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Terms and ConditionsPLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY Razor Data SERVICES INCLUDING THE WEBSITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BETWEEN YOU AND Razor Data. PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT. Razor Data provides the web pages available at RebelInvesting.com (the "Site") to you pending your acceptance and adhearance to the following terms and conditions: Web Site Access Subject to the terms and conditions of this Agreement, Razor Data may offer to provide certain information, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Content"), solely for your own use, and not for the use or benefit of any third party. Content shall include, but not be limited to, any information RebelInvesting.com makes available to you, as well as the offering of any content on the Site. Razor Data may change, suspend or discontinue the Content at any time, including the availability of any feature, database, or commentary. Razor Data may also impose limits on certain features and content or restrict your access to parts or all of the Content without notice or liability. Razor Data reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending you a notice via e-mail or postal mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this User Agreement as modified. You certify that you are legally permitted to use the Content and access the Web Site, and take full responsibility for the selection and use of the Content and access of the Web Site. You also certify to Razor Data that you are an individual at least 18 years of age. You also agree that you will comply with any local laws or regulations that may apply to your use of the Content, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Web Site or otherwise use the content, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services. This Agreement is void where prohibited by law, and the right to access the Web Site is revoked in such jurisdictions. Site Content The Site and its contents are intended solely for the use of Razor Data users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Web Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Razor Data or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Content), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Commentary in whole or in part. You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Razor Data, or from the copyright holder identified in such Content's copyright notice. You acknowledge and agree that if you use any of the Services to contribute Content to the Site, such Content shall become Razor Data's property. You hereby assign all rights, title and interests in and to such contributions to Razor Data Corp. To the extent allowed by law, you also assign and waive all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Razor Data and agree not to assert any Moral Rights with respect thereto. You warrant and represent that you will not contribute any Content that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. You acknowledge that you have no ownership rights in Razor Data's Web Site. To the extent that any rights in the Agents are created, you hereby assign all rights, title and interests in and to such Agents to Razor Data. To the extent allowed by law, you also assign and waive all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Razor Data and agree not to assert any Moral Rights with respect thereto. Third Party Information You understand that parts of the Content, as well as software tools and portions of the Commentary available on the Site may be provided by third party content providers and suppliers. You acknowledge that neither Razor Data nor such third party providers and suppliers guarantee the accuracy, completeness or timeliness of such information and you therefore agree that Razor Data and its third party providers and suppliers shall have no liability for any loss you may suffer through your use of such materials or resulting from any errors, omissions or delays related thereto. No Advice You acknowledge that Razor Data provides no tax, legal or investment advice of any kind, nor does it give advice or offer any opinion with respect to the nature, potential value or suitability of any particular security, securities in general, securities transactions, or investment strategy. You further acknowledge that while you may be able to access investment research reports through the Web Site or the Commentators, the availability of such information does not constitute a recommendation by Razor Data to buy or sell any of the securities discussed therein. Any investment decisions you make will be based solely on your own evaluation of your financial circumstances and investment objectives. Razor Data does not recommend the use of the information or tools provided through the RebelInvesting.com web site in investment decisions. Accordingly, you agree that Razor Data shall have no liability from any claims of loss or liability you may incur as a result of your use of the information or services described above. Restrictions You are responsible for all of your activity in connection with the Commentator's articles and the information accessed on the Web Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access the Web Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Razor Data user. Use of the Web Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while you are not logged in. Warranty Disclaimer Razor Data makes no representations or warranties about the use, applicability, or performance of the Web Site or any tools made available on the Web Site. You acknowledge that Razor Data has no control over, and no duty to take any action regarding: which users gain access to the Web Site; what Content you access via the Web Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Razor Data has no special relationship with or fiduciary duty to you. You release Razor Data from all liability for your having acquired or not acquired Content through the Site. The Web Site may contain, or direct you to Web Sites containing, information that some people may find offensive or inappropriate. Razor Data makes no representations concerning any content contained in or accessed through the Web Site, and Razor Data will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOU FURTHER ACKNOWLEDGE THAT THE CONTENT AND WEB SITE ARE ACCESSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnity You will indemnify and hold Razor Data, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claims of liability or responsibility for any use or misuse of the Web Site as selected or as applied by you, (ii) any claim or demand made by any third party due to or arising out of your access to the Web Site, use of the Web Site, the violation of this Agreement by you, or the infringement by you, or any third party using your Razor Data User ID and password, of any intellectual property or other right of any person or entity. Registration and Security As a condition to using Services, you may be required to register with Razor Data and select a password and Username ("Razor Data's User ID"). Subscriber shall provide Razor Data with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as an Razor Data User ID a name of another person with the intent to impersonate that person; or (ii) use as an Razor Data User ID a name subject to any rights of a person other than you without appropriate authorization. Razor Data reserves the right to refuse registration of, or cancel an Razor Data User ID in its discretion. You are responsible for maintaining the confidentiality of your Razor Data password and any activity or transaction entered into using your password will be deemed to have been entered into by you. Limitation of Liability Razor Data SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. Termination Either party may terminate the access to the Web Site at any time by notifying the other party by any means. Razor Data may also terminate or suspend any and all access to the Web Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Account, your right to access the Web Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Notice Communications may be sent to you by Razor Data at your postal or electronic mail address or at such other address as you may give to us in writing or enter on the web site. All communications so sent, whether by mail, email or otherwise, shall be deemed delivered and received, whether actually received or not. Miscellaneous The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Razor Data shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Razor Data's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force, in effect, and enforceable. This Agreement is not assignable, transferable or sub licensable by Subscriber except with Razor Data's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Utah without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Razor Data in any respect whatsoever. |
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