Please read our Privacy Statement. Stocks That Move is a web site intended for a general audience, for users of all ages, and anyone interested in finance. Personal information of our visitors may be collected, used, and disclosed as described in this Privacy Statement. Currently, however, the only information we collect is that which a visitor submits to us, through a form, email, or telephone. Web logs on most servers collect impersonal information about visitors to a site. This includes the visitors IP address, what browser they're using, the time spent at the site, and the like. We may view and use this information to improve or site or to collect statistSTM on site usage, but we do not use it to identify any individual. In any event, we never share the details of this information with other parties.
Definition
Within this document, "STM" and "Stocks That Move" shall include the Stocks That Move staff, affiliates and related entities, contractors, partners, content providers, analysts, or any other party involved in creating, producing, or delivering content or service to this web site.
Usage of your Personal Information
Stocks That Move will not sell, rent, or lease your information to third parties. If we ever use other companies to provide services on our behalf (like customer service), we will provide them only the personal information they need to deliver the service. Stocks That Move requires them to keep your information confidential. They are prohibited from using it for any other purpose.
Legal
Stocks That Move may access and/or disclose your personal information if the law requires or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Stocks That Move or the site; (b) protect and defend the rights or property of Stocks That Move, including its Stocks That Move Web site; or (c) act under exigent circumstances to protect the personal safety of users of Stocks That Move services or members of the public.
Security of your Personal Information
Stocks That Move is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities.
Our Commitment To Children's Privacy:
Stocks That Move is committed to protecting the privacy of pre-teens. We do not collect information from those we actually know are under 13. However, due to the limitations of the Internet, we may not be able to verify a visitor's age.
Use of Cookies
Currently, Stocks That Move uses "cookies" — small text files that are placed on your computer by a Web server. Cookies are not viruses or worms; rather, they are assigned to you, and only a web server in the domain that issued the cookie can read them.
Use of Web Beacons
Currently, Stocks That Move does not use "web beacons".
Use of Third Party Ad Networks
The majority of the online banner advertisements you see on Stocks That Move Web pages are displayed by Stocks That Move.
In addition, Stocks That Move may allow other companies, called third-party ad servers or ad networks, to display advertisements on Stocks That Move Web pages. Some of these ad networks may place a persistent cookie on your computer. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Stocks That Move does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.
In consideration for your use of and access to the Stocks That Move' web site, you agree that in no event will Stocks That Move, its affiliated and related entities, its content providers or any other party involved in creating, producing, or delivering this web site or service, or any site linked to this web site, (STM) be held responsible or liable to you or any third party in which you are involved in any manner whatsoever (including, but not limited to, persons [hereinafter, collectively "Stocks That Move and related entities"] who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon, or resulting from any information provided in the Stocks That Move' web site and or service, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through the Stocks That Move' web site, even if you advise Stocks That Move of the possibility of any claims or damages.
You, as a visitor and/or user of the Stocks That Move' web site and/or service, agree to defend, indemnify, and hold harmless Stocks That Move and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of your use of the Stocks That Move web site and/or service.
Changes to this Statement
Stocks That Move will occasionally update this Privacy Statement to reflect company and customer feedback. When Stocks That Move posts changes to this Statement, the date and time will be reflected in the "Last Updated" section at the top of this page. Stocks That Move encourages you to periodically review this Statement to be informed of how Stocks That Move is protecting your information.
Contact Information
Stocks That Move welcomes your comments regarding our Privacy Statement. If you believe that Stocks That Move has not adhered to this Statement, please contact Stocks That Move by telephone or e-mail. See our "Contact Us" page for contact information.
Stocks That Move forbids the use of the Stocks That Move Services or lists in any way manner to send any unsolicited bulk or unsolicited commercial e-mail ("Spam").
Stocks That Move forbids the collection of e-mail addresses or other information from or through the Stocks That Move Services, except when a visitor signs up ("opts in") for our any of the STM services.
Stocks That Move does not permit any attempt to use its services in a way that could damage or impair any of the Stocks That Move Services or that would interfere with any other party's use and enjoyment of any Stocks That Move Service.
If Stocks That Move believes that unauthorized or improper use is being made of any Stocks That Move Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server, or IP address. Stocks That Move may terminate any account which it determines, in its sole discretion, is violating its policies. Failure to enforce any or all infractions of these policies does not waive Stocks That Move's rights.
Unauthorized use of the Stocks That Move Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and all other applicable state and federal laws.
Stocks That Move Website Terms of Service (TOS) and Notices
1. AGREEMENT
This is an agreement ("Agreement") between you and Stocks That Move (or, if applicable based on where you live, one of its affiliates) ("Stocks That Move"). This Agreement governs your use of any Web site or Web page operated by Stocks That Move (each, a "Stocks That Move Web Site," and collectively, the "Stocks That Move Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Stocks That Move OFFERS THE Stocks That Move WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Stocks That Move WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
2. HOW Stocks That Move MAY MODIFY THIS AGREEMENT
Stocks That Move reserves the right to change the terms, conditions, and notices under which it offers the Stocks That Move Web Sites, including any charges associated with the use of the Stocks That Move Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Stocks That Move Web Site. Your continued use of the Stocks That Move Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Stocks That Move Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Stocks That Move Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Stocks That Move Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Stocks That Move WEB SITES
The Stocks That Move Web Sites are only for your personal use. You will not use the Stocks That Move Web Sites for commercial purposes. You will not use the Stocks That Move Web Sites in any way that is unlawful, or harms Stocks That Move, its affiliates, resellers, distributors, contractors, service providers and/or suppliers (each, a "Stocks That Move THRID PARTY" and collectively, the "Stocks That Move Parties") or any customer of a Stocks That Move Party, as determined in Stocks That Move' sole discretion. Stocks That Move may tell you about certain specific harmful uses in a code of conduct or other notices available through a Stocks That Move Web Site, but has no obligation to do so. You may not use the Stocks That Move Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Stocks That Move Web Sites. Without limiting the generality of this section, you may not use the Stocks That Move Web Sites in any manner that could damage, disable, overburden, or impair any Stocks That Move Web Site (or the network[s] connected to any Stocks That Move Web Site) or interfere with any other party's use and enjoyment of the Stocks That Move Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Stocks That Move Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Stocks That Move Web Sites in any way that violates the Stocks That Move Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Stocks That Move may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Stocks That Move Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Stocks That Move Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Stocks That Move related to the Stocks That Move Web Sites (a "Submission"), you grant Stocks That Move permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Stocks That Move Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Stocks That Move will not pay you for your Submission. Stocks That Move may remove your Submission at any time for any reason. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Stocks That Move may monitor your e-mail that you send to your clients relating to Stocks That Move, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Stocks That Move Parties or any customer of a Stocks That Move Party. 6B. ANALYSTS/ADVISORS
Stock and/or financial analysts and/or advisors ("ADVISORS") are solely responsible for the content that they post on Stocks That Move Web site. All ADVISORS who post on Stocks That Move Web Site agree to hold harmless Stocks That Move, its employees, officers, and share holders against any claim(s) arising from any action, information, or advice provided by said ADVISORS. ADVISORS agree to assume all responsibility for their content or actions and agree to defend Stocks That Move, its employees, officers, contractors, affiliates, and share holders, including the payment of any and all resultant Stocks That Move legal fees, against any and all legal claims therein that result either directly or indirectly from the ADVISORS content on Stocks That Move web site. Stocks That Move recommends that all ADVISORS include their usual disclaimers with their insights, recommendations, and other content that they post on Stocks That Move web site; however, Stocks That Move assumes no responsibility for assuring that such disclaimers are included.
6C. MORE ON LIABILITY
Under no circumstances will Stocks That Move be liable for direct, indirect, incidental, or any other type of damages resulting from your use, or downloading of any content on our site. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by anything beyond our control in creating or delivering any portion of Stocks That Move. Stocks That Move believes that you are the best person to handle your finances, and by your use of our service, you are agreeing that you bear full responsibility for your own investment research and investment decisions. You also agree that Stocks That Move will not be liable for any investment decision made or action taken by you or others based upon reliance on news, information, or any other material presented in any section of Stocks That Move. Stocks That Move uses various sources of information that we believe to be accurate and reliable. However, we make no claims or representations as to the accuracy, completeness, or truth of any material contained on our site.
All information contained herein is obtained by Stocks That Move from sources believed by Stocks That Move to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, neither Stocks That Move (and its affiliates) nor the Information providers are responsible for any errors or omissions. All information is provided "AS IS" without warranty of any kind. Stocks That Move (and its affiliates) and the Information Providers make no representations and disclaim all express, implied, and statutory warranties of any kind to user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
Unless due to willful tortious misconduct or gross negligence, Stocks That Move (and affiliates) and the Information Providers have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party.
Stocks That Move (and affiliates) and the Information Providers shall under no circumstance be liable to user, and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Stocks That Move has been advised of the possibility of such damages.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause of the Disclaimer declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Disclaimer may only be amended in a writing signed by Stocks That Move and are governed by the laws of the State of New York.
7A. SOFTWARE
Your use of any software associated with the Stocks That Move Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Stocks That Move grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Stocks That Move Web Sites and in accordance with this Agreement. In any event, you should check the Internet, find the software developers web site (if it has one), and download the latest version of the software. Generally, software that you download directly from a software developer's web isitewill contain the EULA. Stocks That Move reserves all rights of its software and the developers reserve all right of theirs. Such software is protected by copyright and other intellectual property laws and treaties. Stocks That Move, the software developers, or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Stocks That Move may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Stocks That Move Web Sites.
7B. MORE ON SOFTWARE
STM accepts no responsibility related to any software at our site except those title that we produce. If you have any questions or complaints or claims involving any of the software programs, it is your responsibility to contact the publisher of that software.
STM makes no representations or warranties with respect to the accuracy or completeness of the software programs on this site. STM specifically disclaims any warranties of merchantability or fitness, implied or otherwise, for any particular purpose. STM shall in no event or respect whatsoever be held liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, or any other damages. The accuracy and completeness of the information that STM has provided are opinion and are not guaranteed or warranted to produce particular or specific results. Note that the strategies, suggestions, programs, techniques, and other suggestions may not be suitable for every individual.
7C. SOFTWARE VENDORS AND DISTRIBUTORS:
We reserve the right to refuse any submitted software. We refuse to accept any software that has been illegally produced, transmitted, published or copied or any software that contains inappropriate or illegal material. In addition, if you find that your software has been submitted and published on STM and you do not want it on the STM site for whatever reason, notify STM at admin at Stocks That Move (com) with the words "Remove Software Titles" in the Subject, and in the body, the name of the software title and the URL where it is listed. Your titles will be removed immediately after we have confirmed that you have the authority to make such a claim.
8. INFORMATION AVAILABLE FROM THE Stocks That Move WEB SITES
Stocks That Move and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Stocks That Move Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Stocks That Move Web Sites. Stocks That Move and its suppliers do not authorize the use of information available from the Stocks That Move Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Stocks That Move is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Stocks That Move Web Sites constitute an offer or solicitation to buy or sell any security. Stocks That Move does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Stocks That Move Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
Stocks That Move may allow certain stock and/or financial analysts and/or advisors ("ADVISORS") to post content, opinions, and advice on the Stocks That Move Web site. Said ADVISORS are solely responsible for what they post. Stocks That Move will make its best effort to insure that all information falls within NASD guidelines, but in any case cannot be held responsible for any oversights. All ADVISORS who post on Stocks That Move Web Site are solely responsible for what they post and recommend. All visitors are responsible for their own due diligence and should consult a registered financial advisor before buying or a selling a stock or equity. Anyone who uses information posted on Stocks That Move Web Site agrees to hold harmless Stocks That Move, its employees, officers, contractors, and share holders against any claim arising from, but not limited to, any action, information, recommendation, or advice provided by said ADVISORS.
9. Stocks That Move MAKES NO WARRANTY
Stocks That Move PROVIDES THE Stocks That Move WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Stocks That Move PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Stocks That Move PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Stocks That Move WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Stocks That Move or THIRD PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Stocks That Move WEB SITES, EVEN IF SUCH Stocks That Move OR THIRD PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Stocks That Move WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Stocks That Move PARTY WITH RESPECT TO THIS AGREEMENT OR THE Stocks That Move WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Stocks That Move WEB SITES.
11. CHANGES TO THE Stocks That Move WEB SITES; ADDITIONAL LIABILITY LIMITATION
Stocks That Move MAY CHANGE THE Stocks That Move WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Stocks That Move Web Sites, you should expect to receive, access or use information, materials, graphSTM, software, data and content (collectively, "Content") originated by Stocks That Move and persons other than Stocks That Move (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Stocks That Move AND THIRD PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Stocks That Move IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Stocks That Move WEB SITES OR ANY OF THE SOFTWARE IT OFFERS, (2) ANY INCOMPATIBILITY BETWEEN THE Stocks That Move WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Stocks That Move WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Stocks That Move WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Stocks That Move may terminate this Agreement, or terminate or suspend your access to the Stocks That Move Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Stocks That Move Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE Stocks That Move WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Stocks That Move Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with an Stocks That Move affiliate or contractor, claims for enforcement, breach, or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation or, if unincorporated, affiliates of contractors place of business, for such Stocks That Move affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Stocks That Move Web Sites are directed. If this Agreement is with Stocks That Move, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles, California, USA in all disputes arising out of or relating to the use of the Stocks That Move Web Sites. If this Agreement is with a Stocks That Move affiliate or contractor, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Stocks That Move affiliate or, if unincorporated, affiliates of contractors place of business, in all disputes arising out of or relating to the use of the Stocks That Move Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Stocks That Move may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Stocks That Move Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Stocks That Move with respect to the Stocks That Move Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Stocks That Move with respect to the Stocks That Move Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND Stocks That Move AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Stocks That Move WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
Notice and procedure for making claims of copyright infringement:
If you believe that your work is being used on any of our Web sites in a manner that constitutes copyright infringement, please notify us at COPYRIGHT at stocksthatmove (com). Pursuant to the Digital Millennium Copyright Act, we will, upon receiving effective written notification of such a claim, promptly remove or disable access to material on this site that is claimed to be infringing or to be the subject of infringing activity. To be effective, the notification must include the following information:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material. PLEASE INCLUDE THE URL WHERE THE MATERIAL IS LOCATED ON THE STM WEB SITE.
3. Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
5. A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.
18. OTHER NOTICES
19. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
20. FORWARD LOOKING STATEMENTS
The STM web site may include forward-looking statements that reflect current expectations of STM, featured stocks, or others [including, but not limited to, commentators, news reports, and opinions from any other sources] ("Us") about a stocks or company's future results, performance, prospects and opportunities. STM, reports of the featured stocks, or the opinions by others tries to identify these forward-looking statements by using words and phrases such as "may," "will," "expects," "anticipates," "believes," "intends," "estimates," "plan," "should," "typical," "preliminary," "we are confident" or similar expressions. These forward-looking statements are based on information currently available and are subject to a number of risks, uncertainties and other factors that could cause a company's actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. These risks, uncertainties and other factors include, without limitation, the Company's growth expectations and ongoing funding requirements, and specifically, the Company's growth prospects with scalable customers, and those outlined above. Other risks include the Company's limited operating history, the Company's history of operating losses, consumers' acceptance, the Company's use of licensed technologies, risk of increased competition, the potential need for additional financing, the terms and conditions of any financing that is consummated, the limited trading market for the Company's securities, the possible volatility of the Company's stock price, the concentration of ownership, and the potential fluctuation in the Company's operating results.
21. TECHNICAL SUPPORT / ADMINISTRATIVE SERVICES
1. TECHNICAL SUPPORT:
Technical support for issues involving the maintenance and functioning of the web site, including but not limited to typographical errors, dead links, suggestions, the STM toolbars, Email Alerts, and similar technical issues about web site functionality, are contracted through IRN (through
Website Design Pros). For technical questions or support on these issues, you may submit a report through the "Contact Us" section of this web site. Note that IRN does not answer any questions whatsoever about stocks, companies, trading, or any financial matters.
STM has contracted IRN to provide technical support as a service to STM visitors. However, due to the diverse nature of the set up of the public's computer operating systems and programs, it is not always possible for IRN to find a solution to your problem. Because of this diversity and of other factors that may affect individual operating systems and programs, in the event of a technical problem that you are having with your computer, whether related to the STM web site or not, neither STM nor IRN guarantees a solution to your technical problem. In addition, if IRN offers a solution to fix your technical problem and it fails to solve said problem, or additionally, in the event that an IRN solution creates other problems of any kind to your system, hardware, or software, you agree to hold STM and IRN harmless for any and all such problems, and for any and all consequences stemming from such problems. You further agree that you accept full responsibility and liability when using any technical information given to you by IRN. STM and IRN therefore strongly recommend that before making any changes to your computer's operating system or programs that you consult an IT professional who knows your system and that you back up your data before making any such changes.
2. ADMINISTRATIVE SERVICES:
Some STM administrative services are contracted through IRN. For example, if you contact STM for whatever reason, STM may forward your email to IRN, and IRN may answer that email in accordance with instructions set by STM. See the IRN web site (through Website Design Pros) for more information on Admin Services. However, in any case whatsoever, no one affilitated with or who contracts through IRN will ever offer any financial advice or opinions about stocks whatsoever to anyone.
All material contained within this site is offered for informational purposes only. Stocks That Move makes no representations that should be constitute as a recommendation or endorsement with respect to any company, security, individual, or investment. The information obtained by the providers is believed to be reliable; however, Stocks That Move does not guarantee in any way the timeliness, sequence, accuracy, adequacy, or completeness of such information. Always seek the advice of a securities professional or other appropriate investment advisor regarding your particular situation.
You understand that the material provided in Stocks That Move is for informational purposes only, and that no mention of a particular security in any Stocks That Move section constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Stocks That Move section may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that any section in Stocks That Move may contain opinions from time to time with regard to any securities mentioned in other Stocks That Move sections, and that those opinions may be different from those obtained by using another Stocks That Move section (such as news items). You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In addition, information providers may be subject to certain trading restrictions. However, you understand and agree that at the time of any transaction that you make, one or more information providers or their affiliates may have a position in such securities.
Past performance is not indicative of future results. Securities presented herein should be considered speculative, with a high degree of volatility & risk.
STM reports, news, and the like may contain "forward looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be "forward looking statements." Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as "expects," "will," "anticipates," "estimates," "believes," or statements indicating certain actions "may," "could," or "might" occur.
Stocks That Move Terms of Service
Privacy Policy
Last Updated 08/28/09Please read our Privacy Statement. Stocks That Move is a web site intended for a general audience, for users of all ages, and anyone interested in finance. Personal information of our visitors may be collected, used, and disclosed as described in this Privacy Statement. Currently, however, the only information we collect is that which a visitor submits to us, through a form, email, or telephone. Web logs on most servers collect impersonal information about visitors to a site. This includes the visitors IP address, what browser they're using, the time spent at the site, and the like. We may view and use this information to improve or site or to collect statistSTM on site usage, but we do not use it to identify any individual. In any event, we never share the details of this information with other parties.
Definition
Within this document, "STM" and "Stocks That Move" shall include the Stocks That Move staff, affiliates and related entities, contractors, partners, content providers, analysts, or any other party involved in creating, producing, or delivering content or service to this web site.
Usage of your Personal Information
Stocks That Move will not sell, rent, or lease your information to third parties. If we ever use other companies to provide services on our behalf (like customer service), we will provide them only the personal information they need to deliver the service. Stocks That Move requires them to keep your information confidential. They are prohibited from using it for any other purpose.
Legal
Stocks That Move may access and/or disclose your personal information if the law requires or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Stocks That Move or the site; (b) protect and defend the rights or property of Stocks That Move, including its Stocks That Move Web site; or (c) act under exigent circumstances to protect the personal safety of users of Stocks That Move services or members of the public.
Security of your Personal Information
Stocks That Move is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities.
Our Commitment To Children's Privacy:
Stocks That Move is committed to protecting the privacy of pre-teens. We do not collect information from those we actually know are under 13. However, due to the limitations of the Internet, we may not be able to verify a visitor's age.
Use of Cookies
Currently, Stocks That Move uses "cookies" — small text files that are placed on your computer by a Web server. Cookies are not viruses or worms; rather, they are assigned to you, and only a web server in the domain that issued the cookie can read them.
Use of Web Beacons
Currently, Stocks That Move does not use "web beacons".
Use of Third Party Ad Networks
The majority of the online banner advertisements you see on Stocks That Move Web pages are displayed by Stocks That Move.
In addition, Stocks That Move may allow other companies, called third-party ad servers or ad networks, to display advertisements on Stocks That Move Web pages. Some of these ad networks may place a persistent cookie on your computer. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Stocks That Move does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.
In consideration for your use of and access to the Stocks That Move' web site, you agree that in no event will Stocks That Move, its affiliated and related entities, its content providers or any other party involved in creating, producing, or delivering this web site or service, or any site linked to this web site, (STM) be held responsible or liable to you or any third party in which you are involved in any manner whatsoever (including, but not limited to, persons [hereinafter, collectively "Stocks That Move and related entities"] who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon, or resulting from any information provided in the Stocks That Move' web site and or service, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through the Stocks That Move' web site, even if you advise Stocks That Move of the possibility of any claims or damages.
You, as a visitor and/or user of the Stocks That Move' web site and/or service, agree to defend, indemnify, and hold harmless Stocks That Move and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of your use of the Stocks That Move web site and/or service.
Changes to this Statement
Stocks That Move will occasionally update this Privacy Statement to reflect company and customer feedback. When Stocks That Move posts changes to this Statement, the date and time will be reflected in the "Last Updated" section at the top of this page. Stocks That Move encourages you to periodically review this Statement to be informed of how Stocks That Move is protecting your information.
Contact Information
Stocks That Move welcomes your comments regarding our Privacy Statement. If you believe that Stocks That Move has not adhered to this Statement, please contact Stocks That Move by telephone or e-mail. See our "Contact Us" page for contact information.
back to top
Anti-Spam Policy
Stocks That Move forbids the use of the Stocks That Move Services or lists in any way manner to send any unsolicited bulk or unsolicited commercial e-mail ("Spam").
Stocks That Move forbids the collection of e-mail addresses or other information from or through the Stocks That Move Services, except when a visitor signs up ("opts in") for our any of the STM services.
Stocks That Move does not permit any attempt to use its services in a way that could damage or impair any of the Stocks That Move Services or that would interfere with any other party's use and enjoyment of any Stocks That Move Service.
If Stocks That Move believes that unauthorized or improper use is being made of any Stocks That Move Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server, or IP address. Stocks That Move may terminate any account which it determines, in its sole discretion, is violating its policies. Failure to enforce any or all infractions of these policies does not waive Stocks That Move's rights.
Unauthorized use of the Stocks That Move Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and all other applicable state and federal laws.
back to top
Terms of Service (TOS):
Stocks That Move Website Terms of Service (TOS) and Notices
1. AGREEMENT
This is an agreement ("Agreement") between you and Stocks That Move (or, if applicable based on where you live, one of its affiliates) ("Stocks That Move"). This Agreement governs your use of any Web site or Web page operated by Stocks That Move (each, a "Stocks That Move Web Site," and collectively, the "Stocks That Move Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Stocks That Move OFFERS THE Stocks That Move WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Stocks That Move WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
2. HOW Stocks That Move MAY MODIFY THIS AGREEMENT
Stocks That Move reserves the right to change the terms, conditions, and notices under which it offers the Stocks That Move Web Sites, including any charges associated with the use of the Stocks That Move Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Stocks That Move Web Site. Your continued use of the Stocks That Move Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Stocks That Move Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Stocks That Move Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Stocks That Move Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Stocks That Move WEB SITES
The Stocks That Move Web Sites are only for your personal use. You will not use the Stocks That Move Web Sites for commercial purposes. You will not use the Stocks That Move Web Sites in any way that is unlawful, or harms Stocks That Move, its affiliates, resellers, distributors, contractors, service providers and/or suppliers (each, a "Stocks That Move THRID PARTY" and collectively, the "Stocks That Move Parties") or any customer of a Stocks That Move Party, as determined in Stocks That Move' sole discretion. Stocks That Move may tell you about certain specific harmful uses in a code of conduct or other notices available through a Stocks That Move Web Site, but has no obligation to do so. You may not use the Stocks That Move Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Stocks That Move Web Sites. Without limiting the generality of this section, you may not use the Stocks That Move Web Sites in any manner that could damage, disable, overburden, or impair any Stocks That Move Web Site (or the network[s] connected to any Stocks That Move Web Site) or interfere with any other party's use and enjoyment of the Stocks That Move Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Stocks That Move Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Stocks That Move Web Sites in any way that violates the Stocks That Move Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Stocks That Move may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Stocks That Move Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Stocks That Move Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Stocks That Move related to the Stocks That Move Web Sites (a "Submission"), you grant Stocks That Move permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Stocks That Move Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Stocks That Move will not pay you for your Submission. Stocks That Move may remove your Submission at any time for any reason. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Stocks That Move may monitor your e-mail that you send to your clients relating to Stocks That Move, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Stocks That Move Parties or any customer of a Stocks That Move Party.
6B. ANALYSTS/ADVISORS
Stock and/or financial analysts and/or advisors ("ADVISORS") are solely responsible for the content that they post on Stocks That Move Web site. All ADVISORS who post on Stocks That Move Web Site agree to hold harmless Stocks That Move, its employees, officers, and share holders against any claim(s) arising from any action, information, or advice provided by said ADVISORS. ADVISORS agree to assume all responsibility for their content or actions and agree to defend Stocks That Move, its employees, officers, contractors, affiliates, and share holders, including the payment of any and all resultant Stocks That Move legal fees, against any and all legal claims therein that result either directly or indirectly from the ADVISORS content on Stocks That Move web site. Stocks That Move recommends that all ADVISORS include their usual disclaimers with their insights, recommendations, and other content that they post on Stocks That Move web site; however, Stocks That Move assumes no responsibility for assuring that such disclaimers are included.
6C. MORE ON LIABILITY
Under no circumstances will Stocks That Move be liable for direct, indirect, incidental, or any other type of damages resulting from your use, or downloading of any content on our site. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by anything beyond our control in creating or delivering any portion of Stocks That Move. Stocks That Move believes that you are the best person to handle your finances, and by your use of our service, you are agreeing that you bear full responsibility for your own investment research and investment decisions. You also agree that Stocks That Move will not be liable for any investment decision made or action taken by you or others based upon reliance on news, information, or any other material presented in any section of Stocks That Move. Stocks That Move uses various sources of information that we believe to be accurate and reliable. However, we make no claims or representations as to the accuracy, completeness, or truth of any material contained on our site.
All information contained herein is obtained by Stocks That Move from sources believed by Stocks That Move to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, neither Stocks That Move (and its affiliates) nor the Information providers are responsible for any errors or omissions. All information is provided "AS IS" without warranty of any kind. Stocks That Move (and its affiliates) and the Information Providers make no representations and disclaim all express, implied, and statutory warranties of any kind to user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
Unless due to willful tortious misconduct or gross negligence, Stocks That Move (and affiliates) and the Information Providers have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party.
Stocks That Move (and affiliates) and the Information Providers shall under no circumstance be liable to user, and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Stocks That Move has been advised of the possibility of such damages.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause of the Disclaimer declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Disclaimer may only be amended in a writing signed by Stocks That Move and are governed by the laws of the State of New York.
7A. SOFTWARE
Your use of any software associated with the Stocks That Move Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Stocks That Move grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Stocks That Move Web Sites and in accordance with this Agreement. In any event, you should check the Internet, find the software developers web site (if it has one), and download the latest version of the software. Generally, software that you download directly from a software developer's web isitewill contain the EULA. Stocks That Move reserves all rights of its software and the developers reserve all right of theirs. Such software is protected by copyright and other intellectual property laws and treaties. Stocks That Move, the software developers, or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Stocks That Move may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Stocks That Move Web Sites.
7B. MORE ON SOFTWARE
STM accepts no responsibility related to any software at our site except those title that we produce. If you have any questions or complaints or claims involving any of the software programs, it is your responsibility to contact the publisher of that software. STM makes no representations or warranties with respect to the accuracy or completeness of the software programs on this site. STM specifically disclaims any warranties of merchantability or fitness, implied or otherwise, for any particular purpose. STM shall in no event or respect whatsoever be held liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, or any other damages. The accuracy and completeness of the information that STM has provided are opinion and are not guaranteed or warranted to produce particular or specific results. Note that the strategies, suggestions, programs, techniques, and other suggestions may not be suitable for every individual.
7C. SOFTWARE VENDORS AND DISTRIBUTORS:
We reserve the right to refuse any submitted software. We refuse to accept any software that has been illegally produced, transmitted, published or copied or any software that contains inappropriate or illegal material. In addition, if you find that your software has been submitted and published on STM and you do not want it on the STM site for whatever reason, notify STM at admin at Stocks That Move (com) with the words "Remove Software Titles" in the Subject, and in the body, the name of the software title and the URL where it is listed. Your titles will be removed immediately after we have confirmed that you have the authority to make such a claim.
8. INFORMATION AVAILABLE FROM THE Stocks That Move WEB SITES
Stocks That Move and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Stocks That Move Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Stocks That Move Web Sites. Stocks That Move and its suppliers do not authorize the use of information available from the Stocks That Move Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Stocks That Move is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Stocks That Move Web Sites constitute an offer or solicitation to buy or sell any security. Stocks That Move does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Stocks That Move Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
Stocks That Move may allow certain stock and/or financial analysts and/or advisors ("ADVISORS") to post content, opinions, and advice on the Stocks That Move Web site. Said ADVISORS are solely responsible for what they post. Stocks That Move will make its best effort to insure that all information falls within NASD guidelines, but in any case cannot be held responsible for any oversights. All ADVISORS who post on Stocks That Move Web Site are solely responsible for what they post and recommend. All visitors are responsible for their own due diligence and should consult a registered financial advisor before buying or a selling a stock or equity. Anyone who uses information posted on Stocks That Move Web Site agrees to hold harmless Stocks That Move, its employees, officers, contractors, and share holders against any claim arising from, but not limited to, any action, information, recommendation, or advice provided by said ADVISORS.
9. Stocks That Move MAKES NO WARRANTY
Stocks That Move PROVIDES THE Stocks That Move WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Stocks That Move PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Stocks That Move PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Stocks That Move WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Stocks That Move or THIRD PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Stocks That Move WEB SITES, EVEN IF SUCH Stocks That Move OR THIRD PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Stocks That Move WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Stocks That Move PARTY WITH RESPECT TO THIS AGREEMENT OR THE Stocks That Move WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Stocks That Move WEB SITES.
11. CHANGES TO THE Stocks That Move WEB SITES; ADDITIONAL LIABILITY LIMITATION
Stocks That Move MAY CHANGE THE Stocks That Move WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Stocks That Move Web Sites, you should expect to receive, access or use information, materials, graphSTM, software, data and content (collectively, "Content") originated by Stocks That Move and persons other than Stocks That Move (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Stocks That Move AND THIRD PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Stocks That Move IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Stocks That Move WEB SITES OR ANY OF THE SOFTWARE IT OFFERS, (2) ANY INCOMPATIBILITY BETWEEN THE Stocks That Move WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Stocks That Move WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Stocks That Move WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Stocks That Move may terminate this Agreement, or terminate or suspend your access to the Stocks That Move Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Stocks That Move Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE Stocks That Move WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Stocks That Move Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with an Stocks That Move affiliate or contractor, claims for enforcement, breach, or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation or, if unincorporated, affiliates of contractors place of business, for such Stocks That Move affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Stocks That Move Web Sites are directed. If this Agreement is with Stocks That Move, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles, California, USA in all disputes arising out of or relating to the use of the Stocks That Move Web Sites. If this Agreement is with a Stocks That Move affiliate or contractor, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Stocks That Move affiliate or, if unincorporated, affiliates of contractors place of business, in all disputes arising out of or relating to the use of the Stocks That Move Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Stocks That Move may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Stocks That Move Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Stocks That Move with respect to the Stocks That Move Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Stocks That Move with respect to the Stocks That Move Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND Stocks That Move AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Stocks That Move WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Stocks That Move Web Sites are Copyright © 2005-2007 Stocks That Move, Inc. and/or its suppliers. All rights reserved. Stocks That Move, Stocks That Move.net, Stocks That Move.com, Stocks That Move logo, and/or other Stocks That Move products and services referenced herein may also be either trademarks or registered trademarks of Stocks That Move in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Stocks That Move Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Stocks That Move Web Sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. Historical chart information supplied by Quote Media, Inc. Certain news and data feeds are supplied by Financial Content (FC) and such feeds are noted as such. See Section 18 for more information on FC.
17. COPYRIGHT INFRINGEMENT NOTICE
Notice and procedure for making claims of copyright infringement:
If you believe that your work is being used on any of our Web sites in a manner that constitutes copyright infringement, please notify us at COPYRIGHT at stocksthatmove (com). Pursuant to the Digital Millennium Copyright Act, we will, upon receiving effective written notification of such a claim, promptly remove or disable access to material on this site that is claimed to be infringing or to be the subject of infringing activity. To be effective, the notification must include the following information:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material. PLEASE INCLUDE THE URL WHERE THE MATERIAL IS LOCATED ON THE STM WEB SITE.
3. Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
5. A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.
18. OTHER NOTICES
19. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
20. FORWARD LOOKING STATEMENTS
The STM web site may include forward-looking statements that reflect current expectations of STM, featured stocks, or others [including, but not limited to, commentators, news reports, and opinions from any other sources] ("Us") about a stocks or company's future results, performance, prospects and opportunities. STM, reports of the featured stocks, or the opinions by others tries to identify these forward-looking statements by using words and phrases such as "may," "will," "expects," "anticipates," "believes," "intends," "estimates," "plan," "should," "typical," "preliminary," "we are confident" or similar expressions. These forward-looking statements are based on information currently available and are subject to a number of risks, uncertainties and other factors that could cause a company's actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. These risks, uncertainties and other factors include, without limitation, the Company's growth expectations and ongoing funding requirements, and specifically, the Company's growth prospects with scalable customers, and those outlined above. Other risks include the Company's limited operating history, the Company's history of operating losses, consumers' acceptance, the Company's use of licensed technologies, risk of increased competition, the potential need for additional financing, the terms and conditions of any financing that is consummated, the limited trading market for the Company's securities, the possible volatility of the Company's stock price, the concentration of ownership, and the potential fluctuation in the Company's operating results.
21. TECHNICAL SUPPORT / ADMINISTRATIVE SERVICES
1. TECHNICAL SUPPORT:
Technical support for issues involving the maintenance and functioning of the web site, including but not limited to typographical errors, dead links, suggestions, the STM toolbars, Email Alerts, and similar technical issues about web site functionality, are contracted through IRN (through Website Design Pros). For technical questions or support on these issues, you may submit a report through the "Contact Us" section of this web site. Note that IRN does not answer any questions whatsoever about stocks, companies, trading, or any financial matters.
STM has contracted IRN to provide technical support as a service to STM visitors. However, due to the diverse nature of the set up of the public's computer operating systems and programs, it is not always possible for IRN to find a solution to your problem. Because of this diversity and of other factors that may affect individual operating systems and programs, in the event of a technical problem that you are having with your computer, whether related to the STM web site or not, neither STM nor IRN guarantees a solution to your technical problem. In addition, if IRN offers a solution to fix your technical problem and it fails to solve said problem, or additionally, in the event that an IRN solution creates other problems of any kind to your system, hardware, or software, you agree to hold STM and IRN harmless for any and all such problems, and for any and all consequences stemming from such problems. You further agree that you accept full responsibility and liability when using any technical information given to you by IRN. STM and IRN therefore strongly recommend that before making any changes to your computer's operating system or programs that you consult an IT professional who knows your system and that you back up your data before making any such changes.
2. ADMINISTRATIVE SERVICES:
back to topSome STM administrative services are contracted through IRN. For example, if you contact STM for whatever reason, STM may forward your email to IRN, and IRN may answer that email in accordance with instructions set by STM. See the IRN web site (through Website Design Pros) for more information on Admin Services. However, in any case whatsoever, no one affilitated with or who contracts through IRN will ever offer any financial advice or opinions about stocks whatsoever to anyone.
Legal Notice:
All material contained within this site is offered for informational purposes only. Stocks That Move makes no representations that should be constitute as a recommendation or endorsement with respect to any company, security, individual, or investment. The information obtained by the providers is believed to be reliable; however, Stocks That Move does not guarantee in any way the timeliness, sequence, accuracy, adequacy, or completeness of such information. Always seek the advice of a securities professional or other appropriate investment advisor regarding your particular situation.
You understand that the material provided in Stocks That Move is for informational purposes only, and that no mention of a particular security in any Stocks That Move section constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Stocks That Move section may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that any section in Stocks That Move may contain opinions from time to time with regard to any securities mentioned in other Stocks That Move sections, and that those opinions may be different from those obtained by using another Stocks That Move section (such as news items). You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In addition, information providers may be subject to certain trading restrictions. However, you understand and agree that at the time of any transaction that you make, one or more information providers or their affiliates may have a position in such securities.
Past performance is not indicative of future results. Securities presented herein should be considered speculative, with a high degree of volatility & risk.
STM reports, news, and the like may contain "forward looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be "forward looking statements." Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as "expects," "will," "anticipates," "estimates," "believes," or statements indicating certain actions "may," "could," or "might" occur.
back to top