the Agreement and Vvestor™ may suspend or terminate your use of the Site and/or Vvestor™ Services without notice. Termination of your applicable Vvestor™ Services Account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Vvestor™ Services Account(s) is/are terminated for any reason you will, thereafter, be unable to access your applicable Vvestor™ Services Account(s).
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Accessing Vvestor™ Services.
You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Vvestor™ Services and for ensuring that such equipment and services are compatible with Vvestor's™ requirements.
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Indemnification.
You agree to indemnify and hold Vvestor™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site in any manner whatsoever; (b) the Content, Feedback and any and all other information posted, made available and/or linked to, in connection with your participation in the Vvestor™ Services, Site or otherwise; (c) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Vvestor™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
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Disclaimer of Warranties.
THE SITE, ANY INFORMATION CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE CONTENT, FEEDBACK, MARKET DATA FEEDS, PREFERRED MEMBER NOTIFICATIONS, MEMBER INTERFACE AND/OR ANY OTHER VVESTOR™ SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VVESTOR™ MAKES NO WARRANTY THAT THE SITE, ANY RESEARCH, ANALYSIS, OPINION OR INFORMATION CONTAINED HEREIN AND/OR THE CONTENT, FEEDBACK, MARKET DATA FEEDS, PREFERRED MEMBER NOTIFICATIONS, MEMBER INTERFACE AND/OR ANY OTHER VVESTOR™ SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE CONTENT, FEEDBACK, MARKET DATA FEEDS, PREFERRED MEMBER NOTIFICATIONS, MEMBER INTERFACE AND/OR ANY OTHER VVESTOR™ SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VVESTOR™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VVESTOR™, ANY MEMBER, PROMOTION PARTICIPANT, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
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Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VVESTOR™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VVESTOR™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE CONTENT, FEEDBACK, MARKET DATA FEEDS, PREFERRED MEMBER NOTIFICATIONS, MEMBER INTERFACE AND/OR ANY OTHER VVESTOR™ SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER VVESTOR™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE CONTENT, FEEDBACK, MARKET DATA FEEDS, PREFERRED MEMBER NOTIFICATIONS, MEMBER INTERFACE AND/OR ANY OTHER VVESTOR™ SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE VVESTOR™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF VVESTOR™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE CONTENT, FEEDBACK, MARKET DATA FEEDS, PREFERRED MEMBER NOTIFICATIONS, MEMBER INTERFACE AND/OR ANY OTHER VVESTOR™ SERVICES MAY BE BROUGHT BY YOU OR VVESTOR™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VVESTOR™. ACCESS TO THE SITE, AND VVESTOR™ SERVICES, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Vvestor's™ liability shall be limited to the maximum extent permitted by law.
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Third Party Websites.
The Vvestor™ Services and Site contain links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Vvestor's™ name and logo on their third party websites. Vvestor™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Vvestor™ of the applicable website or any association with the website's operators. Because Vvestor™ has no control over such websites and resources, you agree that Vvestor™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Vvestor™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
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User Information.
Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, Feedback, Content, Investment Activity, information, Registration Data and/or materials that you submit through or in association with this Site shall be considered non-confidential. For a copy of the Privacy Policy, please Click Here. By submitting such comments, Feedback, Content, Investment Activity, information, Registration Data and/or materials to us, you: (i) represent and warrant that Vvestor's™ use of your submission does not and will not breach any agreement, violate any law or infringe any third party's rights; (ii) agree that Vvestor™ is free to use, in any manner, all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iii) grant Vvestor™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, Feedback, Content, Investment Activity, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by Vvestor™ to anyone whatsoever. Vvestor™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
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Miscellaneous.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. The Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Vvestor™ and governs your use of the Site and/or Vvestor™ Services. Vvestor's™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
The Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of the Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of the Agreement. The headings of sections or other subdivisions of these Terms and Conditions will not affect in any way the meaning or interpretation of these Terms and Conditions.
The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and Vvestor's™ successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of Vvestor™. Any attempt to do so will result in the immediate termination of your Vvestor™ Services Account and you will be denied access to the Site.
Vvestor™ may provide notices to Members, Preferred Members, Promotion participants and Visitors by posting notices or links to notices on the Site. Notices to Members, Preferred Members and/or Promotion participants may also be made via e-mail, regular mail, overnight courier or facsimile at the applicable party's contact addresses of record as set forth by that party on the Application. If Members, Preferred Members and/or Promotion participants wish to provide notice to Vvestor™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: BrowseTopia, LLC, P.O. Box 2182, Livingston, NJ 07039-7782. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Vvestor™ personnel.
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How to Contact Us.
Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Vvestor™, please feel free to contact us at contactus (at) vvestor .com (remove spaces and replace (at) with @ ).