MANSIONMINDS.COM PLEASE READ THE TERMS OF USE BELOW.
THESE TERMS OF USE (AS REVISED AND POSTED ON THE SITE FROM TIME
TO TIME, THIS "AGREEMENT"), STATE THE TERMS AND CONDITIONS
UNDER WHICH MANSION MINDS INTERACTIVE ("MMI") PROVIDES
YOU WITH VARIOUS SERVICES ON MANSIONMINDS.COM (THE "SITE").
ALL SERVICES PROVIDED BY MMI ON THE SITE ARE COLLECTIVELY REFERRED
TO AS "SERVICES." BY ACCESSING, BROWSING AND/OR USING
THE SITE AND/OR SERVICES POSTED ON THE SITE, YOU ARE DEEMED
TO ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO
NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES.
Ownership of the Site and Protection of
Our Intellectual Property Rights
The Site is a website of MANSIONMINDS.COM
("MMI"). All right, title and interest to the content
displayed on the Site, including but not limited to the Site's
look and feel, data, information, text, graphics, images, sound
or video materials, photographs, designs, trademarks, service
marks, trade names, URLs and content provided by third parties,
are the property of MMI, or the respective third parties, and
are protected by copyright, trademark, patent or other proprietary
rights and laws. Except as expressly authorized by MMI, you
agree not to copy, modify, rent, lease, loan, sell, assign,
distribute, perform, display, license, reverse engineer or create
derivative works based on the Site or any content (including
without limitation any software) available through the Site.
MMI expressly authorizes you to duplicate publicly available
information about securities, investment, or MMI’s business
operations that is available on the Site for personal or business
purposes. MMI does not, however, authorize you to modify or
republish this information or any part of it, nor may you redistribute
this information as a part of a commercial or fee-based service.
If you are interested in licensing MMI content for a commercial
service, please contact MMI.
Changes To This Agreement
MMI may make changes to this Agreement at
any time in its sole discretion, without notice to you. Each
time changes are made to this Agreement, a revised Agreement
will be posted on the home page of the Site. Your continued
use of the Site following the posting of changes constitutes
your acceptance of any such changes. Your use of the Site after
the Agreement has been modified will be governed by the modified
terms of the Agreement. You can review the most current version
of this Agreement on this page. In order to assist you in determining
whether the Agreement has been updated, MMI will list the date
on which the Agreement was most recently modified at the bottom
of this document. Please check this page from time to time for
current terms of use.
Our Privacy Policy
The information that we obtain through your
use of any portion of the Site, whether through the registration
process or otherwise, is subject to the privacy policy posted
on the Site ("Privacy Policy"), which is incorporated
within this Agreement by reference. The MMI.com privacy policy
is here. The Privacy Policy describes our collection and use
of the information you provide to us, including our respective
rights relative to that information. Please review the Privacy
Policy before you use the Site. If you are unwilling to accept
the terms and conditions of the Privacy Policy, please do not
use the Site.
Other Policies
Your use of the Site is also subject to the
other policies, disclaimers and guidelines we post on the Site
from time to time.
Your License to Access Content on the Site
You are hereby granted a nonexclusive, nontransferable,
revocable, limited license to view, reproduce, print, cache,
store and distribute content retrieved from the Site via a generally
available consumer web browser, provided that you do not (and
do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the
Services or remove or obscure the copyright notice or other
notices displayed on the content. Except as provided in the
"Ownership of this Site" section above, you may not
reproduce, print, cache, store or distribute content retrieved
from the Site in any way, for any commercial use without the
prior written permission of MMI or the copyright holder identified
in the relevant copyright notice.
You agree not to modify the Services in any manner or form,
or to use modified versions of the Services, including (without
limitation) for the purpose of obtaining unauthorized access
to the Services or portions of the Services. You agree not to
access the Services by any means other than through the interface
that is provided by MMI for use in accessing the Services.
Except as expressly provided in this Agreement, nothing contained
in this Agreement or on the Site shall be construed as conferring
any other license or right, expressly, by implication, by estoppels
or otherwise, with respect to any of MMI's content or any third
party's content. Any rights not expressly granted herein are
reserved.
If you choose to forward content from the Site via email through
our Services to the extent that we offer such a capability,
you agree that you will only forward such content to willing
recipients known to you and that you will not use the Services
for engaging in spam or other unauthorized conduct.
No Automated Querying You may not send automated queries
of any sort to the Site without express permission in advance
from MMI. Note that "sending automated queries" includes,
among other things:
• using any software
which sends queries to the Site to determine how a website
or webpage "ranks" for various queries;
• "meta-searching"; and .
• performing "offline" searches on any MMI
web site
You agree not to use the Site to:
a.Harm or
threaten to harm MMI or users in any way, including by using
information you find here to compete against MMI;
b. Impersonate any person or entity (including
MMI or its agent), or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c. Disseminate or transmit any content that
infringes or violates any party's copyright, trademark, trade
secret, patent or other proprietary right, including, but
not limited to, using third party copyrighted materials, without
appropriate permission, using third party trademarks without
appropriate permission or attribution, or using or distributing
third party information (whether or not protected as a trade
secret) in violation of a duty of confidentiality;
d. Disseminate or transmit
any worms, viruses or other harmful, disruptive or destructive
files, code or programs;
e. Violate any law (whether local, state,
national, or international), whether or not intentionally;
f. Forge Internet protocol
headers or otherwise manipulate identifying information in
order to disguise your identity;
g. Provide fraudulent,
inaccurate, or incomplete information to MMI, including in
applications for employment;
h. Interfere with or disrupt
the Services, the Site, or servers or networks connected to
the Site, or disobey any requirements, procedures, policies,
or regulations of networks connected to the Site;
i.
Collect or store personal data about other users;
j.
Engage in any activities that would violate the personal privacy
rights of others, including but not limited to, collecting
and distributing information about Internet users without
their permission, except as permitted by applicable law; or
k.
Post or cause to be uploaded to MMI's computer servers or
network 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.
Site with Registration The Site may enable users to register
to obtain certain Services. Registration is initially available
to anyone of requisite age and citizenship and is limited to
one registration per user. By registering for these services,
you agree to: (a) provide true, accurate, current and complete
information about yourself as requested by the MMI registration
form (the "Registration Information"); and (b) maintain
and update the Registration Information to keep it true, accurate,
current and complete.
In addition to other grounds for suspension or termination of
your use of the Services, if you provide any information that
is untrue, inaccurate, not current or incomplete, or if MMI
has reasonable grounds to suspect that information you have
provided is untrue, inaccurate, not current or incomplete, MMI
has the right to suspend or terminate your access and refuse
you any and all use of the Site.
Investment Updates The Site provides users the ability
to obtain email alerts about certain corporate activities or
events. This feature is provided as a convenience to users of
the Site, but MMI does not guarantee the completeness of the
emailed information provided through this service, nor does
it guarantee that all material information that the company
discloses will be provided via this service. If you are an investor,
you are advised to rely on formal SEC and other public disclosures
made by MMI, not on company information distributed via the
email service or the Site.
Passwords and Security Access to certain Services require
you to choose a user name (or nickname) and password. If you
do so, you are responsible for maintaining the confidentiality
of your password and account and for logging out of your account
at the end of each session. In selecting a user name, you agree
that you will not (i) select or use a user name of another person
with the intent to impersonate that person; (ii) use a name
subject to the rights of any person without their authorization;
or (iii) use a user name that is offensive to people of ordinary
sensitivities, illegal, or infringing. You are fully responsible
for all activities that occur under your password or account,
including any charges incurred or damages caused to you, MMI,
or any other party. You agree to ensure that you exit from your
account at the end of each session. In addition, if you become
aware that your account security has been compromised or that
your user name or password have been obtained by a third party,
you agree to notify MMI immediately of the security breach so
that MMI can investigate the breach, terminate your account,
or take other appropriate action. Even if you notify MMI of
unauthorized access, you agree that MMI will not be obligated
to take any particular action in response to your notification,
and that the risk of loss associated with uses of your account
remains with you even if you notify MMI of the unauthorized
access. You agree that MMI will not be liable for any loss or
damage arising from your failure to comply with this section.
Links to Other Web Sites The Site includes links to other
World Wide Web sites. Because MMI has no control over such sites,
you acknowledge and agree that MMI is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that MMI shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused by or in connection with use of or reliance
on any such content, goods or services available on or through
any such site or resource. Finally, you acknowledge that such
external sites usually have their own terms and conditions,
including privacy policies, over which MMI has no control and
which will govern your rights and obligations with respect to
the use of those Web sites.
Your Contact With Advertisers Or Third
Party Vendors Except as otherwise expressly
agreed by MMI, your dealings with advertisers and third party
vendors found on or through the Services, including your participation
in promotions, creating resumes, the purchase of goods, and
any terms, conditions, warranties or representations associated
with such activities, are solely between the third party and
you. MMI does not make any representations or warranties of
any kind with respect to any content, goods, services, information,
other materials or web sites that may be obtained from such
third parties, and you agree that MMI will have no liability
for any loss or damage of any kind incurred as a result of any
activities you undertake in connection with the use of or reliance
on such content, goods, services, information, other materials
or web sites available, or through such third parties, on the
Site. You acknowledge that such external sites usually have
their own terms and conditions, including privacy policies,
over which MMI has no control and which will govern your rights
and obligations with respect to the use of those Web sites.
Compliance with Laws You agree to comply with all applicable
laws regarding your use of the Site, including, without limitation,
all applicable laws (as well as associated licenses and approvals)
regarding the transmission of technical data exported from the
United States or the country in which you reside.
Modifications To Services MMI reserves the right at any
time and from time to time to modify, suspend, discontinue or
terminate the Services (or any part thereof) with or without
notice for any reason, and MMI does not warrant that any portion
of the Services will continue to be available in the future.
You agree that MMI will not be liable to you or to any third
party for any modification, suspension, discontinuation or termination
of the Services.
As described above, MMI advises you not to rely solely on investment
material you obtain through the Site. To the extent legally
required, MMI will provide investment information through SEC
filings and other formal disclosures, and you are advised to
rely on those disclosures, and not information provided on the
Site, to the extent that they are inconsistent or if MMI no
longer provides the information you seek via the Site.
Termination of Your Access to Services You agree that MMI, in its sole
discretion, may terminate your access to any of the Services,
and/or remove, discard or modify any Postings or content within
the Services, for any reason, including, without limitation,
for lack of use or if MMI believes that you have violated or
acted inconsistently with the letter or spirit of this Agreement.
You agree that any termination of your access to the Services
may be effected without prior notice, and acknowledge and agree
that MMI may immediately deactivate or delete your account and
all related information and files in your account and/or bar
any further access to such files or the Services. If you use
the Site in violation of this Agreement, MMI may, in its sole
discretion, retain all data collected from your use of the Site.
Further, you agree that MMI shall not be liable to you or any
third party for the discontinuation or termination of your access
to the Services, or collection of information notwithstanding
in the case of your violation of this Agreement, even if advised
of a claim for damages. If MMI terminates your license to access
the Services, your obligations under this Agreement, including,
without limitation, your obligation to indemnify and hold MMI
harmless and your agreement that any claims you have against
MMI will be barred after one year from the date they accrue,
will survive such termination.
Information Disclaimer and Disclaimer
of Warranties BY USING THE SERVICES, YOU UNDERSTAND
AND AGREE THAT:
a. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE
PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE.
MMI AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES
OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY
CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR
INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER
MATERIAL ON OUR SITES.
b. NEITHER HISTORIC STOCK PRICES NOR OTHER
INFORMATION CONTAINED IN MMI'S INVESTMENT DISCLOSURES ARE AN
INDICATION OF FUTURE PERFORMANCE.
c. YOUR USE OF THE SERVICES IS AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. MMI EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
d. MMI MAKES NO REPRESENTATION OR WARRANTY
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES
WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL
BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY
OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
OBTAINED BY YOU THROUGH SERVICES WILL MEET YOUR NEEDS.
e. ANY MATERIAL OBTAINED THROUGH THE USE OF
THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR
FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY
SUCH MATERIAL.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR
TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT MMI IS NOT LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS,
LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY
OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT LIABILITY), OR OTHERWISE
RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE
SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR
POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO THE
SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS
HEREIN, IN NO EVENT WILL MMI'S DIRECT LIABILITY HEREUNDER EXCEED
$100.00.
Indemnification of MMI To the extent permitted by law,
you agree to defend, indemnify and hold MMI, its subsidiaries
and affiliates, and its and their officers, directors, employees
and agents harmless from and against any and all liability,
losses, claims, demands, disputes, damages or costs of any kind,
including, without limitation, reasonable attorneys' fees and
costs of litigation, resulting from or in any way connected
with (a) your use of or reliance on the Services, (b) your connection
to the Site, (c) your violation or alleged violation of this
Agreement, or (d) your violation of any rights of another party.
Copyright and Trademark Notices The Site is owned and operated
by MMI. Unless otherwise noted, all design and content included
on the Site, including text, graphics, logos, icons, images,
artwork, audio and video clips and software is the property
of MMI (or is used under license to MMI) and is protected by
United States and international copyright laws.
The MMI logo and other marks indicated on MMI's Site are trademarks
and/or service marks of MMI. Other graphics, logos, headers,
icons, scripts and service names are also trademarks or trade
dress of MMI. MMI's trademarks, service marks and trade dress
may not be used in connection with any product or service that
is not MMI's, in any manner that is likely to cause confusion
of customers or potential customers, or in any manner that harms
or discredits MMI. You agree that if you elect to download MMI's
logo(s) from the Site or otherwise, your usage of such logo(s)
will comply with the Logo Usage Guidelines.
No Other Agreements or Relationship
Between Us With the exception of MMI's Privacy
Policy, which is incorporated within this Agreement by reference,
this Agreement constitutes the entire agreement between you
and MMI for governing your use of the Site and Services and
supersedes any prior agreements between you and MMI for that
purpose, including any membership agreements or other similar
agreements applying to the Site or the Services.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and MMI as a result of
this Agreement or your access to and use of the Services.
Law Applicable to Interpretations
and Disputes This Agreement and the legal relations
thus created between MMI and you (including, without limitation,
any dispute between MMI and you arising out of or related to
this Agreement) shall be governed by and construed under and
in accordance with the internal laws of the State of New York
without reference to its principles of conflicts of laws. Any
such dispute will be heard and determined at MMI's discretion
in the appropriate federal court located in the State of New
York in the County of New York or the appropriate New York state
court located in the County of New York, and you submit yourself
and your property to the non-exclusive jurisdiction of the foregoing
courts with respect to such disputes. You acknowledge that MMI
is headquartered in New York City and for that and other reasons
this Agreement and the undertakings of the parties hereunder
bear a reasonable relation to the State of New York. You (i)
waive to the fullest extent permitted by law any objection which
you may now or hereafter have to the courts referred to above
on the grounds of inconvenient forum or otherwise as regards
any dispute between MMI and you arising out of or related to
this Agreement, (ii) waive to the fullest extent permitted by
law any objection which you may now or hereafter have to the
laying of venue in the courts referred to above as regards any
dispute between MMI and you arising out of or related to this
Agreement and (iii) agree that a judgment or order of any court
referred to above in connection with any dispute between MMI
and you arising out of or related to this Agreement is conclusive
and binding on you and may be enforced against you in the courts
of any other jurisdiction.
Severability of This Agreement If any provision of this Agreement
is found by a court or other binding authority to be invalid,
you agree that the invalidated provision shall be deemed replaced
by an enforceable provision that most closely gives effect to
the parties' intentions as reflected in the invalidated provision,
and the remaining provisions contained in this Agreement shall
continue in full force and effect.
Limitation of Actions Brought Against
MMI You agree that any claim or action
by you arising out of your use of the Site or this Agreement
must be filed within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute
of limitations or other law to the contrary. Within this period,
you agree that any failure by MMI to enforce or exercise any
provision of this Agreement or related right, or to object to
your breach of the Agreement, shall not constitute a waiver
of that right or provision. Similarly, you agree that no statement,
action, or inaction of MMI, even if you allege that such statement,
action, or inaction is inconsistent with this Agreement, will
be deemed a waiver or constructive amendment of this Agreement.
Contact Information If you have any questions or concerns
with respect to this Agreement or the Site, you may contact
a representative of MMI by clicking here or by mail at:
Mansion Minds Interactive 100 Lakeside Drive, Suite
100, Horsham, PA 19002 Attention: Legal Department