CML SOCIAL MEDIA PLATFORM
Only CML subscribers in good standing are eligible to access and use this Site. If you are not eligible, or do not agree to the terms and conditions of this Agreement, you are not permitted to use access or use this Site.
As used in this Agreement, the following terms shall have the following meanings:
- “CML” or the “Company” means Capital Market Laboratories and its members, officers, employees, and agents.
- “CML Content” means all information, materials, Services and other Content available on or through the Site, other than User Content.
- “Content” means the information, materials, services, and other content available on or through the Site. Content includes both CML Content and User Content.
- “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, artwork, goodwill, trade secret rights, end-user interface elements, APIs, source code, calculations, and algorithms and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- “Services” : All websites, tools, APIs, data, calculations, derived data, applications, articles, emails, and all other communications and information provided by the Company to its subscribers.
- “Site” means this interactive computer service.
- “User” means you and the other CML subscribers who access or use the Site.
- “User Content” means Content that has been posted to the Site by you or another User.
- “You” means not only you, but if your subscription is in the name of a company, organization, or other legal entity, then the term "you" includes both you and that entity. By accessing this Site, you represent and warrant that you are authorized to bind the entity to this Agreement, and you agree on behalf of the entity that the entity is bound by the terms of this Agreement.
USE OF THE SERVICE
In consideration of your agreeing to be bound by the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use this Site, subject to the terms and conditions of this Agreement:
You are permitted to use the Site and Content for your personal, non-commercial use only. The Site and all CML Content, including, without limitation, CML Intellectual Property are and shall remain the property of the Company, protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights and laws. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s Intellectual Property without the Company’s express prior written consent.
You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any CML Content.
All trademarks and service marks on the Site that are not CML Intellectual Property are the property of their respective owners. Any use of such Intellectual Property by you is subject to the rights of the owners of that Intellectual Property.
The Company make no representations or warranties about the accuracy or completeness of the Content contained on this Site.
The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, posts, sends, or otherwise makes available on the Site. You agree and acknowledge that you are solely responsible for all Content that you share, save, submit, publish, display, disseminate or otherwise communicate through the Site, and for the consequences of making it available on the Site. You further agree that the Company is acting as a passive conduit for your online distribution and publication of your User Content.
You acknowledge and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
While the Company tries to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site or Content is or remains secure, complete or correct, or that access to the Site or Content will be uninterrupted or error free. The Site and Content may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or Content.
If you become aware of any unauthorized third party alteration to the Site or Content, contact the Company at email@example.com with a description of the material(s) at issue.
Your license to access and use the Site is conditioned upon your compliance with the following:
You must be a subscriber of the Company’s Services in good standing. To remain in good standing, you are forbidden from engaging in any of the following prohibited activities:
- You may not create any automated processes, programs, or “bots” that access the Services without the prior express written permission from an officer of the Company.
- You may not resell or redistribute any portion of the Services, or any Content, without the prior express written permission from an officer of the Company
- You may not attempt to use the Services in order to create any similar or possibly competitive products. You may not use the code or any other resources to try to reverse engineer methods, algorithms, processes, etc.
- You are forbidden from using any vulgar, violent or otherwise threatening language when addressing the company’s support staff via email, phone or any other form of communication.
You agree not to let anyone else have access to your username and password. You will protect and keep private this information with all reasonable precautions, and will notify CML promptly if you have any reason to think this information is no longer private. In the event of intentionally sharing of your username and password, you agree to pay the associated subscription fees for each additional user accessing your account or accessing the Site through the use of your account information.
You agree not to engage in any of the following activities relating to your use of the Site:
- Use the Site or Content for any fraudulent or unlawful purpose;
- Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies or regulations of such networks;
- Restrict or inhibit any other person from using the Site or Content (including without limitation by hacking or defacing any portion of the Site or Content);
- Use the Site or Content to advertise or offer to sell or buy any goods or services, or to engage in any other commercial solicitation purposes;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content;
- Modify, adapt, reverse engineer, de-compile/disassemble any part of the Site or Content;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site or Content;
- Create a database by systematically downloading and storing Content;
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent;
- Upload any invalid data, viruses, worms, or other software agents through the Site;
- Collect or harvest any personally identifiable information, including account names, from the Site; or
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity, or otherwise attempt to hide your identity;
- Use the Site to harass, insult or denigrate any other User or any other person; or
- Use the Site to discuss politics, political parties or politicians.
If you become aware of any other User engaging in prohibited activities, contact the Company at firstname.lastname@example.org with a description prohibited activity.
Your license to access and use the Site is conditioned upon your agreement not to create, submit, provide or otherwise make available on the Site any User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that you know is not correct and current; or
- violates any school or other applicable policy, including those related to cheating or ethics.
You further agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights or rights of privacy.
The Company reserves the right, but is not obligated, to reject and/or remove any User Content that the Company believes, in its sole discretion, violates any of these provisions. If we ask you to cease and desist from sharing any Content on the Site, you agree to comply with such request immediately.
If you become aware of any Content that violates any of these provisions, contact the Company at email@example.com with a description prohibited Content.
Third Party Links
Any links provided to other sites are offered as a matter of convenience and in no way are meant to imply that the Company endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorse any information contained on those sites.
When you select a link to another site, you will be leaving the Company Site. Because the Company has no control over such sites or their content, the Company is not responsible for the availability of such external sites or their content, and the Company does not adopt, endorse or nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources.
The Site is controlled and operated by the Company from the United States, and is not intended to subject the Company to the laws or jurisdiction of any country or territory other than that of the United States. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. If you use the Service from outside the United States, you are solely responsible for compliance with all applicable laws.
You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. All Content and Services are solely directed to individuals, companies, or other entities located in the United States.
NO PROFESSIONAL ADVICE
The Company’s Services are not a substitute for obtaining professional advice from a qualified person, firm or corporation. You should consult with the appropriate professional advisor for more complete and current information and advice. The Company does not engage in rendering any legal or professional services or advice by placing these general informational materials, tools, links, applications and other Content on this or any other website, or by transmitting emails to its subscribers.
The Content on the Site, whether CML Content or User Content, is for informational purposes only; you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on the Site constitutes a solicitation, recommendation, endorsement, or offer by the Company to buy or sell any securities or other financial instruments.
The Company owes no fiduciary duties to any User or subscriber. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold the Company or any of its affiliates liable for any possible claim for damages arising from any decision you make based on the Company’s Services or Content made available to you through the Site.
By accessing and using the Site and Content, you agree to indemnify, defend and hold harmless the Company (specifically including its officers, directors, owners, partners, employees, agents, information providers, licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (i) any User Content that is submitted via your account, including, without limitation, misleading, false, or inaccurate Content; (ii) your breach (or claim, that if true, would be a breach) of any provision of this Agreement; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; any (v) any other party’s access and use of the Site or Services using your username, password or other security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
SITE AND CONTENT NOT WARRANTED
YOU HEREBY AGREE THAT YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING THE SITE AND CONTENT.
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON THE SITE. THE COMPANY AND ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY A USER THROUGH THE SITE OR A HYPERLINKED WEBSITE OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR OTHER SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL USER CONTENT OR CONDUCT OF ANY THIRD PARTY.
THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Modification to Terms of Service and Pricing
The Company reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Services (or any part thereof) with or without notice. Prices of the Services, including but not limited to subscription plan fees of the Services, are subject to change. The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
Modifications to the Site
The Company may, without prior notice, modify the Site; discontinue the Site, create usage limitations or alter or discontinue features of the Site, to you or to Users generally. The Company may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
Modifications to this Agreement
The Company may, in its sole discretion, modify or update this Agreement from time to time, by posting revisions on this Site. Your continued use of the Site after any such change constitutes your acceptance of any such modifications. If you do not agree to any of the provisions in this Agreement, or any future modifications of this Agreement, do not use or access (or continue to access) this Site.
The Company, in its sole discretion, may terminate your access to or use of the Site and Content, at any time and for any reason. The Company shall not be liable to you or any third party for any termination of your access to the Site or Content, and shall not be required to make any Content available to you after any such termination. Any such termination notwithstanding, you will remain bound by the terms of this Agreement.
Notices and Affirmations
You agree to be bound by any affirmation, assent or agreement that you transmit on or through the Site or any other aspect of the Company’s Services that you access by computer or other electronic device, including internet, telephonic and wireless devices. You agree that, when in the future you click on a “Submit” or “I agree” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
This Agreement shall be governed by California law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.