|Please read the following carefully before using this site|
|AGREEMENT FOR ACCESS TO WEBSITE|
AND USE OF CONTENT
Value Investor Media, Inc. ("VIM," "we" and "us") offers you access to our Internet website (the "Site") and to view the Value Investor Insight newsletter, Value Investor Insight Bonus e-mails, SuperInvestor Insight newsletter and all other information, documents, research reports, data and investment judgments expressed on the Site (collectively the "Content"), subject to the "Terms and Conditions" set forth below which shall govern your access to the Site and use of the Content. By your accessing the Site, you are signifying your acceptance of our Terms and Conditions and your agreement to be legally bound by them.
In addition, we may, in our sole discretion, seek your consent to the Terms and Conditions of this Agreement by requesting that you affirmatively click in a box containing the words "I Accept," "I Agree" or a similar phrase.
VIM reserves the right to change the Terms and Conditions at any time, but we will notify you in advance of any material changes. Your continued accessing of our Site will be deemed as your acceptance of any such modified Terms and Conditions.
|TERMS AND CONDITIONS|
No Investment Advice
While the Content available on the Site comprises information, research and data about particular securities and other investments, you shall not construe such Content as constituting representations on our part that any security, other investment or investment strategy is suitable for you, or for anyone you advise. In this regard, you acknowledge that not all securities, other investments or investment strategies are suitable for all investors.
In view of the foregoing, you acknowledge and agree that, prior to executing any trades, you will make your own independent verification of financial information and evaluation of the investment merits and suitability for you, or anyone you advise, of the securities, other investments or investment strategies, that may be presented, evaluated or discussed within our Site's Content. You further agree that you will not use any of the Content for or in connection with making tax, legal or accounting decisions, or advising others regarding tax, legal or accounting matters.
Nothing contained in the Content should be considered a recommendation or advice to purchase or sell any security or other investment, or to undertake a particular investment strategy.
We and our "Content Providers" (as hereinafter defined) disclaim any obligation (i) to update the Content in any way after the date of publication, or (ii) to provide to you information that reflects circumstances that may have changed, or new information that may have been acquired, thereafter relating to the Content, notwithstanding that such updated information or changed circumstances might have a material effect on any security, other investment or investment strategy presented in the previously published Content.
The Content will contain or reflect the opinions, judgments and analyses of VIM and other parties who provide Content to us (collectively "Content Providers") with respect to securities, other investments and investment strategies. We disclaim any responsibility for any portion of the Content which is received from or created by Content Providers including, without limitation, reports of news, analyses, research or other data. In this regard, you acknowledge that the mere fact that we publish the opinions, judgments or analyses of Content Providers does not in and of itself make such opinions, judgments or analyses ours, nor render us liable for any errors, omissions, inaccuracies or negligence with respect thereto.
Any opinion, judgment or analysis of a Content Provider who is quoted or otherwise reflected in the Content on our Site shall be understood to be the opinion, judgment or analysis of that person alone, and not that of any firm which employs such person or with whom such person may be affiliated. It is acknowledged that other persons employed by or affiliated with such firm may have entirely different opinions, judgments or analyses with respect to the same subject.
The Contents are provided to you for informational purposes only and any discussion of past performance of any security, other investment or investment strategy should not be considered as being indicative or a guarantee of future performance. The price and value of securities referred to on this Site will fluctuate. Loss of all of the original capital invested in a security discussed on this Site may occur. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all investors. You acknowledge that you understand that, due to many factors over which neither we nor our independent Content providers have control, actual and subsequent events, performances and/or outcomes may differ substantially from any estimates, projections or predictions that might have been made in the Content of our Site.
Whitney Tilson, Chairman of VIM, is also a principal of T2 Partners Management, LP, an investment adviser registered with the U.S. Securities and Exchange Commission. T2 Partners Management may purchase or sell securities and financial instruments discussed in the Site Content on behalf of certain accounts it manages.
It is the policy of T2 Partners Management and all Related Persons to allow a full trading day to elapse after the publication of the Site Content before any purchases or sales of any securities or financial instruments discussed therein are made.
You are hereby advised that Related Persons and Content Providers on the Site, whose opinions, judgments and analyses of particular securities or other investments are discussed or reflected in the Content may serve as officers or directors of companies that are issuers of such securities or other investments.
Links to Third-Party Web Sites
Disclaimer of Warranties and Limitation of Liability
TO THE EXTENT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, EXPRESS OR IMPLIED, ALL CONTENT ACCESSIBLE ON OUR SITE, OR ANY OTHER PARTY'S WEB SITE TO WHICH WE LINK, ARE WARRANTED ONLY TO THE MINIMUM AMOUNT OR DEGREE LEGALLY REQUIRED OR PERMITTED.
YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO OUR SITE IS AT YOUR OWN RISK, AND THAT YOU ASSUME THE RISK OF HAVING TO INCUR COSTS FOR SERVICING, REPAIR, REPLACEMENT OR CORRECTIONS THAT MAY BE NECESSARY FOR YOUR COMPUTER OR SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY HAVE EXPERIENCED ATTRIBUTABLE TO YOUR ACCESSING OUR SITE.
Intellectual Property Rights in Content and Site
We are providing you with access to the Site and the Content thereon for your individual use only. We grant you the right to download the Site's Content to your computer, and to store and print out materials therefrom for your individual use only. Any other reproduction, republication, transmission, dissemination, display or editing of the Content by any means, mechanical or electronic, without the prior written permission of VIM or the Content Providers, as the case may be, is strictly prohibited. You do not acquire ownership rights of any kind whatsoever by virtue of your downloading the copyrighted Content on our Site.
You agree that you will not remove any copyright, trademark or other notices or legends contained on our Site relating to intellectual property, or otherwise.
The trademarks Value Investor Insight and SuperInvestor Insight are the property of VIM and are presently pending before the United States Trademark Office for registration.
User CodeTo enable you to access our Site, we will provide you with a user name, password and/or other unique identifier ("User Code"). The User Code is for your personal use only. You are responsible for the security and confidentiality of your User Code, and you agree not to disclose the same to any other party, including any employees or associates in any organization or firm by which you are employed or engaged, or with which you are affiliated.
We shall not be held responsible or liable for the consequences of any breach of security caused by your failure to maintain and safeguard the confidentiality and security of your User Code. You agree to notify us immediately in the event of the loss, theft or disclosure of your User Code, or if you have reason to believe that the confidentiality or security of your User Code has been compromised in any way, or if you learn of a possible or actual unauthorized access to and/or use of the Site.
We reserve the right to revoke or modify your User Code at any time without notice, for any reason we deem, in our sole judgement, to be warranted.
Arbitration shall be final and binding on the parties and judgement upon the arbitration award may be entered in any court, state, federal or foreign, having jurisdiction over the subject matter thereof. Except as otherwise provided below, the parties hereby waive their right to seek remedies in court, including the right to jury trial. You acknowledge and accept the fact that arbitration discovery is generally more limited than and different from that in court proceedings, and that the arbitrator's award is not required to include factual findings or legal reasoning, and any party's right to appeal or seek modification of rulings by the arbitrator is strictly limited. The arbitrator shall be a person who has experience in the securities and/or financial services industries. Each party shall bear its own attorney's fees and costs of arbitration.
Notwithstanding the foregoing, however, VIM shall have the right to initiate and seek legal and equitable relief from a court of competent jurisdiction if and as necessary to protect its intellectual property rights from and against infringement by you or anyone acting in concert with you.
This Agreement shall be construed, governed and enforced in accordance with the laws of the United States and the Commonwealth of Virginia (except with respect to choice of law). You agree that the proper forum for any claim arising under this Agreement will be the United States Court for the Eastern District of Virginia or the appropriate Virginia State court.
This Agreement represents the entire statement of the agreement between you and VIM regarding your rights to access our Site and to use the Content, and supercedes any other agreements or understandings, written or oral, relating to the above-noted subject matter.
You further acknowledge your understanding that our Site and Content is in no way intended to be a solicitation for money management services offered by Whitney Tilson, a principal of VIM, or any other Related Persons or Content Provideres.
Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against VIM unless the same is in writing and signed by one of our executive officers.
Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part, will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise of our rights.
All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity.
This Agreement will be binding upon you and your executors, heirs, successors and assigns.
Any and all headings in the text of this Agreement are solely for convenience and reference, and do not constitute a part of this Agreement; nor shall they be construed to affect the meaning, construction or legal effect of this Agreement.
Posted as of February 17, 2005. Last updated June 20, 2008.