This Agreement sets forth the terms and conditions which apply to your use of the SMF.com web site (the "Service") which is offered to you by StockMarketFunding.com, LLC ("SMF" herein). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
1. Restrictions on Use. By using this Service, you agree that you are over the age of 13, or, if you are 13 or under, you have obtained the consent of your parent to use the Service. This Service is owned and operated by SMF and its affiliated companies and third party service providers, and contains material which is derived in whole or in part from material supplied and owned by SMF, and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by SMF or its licensors, and neither SMF nor their licensors, transfer title to any such Material to you.
2. Message Board and Chat Services. (a) General. The SMF message boards (the "Message Boards") and chat areas (collectively with the Message Boards, the "Community Areas") are currently provided as free services. SMF reserves the right to change the nature of this relationship at any time. Violation of the terms of this Agreement may result in the termination of your right use the Community Areas.
(b) Rules. It is a condition of your use of the Community Areas and this Service that you do not:
(i) restrict or inhibit any other user from using and enjoying the Community Areas;
(ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
(iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or trojan horses;
(iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
(v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising;
(vi) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (vii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
(viii) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or
(i) use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication, and
(ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of SMF. The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction.
(e) Content. Communications posted in the Community Areas are provided by users such as yourself who are unaffiliated with SMF, and the user providing each such Communication is solely responsible for the content thereof. In using the Community Areas, you should not assume that such messages have been reviewed by SMF, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party.
(f) Personal Safety. When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
3. Submissions.SMF is pleased to hear from users and welcomes your comments regarding SMF's programs and services. Unfortunately, SMF's company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by SMF's employees and agents might seem to be similar to creative works submitted by users. If, at our request, you send certain specific submissions (postings to the Community Areas, or contests), or without a request from us you send creative suggestions, comments, ideas, notes or concepts or other materials, they shall be deemed, and shall remain, the property of SMF, and shall otherwise be subject to the provisions of Section 2(d), above.
4. Trading with Online Brokerage and Mutual Fund Firms.The Service provides links to online trading services for your convenience only. These online trading services are provided by registered broker dealers and mutual fund companies, and such broker dealers and mutual fund companies are solely responsible for any services provided to you. SMF IS NOT A REGISTERED BROKER DEALER OR MUTUAL FUND COMPANY.
5. Coaching Services. SMF offers coaching and mentoring services for a fee, which fee may be in addition to other fees and charges assessed by SMF. The purpose of the coaching and mentoring service is to educate SMF customers on a personal level regarding trading in the stock markets. Inasmuch as the services are educational, SMF assumes no responsibility for the user's actual trading practices or results. Moreover, representations of past performance by a coach or mentor cannot be construed as a guarantee of future performance. Trading on the stock market is risky and subject to a wide variety of local and global events. Therefore, SMF cannot, and does not, guarantee your success based upon your use of any educational materials, products or advice provided by SMF, or its coaches and mentors.
Additionally, to the extent SMF provides any product and/or service in conjunction with its coaching and mentoring service, it is understood that such products and services are educational in nature and that such products and/or services do not guarantee success in the stock market. As a user of products and services offered by SMF you understand that SMF, its consultants, coaches, mentors, affiliates and representatives are not responsible for your trading practices and that you will not hold SMF responsible in any way for either your financial success or failure as a trader using the educational materials, products, or suggestions of the coaches and mentors of SMF.
6. Content Disclaimer.SMF solely provides investment information to its users and is not intended to provide investment advice. SMF does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, the views, opinions or recommendations on SMF, or advocate the purchase or sale of any security or investment.
7. Disclaimer of Warranties.SMF HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER SMF, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT SMF) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
8. Limitation of Liability. IN NO EVENT SHALL SMF, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SMF OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SMF ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. Indemnification.You agree to defend, indemnify and hold harmless SMF its parent, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property, right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
10. Termination.This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate this Agreement; (b) immediately by SMF for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, or (iii) any other access or use of the Service except as expressly provided in this Agreement; or (c) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which SMF may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to SMF and its licensors.
11. Minors.If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor.
12. Child Online Protection Act Notification.Pursuant to 47 U.S.C. Section 230(d) as amended, SMF hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
13. Infringement Policy.SMF, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. SMF accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), SMF has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
14. Modification.SMF reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
15. Jurisdiction.Unless otherwise specified, the materials on this Service are presented solely to provide information regarding and to promote SMF's products and services available in the United States , its territories, possessions and protectorates. This Service is controlled and operated by SMF from its offices within the state of Nevada, and by certain third party providers from their offices within the United States of America . Neither SMF nor any third party service provider makes any representation that materials on this Service are appropriate or available for use outside the United States . Those who choose to access this Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Service is further subject to United States export controls. No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Miscellaneous.This agreement shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of SMF. Any assignment other than as provided for in this Section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.