So take a deep breath, grab some hot coffee or cocoa, and settle in for the reading. And know that I didn’t go to law school to draft sections like this but will do my level best to make it long enough so that you can share in my accomplishment. SEC Live, LLC (“SEC Live,” “the Company,” “we,” “our,” “us,” or “hey you!”) provides its web site (www.seclive.com) to you, an individual or enterprise user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
This is serious stuff, so I’m going into ALL CAP shouting mode. YOU ALONE ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, SECURITY OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE, IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. We’re serious here. SEC Live in no way, shape, or form provides tax, legal, insurance, or investment advice, and nothing on its site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by SEC Live or any third party. You further understand that none of the bloggers, information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. Please consult an attorney, a registered investment or tax professional regarding your specific legal or tax situation.
Let me sum it up for you: we own it, you don’t. What do we own? SEC Live owns and has copyrights on our site and all of its content thereon. Trademarks, logos (admit it, the company logo is pretty awesome), and service marks displayed on our site are our registered and common law trademarks. Your use of and access to our site does not grant you any license or right to use any of the trademarks. Also, don’t get cute with our stuff. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.
You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information, or materials found on our site without proper credit and links to SEC Live. When republishing our data or articles, you will not publish the complete data or the complete articles. You will republish only the first part or paragraph of the data and articles, and link to our site for the complete data, articles, or other information.
I’m on a roll here, so I’m going to bloviate some more.
All of the content on SEC Live and any service we provide is protected by U.S. and international copyright laws and is the property of SEC Live and/or providers of the content under license. By “content” we mean any information, mode of expression, or other materials and services found on SEC Live. This includes, when applicable, message boards, blogs, podcasts, chats, software, our writings, graphics, videos, and ratings, and any and all other features.
You may not sell, auction, transfer or barter your subscription. Aside from opening yourself up to a world of liability, distributing to other sites and forums is unfair to our members who pay their hard earned money to receive our content. So please don’t be a smarmy jerk.
This part pertains to y-o-u-r stuff, so please pay attention. Notwithstanding the aforementioned (I love writing legal language sometimes, it sounds so cool), when you post content (such as a message-board post or blog comment), you are not somehow surrendering your copyright in your expression. Instead, you are granting us an unlimited license to use it (thank you!). Specifically, by posting content, you agree that SEC Live has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don’t want us to use or republish your content, then it would be wise not to post it on our site.
SEC Live respects the intellectual property of others, and we ask our users to do the same. SEC Live may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. SEC Live also retains the right to remove content posted to the site that SEC Live believes may be infringing on the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide let us know as follows:
Time for some more shouting.
WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. NEITHER SEC LIVE AFFILIATES, NOR ANY THIRD PARTY DATA PROVIDER MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE DATA PROVIDED ON OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER SEC LIVE, NOR ITS AFFILIATES, NOR ANY THIRD PARTY DATA PROVIDER WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM.
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More shouting . . .
IN NO EVENT SHALL SEC LIVE, LLC BE LIABLE FOR ANY INVESTMENT GAIN/LOSS YOU INCUR DURING YOUR INVESTMENT. INVESTING IS RISKY AND YOU ARE RESPONSIBLE FOR ANY OF YOUR OWN ACTIONS. FURTHERMORE, IN NO EVENT SHALL SEC LIVE, LLC. BE LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT OR IMAGES FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDER TO OUR SITE, EVEN IF WE HAVE BEEN, OR A THIRD-PARTY PROVIDER HAS BEEN, ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also understand that SEC Live data is supplied by sources believed to be reliable but there is no guarantee that it is indeed reliable. Accordingly, any data, assumptions, or 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 on SEC Live to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, 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 on the SEC Live 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.
This section shall survive any termination of these TOU.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the SEC Live and the content made available therein.
In order to access some of the services of the SEC Live, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of SEC Live or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
SEC Live has the right to terminate your access to the Site, in its sole discretion. At our discretion, we may delete comments and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.
Each individual who submits a comment, blog, or article whether published on SEC Live or not, is solely responsible for her or his own acts, including the content, context or information he or she submits. This means that each individual, and not SEC Live, is entirely responsible for anything and everything she or he posts on the SEC Live. SEC Live does not necessarily pre-screen user submission and thus does not guarantee the accuracy, integrity or quality of anything that may appear on its SEC Live.
We reserve the right to access, read, preserve, delete, or disclose any user submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SEC Live, its users or the public.
As a condition of your use of the SEC Live, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU, (b) your use of the Site, (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
Other than that, we reserve the right to be wrong, stupid, or even misguided. What does this mean? It means that you agree that under no circumstances will SEC Live, its employees, directors, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by things beyond our control in creating or delivering any of our services.
Updated: March 7, 2013
We have practices, policies, and procedures in place that insure (for all customers) that all data is private. By that we mean the data is not accessible, disclosed, shared, sold, profited, or made actionable in any way to third parties. As an internal matter, and like all web-based companies, we only use the data to improve the customer/product experience; however, we do not profit or use it in any way beyond that.
We respect your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, personal profile, a home or other physical address and an email address or other contact information, whether at work or at home.
If you are a registered user, you will have your own SEC Live account (“Account”). By using your Account, there may be a time in the future where you are able to send messages to and receive messages from other registered users and contributors. Nonetheless, you are strictly prohibited from sending unsolicited or unauthorized advertisements, spam, harassments, etc. Please note that some actions you take, such as replying to a topic, posting comments, etc. may subscribe you automatically to getting notifications to your Account. Please further note that some notifications, such as a notification for receiving a private message to your Account, may be enabled by default.
We may use your email address and Account to send updates, a newsletter or news regarding our services, and those of our advertisers who may have relevant offers. If you do not wish to receive email from one of our advertisers, you may unsubscribe from receiving further email from that advertiser. If you choose to provide us with your Personal Information on the Site, we may transfer that Personal Information within SEC Live or third-party service providers. The services provided by our third-party service providers may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, surveys and other features offered through our Site. If any transactions are conducted by you, we may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
The type of Personal Information we collect may depend on the product or service you receive from us. This information may include, but is not limited to:
(a) Web Cookies
A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. We use Web Cookies to track the pages that users visit during each Site session, both to help us improve users’ experiences and to help us understand how the Site is being used. As with other non-Personal Information gathered from users of the Site, we analyze and disclose in aggregated form information gathered using Web Cookies, so as to help us, our partners and others better understand how the Site is being used. We do not attempt to link information gathered using Web Cookies to Personal Information. USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
(b) Web Beacons
A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. We may use Web Beacons on the Site and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Web Beacons are not used to access users’ Personal Information; they are a technique we may use to compile aggregated statistics about Site usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.
(c) Third Party Advertisers
If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-Personal Information attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. We do not identify you to the advertiser.
We do not currently provide your Personal Information to third parties. Nevertheless, we may at a later time choose to make certain offers or services available to our users from third parties. If we do, during the registration process and at certain points thereafter in connection with specific offers we may ask you whether your Personal Information may be sent to third parties who have products, services and opportunities which may be useful to you. If you give your permission to allow third parties to contact you, your Personal Information (such as your contact information and other information collected during your visit to our Site) may be shared with data aggregators, marketers (possibly in the form of list rental), and other organizations. SEC Live does not intend to transfer Personal Information without your consent to third parties who are not bound to act on SEC Live’s behalf unless such transfer is legally required. Regardless of your decision regarding the sharing of your Personal Information, we may share broad aggregate demographic data and related usage information with our business partners. This aggregate information does not contain any Personal Information that can identify an individual user.
We have implemented suitable security policies, rules and technical measures to protect and safeguard the Personal Information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our employees and data processors that have access to, and are associated with the processing of your Personal Information, are obliged to respect the confidentiality of your information. To the extent that you do provide us with Personal Information, SEC Live wishes to maintain accurate Personal Information. You may check your profile and add information, delete information or correct any incorrect information.
Our Site may contain links to other sites. Other sites may also reference or link to our site. We are not responsible for the privacy practices or the content of such other sites.
The Site is not intended for children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 18 years of age. For more on this, please see our TOU.
Updated: March 24, 2014