Doubleagent.com web site, including the Double Agent newsletter and Double Agent dedicated e-mails, (the "Web Site"), is provided by Double Agent and/or its affiliates (the "Company"). This web page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please review this Agreement carefully. By accessing and using the Web Site and its services, you indicate you accept and agree to be bound, without limitation or qualification, by these Terms. The Company may, at its sole discretion, revise, modify, or otherwise update these Terms at any time by updating this web page. You are bound by any modification or revision and should therefore check this page periodically to review the Terms. If you do not accept any of the Terms stated here, please do not use the Web Site or its services. The Company retains the right to deny access to parts or the entire Web Site without notice or liability to anyone at its complete discretion for any reason.
You must be eighteen years or older to access the Web Site. If you are eighteen or older, the Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. IF YOU ARE UNDER EIGHTEEN, YOU ARE NOT AUTHORIZED TO USE THE WEB SITE.
The contents of the Web Site, including, but not limited to articles, photographs, images, illustrations, audio clips, and video clips contained therein, (the "Material") are protected by copyright under both United States and foreign laws and are owned or controlled by Double Agent, LLC, the Company, or third parties that have licensed the party credited as the provider of the material. The entire contents of the Web Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement, and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any Material. No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except for the one copy of the Material which you may download on any single computer for your personal, noncommercial home use. You acknowledge that you do not acquire any ownership rights by downloading or printing the Material. Modification of the Materials or use of the Materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any Material on any other web site or networked computer environment is prohibited.
The trademarks, logos, and service marks (the "Marks") displayed on the Web Site are owned by the Company or the other designated third party owner of a posted mark. You are prohibited from use of the Marks without the express, written permission of the Company or such third party.
The Web Site may include polls, chat areas, message boards, e-mail, and other interactive functions ("Forums") that allow feedback and submissions to the Company and real-time interaction between users. Only registered users who have expressly indicated their agreement to these Terms may use any of these Forums. Registration consists of identifying oneself, giving a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the user's acceptance of these Terms. Terms directly applicable to use of such Forums include the following:
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications, or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums ("Content") are your sole responsibility. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via the Forums.
- The Company does not endorse or control the Content delivered to the Web Site, and the Company has no obligation to monitor such Content. As such, the Company does not guarantee the accuracy, integrity, or quality of any such Content. Any reliance on material posted by other users will be at your own risk. Notwithstanding the foregoing, the Company reserves the right (but not the obligation) in its sole discretion to edit, refuse to post, or to delete any Content, in whole or in part, that is in violation of these Terms or that it deems to be objectionable or unacceptable for any reason whatsoever.
- The Company further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation, or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of the Company, its users, and the public.
- You understand that by using the Web Site, including its Forums, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will the Company 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, e- mailed, or otherwise transmitted via the Web Site, including its Forums.
- It is a condition of your access and use of the Web Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Web Site;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an employee or representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of the Web Site;
- Upload, post, e-mail, or otherwise distribute, publish, or transmit on the Web Site any Content that you do not have a right to transmit 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);
- Upload, post, e-mail or otherwise distribute, publish or transmit on the Web Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law;
- Upload, post, e-mail, or otherwise distribute, publish, or transmit on the Web Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- Upload, post, e-mail, or otherwise distribute, publish or transmit on the Web Site any information, software or other material which contains a virus 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, or any other harmful component; or
- Upload, post, e-mail, or otherwise distribute, publish or transmit on the Web Site or in any way exploit any information, software, or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, or marketing for goods or services;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Web Site or servers or networks serving the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site;
- 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;
- "Stalk" or otherwise harass another user; or
- Collect or store personal data about other users.
- By posting or submitting any materials (including, but not limited to, any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts, or ideas, and suggestions for improving or changing existing content) to the Web Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a royalty-free, nonexclusive, perpetual, and irrevocable right and license to use, reproduce, modify, publish, and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
- You warrant that any materials you upload, post, e-mail, or otherwise distribute, publish, or transmit on the Web Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national, or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane, or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret, or other proprietary right, or derivative rights with respect thereto.
The purchase of any products from the Web Site is governed by the terms and conditions of the sales transaction with the provider of the product. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Company does not have any responsibility for the processing or delivery of products purchased from the Web Site.
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated.
- You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that the Company, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
- You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of the Company.
- You shall notify the Company at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
- You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your the Company account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Company's sole discretion, and the Company may refer you to appropriate law enforcement agencies.
Any software that is made available to download from the Web Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, or otherwise disassemble the Software. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from the Web Site is further subject to United States export controls. No software from the Web Site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Software.
The Web Site may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of Third Party Sites. The Company has not reviewed all of the Third Party Sites linked to the Web Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. If you decide to access Third Party Sites, you do so at your own risk and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
Your access to and use of the Web Site is at your sole risk. Some material on the Web Site is provided by third parties. You expressly agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties. If you are dissatisfied with any of the material contained in the Web Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Web Site.
THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPLETENESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
You hereby agree to indemnify, defend, and hold harmless Double Agent, LLC, the Company, and all of their officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (all of the foregoing, collectively, the "Indemnified Parties") from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by the Company and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms (including, but not limited to, your obligations, representations, and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Web Site. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, the Company may edit, refuse to post, or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of the Web Site, that you have granted (or warranted that the owner of such rights has expressly granted) to the Company a royalty-free, nonexclusive, perpetual, and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you post or incorporate such Content into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, you hereby agree that if you unsuccessfully prosecute a claim against the Company and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse, to post, or to delete any Content that you post, to terminate or suspend your access to all or part of the Web Site, to use its royalty-free, nonexclusive, perpetual, and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you post, or seek to recover for violation of your moral rights, you agree to reimburse the Company and/or the Indemnified Parties for all costs of defending any such claim, including, but not limited to, any legal or other professional fees.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTY MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSES OF ANY KIND OR CHARACTER) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOTE THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Web Site is controlled and operated by the Company from its headquarters in New York City, New York, United States of America. The Company makes no representation that the Web Site and the Materials are appropriate for any particular purpose or audience or that they may be downloaded for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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. These Terms, together with any other terms, conditions, or policies set forth elsewhere in the Web Site, constitute the entire agreement between you and the Company in connection with your access and use of the Web Site and its services.
The Company may, in its sole discretion, terminate, or suspend your access to all or part of the Web Site for any reason, including, without limitation, failure to comply with any of these Terms. Upon termination, you must destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Web Site, and the restrictions imposed on you with respect to materials downloaded from the Web Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.