Investor Discussion Board User Agreement
NOTE: Investordiscussionboard.com (henceforth 'IDB') is designed to faciitate sharing information on the Internet related to stock markets and investing. Before registering with and using the IDB service, you are required to read and agree to all the provisions of the entire User Agreement. A decision to read only certain sections does not exempt you from each and every obligation under this User Agreement.
Thank you for your time, patience and diligence in reading this User Agreement. We look forward to your participation as a productive, cooperative and civil member of our community.
1. AGE RESTRICTION—YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THIS SITE
2. THE TERM “USER” DEFINED
3. REGISTRATION & MEMBERSHIP OBLIGATIONS
4. PREMIUM SERVICE
You can find the specific details regarding your membership with IDB at anytime by clicking on the “account details" link, located within the “My Account” section of the IDB website.
We encourage the use of our service through free trials. Contact admin if you would like to know when your free tiral expires.
Free trials are only available to first time customers of the IDB service and cannot be combined with any other offer. Only one free trial may be redeemed per registered member and only one account may be registered per person.
You may cancel your membership to IDB at anytime, and cancellation will be effective immediately. To cancel, contact admin VIA private message, VIA the contact form, or VIA email at email@example.com.
We reserve the right to terminate your account at any time for any or no reason.
5. ONE ALIAS POLICY
IDB collects and stores personal information about you when you register with IDB, when you use IDB products and services, and when you visit IDB pages. IDB uses information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services and contact you as needed.
We do not use third-party advertising companies to serve ads when you visit our websites. We do not sell our lists or list information to any 3rd-party firm.
Personal information is information about you that is personally identifiable and not otherwise publicly available, such as your name and email address.
Information Collected At Registration
Your registration with our site is purely voluntary. Please be aware that when you register with IDB we ask for information such as your name and email address. We do not share this information.
Members Are Not Anonymous
Once you register with IDB and log in to our services, you should be aware that you are not anonymous to us and your online activity and behavior can be monitored. Of course, we trust that you will be on your best behavior when interacting with other registered members of our community and when posting information to our site. We are not liable for information posted on the site by users and you warrant that we are indemnified from any liablity for content you post.
Your IP Address & Our Cookies
When you log on to our service, IDB automatically receives and records information on our server from your browser, including your IP address. Also, IDB sets and accesses IDB cookies on your computer. Cookies are the most common way of maintaining 'session state' between a web server and a user's web browser.
Law Enforcement & Other Legal Matters
We may be required to disclose personal information about our members in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
As stated in our User Agreement, IDB web sites, products and services are not intended for children under the age of 18 and we do not knowingly solicit or accept personal or other information from children under the age of 18. However, we recognize the difficulties in policing online behavior (particularly of children) and we understand that children can sometimes gain access to web sites without the permission of the site’s owners and without the permission of the child’s parents. You should know that we take very seriously the safety of children and the concerns of responsible parents. Therefore, we make every effort to be in compliance with the Child Online Privacy Protection Act (COPPA), though technically, COPPA may not apply to our site (please see COPPA NOTE below).
Contact Information for Concerned Parents
Q. COPPA applies to "websites directed to children." What factors should I use to determine whether my website is targeted to children?
A. According to the Rule, the factors to use in determining whether your site is targeted to kids include subject matter, language, whether the site uses animated characters, and whether advertising on the site is directed to children. The Commission also considers empirical evidence regarding the ages of the site's visitors. These standards are similar to those for TV, radio and print advertising.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
8. ADMINISTRATIVE COMMUNICATIONS
9. USE ON AN “AS-IS” BASIS
10. SPECIAL WARNING ON USE OF FINANCIAL MESSAGE BOARDS:
You should exercise discretion and skepticism when reading and weighing information posted on message boards in Private Messages (PMs) and in other areas of the IDB site. Such information may be incorrect or misleading. Members may pretend to be other than who or what they are. Some members may have dishonest and/or deceitful intentions or may share inaccurate and misleading information. You should make every reasonable effort and attempt to independently verify any and all claims made on this or any other message board service. Before making any financial decisions you should consult a professional money manager or other financial advisor. If you choose to rely on information posted by other members you do so solely at your own risk.
The Securities Exchange Commission has expressed concerns that the stock price for companies with small market capitalization (also known as "small cap", "micro cap" or "penny" stocks) may be particularly susceptible to manipulation. Therefore, you should carefully evaluate the information posted by other members about such stocks. To learn more about what the SEC has to say with respect this matter, please visit http://www.sec.gov
11. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IDB, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. IDB does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IDB be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas designated for such purpose; to learn more please read our complete Spam Policy.
h. upload, post, email, transmit or otherwise make available 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
IDB does not review, screen or edit messages or other content posted by members. Nevertheless, IDB and its designees reserve the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in our sole discretion. Members are responsible for bringing violations of the User Agreement to IDB's attention. Although IDB does not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner. IDB and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable.
You agree to evaluate and bear all risks associated with the use of any Content appearing on IDB web pages, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDB or submitted to IDB, including, without limitation, information in IDB Message Boards, and in all other parts of the Service.
In addition to the above, in connection with your use of the Site, you agree not to:
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• "Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
12. CONSENT TO DISCLOSURE FOR LAW ENFORCEMENT & OTHER PURPOSES
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
14. CONTENT LICENSES—YOU GRANT IDB CERTAIN LICENSES FOR CONTENT YOU CHOOSE TO POST TO OUR SITE
"Publicly accessible" areas of the Service are those areas of the IDB website that are intended by IDB to be available to the general public and are reasonably understood as such.
16. NO RESALE OF SERVICE
17. GENERAL PRACTICES REGARDING USE AND STORAGE
If you are concerned about electronically preserving content generated by you and posted to our Service, you acknowledge and accept that it is your responsibility to save such data. We are not the guardians of or a storage service for your work product. By using our service you accept full responsibility for making back up copies of all such work and you agree to hold IDB harmless for loss of any such data.
18. MODIFICATIONS, SUSPENSION OR DISCONTINUANCE OF SERVICE
Termination of your IDB account includes (a) removal of access to all offerings within the Service, including but not limited to IDB Private Messages and Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.
You agree that all terminations for cause shall be IDB's sole discretion and that IDB shall not be liable to you or any third-party for any termination of your account or removal of your access to the Service.
Should you object to any terms and conditions of this User Agreement or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify IDB of termination by sending an e-mail to: firstname.lastname@example.org. Continued use of the Service is an acceptance of the User Agreement and any subsequent changes.
21. PROPRIETARY RIGHTS
22. DISCLAIMER OF WARRANTIES
b. IDB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, whether express or implied, including but no limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
c. IDB makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this service will meet your expectations, and (v) any errors in the software will be corrected.
d. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. No advice or information, whether oral or written, obtained by you from IDB or through or from the service shall create any warranty not expressly stated in the User Agreement.
23. LIMITATION OF LIABILITY
24. CERTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITIES MAY NOT APPLY TO YOU
25. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
26. NO THIRD PARTY BENEFICIARIES
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
IDB respects the intellectual property of others, and we ask our users to do the same. IDB may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IDB's Copyright Agent the following information:
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact information for IDBs Designated Agent for Notice of claims of copyright or other intellectual property infringement:
28. GENERAL INFORMATION
Choice of Law and Forum. The USER AGREEMENT and the relationship between you and IDB shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and IDB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Crystal River, FL.
Waiver and Severability of Terms. The failure of IDB to exercise or enforce any right or provision of the USER AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the USER AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the USER AGREEMENT remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your IDB account is non-transferable and any rights to your IDB Member ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the USER AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the USER AGREEMENT are for convenience only and have no legal or contractual effect.
If you have any questions about the terms and/or spirit of this Agreement and/or desire clarification of any of our policies and procedures, please email us at email@example.com.