| You are therefore responsible for regularly reviewing these TOS and each time you use any tool or service that is provided by this Web Site. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site. Your continued use of the Web Site or the tools and services provided by this Web Site following posting of a change notice or new TOS on the this Web Site will constitute your express and binding acceptance of the changes. 1. TheRightInvestment.com Web Site in General and Claims of Copyright Infringement Use of the tools and services, including all references published herein regarding any tool or service that we lease or sell, are subject to our published Disclaimer which is incorporated by reference as if fully set forth herein. The information published through TheRightInvestment.com is for educational and informational purposes only. TheRightInvestment.com makes no any warranty, actual or implied, as to the quality of the services or tools provided or advertised on therightinvestment.com. THE INFORMATION PRESENTED THROUGH THIS WEB SITE IS NOT INVESTMENT ADVICE, AND IS NOT GIVEN AS INVESTMENT ADVICE. THIS WEB SITE IS INTENDED AS A REFERENCE SOURCE, AND SHALL NOT CONSTITUTE FINANCIAL OR INVESTMENT ADVICE OR FINANIAL RECOMMENDATIONS OR BE CONSIDERED A SUBSTITUTE FOR INDEPENDENT INVESTMENT AND FINANCIAL RESEARCH AND EVALUATION BY A QUALIFIED LICENSED PROFESSIONAL. You agree to bear sole responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. 1.1. Claims of Copyright Infringement: We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent: Service Provider: TheRightInvestment.com. Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel J. Webster Full Address of Designated Agent to Which Notification Should be Sent: PO Box 541071 Omaha, Nebraska 68154 Telephone Number of Designated Agent: 402.657.7477 E-Mail Address of Designated Agent: copyright@TheRightInvestment.com To be effective, the notification must be a written communication that includes the following: A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: a) Your physical or electronic signature; b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which TheRightInvestment.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 2. Use of the Web Site. 2.1. Compliance with TOS and applicable law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Web Site as well as any posted rules or guidelines that we publish on the Web Site or send to you via e-mail, and any such posted rules and guidelines and or e-mail notifications are incorporated by reference as if fully set forth herein into these TOS upon publication or issuance of the same. 2.2. Your License to Use the Web Site. 2.2.1. TheRightInvestment.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the Web Site, except as expressly provided for in these TOS. For example and without limitation, TheRightInvestment.com owns the copyrights in and to the Web Site. You will not acquire any right, title or interest therein under these TOS or otherwise except as set forth herein and any and all licenses or rights to our intellectual property shall be terminated forthwith by our posting of the same on our Web Site or via e-mail communication to you. 2.2.2. TheRightInvestment.com grants you a limited revocable non-transferable license to access and access the Web Site for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by TheRightInvestment.com; to compete with TheRightInvestment.com; to use our content or any element of the content for a commercial use not expressly granted by TheRightInvestment.com in writing; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, TheRightInvestment.com may revoke the license granted to you and such revocation may be issued by sending an email to your last known email address or upon any publication of the same notice upon the Web Site, at our sole discretion. 3. Privacy/Communication. 3.1. Privacy Policy. By entering into these TOS, you agree to TheRightInvestment.com's collection, use and disclosure of your personal information in accordance with the TheRightInvestment.com Privacy Policy available for viewing at www.TheRightInvestment.com/privacy. You agree to review the Privacy Policy each time you visit the Web Site and or before you use any tool or service that this Web Site provides. 3.2. Electronic Communications. When you visit the Web Site or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available regarding any normal business communication that TheRightInvestment.com deems appropriate to send to you. We will communicate with you electronically, by telephone or by facsimile, at our sole discretion. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing and that any use of a TheRightInvestment.com tool or service subsequent to your receipt of any such agreement, notice, disclosure or other communication is your express execution and acceptance of each and every term, condition, and other element contained within the same. 4. Disclaimers and Exclusions. 4.1. DISCLAIMER OF WARRANTIES. THERIGHTINVESTMENT.COM PROVIDES THE WEB SITE ON AN "AS IS", “WHERE IS,” AND "AS AVAILABLE" BASIS. THERIGHTINVESTMENT.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. THERIGHTINVESTMENT.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. The content of this Web Site are intended for educational purposes only as noted herein. Such content is not intended to, and do not, constitute legal, professional, or financial investment advice, and may not be used for such purposes. Always seek the advice of your licensed financial and/or investment counselor with any questions you may have regarding your personal investments or financial issues. You should not act or refrain from acting on the basis of any content included in, or accessible through, this Web Site without seeking the appropriate licensed professional advice on the particular facts and circumstances at issue from a professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. Furthermore, the content provided on this Web Site is not intended to be a substitute for professional financial and or investment advice. 5. Termination. Termination. TheRightInvestment.com may suspend or terminate your use of the Web Site if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. 6. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to TheRightInvestment.com, you must use the physical address provided in the “Contact Us” portion of the Web Site. If TheRightInvestment.com provides notice to you, TheRightInvestment.com will use the contact information provided by you to TheRightInvestment.com. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. 7. Jurisdiction/Arbitration This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Nebraska, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section. 8. Miscellaneous. These TOS will not be assignable or transferable by you without the prior written consent of TheRightInvestment.com. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. 9. Automatic Viewing or Usage of this Web Site You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Web Site. You may not engage in denial of service attacks upon the servers that publish this Web Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Web Site. 10. Links to Third Party Sites We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites. 11. Foreign Usage We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). 12. Copyright Notice COPYRIGHT NOTICE: This website and its content is copyright of InterAnalyst, LLC © 2009. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for your personal and non-commercial use only You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Web Site or other form of electronic retrieval system. |