Terms and Conditions of Use PDF Print E-mail
Written by Emerging Issuer   
Monday | 14 August 2006

Welcome to emergingissuer.com – where potential is noticed, an online financial destination where money managers, analysts and individual investors can go watch and discover new and exciting investment opportunities. Emerging Issuer is owned and managed by Atkinson Marek Group, Incorporated and owns this website, located at http://emergingissuer.com as well as online services that include, but are not limited to, our E-mail newsletters, our archives, and our premium online content. This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the website. By accessing and using the website, you are indicating that you agree to be bound by the terms and conditions of this Agreement. In addition, you must read these Terms of Use Agreement and indicate your acceptance by following the instructions in the Registration page, and checking the box labeled "Accept Terms and Conditions of Use."

These Agreement sets out the legally binding terms of your use of the Website (whether or not you become member) and may be modified by us at any time and from time to time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website after the posting of any such modification will constitute your acceptance to that modification.

1. Eligibility. You must be eighteen or over to register and to use the Website. Use of the Website and registration are void where prohibited. By acceptance of these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to accept the terms and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Website. We may terminate your account for any reason, at any time. Even after account is terminated, certain sections of this Agreement will remain in effect. See Section 15 below for a list of the provisions of this Agreement that will survive the termination of your membership.

3. Non-Commercial Use by Emerging Issuer. The Service and the Website are for the personal use of individual members only and may not be used in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Emerging Issuer for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Emerging issuer profile or other content uploaded on the Website for the purpose of extracting such information or other content.

4. Proprietary Rights in Content.
a. Rights in Content Posted by Emerging Issuer. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links, trademarks, and other proprietary information of Emerging Issuer, and our licensors. Except for any information which is In the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.

b. Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm.

c. Member Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, fictional character, or real individual who is not you. You are solely responsible for the identity that you use on the website.

5. Further Restrictions on Your Use of the Website and the Service.
a. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.

b. Although Emerging Issuer cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without the prior explicit consent of Emerging Issuer.

6. Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by emerging issuer.

b. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.

7. Limitations on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.

8. Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of British Columbia without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Vancouver, BC for the resolution of any such dispute.

9. Indemnity. You agree to indemnify and hold Emerging Issuer, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Website or the Service in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.

10. No Agency. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us or between us.

11. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 4 (Proprietary Rights in Content), Section 8 (Member Disputes), Section 7 (Limitation on Liability), Section 9 (Indemnity), Section 11 (Survival), and Section 12 (Other).

12. Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, and any notices regarding the Website or the Service sent to you or posted on the Website, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this agreement.
Last Updated ( Wednesday | 11 October 2006 )