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Terms
of Use...

1. ACCEPTANCE OF TERMS Welcome to Pickwize.
Pickwize provides its service to you, subject
to the following Terms of Use ("TOU"), which may be updated
by us from time to time without notice to you. You can review
the most current version of the TOU at any time at: http://www.pickwize.com/terms.htm.
In addition, when using particular Pickwize
services, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated
by reference into the TOU.
2. INDEMNITY Data and information are provided for informational
purposes only. By utilizing the Pickwize Website,
user agrees to hold harmless Pickwize with regard
to losses or the potential loss of any or all of their investments
or stock trades undertaken as a result of information given
in the website. You are urged to MAKE NO INVESTMENT without
first researching the techniques contained herein in a hypothetical
manner, and to consult a qualified financial representative
with your intentions should you decide to do so. No guarantees
implied or otherwise, are made with regard to your investment
results. - see 9. below
3. DESCRIPTION OF SERVICE Pickwize currently
provides users with informational and instructional material.
You also understand and agree that the Service may include
advertisements. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including
the release of new Pickwize properties, shall
be subject to the TOU. You understand and agree that the Service
is provided "AS-IS" and that Pickwize assumes
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the
Service and that access may involve third party fees (such
as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary
to access the Service.
4. YOUR REGISTRATION OBLIGATIONS In consideration of
your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted
by the Service's registration form, if any, (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data, if any, to keep it true, accurate,
current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or Pickwize has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
Pickwize has the right to suspend or terminate
your account and refuse any and all current or future use
of the Service (or any portion thereof).
a) Your use of the Service is restricted to one individual only, or a Sole- Proprietorship or other entity which has at maximum two members. Your account designation and password (see 6 below) may be used by the individual designated by such entity solely on behalf of such entity and may be shared with the other member only for backup and security purposes. In no case shall a single account and password be used on behalf of more than two (2) individuals, participating as a single entity under terms of the agreement. Violations shall be subject to the rights of Pickwize as specified in 4 above.
b) (a) above is waived for those accounts of record and in good standing prior to August 4, 2008, the date of this amendment to TOU.
5. Pickwize PRIVACY POLICY Your e-mail
information may, at Pickwize's behest, be shared
with outside parties offering services Pickwize
deems appropriate for its members, HOWEVER you may opt out
of such dissemination by notifying Pickwize
in writing or by e-mail. Your information such as name and
address are never given to anyone without your express permission,
and further, where information in gathered for the purposes
of payment, your financial data is NEVER shared or sent over
non-secure (encrypted) pathways.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive
a password and account designation upon completing the Service's
registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify Pickwize of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Pickwize cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
7. MEMBER CONDUCT Under no circumstances will Pickwize be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
a) impersonate any person or entity, including, but
not limited to, a Pickwize official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
b) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
c) upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
d) upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
e) upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose;
f) upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
g) disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
h) interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
i) intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
You acknowledge that Pickwize does not
pre-screen Content, but that Pickwize and its
designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing,
Pickwize and its designees shall have the right
to remove any Content that violates the TOU or is otherwise
objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Pickwize
or submitted to Pickwize, including without
limitation information Pickwize PickSheet, and
in all other parts of the Service.
You acknowledge and agree that Pickwize
may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOU; (c) respond to claims
that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Pickwize,
its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing
the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from
the United States or the country in which you reside.
9. INDEMNITY Important Disclaimer: Data and information
are provided for informational purposes only. By utilizing
the Pickwize Website, a user agrees to hold
harmless Pickwize with regard to losses or the
potential loss of any or all of their investments or stock
trades undertaken as a result of information given in the
Pickwize website. You are urged to MAKE NO INVESTMENT
without first researching the techniques contained herein
in a hypothetical manner, and to consult a qualified financial
representative with your intentions should you decide to do
so. No guarantees implied or otherwise, are made with regard
to your investment results. You agree to indemnify and hold
Pickwize, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service,
your use of the Service, your connection to the Service, your
violation of the TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE You
acknowledge that Pickwize may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of times (and the maximum
duration for which) you may access the Service in a given
period of time. You agree that Pickwize has
no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge
that Pickwize reserves the right to log off
accounts that are inactive for an extended period of time.
You further acknowledge that Pickwize reserves
the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE Pickwize reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Pickwize
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service beyond a reasonable
pro-rated refund of subscriptions pre-paid in the unlikely
event of a server failure or similar event.
13. TERMINATION You agree that Pickwize,
in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Pickwize
believes that you have violated or acted inconsistently with
the letter or spirit of the TOU. Pickwize may
also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service
under any provision of this TOU may be effected without prior
notice, and acknowledge and agree that Pickwize
may immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or the Service. Further, you
agree that Pickwize shall not be liable to you
or any third-party for any termination of your access to the
Service beyond a reasonable pro-rated refund of subscription
monies pre-paid.
14. DEALINGS WITH ADVERTISERS Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser.
You agree that Pickwize shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service.
15. LINKS The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because Pickwize has no control over such sites
and resources, you acknowledge and agree that Pickwize is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that Pickwize
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content,
goods or services available on or through any such site or
resource.
16. Pickwize's PROPRIETARY RIGHTS You acknowledge
and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by Pickwize or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in
whole or in part.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND
AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Pickwize 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 NON-INFRINGEMENT. b. Pickwize MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, FINANCIAL
OR OTHERWISE, OBTAINED BY YOU FROM Pickwize
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND
AND AGREE THAT Pickwize SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Pickwize HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS If you intend to create or join any service, receive
or request any news, messages, alerts or other information
from the Service concerning companies, stock quotes, investments
or securities, please read the above Sections 17 and 18 again.
They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt.
The Service is provided for informational purposes only. Pickwize and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of
any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or
investment decisions made based on such information.
21. NOTICE Notices to you may be made via either e-mail
or regular mail. The Service may also provide notices of changes
to the TOU or other matters by displaying notices or links
to notices to you generally on the Service.
22. TRADEMARK INFORMATION Pickwize, the
Pickwize logo, and other Pickwize
logos and product and service names are trademarks of Pickwize (the "Pickwize Marks"). Without
Pickwize's prior permission, you agree not to
display or use in any manner, the Pickwize Marks.
23. GENERAL INFORMATION The TOU constitute the entire
agreement between you and Pickwize and
govern your use of the Service, superceding any prior
agreements between you and Pickwize. You
also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. The TOU and the relationship
between you and Pickwize shall be governed
by the laws of the State of Florida without regard to
its conflict of law provisions. You and Pickwize agree to submit to the personal and exclusive
jurisdiction of the courts located within the county
of Martin, Florida. The failure of Pickwize
to exercise or enforce any right or provision of the
TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the TOU remain in full force
and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the
TOU must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only
and have no legal or contractual effect.
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