GainersToday Member Agreement
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the GainersToday.com domain name, the "GainersToday Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF GAINERSTODAY'S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the GainersToday Website.
A. GainersToday hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without GainersToday's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GainersToday immediately of any breach of security or unauthorized use of your account. Although GainersToday will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GainersToday or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the GainersToday servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, GainersToday grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GainersToday reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Nature of Service
A. GainersToday is neither an investment advisory service nor an investment advisor. We are not investment advisors and do not purport to tell people, or suggest to people, what they should buy or sell for themselves.
B. Investors should always check with their licensed financial advisor, including their tax advisor, to determine the suitability of any investment. GainersToday recommends that anyone trading securities should do so with caution, and prior to the execution of a security trade based upon information learned at GainersToday, members are advised to consult with their broker or other financial representative.
C. All investors are encouraged to fully investigate any security before making an investment. Investors should obtain annual reports and other company information to complete their own due diligence in any investment. As a starting point to this investigation, the Securities and Exchange Commission (the "SEC") maintains a Web site that contains reports, proxy and information statements, and other information regarding certain companies that file electronically with the SEC. In addition, the SEC also provides information on various kinds of cyberfraud they see occurring. The address of this Web site is http://www.sec.gov/. Likewise, the National Association of Securities Dealers Regulation provides their own insights on how to invest carefully online at http://www.nasdr.com/.
D. Neither GainersToday nor anyone affiliated with GainersToday is responsible for any investment decision made.
E. GainersToday has made all reasonable efforts to ensure that all information provided on its own Web site on the Internet is accurate at the time of inclusion; however, there may be inadvertent and occasional errors for which GainersToday apologizes.
F. The information contained within this Web site is the property of the original publisher. While we strive to present accurate and useful information, GainersToday makes no guarantee of accuracy or completeness. All information and opinion expressed herein is subject to change without notice. Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies will ensure profitable investment.
G. All data and Information is provided "as is" and the Information is intended solely as general information for educational and entertainment purposes only and is neither professional stock broker advice for any investment nor a substitute for other professional advice and services from qualified financial services providers familiar with your financial situation. Decisions based on Information contained within the Site are your sole responsibility. Always seek the advice of your financial advisor or other qualified financial services provider regarding any investment. The Information is provided with the understanding that neither GainersToday nor its Users are engaged in rendering professional services or advice. Your use of the Site is subject to this disclaimer: GainersToday assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on the Information or other material on this Site.
A. Member is solely responsible for any information Member posts in message boards or other communication facilities (collectively, "Forums") on or related to this Web site. This Web site and the Forums shall be used for lawful purposes only. No material shall be posted on or transmitted through the Forums which violates or infringes in any way upon the rights of others , which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.
B. Member agrees not to upload, post, or otherwise make available on this Web site any material protected by copyright, trademark, or other proprietary rights, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GainersToday all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GainersToday or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. GainersToday does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GainersToday expressly disclaims any and all liability in connection with User Submissions. GainersToday reserves the right to remove Content and User Submissions without prior notice. GainersToday will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. GainersToday also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations such as, but not limited to, pornography, obscene or defamatory material, or excessive messages. GainersToday may remove such User Submissions and/or terminate a User's access for submitting such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the GainersToday Website, you will be exposed to User Submissions from a variety of sources, and that GainersToday is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GainersToday with respect thereto, and agree to indemnify and hold GainersToday, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
E. Member acknowledges that all Forums are public and not private communications. GainersToday shall have the right, but not the obligation, to monitor the content of the Forums to determine compliance with this agreement and any other operating rules established by GainersToday. Further, Member acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by GainersToday, and such communications shall not be considered reviewed, screened, or approved by GainersToday. GainersToday reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Forums. Without limiting the foregoing, GainersToday shall have the right to remove any material or contents of the Forums received from users, including without limitation bulletin board postings, that GainersToday, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Furthermore, GainersToday reserves the right, in its sole discretion, to deny any Member's access to this Web site or any portion thereof, without notice.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF THE FORUMS AND THIS WEB SITE ARE AT HIS OR HER SOLE RISK. NEITHER GAINERSTODAY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE FORUMS.
B. THIS WEB SITE AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT GAINERSTODAY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE FORUMS AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.
D. IN NO EVENT WILL GAINERSTODAY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE AND THE FORUMS.
E. GAINERSTODAY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS WEB SITE AND FORUMS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED GAINERSTODAY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL GAINERSTODAY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEB SITE AND/OR ANY POSTING ON THE FORUMS. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F. GAINERSTODAY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL GAINERSTODAY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
H. MEMBER AGREES THAT THE LIABILITY OF GAINERSTODAY, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT MEMBER PAID TO GAINERSTODAY, INC., FOR USE OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
You agree to defend, indemnify and hold harmless GainersToday, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the GainersToday Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GainersToday Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the GainersToday Website is not intended for children under 13. If you are under 13 years of age, then please do not use the GainersToday Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GainersToday without restriction.
Personal data provided by Member to GainersToday will be used only in connection with services provided on this Web site and will not be given to unaffiliated third parties except as required by law. While GainersToday will seek to require third-party content providers and other parties to adhere to GainersToday's privacy policies, GainersToday does not bear any responsibility for any actions or policies of such third parties. Member should be aware that when Member voluntarily discloses personal information (e.g., username, email address) in the Forums, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.