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Terms of Service

 

Bond Squawk Community Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to BondSquawk. BondSquawk seeks to create and encourage an on-line community that can be used and enjoyed by all who sign up. Your use of the Service is subject to these Terms of Service (“TOS”). BondSquawk reserves the right to update and change the TOS from time to time without notice or acceptance by you. By using the Service, you (“You, “Your”, “The User”) signify your irrevocable acceptance of this TOS.

2. DESCRIPTION OF SERVICE

BondSquawk’s Service provides you with access to a collection of resources, including various communications tools, forums and personalized content.

The Service shall be provided to you free of charge. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BondSquawk to provide the Service. You also understand and agree that the service may include certain communications from BondSquawk, such as service announcements and administrative messages, and that these communications are considered part of BondSquawk membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new BondSquawk properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by BondSquawk for use in accessing the Service.

3. REGISTRATION

In order to use certain parts of the Service, you must have a valid Facebook, Twitter, Google, or Yahoo login. If you do not have a valid login from one of these service providers, to register you will be requested to create a username, password, to provide your first and last name as well as a valid email address with one of these service providers.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BondSquawk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BondSquawk shall not be liable for any loss or damage arising from your failure to comply with this Section 3. You also agree to provide true, accurate and complete information about yourself as prompted by the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete, or BondSquawk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BondSquawk 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). Users under 13 years of age are required to have a parent or guardian review and complete the registration process.

4. CANCELLATION AND TERMINATION

You may cancel your registration with or without cause at any time and effective immediately by sending us an email request at cancel@bondsquawk.com. After cancellation, you will no longer have access to your Site and all information contained therein may be deleted by BondSquawk. BondSquawk shall not accept any liability for such deleted information or content. You agree that BondSquawk, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack of use, or if BondSquawk believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Site (as applicable) and all its parts, at BondSquawk’s discretion, will be terminated as well. BondSquawk may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BondSquawk apart may immediately deactivate or delete your submissions, as applicable, and all related information and files. BondSquawk reserves the right to bar any further access to such files or the Service. You agree that BondSquawk shall not be liable to you or any third-party for any termination of your access to the Service.

5. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

You are responsible for maintaining the security of your account and Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site, including those of your Guests. You agree to immediately notify BondSquawk of any unauthorized uses of the account or any other breaches of security. BondSquawk cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will BondSquawk be liable, in any way, for any acts or omissions by a Registered User or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

6. Affiliates

BondSquawk is owned by iTB Holdings Inc. which also owns iTB Securities LLC, a member of SIPC/FINRA.

By using the Service, you expressly agree and acknowledge that iTB Holdings Inc. and its subsidiary, iTB Securities LLC, are separate legal entities. iTB Holdings Inc., which maintains the BondSquawk.com portal, is not a registered broker-dealer. You further expressly acknowledge and agree that iTB Securities LLC is not responsible for content posted to BondSquawk.com by iTB Holdings Inc. or any registered or unregistered users.

7. CONTENT AND CONDUCT RULES AND OBLIGATIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, not BondSquawk, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. BondSquawk does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or availability of such Content.

You understand that the content or any information included or posted to the service is provided for informational and/or entertainment purposes only, and does not constitute a recommendation by BondSquawk and/or its service and information providers to enter in any of the securities transactions or to engage in any of the investment strategies presented in such content or information. You understand that the Content may contain opinions from time to time with regard to securities and/or investment strategies, and that opinions in one section of the Content may be different from those in another section of the Content. You understand and agree that, although BondSquawk requires all employees not to express any opinion with regard to securities and/or investment strategies, other registered users may write about securities and/or investment strategies in which they or their affiliates have a position, and that they may trade for their own account. You understand and agree that at the time of any transaction that you make, one or more registered users or their affiliates may have a position in the securities written about. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, reference may be made in the Content to previously published Content. These references may be selective, may reference only a portion of the previously published Content, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. All Content is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. You acknowledge that BondSquawk does not make recommendations or offer investment advice. You alone are responsible for evaluating the merits and risks associated with the use of BondSquawk systems, services or products. You understand that all investments involve risk, losses may exceed the principal invested, and the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BondSquawk 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, transmitted or otherwise made available via the Service. You acknowledge that BondSquawk does not pre-screen any Content, but that BondSquawk and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, BondSquawk and its designees shall have the right to remove any Content that violates the TOS 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, availability or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to BondSquawk. You acknowledge and agree that BondSquawk may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BondSquawk, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in BondSquawk’s sole discretion as to what action should be taken. You agree that you will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, an official BondSquawk forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a 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 or otherwise transmit 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);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or “spam” (including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as  sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical);

(h) upload, post or otherwise transmit 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;

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;

(j) 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;

(k) “stalk” or otherwise harass another;

(l) collect or store personal data about other users of the Service;

(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices);

n) promote, offer for sale or sell

-any security, financial or investment product or service;

-item, good or service that violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) BondSquawk or the Service and Information Providers determine, in their sole discretion, is inappropriate for sale;

(o) use the Forums as a forwarding service to another website.

(p) When discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security.

If any user is reported to be in violation with the letter or spirit of these terms, BondSquawk retains the right to terminate such account at any time without further warning.

8. ADDITIONAL SOFTWARE

With respect to any additional software that may be made available by BondSquawk in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.

9. 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.

10. CONTENT SUBMITTED

By submitting Content to BondSquawk, you grant BondSquawk a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the Content on BondSquawk’s Internet properties. Unless you specify otherwise, by submitting Content to BondSquawk, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. Amongst other things, you permit RSS aggregators to copy, distribute, display and perform any Content you submit that you syndicate using RSS. All Content is syndicated for RSS aggregation. If you prefer to offer your Content on more restrictive terms, you may label your submission with a full copyright notice, i.e., your name, the word “copyright” or symbol “©” and the year of first publication.

11. 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 BondSquawk 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.

12. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BondSquawk does not have any control over such sites and resources, you acknowledge and agree that BondSquawk 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 BondSquawk 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.

13. INDEMNITY

You agree to indemnify and hold BondSquawk and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and shareholders, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or the infringement or violation by you of any intellectual property or other rights of any person or entity, whether you are a registered user or not. The User is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

14. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by BondSquawk.

15. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BondSquawk may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

16. MODIFICATIONS TO SERVICE

BondSquawk 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 at any time. You agree that BondSquawk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BondSquawk or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. BondSquawk does not want to receive any confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized representative of BondSquawk, any material, information or idea you transmit to BondSquawk by any means may be disseminated or used by BondSquawk, or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

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. BONDSQUAWK EXPRESSLY DISCLAIMS 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) BONDSQUAWK WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, BONDSQUAWK IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE OR FAILURE TO PROPERLY PROTECT YOUR LOG IN INFORMATION, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. BONDSQUAWK DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC 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 DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BONDSQUAWK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BONDSQUAWK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:  THE USE OR THE INABILITY TO USE THE SERVICE; (II) 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; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

20. 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 SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of BondSquawk’s proprietary rights in them, as applicable.

22. GENERAL

(a) Notices to you may be made via either email or regular mail.

(b) The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

(c) The TOS and the relationship between you and BondSquawk shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

(d) You and BondSquawk agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York

(e) The failure of BondSquawk to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

(f) The TOS constitutes the entire agreement between you and BondSquawk and govern your use of the Service, superseding any prior agreements between you and BondSquawk (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other BondSquawk services, third-party content or third-party software.

(g) If any provisions of the TOS or incorporated documents are 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 TOS remain in full force and effect.

(h) 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

Please report any violations of the TOS to BondSquawk by sending an e-mail to info@BondSquawk.com.

Date: 2/24/10

 
 
 
 
 
 
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