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1. Acceptance
of Terms
Welcome to SiteContentBuilder.com. This
site, SiteContentBuilder.com, (hereinafter
referred to as "SCB") is provided as a paid
subscription service to you, subject to the
following Terms of Service (hereinafter
referred to as "TOS"), which may be updated
by us from time to time without notice to
you. Your use of SCB and any Services,
products, downloads, or anything else
rendered from or with SCB, constitutes your
unconditional agreement to follow and be
bound by the TOS. Your use of SCB and the
Service, as defined below, following any
changes to the TOS constitutes your
unconditional agreement to follow and be
bound by the TOS as changed. For this
reason, we encourage you to review the TOS
whenever you use SCB or the Service, as
defined below. Although you may "bookmark" a
particular portion of this Site and thereby
bypass this Agreement, your use of this Site
still binds you to these Terms of Use.
By accepting these TOS through your use of
the Service, as defined below, you certify
that you are 18 years of age or older. If
you are under the age of 18 but at least 13
years of age you may use the Service only
under the supervision of a parent or legal
guardian who agrees to be bound by these
TOS. SCB does not intentionally collect
personal information about children under
the age of 13. Children under the age of 13
may not use the Service and parents or legal
guardians may not agree to these TOS on
their behalf. If you are a parent or legal
guardian agreeing to these Terms of Use for
the benefit of a child between the ages of
13 and 18, be advised that you are fully
responsible for his or her use of the
Service, including all financial charges and
legal liability that he or she may incur. If
you do not agree to (or cannot comply with)
any of the terms and conditions in this TOS,
do not use the Service. All billing and
registration information provided must be
truthful and accurate. providing any
untruthful or inaccurate information may
constitute a breach of these TOS.
2. Description of Service
In this TOS, the term the Service shall mean
SCB, the Internet site
SiteContentBuilder.com and any information
found on the Internet site and any
communication, electronic or otherwise on,
by, or through the Internet site or SCB.
(hereinafter collectively referred to as the
"Service"). You also understand and agree
that the Service includes information,
whether on the Internet site SCB or
communicated via email or other electronic
communication, and no matter from what
source, whether SCB or some other
entity, such as, but not limited to, job
postings, press releases, news, articles,
stories, and reviews. Unless explicitly
stated otherwise, any new features that
augment or enhance the current Service,
including the release of new SCB
services or properties, shall be subject to
the TOS. The officers and employees of SCB
may (or may not) maintain positions in some
of the profiled Companies. You understand
and agree that the Service is provided
"AS-IS" and that SCB assumes no
responsibility for the timeliness, deletion,
mis-delivery, accuracy of content, website
or server downtime, inability for you to
access the SCB products or services for any
reason whether it is the fault of you or SCB
or failure to store any user communications
or personalization settings or other
information, also any downloads provided by
SCB are provided "AS-IS", any damages that
may result from using the SCB products and
services are the sole liability of you. You
are responsible for obtaining access to the
Service and that access may involve third
party fees (such as Internet service
provider or airtime charges). You are
responsible for those fees, including those
fees associated with the display or delivery
of advertisements. In addition, you must
provide and are responsible for all
equipment necessary to access the Service.
Also part of the Service is SCB 's RSS
(really simple syndication) service also
known as "Natural Automated Site Growth",
which is a means by which SCB offers
feeds of headlines of various forms of
information in XML format ("RSS Content") to
users of SCB who use RSS aggregators
or to who display the headlines in the RSS
feeds on their websites. The RSS service may
be used only when used exactly as generated
as a download from the SCB website.
You may not display the RSS Content in a
manner that does not permit successful
linking to, redirection to or delivery of
the applicable SCB Site web page. You
may not insert any intermediate page, splash
page or other content between the RSS link
and the applicable SCB Site web page.
SCB assumes no liability for any of
your activities in connection with the RSS
feeds or for your use of the RSS feeds in
connection with your website. The products
and services offered are always growing and
may encounter maintenance downtime to
increase or improve the services offered.
3. Registration Obligations
In consideration of your use of the Service,
you represent that you are of legal age to
form a binding contract and are not a person
barred from receiving services under the
laws of the United States or other
applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and
complete information about yourself as
prompted by any of the Service's
registration forms (such information being
the "Registration Data") 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 SCB has reasonable
grounds to suspect that such information is
untrue, inaccurate, not current or
incomplete, SCB 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). Since the
Service is designed to appeal to a broad
audience, as the legal guardian, it is your
responsibility to determine whether any of
the Service and/or Content (as defined in
Section 5 below) are appropriate for your
child. SCB may block access to the services,
or products offered to anyone for any
reason, in addition SCB may not be used to
generate offensive material at the
discretion of SCB. SCB reserves the right to
terminate without partial or full refund if
any part of this agreement is breeched.
Refunds are not offered as our services are
fully explained and offered AS-IS, SCB has
taken every precaution possible to represent
each product and service to the best
accuracy possible, however if any
information is inaccurate due to human error
SCB can not be held responsible, this
includes the website, newsletters, email
transmissions, verbal agreements, any
documentation herein stated or otherwise.
4. 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 to
(a) immediately notify SCB of any
unauthorized use of your password or account
or any other breach of security, and (b)
ensure that you exit from your account at
the end of each session. SCB cannot
and will not be liable for any loss or
damage arising from your failure to comply
with this Section 4.
5. 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 SCB, are entirely responsible for all
Content that you upload, post, email,
transmit or otherwise make available via the
Service. SCB 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, objectionable, inaccurate, or not
true. Under no circumstances will SCB
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, transmitted or otherwise made
available via the Service.
SCB has not verified and does not
warrant or guarantee the accuracy of any of
the information or Content contained in the
Service. The Content and information in the
Service has been provided by the Companies
contained herein or other third party
sources. It is the responsibility of the
user to check the accuracy, timeliness and
reliability of the information provided. By
accessing the Service the user acknowledges
that SCB shall not be liable for any
losses caused, either directly or
indirectly, as a result of the information
or Content contained on or produced by the
Service, or information contained on any
"linked" third party site, document, or
other item. Users of the Service should
verify all claims, information and Content
and do their own due diligence before
investing in any securities mentioned on the
Service or working in any way or
establishing any form of relationship with
any of the listed Companies on the Service,
or making any decisions whatsoever based on
such claims, information, or Content.
Investing in securities is speculative and
carries a high degree of risk. An investment
in securities could result in the loss of
some or all of any investment made. SCB
is not a broker/dealer, nor does it or any
of its officers or employees act as
investment advisors. Nothing contained on
the Service should be considered an offer or
a solicitation for the purchase or sale of
any security.
SCB may be compensated by companies,
products, services, or other documentation
presented or otherwise profiled on the
Service. SCB is not a registered
investment advisor or a registered
securities broker dealer and SCB does
not undertake or represent to make
investment recommendations or provide advice
pertaining to the purchase or sale of the
securities profiled on the Service or any
other securities. SCB conducts no due
diligence on the profiled Companies or their
securities. Moreover, SCB does not
endorse, independently verify, or assert the
truthfulness or reliability of any
statements, information or Content
whatsoever contained on the Service, or to
which there is a link from the Service,
regarding the profiled Companies or their
securities or any other information or
Content whatsoever. Individuals and any
other entities should not rely solely on the
information contained on the Service when
making an investment decision or any other
decision. Rather, individuals and any other
entities should conduct additional research
that will permit them to form their own
opinions regarding an investment in a
Company's securities or any other
securities. Statements contained on the
Service may be "forward-looking statements"
that involve risks and uncertainties. These
statements may be identified by the use of
terminology such as, but not excluded to:
"believes", "expects", "may", "will",
"should", or "anticipates". These words,
variations of such words, and similar
expressions identify forward-looking
statements, but their absence does not mean
that the statement is not forward-looking.
The cautionary statements appearing above
should be read as being applicable to all
related forward-looking statements wherever
they appear on the Service. The actual
results of a profiled Company's operations,
financial condition, or other aspects of its
business could differ materially from those
discussed on the Service. SCB may
liquidate any securities it may receive or
own at any time it deems appropriate to do
so, either prior to, during, or at any time
after SCB initiates its services for
Company or at which a Company is part of the
Service. In addition, SCB may choose
to purchase securities that are featured or
mentioned on the Service, and thereafter
liquidate the securities at any time it
deems appropriate to do so either prior to,
during, or at any time after SCB
initiates its services for a Company or at
which a Company is part of the Service. SCB
reserves the right to decline certain
companies from profiling on the Service that
do not meet SCB 's criteria. Since SCB
has been compensated in many instances for
its services, investors should evaluate the
information on the Service with that in mind
and should always perform their own
independent analysis.
You agree not to use the Service to:
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upload,
post, email, transmit or otherwise
make available any Content that is
unlawful, harmful, threatening,
abusive, harassing, torturous,
defamatory, vulgar, obscene,
libelous, invasive of another's SCB
privacy, hateful, or racially,
ethnically or otherwise
objectionable;
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harm
minors in any way;
-
impersonate any person or entity,
including, but not limited to, a SCB
official, employee, executive,
agent, representative or partner, or
falsely state or otherwise mis-represent
your affiliation with a person or
entity;
-
forge
headers or otherwise manipulate
identifiers in order to disguise the
origin of any Content transmitted
through the Service;
-
upload,
post, email, transmit or otherwise
make available any Content that you
do not have a right to make
available 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);
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upload,
post, email, transmit or otherwise
make available any Content that
infringes any patent, trademark,
trade secret, copyright or other
proprietary rights ("Rights") of any
party;
-
upload,
post, email, transmit or otherwise
make available any unsolicited or
unauthorized advertising,
promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of
solicitation, except promotion of a
business is acceptable in those
areas that are specifically
designated for promotion of a
business such as a company profile
for a business paying SCB to
have that company profile;
-
upload,
post, email, transmit or otherwise
make available 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;
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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;
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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;
-
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;
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"stalk"
or otherwise harass another; or
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collect
or store personal data about other
users.
You acknowledge
that SCB may or may not SCB e-screen
Content, but that SCB and its
designees shall have the right (but not the
obligation) in their sole discretion to SCB
e-screen, refuse, or move any Content that
is available via the Service. Without
limiting the foregoing, SCB 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 SCB or submitted to
SCB , including without limitation
information and Content in articles, reviews
and stories, and in all other parts of the
Service.
You acknowledge, consent and agree that SCB
may access, preserve, and disclose your
account information and Content if required
to do so by law or in a good faith belief
that such access 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; (d) respond to
your requests for customer service; or (e)
protect the rights, property, or personal
safety of SCB , its users and the public.
You understand that the technical processing
and transmission of the Service, including
your Content or any other Content, may
involve (a) transmissions over various
networks; and (b) changes to conform and
adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software
embodied within the Service may include
security components that permit digital
materials to be protected, and use of these
materials is subject to usage rules set by
SCB and/or content providers who
provide content to the Service. You may not
attempt to override or circumvent any of the
usage rules embedded into the Service. Any
unauthorized reproduction, publication,
further distribution or public exhibition of
the materials provided on the Service, in
whole or in part, is strictly prohibited.
6. International Use
Recognizing the global nature of the
Internet, you agree to comply with all local
rules regarding online conduct and
acceptable Content. Specifically, you agree
to comply with all applicable laws regarding
the transmission of technical data exported
from the United States or the country in
which you reside.
7. Content Submitted or Made Available
for Inclusion on the Service
SCB does not claim ownership of
Content you submit or make available for
inclusion on the Service. However, with
respect to all Content, including but not
limited to photos, graphics, audio, video,
text, and other information and/or forms of
information, that you submit or make
available for inclusion on publicly
accessible areas of the Service, you grant
SCB the world-wide, royalty free,
non-exclusive, perpetual, irrevocable and
fully sub licensable license to use,
distribute, reproduce, modify, duplicate,
adapt, publish, translate, sell, resell,
trade, publicly perform and publicly display
such Content (in whole or in part) and to
incorporate such Content into other works in
any format or medium now known or later
developed. "Publicly accessible" areas of
the Service are those areas of the Service
and of SCB 's network of properties that are
intended by SCB to be available to the
general public. However, publicly accessible
areas of the Service would not include areas
off of the Service or the SCB network
of properties such as portions of World Wide
Web sites that are accessible via hypertext
or other links but are not hosted or served
by SCB .
8. Indemnity
You agree to indemnify and hold SCB , 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,
transmit or make available 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.
9. No Resale of Service
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any
commercial purposes, any portion of the
Service (including your SCB username
and password), use of the Service, or access
to the Service.
10. Use and Storage
You acknowledge that SCB may establish
general practices and limits concerning use
of the Service, including without limitation
the maximum number of days that messages,
resumes, or other uploaded Content will be
retained by the Service, the maximum number
of messages that may be sent from or
received by an account on the Service, the
maximum size of any message that may be sent
from or received by an account on the
Service, the maximum disk space that will be
allotted on SCB 's servers on your behalf,
the maximum size of any Content that may be
uploaded or stored, 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 SCB has
no responsibility or liability for the
deletion or failure to store any messages
and other communications or other Content or
information maintained, uploaded to, or
transmitted by the Service. You acknowledge
that SCB reserves the right to log off
accounts that are inactive for an extended
period of time. You further acknowledge that
SCB reserves the right to modify these
general practices and limits from time to
time without notice to you.
11. Modifications to Service
SCB 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 SCB shall not be liable
to you or to any third party for any
modification, suspension or discontinuance
of the Service.
12. Termination
You agree that SCB may, under certain
circumstances and without prior notice,
immediately terminate your SCB
account, any associated email address, and
access to the Service. Cause for such
termination shall include, but not be
limited to, (a) breaches or violations of
the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement
or other government agencies, (c) a request
by you (self-initiated account deletions),
(d) discontinuance or material modification
to the Service (or any part thereof), (e)
unexpected technical or security issues or
problems, and (f) extended periods of
inactivity. Termination of your SCB
account includes (a) removal of access to
all offerings within the Service, (b)
deletion of your username and password and
all related information, files and content
associated with or inside your account (or
any part thereof), and (c) barring further
use of the Service. Further, you agree that
all terminations for cause shall be made in
SCB 's sole discretion and that SCB
shall not be liable to you or any
third-party for any termination of your
account, any associated email address, or
access to the Service.
13. Advertisers
Your correspondence or business dealings
with, or participation in promotions of, any
and all advertisers, companies, or other
entities found on or through the Service,
including but not limited to, 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, company or other entity. You
agree that SCB 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, company or
other entity on the Service.
14. Links
The Service may provide, or third parties
may provide, links to other World Wide Web
sites or resources. Because SCB has no
control over such sites and resources, you
acknowledge and agree that SCB 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 SCB 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, information,
goods or services available on or through
any such site or resource.
15. SCB '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 in
writing by SCB , 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.
SCB 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 SCB for
use in accessing the Service.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
-
YOUR
USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
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.
-
SCB
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.
-
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.
-
NO
ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM SCB
OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
-
A SMALL
PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR
WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN
IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN SCB IOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE
OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
17.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCB
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF SCB OFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SCB 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.
18. 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.
19. Services Relating to Financial
Matters
If you intend to create or join any service,
receive or request any news, SCB ess
releases, jobs, messages, alerts or other
information from the Service concerning
companies, stock quotes, investments or
securities, please read the above Sections
16 and 17 again, as they are extremely
important 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 or information
included in the Service is intended for
trading or investing purposes. SCB and
its licensors shall not be responsible or
liable for the accuracy, usefulness or
availability of any information transmitted
or made available via the Service, and shall
not be responsible or liable for any trading
or investment decisions made based on such
information.
20. No Third Party Beneficiaries
You agree that, except as otherwise
expressly provided in this TOS, there shall
be no third party beneficiaries to this
Agreement.
21. Refund, Return Policy
You understand and agree to SCB's
refund, return policy. SCB supplies all
products, and services "AS-IS" and does not
offer refunds, returns, or any other form of
reverse purchasing, this includes
charge-backs via PayPal. SCB is a
subscription based membership that can be
canceled manually by you the user member the
payment processor presented on the SCB
website.
22. Notice
SCB may, but in no way is required to,
provide you with notices, including those
regarding changes to the TOS, by either
email, regular mail, or postings on the
Service.
23. Copyrights and Trademarks
All contents of the website SCB and the
Service are Copyright © SCB and/or its
suppliers, trademarks and service marks and
other SCB logos and product and
service names, slogans, and design marks are
trademarks or service marks of SCB. Without
SCB 's prior written permission, you agree
not to display or use in any manner, the SCB
trademarks.
24. General
Entire Agreement. The TOS constitute
the entire agreement between you and SCB
and govern your use of the Service,
superseding any prior agreements between you
and SCB . You also may be subject to
additional terms and conditions that may
apply when you use or purchase certain other
SCB services, affiliate services,
third-party content or third-party software.
Choice of Law and Forum. The TOS and
the relationship between you and SCB
shall be governed by the laws of the State
of Ohio without regard to its conflict of
law provisions. You agree to submit to the
personal and exclusive jurisdiction of the
courts located within the county of Pike,
Ohio.
Waiver and Severability of Terms. The
failure of SCB 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.
No Right of Survivorship and
Non-Transferability. You agree that your
SCB account is non-transferable and
any rights to your SCB username and
password or contents within your account
terminate upon your death. Upon receipt of a
copy of a death certificate, your account
may be terminated and all contents therein
permanently deleted.
Statute of Limitations. 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.
The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
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