Terms of Service

1. Acceptance of Terms -- Access to the Site:

The InsiderScoop Web site located on the World Wide Web at http://www.InsiderScoop.com  (the "Site") is made available to you by InsiderScoop, Inc. ("InsiderScoop"). By accessing and using the Site and services offered through the Site (the "Services"), you acknowledge that you have read and agree to be bound by and comply with these Terms of Service and any other terms and conditions posted on any individual page of the Site (the "Terms"). IF YOU DO NOT AGREE WITH THE TERMS, DO NOT ACCESS AND USE THE SITE AND SERVICES. The Terms may be amended by InsiderScoop without notice to you. You agree to review these Terms from time to time and that your continued use of the Site constitutes your acceptance of any such revised Terms. Use of particular services or materials may be subject to additional terms and conditions that will be made available to you by InsiderScoop in connection with such services or materials. InsiderScoop may modify or discontinue the Site (or any part thereof) and may remove materials from the Site with or without notice to you. InsiderScoop will not be liable to you or to any third party for any modification or discontinuance of the Site or removal of content from the Site. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site and Services, access to the Site and Services or use of the Site and Services.

2. Site Materials:

The Site and its contents are protected by pending copyright, trademark, patent and other applicable laws and international treaties. All content on the Site, including but not limited to all design, information, artwork, graphics, text, video, images and the selection and arrangement thereof, related software, InsiderScoop technology and any and all other materials ("Content"), is the sole property of InsiderScoop and its suppliers, as applicable. Except as permitted herein or with InsiderScoop's written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any Content on the Site, in whole or in part. You are not authorized to change or delete author attribution, trademark legends or copyright notices.

3. Trademarks:

InsiderScoop and the InsiderScoop logo are trademarks of InsiderScoop, Inc. and its licensors, if applicable. All other trademarks appearing on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner.

4. Privacy:

Information that you provide to InsiderScoop via the Site is subject to our Privacy Policy (the "Policy"). For more information, please read our full Privacy Policy.

5. Online Conduct:

You may only use this Site for lawful purposes and in compliance with all applicable local, state, national and international laws. Unacceptable conduct on this Site includes, without limitation, harming minors in any way; interfering with or disrupting the Site or servers or networks connected to the Site; violating the regulations, policies or procedures of networks or Web sites connected or linked to the Site; attempting to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, or attempting to collect or store personal data about other users of the Site.

6. User Content:

You are solely responsible for all content that you submit to the Site or when using the Services, including without limitation, the content of any queries that you submit ("User Content"). You acknowledge that InsiderScoop does not pre-screen User Content, but collects and stores User Content for purposes of recording the frequency and content of queries and assembling a database of ranked and categorized queries in order to enhance the Services. You acknowledge and agree that InsiderScoop may preserve User Content and may also disclose User Content if required to do so by law or if InsiderScoop considers doing so to be reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, interests or safety of InsiderScoop, its users, connected networks or the public.

7. Third Party Content:

This Site contains Content not provided by InsiderScoop or its licensors (collectively, "Third Party Content"). You understand and expressly agree that InsiderScoop assumes no responsibility or liability for Third Party Content. InsiderScoop does not control Third Party Content and as such assumes no responsibility for the accuracy, integrity or quality of such Content. InsiderScoop is not responsible for (a) errors or omissions in Third Party Content, (b) offensive, objectionable or defamatory Third Party Content, or (c) loss or damage of any kind incurred as a result of Third Party Content. Any opinion, advice, statement or other information or content expressed or made available by Third Party Content are those of the Third Party and are not endorsed by InsiderScoop, its parents, or subsidiaries, successors and assigns. Under no circumstances shall InsiderScoop or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice or other Content available through the Site. You will bear responsibility for all risks associated with your use of any Third Party Content posted on or accessible through the Site.

8. Links:

By accessing the Site and using the Services, you may be provided with links to and information about other World Wide Web sites or resources. Because InsiderScoop has no control over such sites and resources, you acknowledge and agree that InsiderScoop is not responsible for the availability of such external sites or resources and does not endorse and is not responsible for or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that InsiderScoop shall not be responsible or liable directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Disclaimer of Warranties:

InsiderScoop disclaims any and all responsibility and/or liability for the accuracy, completeness, legality, reliability, operability and availability of any content or Services available on or through the Site. InsiderScoop further disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. InsiderScoop disclaims any and all harm resulting from downloading or accessing any information or material on or through the Site and assumes no liability or responsibility for any errors or omissions in such content. You bear all risk associated with any content and Services that you access through the Site.

 

THE SITES AND ALL SERVICES AND CONTENT PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSIDERSCOOP DOES NOT WARRANT THAT (I) THE SITE, CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR (II) DEFECTS IN THE SITE, CONTENT OR SERVICES WILL BE CORRECTED; OR (III) THE SITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS. INSIDERSCOOP WILL NOT BE RESPONSIBLE FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, AND DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, OR COMPUTER VIRUSES ASSOCIATED WITH THE OPERATION OF THE SITE, SERVICES OR CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

10. Limitation of Liability:

YOUR USE OF THE SITE AND USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. NEITHER INSIDERSCOOP NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR CONTENT, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF INSIDERSCOOP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE) EXCEED $100, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS IN THIS SECTION 10 MAY BE LIMITED BY PROVISIONS OF APPLICABLE LAW.

11. Indemnity:

By using this Site, you agree to indemnify InsiderScoop and its parents, subsidiaries, affiliates, directors, officers, employees and agents and hold them harmless from and against any and all claims, expenses, damages and losses arising out of or relating to your use of the Site and/or Services, violation of the these Terms, or violation of the rights of any third party.

12. Termination:

InsiderScoop may terminate your access to Services at any time, with or without notice to you, and delete any and all information, communications or User Content. Reasons for such termination include, but are not limited to, conduct that InsiderScoop, in its sole discretion, believes violates these Terms. You agree that InsiderScoop shall not be liable to you or any third party for any termination of your access to the Site or Services.

13. Monitoring of the InsiderScoop Site:

InsiderScoop will have the right (but not the obligation) to monitor the Site to determine compliance with these Terms and any InsiderScoop operating rules, and to satisfy any law, regulation or government request.

14. Miscellaneous:

InsiderScoop is located at 3003 North First Street, Suite 315, San Jose, CA 95134 and can be reached at (408) 876-4022 and via e-mail at info@insiderscoop.com. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. We ask that you bring service problems to our attention, but you may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed stricken, and the remainder of the Terms of Service shall continue in full force and effect. Any waiver by InsiderScoop of the performance or satisfaction of any provision hereof will not be considered to be a waiver of any other similar or dissimilar covenant or condition hereunder, nor will it be considered a continuing waiver of the same provision in the future. We reserve the right to amend, alter or modify these Terms, at any time or in any manner. No modification of these Terms by you shall be valid or binding on InsiderScoop unless InsiderScoop agrees to it in writing. InsiderScoop may in its discretion change or discontinue any aspect or feature of the Site and Services. Any suggestions to improve our Site and/or Services and any other information you transmit to us regarding the operation of the Site and/or Services are the exclusive property of InsiderScoop. You may not assign your rights or delegate your duties under these Terms at any time. We may assign our rights and delegate our duties under these Terms either in whole or in part at any time, in our sole discretion, and without your consent. The laws of the State of California, exclusive of the choice of law provisions, shall govern any claim relating to this Site or your use of this Site. You further agree that any legal action or proceeding concerning the Site or Services between you and InsiderScoop or its affiliates shall be brought exclusively in a federal or state court of competent jurisdiction located in Santa Clara County, California.