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.