Terms of Use
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Updated 01/15/09
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Macroaxis, Inc. ("Macroaxis") provides the Macroaxis web site
(the "Site") for informational purposes only. Your access to the Site is subject to the
terms, conditions and disclaimers appearing on the Site ("Terms of Use"),
and all applicable laws. By accessing, browsing and/or using the Site, you accept, without limitation
or qualification, the Terms of Use.
Each time you use the Site, the current version of the Terms of Use will apply.
It is your responsibility to review the most recent version of this Agreement frequently
and remain informed about any changes to it.
Free License
Subject to this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license
to use the Service for personal, noncommercial purposes. Your right to use the Service
is limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to
the Site, including all related intellectual property rights. The Site is protected by applicable intellectual property laws,
including United States copyright law and international treaties. We reserve the right to modify or
terminate the Macroaxis service for any reason, without notice at any time.
Paid License
Subject to this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license
to use the Service for personal, noncommercial purposes. Your license will end on the date your applicable subscription ends.
Your right to use the Service is limited by the terms of this Agreement.
Except for this license granted to you, we retain all right, title, and interest in and to
the Site, including all related intellectual property rights.
Macroaxis is protected by applicable intellectual property laws,
including United States copyright law and international treaties. We reserve the right to modify or
terminate the Macroaxis service for any reason, without notice at any time.
Privacy Policy
We collect registration and other information about you through the Service.
Our collection and use of this information is governed
by the Macroaxis Privacy Statement available at
Privacy Policy which is expressly incorporated
as a term of this Agreement.
Registration
Members may only maintain one active registration with Macroaxis.
By accepting this agreement, you certify that you personally have no
other registration with Macroaxis. Each member of our community
may select his or her own nick name.
By becoming a member, you agree to have your nick name and performance score
displayed on the site. You may not enter, select or use a false name or an email address owned
or controlled by another person with the intent to impersonate that person.
Failure to do so shall constitute a breach of these Terms of Use,
which may result in immediate termination of your account.
You shall be responsible for maintaining the confidentiality of your password
and are fully responsible for all activities that occur under your user name and password.
Any user name and password provided to you for your access to the service shall be
for your personal use only.
No Recommendations or Advice
Macroaxis is not a registered investment advisor or broker/dealer.
Macroaxis should be used for informational purposes only and is not investment advice. Macroaxis, and its employees and agents
are not investment advisors. If you make investment decisions in reliance on information you receive in connection with the Service, you
do so at your own risk and Macroaxis, its employees, and its management will not be liable for any losses that you may sustain.
You should not make any investment decision without first consulting your personal financial advisor and
conducting your own research, including carefully reviewing the prospectuses and other public filings of
the issuer. To the maximum extent permitted by law, Macroaxis
disclaims any and all liability in the event any information, analysis, opinions, advice or recommendations
on the Site are inaccurate, incomplete or unreliable or result in any investment or other losses.
Nothing on the Site should be construed as an offer to sell, an offer to buy, or a recommendation for
any security by Macroaxis or any third party.
You alone are solely responsible for determining whether any investment,
security or strategy, or any other product or service, is appropriate or suitable for
you based on your investment objectives and personal and financial situation.
Securities Disclaimer
You acknowledge that an investment in any security is subject to a number of risks and that discussions of any security published on the
Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks as to which content
is published on the Site may have a low market capitalization or insufficient public float. Such stocks are subject to more risk than stocks
of larger companies, including greater volatility, lower liquidity and less publicly available information.
Eligibility and Restrictions
You must be 18 years of age or older to use the Service.
It is not intended for those under the age of 18. Use of the Service
is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that your
use of the Service will not violate any applicable law or regulation. You represent and warrant that you are 18 years of age or
older and are fully able and competent to enter into, and abide by the terms of this Agreement.
When using the Service, you must comply with all applicable laws, including without limitation,
the rules and regulations of the U.S. Securities
and Exchange Commission and the national or other securities exchanges,
including rules against making false or misleading statements to manipulate
the price of a security. You personally will not, and will not permit anyone else to:
Store, copy, modify, distribute, or resell any of the content made available on the
Site or compile or collect any content as part of a database or other work
Use any automated tool (e.g., robots, spiders) to use the Site or store, copy,
modify, distribute, or resell any Site Content
Rent, lease, or sublicense your access to the Site to another person
Use the Service or Site Content for any purpose except for your own personal use
Circumvent or disable any digital rights management, usage rules, or other security
features of the Service
Use the Service in a manner that threatens the integrity, performance, or availability
of the Service
Remove, alter, or obscure any proprietary notices (including copyright notices)
on any portion of the Site content
Submissions to Macroaxis
You will retain ownership rights in your submissions. However, by submitting your post or comments to us, you hereby grant to Macroaxis, a perpetual,
non-exclusive, fully paid, royalty-free, worldwide license (with the right to sub-license through multiple tiers of sub-licensees) to use, copy, modify,
adapt, transmit, and distribute your submissions unless otherwise restricted by this Agreement including as provided by our Privacy Statement. You further
represent and warrant that:
(i) you own all right title and interest in your submissions or otherwise have the right to grant the license set forth herein, and
(ii) the posting of your submissions on or through the Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission
posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary
rights, or any other harm resulting from any submissions.
Macroaxis does not actively monitor your postings to the Site. However, in our efforts to promote good citizenship within the Macroaxis
community, if Macroaxis becomes aware of inappropriate use of the Service, Macroaxis shall be entitled to respond in any way that we deem
appropriate in our sole discretion. You acknowledge that Macroaxis may report to government authorities any actions that may be considered illegal,
as well as any reports it receives of such conduct. When requested, Macroaxis may cooperate with government authorities in any investigation of
alleged illegal activity.
Macroaxis may remove any submission that Macroaxis determines, in its sole discretion, violates the terms of this Agreement or are otherwise
deemed by Macroaxis to be inappropriate for posting.
Member Conduct
Macroaxis asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette.
To further these common goals when posting submissions to or otherwise using the Site, you agree not to:
Use Macroaxis's facilities, services or resources (including the Service)
in a manner which violates any applicable laws or regulations;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially,
ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually
explicit images (actual or simulated);
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit
a member's password or other account information; or harvest user names, email addresses or other personal information for any purpose;
Post submissions that contain nudity, violence, or offensive subject matter;
Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive,
threatening, obscene, defamatory or libelous;
Sell or otherwise transfer your profile or account on the Service; or
Use Macroaxis's facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment.
Such interference or disruption includes, but is not limited to:
(i) propagation of computer worms or viruses,
(ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or
(iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorized security probing activities
or other attempts to evaluate the security integrity of a network or host system without permission.
Macroaxis reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth
in this Agreement, including without limitation removing any offending profile information or submissions, and terminating your access to the Service.
Macroaxis intelectual property rights
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
Except as expressly authorized by Macroaxis,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
Macroaxis Inc grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, nor to
use modified versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the Service by any means
other than through the interface that is provided by Macroaxis for use in accessing the Service.
Feedback
Macroaxis may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service ("Feedback").
You agree that Macroaxis may, in its sole discretion, use the Feedback you provide to Macroaxis in any way, including in future
modifications to the Service. You hereby grant Macroaxis a perpetual, worldwide, fully transferable, irrevocable, royalty free license
to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
Macroaxis Disclaimer of Warranties
YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MACROAXIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MACROAXIS OR
THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES
AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Macroaxis Limitation of Liability
MACROAXIS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MACROAXIS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES),
RESULTING FROM YOUR USE OF THE SERVICE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL MACROAXIS'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF
OR RELATED TO YOUR USE OF THE SERVICE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF
WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO MACROAXIS FOR USE OF THE SERVICE
AND WEBSITE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You will indemnify and hold Macroaxis, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages,
expenses, and liability caused by your use of the Service or Site Content, your violation of this Agreement, or your violation of any rights of a
third party through use of the Service or Site Content.
Contacting Macroaxis
If you have any questions or concerns about the Service or this Agreement, please send us a thorough description by contacting Macroaxis
here.
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