StockNewsNow.com is owned and managed by SNN, Inc. (“SNN”) and is part of the SNN family of companies, each of whom may also have their own websites (each an “SNN Website,” and collectively the “SNN Websites”). SNN includes our parent company, our subsidiaries and our affiliated companies, which collect and disseminate financial information to the marketplace.
This SNN Website is a general audience website. Minors under 18 are welcome to be visitors to this SNN Website, but cannot upload blogs, new articles, user videos or any other content.
Certain products or services offered by this and/or other SNN Websites (each a “SNN Internet Service,” and collectively the “SNN Internet Services”), and certain areas within this and/or other SNN Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or the SNN Internet Services. For example, if you wish to register for this SNN Website and make use of the Services, you must read this Agreement and indicate your willingness during the Registration process. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY SNN WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY SNN WEBSITE MAY BE TERMINATED IMMEDIATELY IN SNN’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
In its sole discretion, SNN may modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes as you are bound by the version of this Agreement that exists whenever you access the SNN Website. Your continued use of the SNN Website and/or SNN Internet Service after SNN posts a revised Agreement constitutes your willingness to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this SNN Website and/or the SNN Internet Service to which the changes may apply.
If a particular SNN Website or SNN Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will notify SNN immediately at firstname.lastname@example.org if you suspect any unauthorized use of your account or access to your password. SNN is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will not use the account, username, or password of another registered user at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular SNN Internet Service. By using the particular SNN Website or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.
SNN may terminate your account at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, this Agreement will remain in effect in its entirety.
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The SNN Internet Services are for your personal use only and may not be used in connection with any commercial activities except those that are specifically approved by SNN. Illegal and/or unauthorized use of the SNN Internet Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of this SNN Website or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice or explanation and may result in termination of account privileges. SNN may take appropriate legal action for any illegal or unauthorized use of the SNN Internet Services.
Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this SNN Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of SNN or unless it is expressly permitted by this SNN Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this SNN Website. The use of materials from this SNN Website on any other web site or networked computer environment is similarly prohibited.
Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this SNN Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Except where otherwise provided, access to and use of this SNN Website and the SNN Internet Services offered through this SNN Website are currently available without charge. SNN may charge a fee for access to or use of this SNN Website, or any SNN Internet Service available on this SNN Website at any time in the future. Your access to or use of this SNN Website prior to the imposition of a fee does not entitle you to the continued use of this SNN Website without charge in the future.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SNN WEBSITE AND/OR SNN INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SNN WEBSITE OR SNN INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. SNN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SNN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. SNN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SNN WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. SNN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SNN WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
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This SNN Website and its contents are not to be construed, under any circumstances, as an offer to sell or a solicitation to buy or effect transactions in any securities. No investment advice is provided or should be construed to be provided herein. This SNN Website and its owners, employees and affiliates are not, nor do any of them claim to be, registered broker-dealers or registered investment advisors.
This SNN Website may contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. All statements other than statements of historical fact are “forward-looking statements” for purposes of federal and state securities laws, including, but not limited to, any projections of earnings, revenue or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed new services or developments; any statements regarding future economic conditions or performance; any statements of belief; and any statements of assumptions underlying any of the foregoing. Such forward-looking statements of or concerning the companies mentioned herein are subject to numerous uncertainties and risk factors, including uncertainties and risk factors that may not be set forth herein, which could cause actual results to differ materially from those stated herein. Accordingly, user of this SNN Website are cautioned not to place undue reliance on such forward-looking statements. This SNN Website undertakes no obligation to update any forward-looking statements that may be contained herein.
The owners, employees and affiliates of this SNN Website, and their families, may have investments in companies featured on this SNN Website, may purchase securities of companies featured on this SNN Website and may sell securities of companies featured on this SNN Website, at any time and from time to time. However, it is the general policy of this SNN Website that such persons will refrain from engaging in any pre-publication transactions in securities of companies featured on this SNN Website until two trading days following the publication date.
This SNN Website may contain company advertisements/advertorials, which are indicated as such. Information about a company contained in an advertisement/advertorial has been furnished by the company, the owner/operator of this SNN Website has not made any independent investigation of the accuracy of any such information and no warranty of the accuracy of any such information is provided by this SNN Website, its owners, employees and affiliates. Pursuant to Section 17(b) of the Securities Act of 1933, as amended, in situations where the owners, employees or affiliates of this SNN Website have received consideration for the advertisement/advertorial of a company or security, such fact will be disclosed in print.
This SNN Website may also contain company profile pages, which are indicated as such. Information about a company contained on a company profile page has been furnished by the company, the owner/operator of this SNN Website has not made any independent investigation of the accuracy of any such information and no warranty of the accuracy of any such information is provided by this SNN Website, its owners, employees and affiliates. Pursuant to Section 17(b) of the Securities Act of 1933, as amended, in situations where the owners, employees or affiliates of this SNN Website have received consideration for a company profile page or security, such fact will be disclosed in print.
You may participate in an SNN Interactive Service by agreeing to this Agreement and the Interactive Service Additional Terms set forth below, and by completing the registration form. Thereafter, you may post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this SNN Website) (collectively “User Content”) to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this SNN Website (collectively “Forums”). You are solely responsible for such User Content. SNN accepts no responsibility whatsoever in connection with or arising from such User Content. If you do not agree to this Agreement and such Interactive Service Additional Terms, you may not participate in the SNN Interactive Service.
You are solely responsible and liable for postings delivered to the SNN Website using your account. Any violation of these provisions can subject your SNN account to immediate termination and, possibly, further legal action.
SNN does not endorse, does not control and is not responsible for any notes, messages, billboard postings, blog entries or other postings, ideas, suggestions, concepts or other material, or files delivered to any SNN Website by you or other users. SNN is not obligated to and does not regularly review, monitor, delete, or edit postings. However, SNN may do so at any time in its sole discretion, for any reason or no reason, and may delete any posting with or without notice. SNN is not responsible or liable for damages of any kind arising from any postings even when SNN has been advised of the possibility of such damages, or from SNN’s deletion of any posting. Nonetheless, SNN may prevent you from submitting User Content to Forums and to restrict, delete or remove such User Content for any reason at any time. SNN may terminate your membership or restrict, suspend, or terminate your access to any part of the SNN Internet Services if SNN determines, in its sole discretion, that you have violated this Agreement or pose a threat to SNN and/or the users of the SNN Internet Services.
The information and opinions expressed in postings on this SNN Website are not necessarily those of SNN or its affiliated or related entities, content providers, advertisers, sponsors, and SNN makes no representations or warranties regarding that information or those opinions. SNN does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the SNN Website automatically and immediately become the property of SNN without any obligation of confidentiality. SNN shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that SNN does not retain ownership of any User Content, then you hereby expressly grant to SNN a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the User Content for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
By submitting any material or photographs to or through this SNN Website, you are granting permission to have this material posted on this SNN Website and other SNN Websites, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. SNN may remove access to infringing material. Such actions do not affect or modify any other rights SNN may have under law or contract.
You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You will not permit any other user of this SNN Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of this SNN Website by any other person.
You release SNN, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
SNN does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SNN’s policy is to simply delete any such submission without reading it or forwarding it to other SNN staff. Therefore, any similarity between an unsolicited submission and any elements in any SNN creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
Notwithstanding the forgoing, if unsolicited submissions are sent to SNN through this SNN Website or through the SNN Interactive Services, these submissions become the property of SNN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SNN sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SNN, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
This SNN Website may contain links to websites operated by third parties. SNN does not monitor or control these sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply SNN’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, that site.
Any software that is made available to view and/or download in connection with an SNN Internet Service (the “Software”) is owned or controlled by SNN and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. SNN is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that the Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions.
With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view the SNN Website Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.
This SNN Website may enable you to order and receive products, information and services from businesses that are not owned or operated by SNN. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. SNN does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. SNN is not a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the SNN Internet Service.
SNN may, in its sole discretion, modify, suspend, or terminate this SNN Website and/or any portion thereof, including any SNN Internet Service, and/or your account, password, or use of any SNN Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for an SNN Internet Service removes your authorization to use the SNN Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, SNN shall not be liable to you or any third-party for any termination of your access to an SNN Internet Service.
This SNN Website may offer certain SNN Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively the “SNN Interactive Services”). If an SNN Website offers such Interactive Services, there will be separate Interactive Service Additional Terms applicable to such Interactive Services.
This SNN Website may offer certain SNN Subscription Services such as newsletters (collectively “SNN Subscription Services”). By registering for an SNN Subscription Service, you will be subject to any charges and rules set forth in the description of that SNN Subscription Service.
Some SNN Internet Services accessible through this SNN Website, including certain SNN Interactive and Subscription Services (the “SNN Premium Service”), may be offered to you conditioned on your payment of a fee. By using the SNN Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that Premium Service. A copy of the Premium Service Additional Terms can be found here.
The specific rules and terms that apply to any contests or sweepstakes conducted by this SNN Website, can be found at the link for the particular contest or sweepstakes. Your participation in any SNN contest or sweepstakes is subject to those rules and terms.
In no event shall SNN, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the SNN Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the SNN Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the SNN Website or any information, software, products, services, and related graphics obtained through the SNN Website; (vi) any transactions entered into through this SNN Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this SNN Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the SNN Website and SNN Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if SNN has been advised of the possibility of damages.
You will indemnify, defend, and hold harmless SNN, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this SNN Website and any related SNN Internet Service and/or software and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on this SNN Website or through the Services causes SNN to be liable to another. SNN may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with SNN in asserting any available defenses.
Accessing materials on this SNN Website by certain persons in certain countries may not be lawful, and SNN makes no representation that materials on this SNN Website are appropriate or available for use in locations outside the United States. If you choose to access this SNN Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this SNN Website. No software or any other materials associated with this SNN Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an SNN Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
When you visit an SNN Website, you may provide us with two types of information: personal information you knowingly choose to disclose, and information that we automatically collect as you browse an SNN Website.
Information You Voluntarily Submit. We collect and store any information you enter on an SNN Website, or provide to us in offline contacts we have with you. Information is collected from visitors to an SNN Website in the following areas:
Information Collected and Stored Automatically. When you browse an SNN Website, you and your Web browser may also transmit information that we automatically collect. We do log your IP address (the Internet address of your computer), the Web pages you visit and the time of your visit and other click-stream data. This information may be combined with other personal information you have provided. The only other type of information automatically provided to us is the type of computer, operating system and browser you are using. This information is provided by your browser, which we use to improve the performance of our SNN Websites.
We may also place small data files, called "cookies", in the browser file of your computer's hard drive. These cookies automatically identify your browser to our server whenever you interact with an SNN Website. We use the cookies to record SNN Website statistics. Most browsers automatically accept the cookies, but you usually can change your browser setting to prevent the acceptance of cookies. Certain SNN Website pages may not function properly if you choose not to accept cookies.
We use your personal information to communicate with you if and when necessary in connection with your use of SNN Websites, to respond to your questions or to send you material and information you request. We may use your information to:
We may also use your SNN Website information in order to help diagnose problems with an SNN Website. We may use all information we collect to analyze statistical use patterns and demographic data (basically, where our visitors come from and what demographic characteristics they have) and to improve our SNN Website to better serve our customers. We use your IP address to help diagnose problems with our servers and to administer our SNN Website. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information. We may also prepare and keep statistical records and other data about you and other users of our site, but we do that in a way that does not identify you or any other user personally. We may hire third parties to help us collect and analyze such data and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make our SNN Websites more useful to visitors – to learn about the number of visitors to our SNN Websites, what part of the SNN Website they are interested in, how long they use the SNN Website and the types of technology our visitors use.
Except in the limited circumstances stated in this paragraph, we do not sell, rent, license, trade or otherwise disclose the personal information of SNN Website visitors to unaffiliated third parties. We may disclose your information to service providers who assist us in operating the SNN Website or conducting our business. We may also share such information among our subsidiaries and affiliates as necessary to provide you with the information and services you request or in which you may otherwise be interested. We may disclose information about you if and when we believe it is necessary to comply with any law, rule, court order, subpoena or warrant, or to enforce our legal rights or the rules of this SNN Website, or to protect our business, property and operations, or in connection with a sale, acquisition, merger or other business combination of our business with a third party. We may also disclose non-personally identifiable visitor information to other parties for marketing, advertising or other uses.
Some areas of an SNN Website may allow you to conduct e-commerce transactions. In connection with these transactions, we collect data necessary to complete the transaction that is furnished by you. This information may be furnished to a third party in order to facilitate the transaction.
Since we are committed to your privacy and security, we have put in place physical, electronic and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or from us and you do so at your own risk. When you place an order or access your personal information, we offer the use of a secure server. Once we receive your transmission, we use our best efforts to ensure its security on our systems.
Our SNN Website provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. You have the following options for reviewing or removing your information from our database to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for recordkeeping and servicing.
Please note that due to e-mail production schedules, you may receive an e-mail message from us after you have provided an opt-out notice.
California Civil Code Section 1798.83 permits users of the SNN Websites who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com or write us:
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or unenforceable, for any reason, including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and SNN with respect to the use of this SNN Website and shall not be modified except in writing, signed by an authorized representative of SNN.
If you have any questions concerning this Agreement, you may send them by email to firstname.lastname@example.org.
You must send any official correspondence via postal mail to:
This SNN Website is governed by and operated in accordance with the laws of the United States of America and is intended for enjoyment of residents of the United States. SNN makes no representation that this SNN Website is governed by or operated in accordance with the laws of other nations. By using this SNN Website and submitting any personal information, visitors from outside of the United States acknowledge that this SNN Website is subject to U.S. law, consent to the transfer of their data and information to the United States, and waive any claims that may arise under the law of their own nation.
The SNN Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, SNN logos, titles, characters, names, graphics and button icons (collectively “SNN Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The SNN Intellectual Property is owned or controlled by SNN or by third parties that have provided material to the SNN Website.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any SNN Intellectual Property, information, software or products obtained from or through this SNN Website, in whole or in part, without the express written permission of SNN.
Other trademarks, service marks, product names and company names or logos appearing on this SNN Website that are not owned by SNN may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this SNN Website, or frame any page of this SNN Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the SNN Website in an email for commercial purposes, without the express written permission of SNN.
You may inquire about obtaining permission by writing:
In addition, you may send an email to email@example.com.
SNN respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights.
If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
In addition, you may send written notification by email to firstname.lastname@example.org.
Pursuant to 17 U.S.C. §512(c), to be effective, such written notification must include the following:
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
The referenced company (the “Company”) hereby engages Service Provider, and Service Provider agrees to be so engaged, to provide the Company with the public dissemination of certain information about the Company (collectively, the “Information Services”), through the use of media, including but not limited to publications and websites, owned and operated by Service Provider.
(a) Service Provider shall use commercially reasonable efforts in providing Information Services to the Company.
(b) The Company acknowledges that Service Provider will not independently verify any Company Information (as defined in Section 3(a) that is provided to the Service Provider.
(c) Service Provider is not engaged for, and notwithstanding anything contained herein to the contrary Service Provider shall not be involved in any manner with, any capital formation activities of the Company, including without limitation activities which require the use of a broker-dealer registered under Federal and/or applicable state securities laws. The Company understands that Service Provider is not a registered broker-dealer and as such will not act as a placement agent in connection with any merger, acquisition or financing transaction, nor will Service Provider earn or be paid any fees or commission that is success-based or dependent upon any such merger, acquisition or financing transaction occurring, whether pursuant to Section 5 of this Agreement or otherwise.
(a) The Company’s directors, officers and key personnel shall cooperate on a timely basis with all reasonable requests of Service Provider and its officers and employees to provide information about the Company, which may include without limitation, a description of the business of the Company as presently conducted, historical financial information and forward-looking information (collectively, “Company Information”) to assist Service Provider in providing the Information Services.
(b) The Company shall make its officers available to Service Provider, at reasonable times and upon reasonable notice.
(c) The Company grants Service Provider the right to publish and republish any and all Company Information in any format that currently exists or may exist in the future.
(a) As compensation for Service Provider’s services hereunder, the Company shall pay Service Provider the fees selected at the time of purchase.
In the performance of Service Provider’s duties hereunder, the Company agrees to (i) allow Service Provider to conduct such detailed due diligence on the Company as Service Provider determines, in its sole and absolute discretion, to be appropriate to perform its responsibilities under this Agreement and (ii) provide such additional information to Service Provider that is reasonably necessary, in Service Provider’s sole and absolute discretion, to ensure that Service Provider is fully capable of performing its responsibilities under this Agreement.
Service Provider acknowledges that, in the course of performing its duties hereunder, it may obtain information relating to the Company, which the Company has marked as confidential ("Confidential Information"). Service Provider shall hold at all times, both during the term of this Agreement and for a period of two (2) years following the termination of this Agreement, such Confidential Information in the strictest confidence and shall not use such Confidential Information for any purpose, other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without the Company's prior written consent. The foregoing notwithstanding, the term "Confidential Information" shall not include information which (i) becomes generally available to the public, other than as a result of a breach hereof, (ii) was available to Service Provider on a nonconfidential basis prior to its disclosure to Service Provider by the Company or (iii) becomes available to Service Provider on a nonconfidential basis from a source other than the Company, provided that such source is not bound by a confidentiality agreement with respect to such information. Service Provider shall not disclose any Confidential Information to any person or entity, other than to Service Provider's directors, employees or advisors as may be reasonably necessary for purposes of performing its duties hereunder, without the Company's prior written consent; provided, however, that Service Provider, its directors, officers, employees and advisors may disclose Confidential Information to the extent required by law or regulation, including but not limited to court orders, subpoenas, civil investigative demands and interrogatories, in each case without prior notice to Company.
(a) The Company represents and warrants that the Company owns or has the right to use all Company Information by way of license or otherwise, and in connection therewith, has the right to provide it to Service Provider for publication and republication. The Company further represents and warrants that all Company Information provided to Service Provider is accurate in all material respects and that all Company Information to be provided to Service Provider will be accurate in all material respects. No Company Information contains, or will contain, any untrue statement of a material fact or omits, or will omit, to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. The Company understands and agrees that all Company Information, including financial information, and all additional information that the Company includes in any filings which the Company makes from time to time with various regulators, including without limitation the Securities and Exchange Commission; the Financial Regulatory Authority; the Depository Trust Corporation; any stock exchange, automated quotation system, market or the equivalent wherever located in the world; any other U.S., state or foreign government regulators, and the contents thereof, are ultimately the sole responsibility of the Company and its officers and directors.
(b) The Company agrees to indemnify and hold harmless Service Provider (including each of its directors, officers, employees, advisors and agents) (individually, an “Indemnified Party”) with respect to any liability (and actions in respect thereof) incurred by any Indemnified Party by virtue of Service Provider’s retention hereunder and shall reimburse each Indemnified Party for any legal or other expenses reasonably incurred by such Indemnified Party in connection with investigating or defending any such liability or action (collectively, “Indemnified Losses”), provided that (i) the Company shall have the right to control the defense of any claim giving rise to such liability, provided that the Indemnified Party consents to the choice of counsel recognized as experienced in such matters, which consent shall not be unreasonably withheld, and (ii) no such claim shall be settled without the consent of the Company. The foregoing provisions shall survive termination of this Agreement and any investigation with respect thereto by any Indemnified Party.
(c) The Company agrees to indemnify and hold harmless each Indemnified Party for Indemnified Losses as a result of, or relating to, any service interruption, suspension, attack, virus, hacking, hijacking, loss of data or other malicious act by a third party to Service Provider’s website and any portion thereof.
(d) The Company agrees to indemnify and hold harmless each Indemnified Party for Indemnified Losses as a result of, or relating to, any copyright violation or unauthorized use of third party information, provided that such information was presented to Service Provider as Company Information.
The Company acknowledges that Service Provider is and will be providing Information Services and other services to other business enterprises, including businesses that may compete with the business of the Company, and agrees that Service Provider's provision of services to such enterprises shall not constitute a breach hereof or of any duty owed to the Company by virtue of this Agreement.
This agreement shall be effective as of the date of purchase and shall continue in effect for the purchase period or until terminated by either party pursuant to Section 10.
Either party may terminate this Agreement at any time and for any reason, with or without cause, upon giving two (2) business days’ prior written notice of termination to the other party; provided, however, that Service Provider shall be entitled to full compensation, as set forth in Section 4(a), through the date of termination, regardless of the reason for the termination, and shall be reimbursed all expenses incurred in connection with its performing its services hereunder pursuant to Section 4(b).
(a) This agreement shall be interpreted, controlled, and enforced in accordance with the substantive laws of the State of California without regarding to principles of conflicts of law.
(b) All disputes arising out of or relating to this Agreement will be resolved by mandatory, binding arbitration in accordance with this Section 11.
(e) Any arbitration commenced pursuant to this Section 11 will be conducted in Los Angeles, California. The arbitration will be conducted by a panel of three arbitrators, one chosen by each party to this Agreement and the third by agreement of the parties; failing agreement within thirty (30) days of commencement of the arbitration proceeding, the other appointed arbitrators will appoint the third arbitrator. The proceedings will be confidential and conducted in English. The arbitral tribunal will have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a disputed matter, and its award will be final and binding on the parties. The arbitral tribunal will determine how the parties will bear the costs of the arbitration. Notwithstanding the foregoing, each party will have the right at any time to immediately seek injunctive relief, an award of specific performance or any other equitable relief against the other party in any court or other tribunal of competent jurisdiction. During the pendency of any arbitration or other proceeding relating to a dispute between the parties, the parties will continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement, except with regard to the matters under dispute.
(f) The party who substantially prevails in any arbitration conducted under this Section 11 shall be entitled, in addition to all other relief granted by the arbitral tribunal, to an award in the full amount of costs incurred by it in connection with the arbitration, including without limitation filing fees, fees and expenses of the arbitrators and such party’s reasonable attorneys’ fees.
(a) This Agreement constitutes the entire agreement and final understanding of the parties with respect to the subject matter hereof and supersedes and terminates all prior and/or contemporaneous understandings and/or discussions between the parties, whether written or verbal, express or implied, relating in any way to the subject matter hereof. This agreement may not be altered, amended, modified or otherwise changed in any way except by a written agreement, signed by both parties.
(b) Any notice or other communication pursuant hereto shall be given to a party at its address first set forth above by and effective as of the date of (i) personal delivery, (ii) commercial overnight courier with written verification of receipt, (iii) registered or certified mail or (iv) facsimile or e-mail with electronic receipt and in any event a hard copy of such notice or other communications sent by one of the methods set forth in clauses (i)-(iii).
(c) By accepting the Information Services to be provided by Service Provider, the Company accepts and agrees to these Information Services Terms and Conditions in their entirety, whether presented in print, on line or attached to or embedded in an email or other form of electronic communication.
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