1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
InvestorHives.com provides users with access to a collection of resources (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for InvestorHives.com to provide the Service. You also understand and agree that the Service may include certain communications from InvestorHives.com, such as service announcements and administrative messages, and that these communications are considered part of InvestorHives.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new InvestorHives.com properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that InvestorHives.com assumes no responsibility for timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. 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.
3. YOUR 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 agree to provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); you also agree to maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if InvestorHives.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InvestorHives.com 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).
At InvestorHives.com we recognize that privacy is important. This Policy applies to all of the products, services and websites offered by InvestorHives.com or any affiliated companies (collectively, InvestorHives.com's "services"). In addition, in such cases when more detailed information is needed to explain our privacy practices, we may post separate privacy notices to describe how particular services process personal information, which are accessible from the navigation bar to the left of this notice.
If you have any questions about this Policy, please feel free to contact us through our website.
Choices for personal information. When you sign up for our service, we require registration and ask you to provide personal information. If we wish to use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to any such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy unless we have obtained your prior consent.
Information security. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
We restrict access to personal information to InvestorHives.com employees, contractors and agents who need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Data integrity. InvestorHives.com processes personal information only for the purposes for which it was collected and in accordance with this Policy. We review our data collection, storage and processing practices to ensure that we only collect, store, and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and updating personal information. When you use InvestorHives.com services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify InvestorHives.com of any unauthorized use of your password or account or any other breach of security; you also agree to ensure that you exit from your account at the end of each session. InvestorHives.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not InvestorHives.com, are entirely responsible for all Content that you, either personally or through an agent, upload, post, email, transmit or otherwise make available via the Service. InvestorHives.com 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 InvestorHives.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another' privacy, hateful, or racially, ethnically or otherwise objectionable
b. harm minors in any way
c. impersonate any person or entity, including, but not limited to, a InvestorHives.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
e. 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, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
f. 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
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing," or any other form of solicitation
h. 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
i. 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
j. 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
k. 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
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that InvestorHives.com may or may not pre-screen Content, but that InvestorHives.com and its designees, successors, and assigns shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or delete any Content that is available via the Service. Without limiting the foregoing, InvestorHives.com and its designees shall have the right to remove any Content that violates the TOU 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 InvestorHives.com or submitted to InvestorHives.com, including without limitation information in InvestorHives.com Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that InvestorHives.com 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 TOU
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 InvestorHives.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve both transmissions over various networks and 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 that use of these materials is subject to usage rules set by InvestorHives.com 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.
7. INTERSTATE NATURE OF COMMUNICATIONS ON INVESTORHIVES.COM
8. SPECIAL ADMONITIONS FOR 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.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
InvestorHives.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant InvestorHives.com a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service.
You agree to indemnify and hold InvestorHives.com and its subsidiaries, affiliates, officers, agents, employees, partners, licensors, successors, and assigns 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 otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
InvestorHives.com acts as a venue for entertainment purposes. InvestorHives.com does not edit, modify, filter, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of any discussion. Because we are a venue, in the event that you have a dispute with one or more users, you release InvestorHives.com (and our officers, directors, agents, parents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. 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 InvestorHives.com ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that InvestorHives.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained, the maximum number of 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 InvestorHives.com'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 InvestorHives.com has no responsibility or liability for the deletion or failure to store any messages and other communications or any other Content maintained or transmitted by the Service. You acknowledge that InvestorHives.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that InvestorHives.com reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
InvestorHives.com 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 InvestorHives.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that InvestorHives.com may, under certain circumstances and without prior notice, immediately terminate your InvestorHives.com account and access to the Service. Cause for such termination shall include, but not be limited to:
a. breaches or violations of the TOU 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
f. extended periods of inactivity
g. engagement by you in fraudulent or illegal activities, and/or
h. nonpayment of any fees owed by you in connection with the Services.
Termination of your InvestorHives.com account includes:
a. removal of access to all offerings within the Service
b. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
c. barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in InvestorHives.com's sole discretion and that InvestorHives.com 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.
16. 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 InvestorHives.com 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because InvestorHives.com has no control over such sites and resources, you acknowledge and agree that InvestorHives.com 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 InvestorHives.com 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.
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. INVESTORHIVES.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS EXPRESSLY DISCLAIM 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. INVESTORHIVES.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS MAKE 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 ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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 INVESTORHIVES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
e. 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 PRIOR 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.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INVESTORHIVES.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS 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 PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INVESTORHIVES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE SERVICE
b. 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
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
e. ANY OTHER MATTER RELATING TO THE SERVICE.
20. WAIVER FOR CALIFORNIA RESIDENTS
If you are a California resident, you expressly and explicitly waive California Civil Code 1542, which states:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"
21. 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 SECTION 18 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
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 18 and 19 again. They apply 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. InvestorHives.com 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 based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
InvestorHives.com may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Service.
25. GENERAL INFORMATION
Entire Agreement. The TOU constitutes the entire agreement between you and InvestorHives.com and governs your use of the Service, superseding any prior agreements between you and InvestorHives.com with respect to the Service.
Choice of Law and Forum. The TOU and the relationship between you and InvestorHives.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and InvestorHives.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of InvestorHives.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your InvestorHives.com account is non-transferable and any rights to your InvestorHives.com ID 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
You must report any known violations of the TOU to InvestorHives.com.
27. ADDITIONAL DISCLAIMER AND WARNING
The Securities Exchange Commission has expressed concerns that the stock price for companies with small market capitalization (also known as "small cap", "micro cap" or "penny" stocks) may be particularly susceptible to manipulation. Therefore, you should carefully evaluate the information posted by other members about such stocks.
28. AGE RESTRICTION
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OUR SITE AND/OR USE OUR SERVICE
InvestorHives.com sites, products and services are not intended for an audience of persons under the age of 18. By accessing our site and/or using our service, you certify that you are at least 18 (eighteen) years of age and you represent and warrant that you have the right, authority and capacity to enter into this User Agreement and to abide by all of the terms and conditions of this User Agreement.
29. THE TERM "USER" DEFINED
When appearing in this User Agreement, the term "USER" includes REGISTERED MEMBERS as well as AUTHORIZED & UNAUTHORIZED NON-MEMBERS.
30. CONSENT TO DISCLOSURE FOR LAW ENFORCEMENT & OTHER PURPOSES
You acknowledge, consent and agree that InvestorHives.com 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
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 InvestorHives.com, its users and the public.
InvestorHives.com and its affiliates, partners, licensors, successors, and assigns reserve the right to charge fees (the "Fees") for use of this site and products and services made available through this site. In the event InvestorHives.com and its affiliates, partners, licensors, successors, and assigns charge Fees, the Fees may change from time to time with or without notice. Your continued use of InvestorHives.com after InvestorHives.com or any affiliated service sends notice of such Fee changes shall constitute your agreement to pay the revised Fees charged by InvestorHives.com and its affiliates.
You hereby agree to pay all costs (including reasonable attorneys' fees) incurred by InvestorHives.com and its affiliates in order to collect any overdue Fees owed by you to InvestorHives.com or its affiliates. You also hereby agree to pay any Fees that may be assessed against you by InvestorHives.com or its affiliates in connection with any products, services or information ordered by you through this site.
Last updated on December 2006