Terms and Conditions of User Agreement
Welcome to the user agreement (hereinafter the "Agreement" or "User Agreement") for the StockProfile.com web site, owned by QED Connect, Inc., a New York corporation (hereinafter "StockProfile"). This Agreement applies to persons who visit, use, or register with the StockProfile web site ("Customers"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access StockProfile services ("Services") or the StockProfile.com web site (hereinafter referred to collectively as "StockProfile.com" or "the Site").
- What is StockProfile.com?
StockProfile.com is a web site that displays information about different publicly traded companies for informational purposes. The service is free to the Customer. Customers have the ability to register with the Site to receive alerts (registered users must double opt-in to) of new companies posted to the Site. Customers have the ability to review news releases, financial reports and other information regarding companies featured on the Site.
- What is StockProfile.com NOT?
StockProfile is neither an investor relations service nor a stock promoter or public relations firm. The Site is not a timing tool and Customers agree not to use the Site as a timing tool. The information provided by companies through the Site is not provided by StockProfile, the information is not reviewed for accuracy or any other attribute by StockProfile, and does not necessarily reflect the views or opinions of StockProfile.
- Binding Nature.
- Change Control.
StockProfile reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing and keeping up to date with any changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following StockProfile.com's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
Our Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you do not qualify, please do not use our Site. Further, your StockProfile account user ID and password may not be transferred, loaned, given or sold to another party. If you are registering as a business entity, you explicitly represent that you have the authority to bind the entity to this Agreement. StockProfile does not discriminate on the basis of gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
The Site provides you with the opportunity to review information about companies that provide information about themselves on our Site. These companies may pay a fee to StockProfile to be profiled/listed on the Site. Any compensation is listed in the disclaimer/compensation section located at the bottom of every page. Customers that have registered with us by providing us with certain valid contact information on our "Registration" area can elect to receive emails from us. As further discussed below, you acknowledge and agree that StockProfile does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by companies from which you elect to receive information or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to receive. Stock quotes and other financial information and data are supplied by FinancialContent, Inc. and its affiliates. All such information is provided "as is" for informational purposes only and is not intended for trading purposes or advice. Neither StockProfile nor FinancialContent, Inc. are liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained on or displayed through the Site. NASDAQ quotes are delayed at least 15 minutes, all other exchanges are at least 20 minutes delayed.
- Customer's Responsibilities and Acknowledgements.
As a StockProfile Customer you are obligated to read this Agreement before you register on our Site, use our Site, or provide any information to us. You agree to read and be bound to the terms of this Agreement. StockProfile does not offer legal or financial advice concerning the purchase of any stock or investment featured or offered by the companies on our Site. You acknowledge and agree that StockProfile is neither a registered broker/dealer nor a registered investment advisor. Furthermore, Customers shall not buy or sell securities based on the information contained on the Site or the information provided by any email received through the Site. The Site is provided for informational purposes only and nothing in the Site is to be interpreted as investment or financial advice or guidance.
- Restricted Activities.
Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; (g) be used as a timing tool or for market timing activities; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation. You may not forward, resend, or otherwise retransmit the email or emails received through the Site.
- Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of StockProfile and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause.
- Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
- DMCA Policy
StockProfile takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement by removing from our website any infringing material when a Digital Millennium Copyright Act ("DMCA") compliant notice is provided to us.
- DMCA Notice
In accordance with the Digital Millennium Copyright Act ("DMCA"), StockProfile has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below: StockProfile.com a subsidiary of QED Connect, Inc., 373 South Willow Street #254, Manchester, NH 03103, DMCAnotice@StockProfile.com.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: QED Connect, Inc., 373 South Willow Street #254, Manchester, NH 03103, DMCAnotice@StockProfile.com.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit StockProfile to locate the material;
- Your contact information, including your mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
- Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.
- No Warranty.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF STOCKPROFILE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STOCKPROFILE DISCLAIMS ANY AND ALL SUCH WARRANTIES.
- General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE CUSTOMERS OR BETWEEN A CUSTOMER AND A COMPANY FEATURED ON THE SITE, EACH OF YOU RELEASE STOCKPROFILE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM 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. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY STOCKPROFILE.COM.
- Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.
- Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters
exclusively between registered or authorized users and not involving StockProfile, shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such 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 arbitration shall be conducted in New York, New York and the
judgment on the arbitration award may be entered in any United States Court having competent jurisdiction thereof. Either you or StockProfile may seek any
interim or preliminary relief exclusively from a court of competent jurisdiction in New York, New York that may be necessary to protect the rights or property of you or StockProfile pending the completion of arbitration.
StockProfile grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
- General Provisions.
This is the entire Agreement governing the use of the StockProfile Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of New York, without regard to that state's conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper in the state and federal courts located in the State of New York. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of StockProfile in accordance with applicable law and the remainder of the Agreement shall remain in full force.
Except as explicitly stated otherwise, any notices shall be given by postal mail to StockProfile.com, 373 South Willow Street #254, Manchester, NH 03103, DMCAnotice@StockProfile.com.com. (in the case of StockProfile), or, in the event that you are registered with StockProfile, to the email address you provided to StockProfile.com during the registration process (in your case). Notice shall be deemed as received 24 hours after email is sent, unless the sending party is notified that the email address is invalid.