Terms of Service
In addition, by using the Financial Chat, Chat Forums (the Service) you confirm your agreement to the following Terms of Service. We may update and modify these Terms of Service from time to time, and by continuing to use the service after posting of a modification, you accept the modification. If you object to any terms and conditions of the Terms of Service at any time, you should discontinue use of the Service, and terminate your Service immediately by sending e-mail to webmaster@financialchat.com.
Summary of terms
Financial Chat, Financial Chat, Inc. and its employees assume no responsibility for the accuracy, completeness, objectivity, or usefulness of the information presented on our Service. We do not endorse any recommendation or opinion made by any member, nor do we advocate the purchase or sale of any security or investment. You are responsible for your own investment decisions.
You agree that all the information presented about yourself on the Financial Chat Registration Form is true and accurate and that you will conduct yourself in a responsible manner when using our Service.
You agree that you will not use our Service for illegal purposes including posting information you know to be false, unlawful, libelous, harassing, profane, abusive, threatening, obscene, vulgar, or otherwise objectionable. You agree that you will not use our Service to distribute junk mail, spam, chain letters, or any other form of an unapproved mass e-mail or solicitation.
You accept the service as is.
Please report any violations of these Terms of Service to: webmaster@financialchat.com
1. ACCEPTANCE OF TERMS
Welcome to Financial Chat. Financial Chat provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. PLEASE READ THIS DOCUMENT CAREFULLY. In addition, when using particular Financial Chat services, you and Financial Chat shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
You understand that accessing or transmitting information, registering or otherwise participating in any of the Financial Chat services constitutes and shall be deemed an acceptance by you of the following Terms and Conditions. Financial Chat reserves the right, at its sole discretion to change, modify or add to these Terms and Conditions, at any time, and without prior notice to you. If you do not wish to be bound by these Terms and Conditions, you must not use or participate in any of the Financial Chat services.
2. DESCRIPTION AND USE OF INFORMATION ON SERVICE
Financial Chat currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Financial Chat properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Financial Chat assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Financial Chat has created certain areas on the Service that contain financial content. You must be at least 18 years of age to engage in the trading of US Securities.
Financial Chat Forums provides users an area to discuss financial happenings and includes information, views, opinions, and recommendations of many individuals and organizations.
You are responsible for your own investment decisions. The Service is designed to help you acquire the information you need to help you make your own decisions. You, however, must make those decisions. You are responsible for properly analyzing and verifying any information you intend to rely upon.
Financial Chat, Financial Chat, Inc. and its employees assume no responsibility for the accuracy, completeness, objectivity, or usefulness of the information presented on our Service. We do not endorse any recommendation or opinion made by any member, nor do we advocate the purchase or sale of any security or investment.
Financial Chat does not routinely screen, edit, or review messages posted by its members. However, we do reserve the right to monitor or remove any post, at any time, from the Service without notice. We also reserve the right to terminate any member's membership at any time, without notice.
Members should be aware that other members may not be who they say they are. Financial Chat takes no action to perform a background check on any of the members' alias profiles. We do not guarantee that members' alias profiles contain accurate information. Members should also be aware that other members may use our Service for personal gain. Therefore, investors should approach messages with appropriate skepticism.
Messages posted by individuals may be misleading, deceptive, or in error. If you disagree with a posting, you may want to post a response. It is the policy of Financial Chat to allow our members to freely discuss issues in a free and open manner, and we will not take sides in disagreements or disputes involving our members, so do not ask us to do so. If you believe a message has been intentionally posted in violation of securities laws you should contact the Securities and Exchange Commission [SEC]. The SEC's e-mail address for complaints is enforcement@sec.gov
You should be aware of the potential risks of on-line investing and market analysis. The SEC publishes information on cyberfraud. The NASDR provides analysis on how to invest carefully in the electronic world. The NASAA provides tips on how to avoid online investment schemes aimed at taking advantage of unsuspecting investors. Their websites are instructive and can be found at:
· http://www.sec.gov
· http://www.nasdr.com
· http://www.nasaa.org
Financial Chat, Inc., and its staff may have financial interests in some of the investment vehicles discussed through the service.
3. YOUR REGISTRATION OBLIGATIONS
You must be at least eighteen (18) years of age to register with Financial Chat. By completing a registration for any Service, you agree you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and to continue to do so when and if requested by Financial Chat and
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Financial Chat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Financial Chat has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), and
c) to maintain only one active registration with the Financial Chat at all times and you certify that you currently have no other registration(s) with Financial Chat or any of its Services.
4. FINANCIAL CHAT PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.financialchat.com/about/privacy_policy.asp
You are hereby cautioned that any on-line communications (message/discussion/live chat) may not be fully confidential. You should be aware that Financial Chat personnel, from time to time, will monitor all message boards, discussion threads and live chat in the course of their regular duties and have access to communications for technical and operational purposes. Active Trader may disclose such communications to any regulatory agency required by law.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree
a) To immediately notify Financial Chat of any unauthorized use of your password or account or any other breach of security,
b) That you shall be the only authorized user of the Service through your Account Designation and Password
c) to ensure that you exit from your account at the end of each session. Financial Chat cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
d) We reserve the right to refuse to grant you an Account Designation if we, in our sole discretion, determines that the User Name, is or may be, fictitious, or an impersonation of someone else, illegal, protected by a trademark, copyright or other legal proprietary right, vulgar, obscene or offensive in any way, or may cause confusion to other members of the Service.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Financial Chat, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Financial Chat does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Financial Chat be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) impersonate any person or entity, including, but not limited to, a Financial Chat official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
g) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k) "stalk" or otherwise harass another; or
l) collect or store personal data about other users.
7. Postings and Messages
a) Messages may be posted within the Service by registered members and ActiveTrader moderators. The primary purpose of the ActiveTrader moderators is to make members feel comfortable using the Service, to keep conversations from drifting off-topic, to stimulate discussion, if necessary, and to answer questions. You understand that any information, commentary, recommendations, advice, investment ideas or materials provided on any bulletin board, message board, chat services, or other online conference or telecast through the Service by a member of the Service or others, including ActiveTrader moderators, is not the views of, or attributable to Financial Chat, and that any and all individuals providing such information are not employees, associated persons, or agents of, or otherwise affiliated with Financial Chat. You understand that the information contained in a message or comment posted is probably not a complete analysis of every material fact respecting any company, industry or security. You should not believe that an ActiveTrader Moderator has any additional insight or information about any topic. Financial Chat may engage independent contractors to assist FINANCIAL Chat in monitoring the Service for violations of these Terms and Conditions.
b) Neither Financial Chat nor any independent contractor engaged by it assumes any responsibility for, and does not guarantee, the accuracy, currency, completeness or usefulness of information in any material in the Service and it does not endorse any opinions or recommendations posted by you or other members. You should exercise discretion and skepticism before relying on information in messages, since it may be incorrect or misleading. You agree that to the extent that you rely on information posted within the Service, you do so solely at your own risk.
c) You acknowledge that Financial Chat does not pre-screen Content, but that Financial Chat and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Financial Chat and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Financial Chat or submitted to Financial Chat, including without limitation information in Financial Chat Message Boards, Financial Chat Clubs, and in all other parts of the Service.
You acknowledge and agree that Financial Chat may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a) comply with legal process;
b) enforce the TOS;
c) respond to claims that any Content violates the rights of third-parties; or
d) protect the rights, property, or personal safety of Financial Chat, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
a) transmissions over various networks; and
b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. PUBLIC CONTENT POSTED TO FINANCIAL CHAT
a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Financial Chat Clubs and Financial Chat Message Boards, but would not include private Financial Chat Clubs or private Financial Chat communication services such as Financial Chat Mail or Financial Chat Messenger.
b) With respect to Content you elect to post for inclusion in publicly accessible areas of Financial Chat Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Financial Chat the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Financial Chat Club to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Financial Chat the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold Financial Chat, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. Financial Chat reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. FINANCIAL CHAT'S RIGHT TO USE CONTENT
The content available throughout the Service is the property of Financial Chat and Financial Chat, Inc. and is protected by copyrights and trademarks. You may display, reformat, and print information found on the Service for personal use only. You agree not to reproduce, transmit, repost, distribute, sell, publish, broadcast, or in any other way commercially exploit any of the content without our written consent.
You agree that upon posting information on the Service, you grant and assign Financial Chat and Financial Chat, Inc., and their successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant Financial Chat and Financial Chat, Inc. the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Financial Chat may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Financial Chat's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Financial Chat has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Financial Chat reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Financial Chat reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
Financial Chat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Financial Chat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that Financial Chat, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Financial Chat believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Financial Chat may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Financial Chat may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Financial Chat shall not be liable to you or any third-party for any termination of your access to the Service or any claims related to the termination of Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Financial Chat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Financial Chat has no control over such sites and resources, you acknowledge and agree that Financial Chat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Financial Chat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. FINANCIAL CHAT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Financial Chat or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Financial Chat grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Financial Chat for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FINANCIAL CHAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FINANCIAL CHAT MAKES NO WARRANTY THAT
i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL CHAT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FINANCIAL CHAT SHALL 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 FINANCIAL CHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
i) THE USE OR THE INABILITY TO USE THE SERVICE;
ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
1. You understand and agree that Financial Chat does not recommend any security, financial product or instrument, nor does any mention of a particular security in this Website or anywhere in the Service constitute a recommendation by Financial Chat to buy, sell, or hold that or any other security, financial product or investment discussed therein. You understand and agree that Financial Chat also does not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You also understand and acknowledge that Financial Chat provides no tax, legal or investment advice. You also understand and agree that by accessing this Website or participating in the Service, that any information provided therein is not to be used or considered as an offer, or a solicitation of an offer, to buy or sell securities by Financial Chat.
2. You understand and agree that the Service is provided solely for the information and use of registered members who are expected to make their own investment decisions without reliance on this information, and Financial Chat, its affiliates and any independent contractor engaged by Financial Chat to assist in monitoring the Service, accept no liability whatsoever for any direct or consequential loss arising from any use of information available to you in the Service. You agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. You also understand and acknowledge that Financial Chat and its employees are not authorized to give any such advice and that you will not solicit or rely upon any such advice from Financial Chat or any of its employees or agents. You acknowledge that Financial Chat or any of its employees or agents are not, and your access to information through the Service will not, cause Financial Chat or its employees or agents to be an investment advisor with respect to you.
3. If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Financial Chat shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
22. COPYRIGHTS and COPYRIGHT AGENTS
Financial Chat respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Financial Chat's Copyright Agent the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Financial Chat's Copyright Agent for Notice of claims of copyright infringement on its site is Andrea Doherty who can be reached as follows:
Andrea Doherty
Financial Chat
379 Amherst Street #181
Nashua, NH 03063
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Financial Chat and govern your use of the Service, superceding any prior agreements between you and Financial Chat. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Financial Chat shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Financial Chat agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Delaware. The failure of Financial Chat to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. Governing Law. These Terms and Conditions shall be deemed to have been made in the State of New Hampshire and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of that State. If any specific terms or condition is held to be invalid, void or unenforceable, that determination shall not affect the validity of the remaining provisions of these Terms and Conditions. Additionally, any action to enforce this Agreement, or alleging a breach or violation of same shall be commenced only in the courts of the State of New Hampshire.
