Terms of Use Agreement
Phinanz.net, Inc. maintains this web site (www.phinanz.net) as a service to
its customers. By using this web site you are agreeing to comply with and
be bound by the following Terms of Use Agreement. Please review it carefully.
If you do not agree to these terms, you should not review the information
available on, or obtain products and / or services from, this web site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
with respect to this web site. This Agreement constitutes the entire and only
agreement between Phinanz.net, Inc. and you. It supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to this web site, its content and products or services provided by or
through it. This Agreement may be amended at any time by Phinanz.net, Inc.
without specific notice. The latest Agreement will be posted on the web site,
and you should review the agreement prior to using it.
2. Communications available through Phinanz.net, Inc. and this web
site are for informational purposes only.
PHINANZ.NET, INC. AND ITS EMPLOYEES ARE NOT INVESTMENT ADVISORS. SINCE THE
INFORMATION AVAILABLE THROUGH THIS WEB SITE DOES NOT TAKE INTO CONSIDERATION FACTORS
RELATED TO ANY INDIVIDUAL'sS OR INSTITUTION'S INVESTMENT PROFILE, INCLUDING BUT NOT
LIMITED TO RETURN REQUIREMENTS, RISK TOLERANCES, LIQUIDITY NEEDS, TIME HORIZONS, TAX
STATUS', LEGAL STATUS', AND OTHER SPECIAL OR UNIQUE NEEDS, IT CANNOT BE CONSTRUED AS
INVESTMENT ADVICE.
3. Past Performance.
PAST INVESTMENT PERFORMANCE REFERENCED THROUGH PHINANZ.NET'S COMMUNICATIONS IS NOT
AN INDICATION OF FUTURE PERFORMANCE.
4. Disclosure of Conflicts.
YOU AGREE AND UNDERSTAND THAT, AS A MATTER OF POLICY, PHINANZ.NET AND / OR ITS
EMPLOYEES MAY PLACE TRADES AND HOLD OR INTEND TO HOLD BOTH LONG AND / OR SHORT POSITIONS
IN THE SECURITIES RELATED TO THE COMPANIES AND / OR STRATEGIES REFERENCED ON AND THROUGH
THIS WEB SITE.
5. Data Sources and Copyright.
The charts and related time series presented on this website are maintained
with data purchased under contract for their intended application, or
with information available in the public domain. Except as otherwise indicated, the
content, organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the web site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, unauthorized redistribution, use or publication by you of
any such matters or any part of the web site is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the web site.
Phinanz.net's posting of information or materials on the web sites does not
constitute a waiver of any right in such information and materials.
Note: Phinanz.net, Inc. makes available summarized stock headline news alerts from select pubicly
traded organizations through its Stock Headline News Alert Ticker and other areas of the
site, including its gadgets, news ticker application and news alert summary page among others.
If you would like your organization's releases excluded from this list please feel free to
contact Phinanz.net with your request, and we will remove it.
6. Trademarks.
Phinanz.net, The Financial Idea Engine, zCMX, zMNY, zBNZ, zSTX and a.m.investor.Brief
are Phinanz.net's trademarks. Other product and company names mentioned on the web
site are or may be trademarks or registered trademarks of their respective owners.
7. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the
web site grants you only a limited, nonexclusive license for use solely by you for
your own personal non-commercial use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use.
8. Editing, Deleting and Modification.
Phinanz.net reserves the right in its sole discretion to edit or delete any documents,
information or other content appearing on the web site.
9. Indemnification.
You agree to indemnify, defend and hold Phinanz.net, Inc. and its partners,
attorneys, staff and affiliates (collectively, Affiliated Parties)
harmless from any liability, loss, claim and expense, including
reasonable attorneys fees, related to your violation of this Agreement
or use of the web site.
10. Disclaimer and Limits.
THE INFORMATION OBTAINED FROM OR THROUGH THE WEB SITE IS PROVIDED AS-IS,
AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPLIED INVESTMENT RESEARCH
AND YOU. THIS SITE AND THE RELATED INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM APPLIED INVESTMENT RESEARCH THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
ALL RESPONIBILITY OR LIABILITY FOR ANY DAMAGES CASUED BY VIRUSES
CONTAINED WITHIN AN ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED. PHINANZ.NET WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE
OF OR INABILITY TO USE ITS SITE. PHINANZ.NET'S MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR
ANY PRODUCTS, SERVICES OR INFORMATION
11. Use of Information.
Phinanz.net reserves the right, and you authorize Phinanz.net, to the use
and assignment of all information regarding web site uses by you and all
information provided by you in any manner consistent with our Privacy Policy.
12. Third-Party Services.
From time to time Phinanz.net advertises third-party merchant sites
(Merchants) from which you may purchase certain goods or services. You
understand that Phinanz.net does not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. Phinanz.net
is not a party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY PHINANZ.NET, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS PHINANZ.NET LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR
ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
ITS SITES.
13. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. Phinanz.net is not
responsible for information provided by you to Merchants. Phinanz.net and
the Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
14. Privacy Policy.
Phinanz.net's Privacy Policy, as it may change from time to time, is a part
of this Agreement.
15. Securities Laws.
This web site may include statements concerning Phinanz.net's operations,
prospects, strategies, financial condition, future economic performance
and demand for its products or services, as well as its intentions,
plans and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which are beyond the
Company's control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "may," "intends,"
"could," "potentially," and other similar or related expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The site and
the information contained therein do not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained therein is intended to be, and shall not be deemed
to be, incorporated into any securities-related filings or documents.
16. Links to other Web Sites.
The web site contains links to other web sites. Phinanz.net is not
responsible for the content, accuracy or opinions expressed in such web
sites, and such web sites are not investigated, monitored or checked for
accuracy or completeness by Phinanz.net. Inclusion of any linked Web
site on this site does not imply approval or endorsement of the linked
Web site by Phinanz.net. If you decide to leave Phinanz.net's site and
ccess these third-party sites, you do so at your own risk.
17. Copyrights Violations.
Phinanz.net respects the intellectual property of others, and asks you to
do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, please contact Phinanz.net via
email, and we will provide you with additional instructions to resolve
your concerns.
18. Information and Announcements.
This web site may contain information and announcements about Phinanz.net
and its employees. While this information is believed to be accurate as
of the date prepared, the Company disclaims any duty or obligation to
update this information or any announcements. Information about
companies other than Phinanz.net contained in the announcements or otherwise,
should not be relied upon as being provided or endorsed by Phinanz.net.
19. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in
Mecklenburg County, North Carolina and shall be governed by and construed in
accordance with the laws of the State of North Carolina (without regard to
conflict of law principles). Any cause of action by you with respect to the web
site (and / or any information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the
limitations set forth in Phinanz.net's Terms of Use Agreement. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly for
or against either party. All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Mecklenburg County, North Carolina.
You expressly submit to the exclusive jurisdiction of said courts and consent to
extra-territorial service of process. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. The Company's failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.
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