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Terms of use

30 July 2006 10:33


Terms of use

Welcome to the Resource Investor Conferences / IIC website (the “Site”). Summit Business Media, L.L.C. (the "Company," "we" or "us") provides you with access to this Site on the following terms and conditions.

Please read these Terms and Conditions of Website Use (the “Terms”) carefully before using this Site. By using this Site in any capacity, you agree that (i) you have read and familiarized yourself with these Terms, (ii) you understand these Terms and (iii) these Terms govern your use of this Site. If you do not agree to these Terms, you may not use this Site. 

The Company reserves the right at any time to modify, revise or update these Terms or the Site, including without limitation, eliminating, discontinuing or charging fees for any content or feature of the Site. You agree to be bound by such modifications, revisions or updates. You should periodically recheck these Terms to apprise yourself of any such modifications, revisions and updates. Your continuing use of this Site constitutes your acceptance of any modifications, revisions or updates to the Site or these Terms, all of which shall become effective when posted on this Site.

The Company further reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate any user’s access to and use of the Site, at any time and in our sole discretion.

 

Securities Disclaimer

The Company is a publisher and is not registered as an investment adviser with the U.S. Securities and Exchange Commission. You understand and agree that no Content (as defined below) published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable or advisable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, advisability, value or suitability of any particular security, portfolio of securities, transaction, investment strategy, or other matter. To the extent any of the Content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that the Site may contain opinions from time to time with regard to securities mentioned in other products, including company related products, and that those opinions may be different from those obtained by using another product related to the Company. You understand and agree that contributors may write about securities in which they or their firms have a position, and that they may trade such securities for their own account. In cases where the position is held at the time of publication and such position is known to the Company, appropriate disclosure is made. However, you understand and agree that at the time of any transaction that you make, one or more contributors may have a position in the securities written about.

You understand that price and other data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that neither such data nor such calculations are guaranteed by these sources, the Company, the information providers or any other person or entity, and may not be complete or accurate.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

 

Use of the Site

You may use the Site and the content on the Site, including, but not limited to, any news, quotes, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video herein (collectively, the “Content”) solely for your personal, noncommercial, informational use only and not for any trading purposes.

Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, sublicense, broadcast, circulate, republish, duplicate, modify, adapt, upload, post, redeliver using “framing” technology or otherwise, download, copy, translate, reverse engineer, decompile or disassemble any portion of the Site; use data mining, robots or similar data gathering and extraction tools with respect to the Site; otherwise distribute or commercially exploit in any way any portion of the Site; restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; express or imply that any statements you make are endorsed by the Company or the Site; or harvest or collect information about visitors to the Site without their express consent and, in each instance, without our prior express written consent.

You may download and/or print out one (1) copy of any Content from the Site solely for your personal, noncommercial, informational use, provided you include all copyright and other proprietary rights notices with such Content in the same form in which such notices appear on the Site, the original source attribution and the phrase "Used with permission from Summit Business Media, L.L.C." However, you may not post any Content to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, intranets or other websites, without the prior written consent of the Company in each instance. If you are interested in reprinting, republishing or distributing any Content, please see our Reprints page. Your unauthorized publication of any Content will make you liable to pay the Company $2.40 (two US dollars and forty US cents) per word.

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site and/or the Content and will not use the Site or the Content for any unlawful purpose.

Without limiting any of the Company’s other rights or remedies, any unauthorized use of this Site or any Content terminates the permission granted by the Company for your use of the Site.

 

Registration

In order to gain access to certain Content, you may be required to become a registered user by choosing a unique (and inoffensive) user name and password, and supplying us with true, accurate, current and complete information about yourself, as required on the relevant registration page.

You are responsible for maintaining the confidentiality of your user name and password. Without limiting the generality of the foregoing:

  • You may not transfer or resell your user name or password to any third party;
  • You are responsible for all activities that occur under your user name or password; and
  • You agree to immediately notify us if you become aware of any possible unauthorized use(s) of your user name or password or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name or password.

Proprietary Rights

The Site and the Content are the property of the Company or its licensors and are protected by copyright, trademarks, service marks, patents or other applicable intellectual property laws. Furthermore, the collection, arrangement and assembly of the Content on the Site are the exclusive property of the Company and are likewise protected by applicable intellectual property laws.

“IIC”, “International Investment Conferences”, "ResourceInvestorConferences.com," "Resource Investor Conferences" "RIExpress.com," "R.I. Express," "PitPundit.com," the Resource Investor Conferences / IIC Logos, the R.I. Express logos, and other marks are trademarks and/or service marks of Summit Business Media, L.L.C. All other trademarks, service marks and logos used on our websites are the trademarks, service marks or logos of their respective owners. You may not use, copy, modify or display any of these marks, including without limitation, using any meta tags or any other “hidden text” that utilize these marks, without the prior written consent of the Company or the respective owner in each instance.

You acknowledge that, except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, to the Site or any Content on the Site under any applicable intellectual property rights.

User Submissions

All remarks, suggestions, ideas, materials or other information provided by you through this Site, whether through the chat service (“Hot Topic"), responses to individual articles (the “Comments”), letters to the editor (the "Letters to the Editor Service"), press releases or commentary submissions ("R.I. Express Registration") or otherwise (collectively, the "Submissions") will forever be the property of the Company. Without limiting the generality of the foregoing, the Company will have exclusive ownership of all present and future existing rights, title and interest in and to the Submissions of every kind and nature whatsoever. The Company will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person who created or sent the Submissions. Notwithstanding the foregoing, all personally identifiable information contained in any Submission shall be subject to our Privacy Policy; provided, however, that with respect to Submissions posted via the Forum, Comments, R.I. Express or the Letters to the Editor, the Company may nevertheless use your name and any other identifying information you may provide in connection with such Submission.

You acknowledge that you are responsible for any Submissions provided through your user name or password, and you, not the Company, has full responsibility for such Submissions, including its legality, reliability, appropriateness, originality and copyright. Notwithstanding the foregoing, the Company has the right to refuse to post, remove, edit or abridge any Submission for any reason and to disclose any Submission as necessary to any applicable law, regulation, legal process or governmental request, all in the Company’s sole discretion.

 

Third Party Sites or Materials

You may, through hypertext or other computer links, gain access from the Site to websites operated by persons other than the Company. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that the Company is not responsible for the content or operation of such websites, and that the Company shall have no liability to you or any other person or entity for the use of, or inability to use, any third party websites. A hyperlink from this Site to another website does not imply or mean that the Company endorses or approves the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites to which you link from this Site.

 

The Company assumes no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third party software or materials.

 

Contests

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 agree that (i) you have read and familiarized yourself with any rules applicable to such sweepstakes, contests or games, (ii) you understand such rules, and (iii) such rules (and these Terms) govern your participation in such sweepstakes, contests, or games. If you do not agree to such rules (or these Terms), you may not enter or participate in such sweepstakes, contests or games. 

 

Operation of the Site

The Company will use reasonable commercial efforts to keep this Site available for access on a 24-hour a day, seven days a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. However, there are no assurances that access will be available at all times and uninterrupted. Furthermore, the Company does not warrant that the operation of this Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.

You are solely responsible for obtaining telecommunications access to the Site and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Site.

 

Disclaimer of Warranties

The content and the site are provided "as is," without any express or implied warranties of any kind. The company and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, timeliness, noninfringement, title, merchantability or fitness for a particular purpose of the content or the site, and the company hereby disclaims any and all such express or implied warranties.

 

Limitation of Liability

Neither the company nor any of its affiliates, agents, or licensors will be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause or for any damages as a result. In no event will the company, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on the content or the site. The company and its affiliates, agents, and licensors shall not be liable to you or anyone else for any damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages. Neither the company nor any of its affiliates, agents or licensors will be liable to you or anyone else for any loss or injury resulting from use of the content or the site, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the site and any content or otherwise.

 

Indemnification

You agree to indemnify, defend and hold the Company, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your violation of these Terms; (ii) your use of the Site or the Content; or (iii) any Submissions made through your user name or password.

 

Notification for Certain Matters

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 any Content infringes your copyright, you (or your agent) may send us a notice requesting that such Content 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 with respect to the Content, 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 to . We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

In the event you believe in good faith that any Content is otherwise in error, please contact us at with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

 

general

These Terms, together with all the Company policies referred to herein, constitutes the entire agreement between you and the Company relating to your use of the Site and the Content and supersedes any all prior or contemporaneous written or oral agreements on that subject between us. These Terms and the relationship between you and the Company are governed by and construed in accordance with the laws of the State of Ohio, without regard to its principles of conflict of laws. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Cuyahoga County, Ohio and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions hereof. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision; any waiver must be in writing and signed by the Company to be effective. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Company reserves the right to require you to sign a hardcopy version of these Terms at any time

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