Terms Of Service
1. ACCEPTANCE OF TERMS
Welcome to SteadyEddie.net! SteadyEddie.net
provides its service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any
time at: http://www.steadyeddie.net/tos.cfm. In addition, when using
particular SteadyEddie.net services, you and SteadyEddie.net 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 TOS. SteadyEddie.net
may also offer other services that are governed by different Terms
of Service.
2.
DESCRIPTION OF SERVICE
SteadyEddie.net
currently provides users with access to a rich collection of resources,
including, various trading tools, forums, and premium content through
its network of properties (the "Service"). You also understand and
agree that the Service may include advertisements and that these advertisements
are necessary for SteadyEddie.net to provide the Service. You also
understand and agree that the service may include certain communications
from SteadyEddie.net, such as service announcements, administrative
messages and the SteadyEddie.net Newsletter, and that these communications
are considered part of SteadyEddie.net membership and you will not
be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new SteadyEddie.net properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS"
and that SteadyEddie.net assumes no responsibility for the timeliness,
deletion, mis-delivery or failure of the premium services. 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.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or SteadyEddie.net has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, SteadyEddie.net
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).
4.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will create 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 SteadyEddie.net 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.
SteadyEddie.net cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 4.
You
agree to not use the Service to:
- impersonate any person or entity, including,
but not limited to, a SteadyEddie.net official, forum leader, guide
or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service;
- 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);
- 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;
- 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 (please read
our complete Spam Policy);
- 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;
- 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;
- 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;
- "stalk" or otherwise harass another; or
- collect or store personal data about other
users.
You acknowledge that SteadyEddie.net may not
pre-screen Content, but that SteadyEddie.net 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, SteadyEddie.net and its designees shall have
the right to remove any Content that violates the TOS 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 SteadyEddie.net
or submitted to Yahoo Groups, including without limitation information
in SteadyEddie.net Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that
SteadyEddie.net may access, preserve, and disclose your account information
and Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of SteadyEddie.net, 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.
You
understand that the Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set
by SteadyEddie.net and/or content providers who provide content to
the Service. You may not attempt to override or circumvent any of
the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
5.
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.
6.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SteadyEddie.net
does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the
Service, you grant SteadyEddie.net the following world-wide, royalty
free and non-exclusive license(s), as applicable:
With
respect to Content you submit or make available for inclusion on publicly
accessible areas of SteadyEddie.net Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and promoting
the specific SteadyEddie.net Group to which such Content was submitted
or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate
at the time you remove or SteadyEddie.net removes such Content from
the Service.
With
respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than
SteadyEddie.net Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content
on the Service solely for the purpose for which such Content was submitted
or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate
at the time you remove or SteadyEddie.net removes such Content from
the Service.
With
respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas
of the Service other than SteadyEddie.net Groups, the perpetual, irrevocable
and fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the SteadyEddie.net
network of properties that are intended by SteadyEddie.net to be available
to the general public. By way of example, publicly accessible areas
of the Service would include SteadyEddie.net Message Boards and portions
of SteadyEddie.net Yahoo Groups, Photos and Briefcase that are open
to both members and visitors. However, publicly accessible areas of
the Service would not include portions of SteadyEddie.net Groups that
are limited to members, SteadyEddie.net services intended for private
communication such as SteadyEddie.net Premium Services, or areas off
of the SteadyEddie.net network of properties such as portions of World
Wide Web sites that are accessible through via hypertext or other
links but are not hosted or served by SteadyEddie.net.
7.
INDEMNITY
You
agree to indemnify and hold SteadyEddie.net, 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 TOS, or your violation of any rights of another.
8.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including
your SteadyEddie.net Username), use of the Service, or access to the
Service.
9.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that SteadyEddie.net may establish general practices and
limits concerning use of the Service, including without limitation
the maximum number of days that stock data and related stock information
will be retained by the Service. You agree that SteadyEddie.net has
no responsibility or liability for the deletion or failure to store
any stock related information. You acknowledge that SteadyEddie.net
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that SteadyEddie.net reserves
the right to modify these general practices and limits from time to
time.
10.
MODIFICATIONS TO SERVICE
SteadyEddie.net
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 SteadyEddie.net shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
11.
TERMINATION
You
agree that SteadyEddie.net may, under certain circumstances and without
prior notice, immediately terminate your SteadyEddie.net account,
any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches
or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), and
(e) unexpected technical or security issues or problems. Termination
of your SteadyEddie.net account includes (a) removal of access to
all offerings within the Service, including but not limited to SteadyEddie.net
Mail, Groups, Message Boards, (b) deletion of your password and all
related information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall
be made in SteadyEddie.net's sole discretion and that SteadyEddie.net
shall not be liable to you or any third-party for any termination
of your account, any associated email address, or access to the Service.
12.
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 SteadyEddie.net 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.
13.
LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because SteadyEddie.net has no
control over such sites and resources, you acknowledge and agree that
SteadyEddie.net 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 SteadyEddie.net 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.
14.
SteadyEddie.net'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 SteadyEddie.net 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.
SteadyEddie.net
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the
interface that is provided by SteadyEddie.net for use in accessing
the Service.
15.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. STEADYEDDIE.NET 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.
STEADYEDDIE.NET
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.
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.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
STEADYEDDIE.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
A
SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT STEADYEDDIE.NET SHALL NOT BE LIABLE
TO YOU 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
YAHOO 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.
17.
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 15
AND 16 MAY NOT APPLY TO YOU.
18.
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 15 and 16 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, and no Content included in the Service is intended for trading
or investing decisions as a result of the Content. YOU ARE RESPONSIBLE
FOR YOUR OWN DUE DILIGENCE WHEN MAKING INVESTING DECISIONS. SteadyEddie.net
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.
19.
NO THIRD PARTY BENEFICIARIES
You
agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
20.
NOTICE
SteadyEddie.net
may provide you with notices, including those regarding changes to
the TOS, by either email, regular mail, or postings on the Service.
21.
TRADEMARK INFORMATION
The
SteadyEddie.net, SteadyEddie.net logo, SteadyEddie.net Groups, trademarks
and service marks and other SteadyEddie.net logos and product and
service names are trademarks of SteadyEddie.net Inc. (the "SteadyEddie.net
Marks"). Without SteadyEddie.net's prior permission, you agree not
to display or use in any manner, the SteadyEddie.net Marks.
22.
GENERAL INFORMATION
Entire
Agreement. The TOS constitute the entire agreement between you and
SteadyEddie.net and govern your use of the Service, superceding any
prior agreements between you and SteadyEddie.net. You also may be
subject to additional terms and conditions that may apply when you
use or purchase certain other SteadyEddie.net services, affiliate
services, third-party content or third-party software.
Choice
of Law and Forum. The TOS and the relationship between you and SteadyEddie.net
shall be governed by the laws of the State of Florida without regard
to its conflict of law provisions. You and SteadyEddie.net agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Brevard, Florida.
Waiver
and Severability of Terms. The failure of SteadyEddie.net to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No
Right of Survivorship and Non-Transferability. You agree that your
SteadyEddie.net account is non-transferable and any rights to your
SteadyEddie.net Username or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your
account may be terminated and all contents therein permanently deleted.
Statute
of Limitations. 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 TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The
section titles in the TOS are for convenience only and have no legal
or contractual effect.
23.
VIOLATIONS
Please report any violations
of the TOS to our Customer Care group. |