POSTING TERMS
This site (the "Site") is owned and operated by Marc J. Lane Investment Management, Inc. (“MJLIM”) for your personal information, education and communication. Content posted on the Site is subject to the following terms and conditions ("Posting Terms") and all applicable laws set forth in this agreement (“Agreement”). When you submit your subscriber application, you accept, without limitation or qualification, the following terms and conditions.
1. You are at least eighteen years old and you are a legal resident of the United States.
2. You will not post content on the Site that:
a. does not generally relate to the Site’s subject matter;
b. invites, induces or encourages any person or entity to make a financial or investment decision;
c. is defamatory, disparaging, libelous, confidential or invasive of one’s privacy;
d. is fraudulent, misleading, deceptive or is likely to mislead or deceive;
e. is derogatory, harassing, abusive, threatening or intended to attack another person or group;
f. infringes on copyright, trademark or other intellectual property rights;
g. is vulgar, sexually explicit, profane or otherwise obscene;
h. is advertising, junk mail, spam, or an offer to trade goods or services;
i. transmits viruses, corrupted files or other harmful files; or
j. violates any applicable local, state or federal laws.
3. You agree not to post more then twenty (20) messages on the Site in a twenty-four hour period. You also agree to the Site’s Terms of Use, a copy of which is available on the Site.
4. You agree that all of the information set forth in your subscriber application is true and correct. If any of the information changes while you are a subscriber, you must contact MJLIM in writing immediately. You agree that you are responsible for all content posted under your password and activity conducted using your password. If you lose your password or believe that there is unauthorized use of your password, you must notify MJLIM in writing immediately.
5. You agree not to impersonate any person or entity when posting content on the Site. You agree not to use any password to access the Site other than the password that is issued to you by MJLIM in response to a valid subscriber application. You agree not to forge or manipulate electronic identifiers or otherwise disguise the origin of content posted on the Site. You also agree not to interfere with or disrupt the operation, content and accessibility of the Site, its servers and networks.
6. You agree to indemnify, defend and hold harmless, at your sole expense, MJLIM, its subsidiaries and affiliates, officers, directors, employees, partners and agents from any claim or action brought by a third-party against MJLIM relating to (a) content that you post on the Site, (b) content that is posted on the Site using your password, (c) your use of the Site, and (d) your breach of the Posting Terms or Terms of Use.
7. You acknowledge that the content that you post on the Site shall not be deemed confidential or privileged. Information transmitted by the Site may be accessed by third parties and MJLIM will not be liable for any such unauthorized disclosure. By posting content on the Site, you automatically grant to MJLIM a royalty-free right and license to use all such content on the Site and for all purposes related to the Site. MJLIM may, at its discretion, use third-party service providers to administer Web servers and to store such information on back-up disks, and a service provider may without MJLIM’s knowledge permit an unauthorized third-party to do so on its behalf.
8. You acknowledge that MJLIM reserves the right to remove any content posted on the Site, restrict access to the Site, reject, cancel or suspend any subscriber account. These decisions will be made by MJLIM in its sole discretion.
9. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and MJLIM.
10. Your use and posting of content on the Site is at your own risk. MJLIM assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, posting to or browsing in the Site or your downloading of any material from the Site. MJLIM assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any material from the Site. MJLIM makes no representations or warranties that the Site will be provided uninterrupted or free from all bugs, errors or omissions.
11. EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE REGARDING SUITABILITY OF THE INFORMATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OF THE CONTENT, SERVICES AND/OR OTHER PRODUCTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER MJLIM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.
Some states or jurisdictions do not allow the exclusions of incidental, consequential or special damages, so the above exclusions may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This Agreement gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
12. This Agreement is effective until terminated by either party. Either party may terminate this Agreement at any time by providing written notice to the other party. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
13. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law. All disputes related to this Agreement shall be heard in a state or federal court in Chicago, Illinois. You agree to the personal jurisdiction and venue of these courts for any action relating to this Agreement.
14. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
15. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior agreements or negotiations with respect to the subject matter hereof.
16. This Site is controlled and operated by MJLIM, from its offices within the State of Illinois, United States of America.
17. Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.
18. MJLIM may at any time revise the Posting Terms, Terms of Use, or Privacy Policy by updating the posting. You are bound by any such revisions and should therefore review such information every time you visit the Site.
Last Updated: December 4, 2006