Chat and Message Board Agreement
These chat and message
board services ("Stock Market Chat Room or Bulletin Boards") are provided
by THE ASTROLOGERS FUND, INC., . ("THE ASTROLOGERS FUND, INC.") to you
("you" or "user"), subject to the terms of this ASTROLOGERS FUND, INC.
Chat and Message Board agreement ("Agreement"), and the rules that may
be published from time to time by THE ASTROLOGERS FUND, INC., INC. This
currently is provided as a free service to users who agree to abide by
the terms and conditions of this Agreement. THE ASTROLOGERS FUND, INC.
reserves the right to change the nature of this relationship at any time.
Users who violate the terms of this Agreement permanently be banned from
visiting our web site.
CHAT AND MESSAGE BOARD
RULES: You are entirely responsible and liable for all activities conducted
through your Account. Listed below are some, though not all, violations
which may result in THE ASTROLOGERS FUND, INC. terminating your Account.
You agree not to do any of the following actions while using Stock Market
Chat Room or Bulletin Boards:
INTELLECTUAL PROPERTY: You agree that you will not post, upload or transmit any Content to Stock Market Chat Room or Bulletin Boards that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any chat room or message board, you automatically grant -- or warrant that the owner of such Content has expressly granted -- THE ASTROLOGERS FUND, INC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
CONTENT: You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. THE ASTROLOGERS FUND, INC. shall not be responsible for any Content. THE ASTROLOGERS FUND, INC. does not prescreen or monitor all Content as a matter of policy, but THE ASTROLOGERS FUND, INC. shall have the right, but not the responsibility, to remove Content which is deemed in THE ASTROLOGERS FUND, INC's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules THE ASTROLOGERS FUND, INC. has in place at the time. THE ASTROLOGERS FUND, INC. may elect at its sole discretion to monitor some, all, or no areas of Stock Market Chat Room or Bulletin Boards for adherence to this Agreement or THE ASTROLOGERS FUND, INC's rules.
PRIVACY: It is THE ASTROLOGERS FUND, INC's policy to take reasonable measures to respect the privacy of Stock Market Chat Room or Bulletin Boards participants. THE ASTROLOGERS FUND, INC. will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on THE ASTROLOGERS FUND, INC.; (ii) protect and defend the rights or property of THE ASTROLOGERS FUND, INC. or Stock Market Chat Room or Bulletin Boards or enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of Stock Market Chat Room or Bulletin Boards participants or the public.
DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF STOCK MARKET CHAT ROOM OR BULLETIN BOARDS IS AT YOUR OWN RISK. THE ASTROLOGERS FUND, INC. SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON STOCK MARKET CHAT ROOM OR BULLETIN BOARDS. THE ASTROLOGERS FUND, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ASTROLOGERS FUND, INC. MAKES NO WARRANTY THAT STOCK MARKET CHAT ROOM OR BULLETIN BOARDS WILL MEET YOUR REQUIREMENTS, OR THAT STOCK MARKET CHAT ROOM OR BULLETIN BOARDS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE ASTROLOGERS FUND, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STOCK MARKET CHAT ROOM OR BULLETIN BOARDS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH STOCK MARKET CHAT ROOM OR BULLETIN BOARDS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STOCK MARKET CHAT ROOM OR BULLETIN BOARDS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF STOCK MARKET CHAT ROOM OR BULLETIN BOARDS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY: TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, THE ASTROLOGERS FUND, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE STOCK MARKET CHAT ROOM OR BULLETIN BOARDS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH STOCK MARKET CHAT ROOM OR BULLETIN BOARDS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF THE ASTROLOGERS FUND, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SPECIAL ADMONITIONS TO PARTICIPANTS IN FINANCIAL AND BUSINESS & CHAT AND MESSAGE BOARDS: If you intend to participate in any of the Stock Market Chat Room or Bulletin Boards, or in any other chat or message boards in Stock Market Chat Room or Bulletin Boards where investments or securities are discussed, read the above three capitalized paragraphs again -- they apply particularly to you. In addition, in these types of chats and message boards particularly, the watchword should be "Let the investor beware." Information obtained in chat rooms and message boards is no substitute for independent research, and it's NOT a good idea to trade or make any investment decisions based solely or even largely on information obtained in a chat room or on a message board. Never assume people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated. THE ASTROLOGERS FUND, INC. cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
TERMINATION: You or THE ASTROLOGERS FUND, INC. may terminate your Account at any time for any reason. Once your Account is terminated, you cannot access Stock Market Chat Room or Bulletin Boards in any manner or for any reason without the express written consent of THE ASTROLOGERS FUND, INC., and you cannot assist in enabling a terminated user access to Stock Market Chat Room or Bulletin Boards using or via your Account.
MINORS: In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of Stock Market Chat Room or Bulletin Boards; and (iii) the consequences of any misuse. You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account. YOU ACKNOWLEDGE THAT SOME AREAS OF STOCK MARKET CHAT ROOM OR BULLETIN BOARDS MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
MISCELLANEOUS: This Agreement shall be governed by and construed in accordance with the laws of the state of New York excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of New York for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
WHAT TO DO: If you witness chat in a public chat room or messages on a message board that violates this Agreement or the Stock Market Chat Room or Bulletin Boards rules then in effect, please email the offending person's identification and cut and paste the relevant content into an email to firstname.lastname@example.org. THE ASTROLOGERS FUND, INC. cannot guarantee that any action will be taken as a result of your email. Please refer to this Agreement from time to time for any updates THE ASTROLOGERS FUND, INC. may make to this Agreement and to Stock Market Chat Room or Bulletin Boards rules.
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