The following Terms and Conditions of Use (the 'Terms') shall govern your use of Valueinvestorsclub.com, and you shall be deemed to have agreed to each of the provisions set forth in the Terms by your action in using and accessing any information set forth on Valueinvestorsclub.com. Valueinvestorsclub.com reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time.
WELCOME to VALUEINVESTORSCLUB.com ("VIC"). VIC offers Valueinvestorsclub.com for use in accordance with these Terms. Please read the following Terms which contain important information concerning your use of this service. Your use of Valueinvestorsclub.com shall constitute, and is conditioned upon, acceptance of these Terms.
CONTENT: All materials and information published on Valueinvestorsclub.com, including, without limitation, information, text, recommendations, financial analysis, opinions, images, graphics, software, statements, lists and all other information (the 'Content') are intended solely for your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, sell, display or in any similar way commercially exploit by resale or otherwise, any of the Content, in whole or in part.
All Content is owned or controlled by VIC or the party credited as the provider of such Content. The Content, and the entire Valueinvestorsclub.com site, including without limitation selection, coordination, arrangement, reproduction and enhancement of such Content, all materials published by VIC and all postings on Valueinvestorsclub.com, is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Reproduction of the Valueinvestorsclub.com site, in whole or in part, without written permission of VIC is strictly prohibited.
To the extent that you may download or copy Content, you may only do so for personal use(s) and not for resale or reproduction, and provided that you maintain all copyright and other notices contained in such Content. In the event you download any software from Valueinvestorsclub.com, such software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, are licensed to you by VIC and you may not redistribute, sell, decompile, reverse engineer or otherwise re-use the software. VIC retains full and complete title and rights to all intellectual property in Valueinvestorsclub.com.
SUBMISSIONS: You are and shall remain solely responsible for your submissions on and to Valueinvestorsclub.com. VIC is not responsible for the content or message of your submissions. VIC does not verify or guarantee, and makes no representation or warranty of any kind or nature as to, the accuracy, veracity or completeness of any information or recommendations provided by others on Valueinvestorsclub.com, nor does VIC endorse, support, sanction, encourage, verify, agree with, or reject, diminish or disagree with, the ideas, comments, recommendations, opinions or statements posted by others onValueinvestorsclub.com.
While VIC does not and cannot review every message posted or idea or recommendation submitted to Valueinvestorsclub.com, VIC reserves the right, in its sole discretion, but assumes no duty, to delete, move, or edit submissions that it deems unreliable, incomplete, inaccurate, false, inappropriate, defamatory, obscene, in violation of copyright, trademark or other applicable laws, or otherwise unacceptable, and you expressly acknowledge that your submissions may be edited, removed, modified, published, re-published, transmitted and displayed by VIC in its sole discretion.
USE OF SITE; PROMOTION PROHIBITED: Valueinvestorsclub.com ideas, recommendations and Content shall be used only in a non-commercial manner. Valueinvestorsclub.com shall not be used to solicit users to become users of other services or for any other business marketing or promotion. You shall not disrupt or interfere with any aspect or element of Valueinvestorsclub.com nor shall you do anything which, in the judgment of VIC, will restrict or inhibit any other user from using and enjoying Valueinvestorsclub.com. You shall not, without the express written approval of VIC, post or otherwise distribute any material containing any solicitation of funds, advertising or solicitation for goods or services. You shall not promote, tout or hype a stock or company, nor shall you post the same note on multiple occasions in a single day (a practice known as "spamming"). You shall not upload to, or otherwise submit or publish through, Valueinvestorsclub.com any content or material which is libelous, defamatory, obscene, pornographic, abusive, or hateful, or which invades anyone's privacy, encourages conduct that would constitute a criminal offense, or otherwise violates any third party rights or local, state, federal or international law or regulation.
Those with formal connections or affiliations to or with a company being discussed on Valueinvestorsclub.com, including among other things any and all positions of employment, directorships, consultancies and/or substantial share holdings, must identify themselves as such, and disclose such connection or affiliation, within their first submission on that topic, company focus, or subject matter.
The author or creator of any and all submissions in print or other forms or other uploads to Valueinvestorsclub.com forums, discussion groups and/or billboards, transfers and assigns to VIC, by virtue of submission to Valueinvestorsclub.com and this Agreement, the entire copyright, throughout the universe, in any and all media and forms of publication, reproduction, transmission, distribution, performance, or display, now in existence or hereafter developed, in such work or other original materials; without separate, retained or reversionary rights being held by such author, creator or other person submitting such work. The foregoing grant shall include but not be limited to the right to publish the work or submission on Valueinvestorsclub.com or any other affiliated site or publication, and the right of Valueinvestorsclub.com and its affiliates to use, act on and reuse such submission. VIC may exercise the rights granted herein in such from as it may in their sole discretion determine; such that the submitted material maybe published, reproduced, reprinted, distributed, performed, displayed, included in anthologies and compilations, and/or otherwise transmitted (including but not limited to electronic and optical versions and in any other media now in existence or hereafter developed) in whole or in part, whether or not combined with the work of others.
SECURITIES TRADING BY VIC AFFILIATES: Certain VIC affiliates are engaged in stock and securities trading and investment and investment management. These funds and trusts may have positions (either long or short) in the securities of companies recommended or profiled or otherwise mentioned on and in Valueinvestorsclub.com, or may be bought or sold following, or as a result of, recommendations, analysis or information submitted to, or contained in, Valueinvestorsclub.com. Neither VIC, nor any affiliate, shall be obligated to disclose such investments or trading activity at any time.
WARRANTIES AND LIMITATION OF LIABILITY : You represent, warrant and covenant that no materials of any kind submitted through your account will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (b) violate any applicable laws: (c) contain any undisclosed material inside information, or (d) contain false, libelous or otherwise unlawful material. You agree to indemnify, defend and hold harmless VIC, and all affiliates, officers, directors, agents and employees of VIC, from and against any and all liability and costs incurred by them (including, without limitation, attorneys fees) in connection with any claim arising out of any breach by you, or any user of your account, of these Terms or of the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. VIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
VIC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through Valueinvestorsclub.com by any user, information provider, or other third party. VIC is not a broker, a dealer, or a registered investment adviser. Nothing in Valueinvestorsclub.com constitutes an offer or a solicitation to buy or sell any securities mentioned. Nothing in Valueinvestorsclub.com is intended as specific investment advice and no individual should make any investment decision based solely on any recommendation or analysis provided on Valueinvestorsclub.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk and you bear responsibility for your own research and investment decisions.
VIC may discontinue or revise any or all aspects or features of VIC at its sole discretion and without prior notice. VIC is not liable for the interruption or loss of the use of Valueinvestorsclub.com, for any reason, or any loss to you caused thereby. Valueinvestorsclub.com and all downloadable software are distributed on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. VIC does not make any warranties, express or implied, respecting the security of the service or any harm caused by the transmission of any computer virus, worm, bomb, or other computer program through Valueinvestorsclub.com. You hereby acknowledge that use of the site is at your sole risk.
In no event shall VIC be liable to you or any third party for any damages of any kind arising out of the use of any Content or other material published or available on Valueinvestorsclub.com, or relating to the use of, or inability to use, Valueinvestorsclub.com or any Content, including, without limitation, any investment losses, lost profits, lost opportunity, special, incidental, indirect, consequential or punitive damages, even if VIC has been advised of the possibility or probability that such damages may be sustained in advance thereof.
COMMUNICATIONS: VIC reserves the right to send electronic mail and/or facsimile transmissions to you for the purpose of informing you of changes or additions to Valueinvestorsclub.com and/or relating to other products and services.
GENERAL: This document constitutes an agreement between you and VIC which shall be deemed to have been made in, and which shall be construed and enforced in accordance with the law of, the State of New York (without regard to conflict of laws principles). You may not transfer or assign your rights or obligations under this agreement. Any claim arising under these Terms shall be brought in a Federal or State located in New York City. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
S&P END USER AGREEMENT: With respect to any information provided by Standard & Poor’s Financial Services, LLC (“S&P”) though VIC:
(i) Neither S&P nor their affiliates nor any of their third-party suppliers shall have any liability for the accuracy or completeness of the information or software furnished through VIC, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages;
(ii) The S&P information is not investment advice and a reference to a particular investment or security, credit rating or any observation concerning a security or investment provided by S&P in the S&P information is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions;
(iii) S&P and its’ affiliates or their third-party suppliers have exclusive proprietary rights in the S&P information;
(iv) You shall not use or permit anyone to use the S&P information for any unlawful or unauthorized purpose;
(v) The S&P information is being provided for your internal use only and you are not authorized or permitted to distribute or otherwise furnish such information or software to any third-party without prior written approval of S&P;
(vi) Access to the S&P information is subject to termination in the event that any agreement between VIC and S&P terminates for any reason; and
(vii) S&P may enforce its rights against you as the a third-party beneficiary of their this agreement with VIC, even though S&P is not a party to this agreement.