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CANSLIM.net Terms and Conditions
(privacy policy below)
Last Updated January 9, 2009
These Terms and Conditions (these 'Terms and
Conditions') set forth the rules that apply to your access and use of
CANSLIM.net. Your access and use of CANSLIM.net means that you agree these Terms
and Conditions and www.canslim.net's
privacy policy below,
as well as applicable laws, rules and regulations. If you do not agree with
these Terms and Conditions or www.canslim.net's Privacy Policy, please do not
access or use CANSLIM.net.
CANSLIM.net is operated by Gruneisen Growth
Corp., a Florida corporation, d/b/a www.canslim.net ("www.canslim.net"). The
names "CANSLIM" and "CAN SLIM" are service marks and trade names of Data
Analysis, Inc., a California corporation, and are used by Gruneisen Growth
Corp., a Florida corporation, under license. GGC is solely responsible for the
operation of and opinions expressed in this Website.
Should you have any questions or concerns about
CANSLIM.net or www.canslim.net's memberships, online features, services or
policies, please contact www.canslim.net directly:
| via telephone at: |
954-785-1121 |
| via fax at: |
954-785-6579 |
| via email at: |
customercare@canslim.net |
| via regular mail at: |
www.CANSLIM.net
P.O. Box 5962
Lighthouse Point, FL 33074
Attention: Customer Care |
Your access and use of CANSLIM.net
Access and use of CANSLIM.net is available only
for lawful purposes and in accordance with these Terms and Conditions and
www.canslim.net's Privacy Policy. There may be times when your access and use of
CANSLIM.net is interrupted for any number of reasons beyond www.canslim.net's
control, like equipment malfunction, updating and backup requirements, and
system maintenance and repair. www.canslim.net reserves the right to suspend or
discontinue the availability of CANSLIM.net and/or any portion of CANSLIM.net at
any time in its sole discretion. Such right includes, without limitation, the
right to refuse to publish any transmissions, submissions or postings to
CANSLIM.net.
Any action by you that, in www.canslim.net's sole
discretion, (i) violates any applicable law, rule or regulation and/or these
Terms and Conditions and/or www.canslim.net's Privacy Policy, (ii) restricts,
inhibits or prevents access and use of CANSLIM.net, or (iii) through the access
or use of CANSLIM.net, defames, abuses, harasses, offends or threatens, is not
permitted, and may result in the loss of your right to access and use
CANSLIM.net. www.canslim.net does not permit CANSLIM.net and/or any information
appearing on CANSLIM.net to be mined, metatagged, linked to or framed without
the prior written permission of www.canslim.net, and www.canslim.net may
withhold such permission in its sole discretion.
Protection of www.canslim.net's intellectual
property rights
The proprietary marks and text appearing on
CANSLIM.net belong or are otherwise licensed to www.canslim.net, and may not be
used by you without the prior written permission of www.canslim.net.
www.canslim.net may withhold such permission in its sole discretion.
www.canslim.net makes no proprietary claim to any third-party content, names,
trademarks or service marks appearing on CANSLIM.net. Any third-party content,
names, trademarks and service marks are property of their respective owners.
The proprietary information, financial market and
investment information, data, software and content viewable on, contained in, or
downloadable from CANSLIM.net (collectively, the 'Content'), including, without
limitation, all text, graphics, charts, pictures, photographs, images and line
art, are copyrighted by, or otherwise licensed to, www.canslim.net.
www.canslim.net also owns a copyright of a collective work in the selection,
coordination, arrangement, presentation, display and enhancement of the Content.
Your viewing, reading, printing, downloading or
otherwise using the Content, even with the prior written permission of
www.canslim.net, does not entitle you to any ownership or intellectual property
rights in or to the Content. You are solely responsible for any damage resulting
from your infringement of www.canslim.net's or any third party's rights in or to
the Content, and/or use of the Content that is contrary to these Terms and
Conditions.
www.canslim.net makes no representations or
warranties regarding the Content
www.canslim.net provides the Content on an
'as-is' basis, and the Content is intended only to assist you in making
financial decisions. The Content is intended for informational purposes only,
and should not be used or construed as an offer to buy, sell or hold, or
endorsement, recommendation or sponsorship of, any company or security. ]
You acknowledge and agree that any request for
information from www.canslim.net is unsolicited and shall neither constitute nor
be construed as investment advice. www.canslim.net does not provide or guarantee
any legal, tax or accounting advice or advice regarding the suitability,
profitability or potential value of any security, investment or information
source.
Investing in securities involves certain risks.
Before making any investment decisions or implementing any investment strategy,
www.canslim.net strongly recommends that you speak to your qualified financial
and investment advisors. Ultimately, it is your sole responsibility to
independently evaluate the Content and any use of, or reliance upon, the Content
by you is solely at your own risk.
www.canslim.net does not make any representations
or warranties, express or implied (i) regarding the accuracy, correctness or
completeness of the Content, (ii) the non-infringement, safety, reliability,
timeliness or fitness for a particular purpose of the Content, nor (iii) that
the Content is free from infection of any viruses, worms, Trojan horses, trap
doors, back doors, easter eggs, time bombs, cancelbots or other code or computer
programming routines that contain contaminating or destructive properties or
that are intended to damage, detrimentally interfere with, surreptitiously
intercept, harvest or expropriate from any system, data or personal information.
www.canslim.net is not responsible for any of the
Content posted on CANSLIM.net by third parties. www.canslim.net does not review
or endorse any postings that appear on CANSLIM.net in message boards or other
public features.
Your use of the Content
You may print, download or otherwise use the
Content for non-commercial use in the form of (i) one (1) machine-readable copy,
(ii) one (1) backup copy and (iii) one (1) print copy. Except as otherwise
permitted under the copyright laws of the United States, no other copying,
distribution, redistribution, transmission, publication or use of the Content is
permitted by you without the prior written consent of www.canslim.net, and
www.canslim.net may withhold such permission in its sole discretion.
You may not delete any proprietary notices
appearing in the Content. You may not transfer the Content to another person or
entity. You may not modify the Content or utilize it for any commercial purpose
or any other public display, performance, sale or rental. You may not decompile,
reverse engineer or disassemble the Content in any way.
www.canslim.net and its officers, directors,
shareholders, employees, independent contractors, agents, representatives and
affiliates may invest or otherwise hold interests in companies contemplating or
that have undertaken initial public offerings, including companies mentioned in
the Content. The views and opinions expressed in the Content are not intended
and shall not be construed to constitute a description of securities bought,
sold, or held on behalf of such parties. Nor are the views and opinions present
in the Content an indication of any intention to buy, sell, or hold any
security. Investment decisions made by such parties may change at any time and
for any reason.
Investment information disclaimer
Included in the Content on CANSLIM.net is certain
investment information concerning companies, investments and securities, some of
which is made available from third party information providers and posted on
CANSLIM.net's message boards and in other public forums. Neither CANSLIM.net nor
any of its officers, directors, shareholders, employees, independent
contractors, agents, representatives or affiliates (i) passes on the merit of
any of the companies, investments or securities listed in the Content or (ii)
endorses or sponsors any of the companies, investments or securities listed in
the Content.
When accessing and using CANSLIM.net's message
boards and other public features concerning investment information, you should
be wary and cautious of any information you find there. Users who post
information in such venues may not be who they claim to be, and/or may not be
affiliated with whom they claim to be affiliated. The investment information
they make available in such venues may be incorrect or intentionally deceiving.
Investment information included in the Content
cannot substitute for independent research and analysis of companies,
investments and securities, nor for the advice of a qualified financial or
investment advisor. Investment or trading decisions should not be based in any
way on investment information obtained from the Content.
Third party links on CANSLIM.net
CANSLIM.net may provide links to other websites
belonging to www.canslim.net's business partners and other third parties. Such
links do not constitute an endorsement by www.canslim.net of those websites, nor
any products or services listed on those websites. www.canslim.net is not
responsible for any activities on those websites.
Sending information via CANSLIM.net
You are not permitted to transmit, submit or post
information to CANSLIM.net that contains any viruses, worms, Trojan horses, trap
doors, back doors, easter eggs, time bombs, cancelbots or other code or computer
programming routines that contain contaminating or destructive properties or
that are intended to damage, detrimentally interfere with, surreptitiously
intercept, harvest or expropriate from any system, data or personal information.
Limitations on www.canslim.net's liability
www.canslim.net shall not be liable to you, or to any third party, whether in
contract, warranty, tort (including negligence) or otherwise, for any damages,
including, without limitation, punitive, special, incidental, indirect or
consequential damages that include, but are not limited to, damages for any loss
of profit, revenue or business, as a direct or indirect result of, arising out
of or relating to: (i) your breach or violation of these Terms and Conditions
and/or www.canslim.net's Privacy Policy; (ii) your access and use of
CANSLIM.net; (iii) your inability to access or use CANSLIM.net for any reason;
(iv) your use of the Content; and/or (v) your reliance upon or use of any of the
Content, even if www.canslim.net has been advised of the possibility of such
damages. Please note, some jurisdictions do not permit such limitations on
www.canslim.net's liability, and accordingly, some or all of your rights may not
be limited by foregoing limitation of liability.
Your indemnification of www.canslim.net
You shall defend, indemnify and hold harmless
www.canslim.net and its respective officers, directors, shareholders, employees,
independent contractors, agents, representatives and affiliates from and against
all claims and expenses, including, without limitation, attorneys costs and
fees, arising out of, or attributable to any breach or violation of these Terms
and Conditions and/or www.canslim.net's Privacy Policy by you, your access or
use of CANSLIM.net, and/or any access or use of CANSLIM.net under any username
or password issued to you.
Changes to these Terms and Conditions
www.canslim.net reserves the right to amend these
Terms and Conditions at any time, in its sole discretion and without notice. Any
changes to these Terms and Conditions will be posted here. You are encouraged to
visit these Terms and Conditions frequently in order to review any changes that
have occurred. Your continued access and use of CANSLIM.net following any
changes to these Terms and Conditions shall automatically be deemed your
acceptance of the same.
www.canslim.net's equitable remedies
You acknowledge and agree that www.canslim.net
may be irreparably damaged if these Terms and Conditions are not specifically
enforced, and damages at law would be an inadequate remedy. Therefore, in the
event of any breach, violation or threatened breach or violation of these Terms
and Conditions, www.canslim.net shall be entitled, in addition to all other
rights and remedies, to an injunction restraining the same, without being
required to show any actual damage or to post an injunction bond, and/or to a
decree of specific performance or similar equitable remedy.
For purposes of this Section, you agree that any
action or proceeding with regard to www.canslim.net's rights of equitable
remedy, shall be brought in the courts of record of Broward County, Florida, or
the United States District Court, Southern District of Florida, Ft. Lauderdale
Division. You consent to the jurisdiction of such court and waive any objection
to the laying of the venue of any such action or proceeding in such courts. You
agree that service of any court paper may be effected by mail or in such other
manner as applicable laws, rule of procedure or local rules provide.
Governing law and arbitration
These Terms and Conditions are to be governed by
and construed in accordance with the internal laws of the State of Florida,
without regard for principles of conflicts of laws. Any civil action, claim,
dispute or proceeding arising out of or relating to these Terms and Conditions,
except for an injunctive action regarding a breach, violation or threatened
breach or violation of these Terms and Conditions by you as provided above,
shall be referred to final and binding arbitration, before a single arbitrator,
under the commercial arbitration rules of the American Arbitration Association
in Broward County, Florida. The arbitrator shall be selected by you and
www.canslim.net, and if you and www.canslim.net are unable to reach agreement on
selection of the arbitrator within thirty (30) days after the notice of
arbitration is served, then the arbitrator shall be selected by the American
Arbitration Association. Arbitration shall not commence until the party
requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator
for the arbitrator's fees and costs. The party requesting arbitration shall
advance such sums as are required from time to time by the arbitrator to pay the
arbitrator's fees and costs until the prevailing party is determined or the
parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the
arbitrator shall be final, binding and conclusive upon you and www.canslim.net
and your and www.canslim.net's respective administrators, executors, legal
representatives, successors and assigns, and may be entered in any court of
competent jurisdiction.
Miscellaneous
If any portion of these Terms and Conditions is
deemed unlawful, void or unenforceable by any arbitrator or court of competent
jurisdiction, these Terms and Conditions as a whole shall not be deemed
unlawful, void or unenforceable, but only that portion of these Terms and
Conditions that is unlawful, void or unenforceable shall be stricken from these
Terms and Conditions.
The headings contained in these Terms and
Conditions are for convenience of reference only, are not to be considered a
part of these Terms and Conditions, and shall not limit or otherwise affect in
any way the meaning or interpretation of these Terms and Conditions.
All covenants, agreements, representations and
warranties made in these Terms and Conditions, as may be amended by
www.canslim.net from time to time, shall survive your acceptance of these Terms
and Conditions.
These Terms and Conditions represent the entire
understanding and agreement between you and www.canslim.net regarding their
subject matter, and supersede all other previous agreements, understandings
and/or representations regarding the same.
CANSLIM.net Privacy Policy
(Terms and Conditions above)
Last Updated January 8, 2008
This Privacy Policy (this "Privacy Policy")
explains what information www.canslim.net may collect via CANSLIM.net, what
www.canslim.net may do with the information www.canslim.net collects from
CANSLIM.net, and what security precautions www.canslim.net takes with regard to
CANSLIM.net. Your access and use of CANSLIM.net means that you agree with this
Privacy Policy and www.canslim.net's Terms and Conditions located at
http://www.canslim.net/termsandconditions.htm
above,
as well as applicable laws, rules and regulations. If you do not agree with this
Privacy Policy or www.canslim.net's Terms and Conditions, please do not access
or use CANSLIM.net. CANSLIM.net is intended to be accessed and used only by
adults and is not directed to children under the age of 18.
CANSLIM.net is operated by Gruneisen Growth
Corp., a Florida corporation, d/b/a www.canslim.net ("www.canslim.net"). The
names "CANSLIM" and "CAN SLIM" are service marks and trade names of Data
Analysis, Inc., a California corporation, and are used by Gruneisen Growth
Corp., a Florida corporation, under license. GGC is solely responsible for the
operation of and opinions expressed in this Website.
| via telephone at: |
954-785-1121 |
| via fax at: |
954-785-6579 |
| via email at: |
customercare@canslim.net |
| via regular mail at: |
www.CANSLIM.net
P.O. Box 5962
Lighthouse Point, FL 33074
Attention: Customer Care |
www.canslim.net's collection and use of
personally identifiable information
Access and use of portions of CANSLIM.net is
available to you without your providing www.canslim.net with any personally
identifiable information. However, when you use CANSLIM.net to provide
commentary, request additional information, register for any level of
www.canslim.net membership, purchase a membership or otherwise request to be
contacted by www.canslim.net, depending on the nature of your request,
www.canslim.net will ask you to submit personally identifiable information like
your name, postal address, telephone number, credit card information and email
address. CANSLIM.net does not knowingly permit submission of personally
identifiable information by users under the age of 18. www.canslim.net uses this
information to fulfill your requests, and if you register with www.canslim.net
for membership, to fulfill your membership requirements and send you our market
reports, bulletins and newsletters which are part of your membership package.
From time to time, we may provide you with brochures and other promotional materials
that we think may be of interest to you. You can opt for www.canslim.net not to
share your information with third parties by sending an email request to customercare@canslim.net.
Notwithstanding the foregoing, www.canslim.net
reserves the right to share or otherwise disclose your personally identifiable
information when it determines, in its sole discretion, that the disclosure is
necessary to identify, contact or bring legal action against you if (i) you are
interfering with another's, including www.canslim.net's, rights or property,
(ii) you are violating this Privacy Policy, www.canslim.net's Terms and
Conditions and/or any applicable law, rule or regulation, and/or (iii) requested
by authorities in the event of any act of terrorism or instance of any local,
regional or national emergency.
Changes to personally identifiable information
and contact preferences
You may at any time request from www.canslim.net
a copy of your personally identifiable information and contact preferences held
in www.canslim.net's records, or otherwise make changes to your information
and/or preferences, by contacting customercare@canslim.net
| via telephone at: |
954-785-1121 |
| via fax at: |
954-785-6579 |
| via email at: |
customercare@canslim.net |
| via regular mail at: |
www.CANSLIM.net
P.O. Box 5962
Lighthouse Point, FL 33074
Attention: Customer Care |
Usernames and passwords
You may be issued a username and password by www.canslim.net in order to enable
you to utilize certain features of www.canslim.net membership. You are solely
responsible for keeping the confidentiality of any username and password issued
to you. You are responsible for any access, use or activities on CANSLIM.net
conducted under your username and/or password.
Use of your submissions
If you transmit, submit or post any information
to the "Stock Ideas Message Board", "Frequently Asked Questions", "WebChat
Forum", "Testimonials" and/or other public forum features available on
CANSLIM.net, you automatically grant www.canslim.net the worldwide, fully-paid,
royalty-free, exclusive right and license to use, copy, format, adapt, publish
and/or incorporate the same in any media whatsoever. Keep in mind that any
information you submit to those public forum features may be publicly displayed
on CANSLIM.net for other users to access and see. For that reason, we encourage
you not to post any personally identifiable information in submissions to those
features. www.canslim.net will not be responsible for the use or dissemination
of any information that you post to these pages.
CANSLIM.net's security infrastructure
In the unlikely event that an unauthorized third
party compromises CANSLIM.nets security infrastructure, www.canslim.net is not
liable to you, or to any third party, for any occurrences or damages directly or
indirectly related to an unauthorized third party's ability to view, use or
disseminate your personally identifiable information or contact preferences,
including, without limitation, a third party's ability to tap in to or otherwise
eavesdrop on, your Internet connection.
CANSLIM.net uses a SALT encryption mechanism that
is RD-5 complaint, 128 bit encrypted to store user information. There is no
external IP interface and no credit card detail is kept on file whatsoever.
CANSLIM.net's use of cookies and aggregate
statistical data
CANSLIM.net utilizes cookie technology.
www.canslim.net's "cookies" are the alphanumeric identifiers in the form of text
files that are inserted and stored on your computer's hard drive by your web
browser. www.canslim.net uses cookies to track CANSLIM.net usage and click
through trends to assist www.canslim.net in developing new products and website
features. CANSLIM.net also logs information derived from cookies about access
and use of CANSLIM.net, including origination IP addresses. The information
collected by www.canslim.net's cookies is completely anonymous.
www.canslim.net uses the anonymous information it
collects from cookies to diagnose potential and existing server problems and to
aggregate statistical data. www.canslim.net reserves the right to share the
anonymous, aggregate statistical data with third parties. You can disable your
web browser's ability to receive cookies from CANSLIM.net.
Third party links on CANSLIM.net
CANSLIM.net may provide links to the websites of
other business partners, affiliates and third parties; however, this Privacy
Policy applies solely to CANSLIM.net. If you utilize any third party links
appearing on CANSLIM.net, www.canslim.net encourages you to read the individual
privacy policies of those linked websites, as they may differ substantially from
this Privacy Policy. www.canslim.net makes no representations or warranties
about, nor is www.canslim.net responsible for, the privacy policies of any
websites outside CANSLIM.net.
Changes to this Privacy Policy
This Privacy Policy may require periodic
updating. www.canslim.net reserves the right to amend this Privacy Policy at any
time, in its sole discretion and without notice. Any changes to this Privacy
Policy will be posted here. You are encouraged to visit this Privacy Policy
frequently in order to review any changes that have occurred. Your continued
access and use of CANSLIM.net following any changes to this Privacy Policy shall
automatically be deemed your acceptance of the same.
Governing law and arbitration
This Privacy Policy is to be governed by and
construed in accordance with the internal laws of the State of Florida, without
regard for principles of conflicts of laws. Any civil action, claim, dispute or
proceeding arising out of or relating to this Privacy Policy shall be referred
to final and binding arbitration, before a single arbitrator, under the
commercial arbitration rules of the American Arbitration Association in Broward
County, Florida. The arbitrator shall be selected by you and www.canslim.net,
and if you and www.canslim.net are unable to reach agreement on selection of the
arbitrator within thirty (30) days after the notice of arbitration is served,
then the arbitrator shall be selected by the American Arbitration Association.
Arbitration shall not commence until the party requesting it has deposited One
Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and
costs. The party requesting arbitration shall advance such sums as are required
from time to time by the arbitrator to pay the arbitrator's fees and costs until
the prevailing party is determined or the parties have agreed in writing to an
alternate allocation of fees and costs.
Judgment upon any award rendered by the
arbitrator shall be final, binding and conclusive upon you and www.canslim.net
and your and www.canslim.net's respective administrators, executors, legal
representatives, successors and assigns, and may be entered in any court of
competent jurisdiction.
Miscellaneous
If any portion of this Privacy Policy is deemed
unlawful, void or unenforceable by any arbitrator, this Privacy Policy as a
whole shall not be deemed unlawful, void or unenforceable, but only that portion
of this Privacy Policy that is unlawful, void or unenforceable shall be stricken
from this Privacy Policy.
The headings contained in this Privacy Policy are
for convenience of reference only, are not to be considered a part of this
Privacy Policy, and shall not limit or otherwise affect in any way the meaning
or interpretation of this Privacy Policy.
All covenants, agreements, representations and
warranties made in this Privacy Policy, as may be amended by www.canslim.net
from time to time, shall survive your acceptance of this Privacy Policy.
This Privacy Policy represents the entire
understanding and agreement between you and www.canslim.net regarding its
subject matter, and supersedes all other previous agreements, understandings
and/or representations regarding the same
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