By accessing and using any content of Portfolio123.com and related emails (the "Site")
owned and operated by Prism Research Inc. (the "Company"), the User agrees to the following terms:
1. No Financial Advice
We are not financial analysts, investment brokers or financial advisors.
The Information on the Site is provided for information purposes only. The Information is
not intended to be and does not constitute financial advice or any other advice.
The Company is not responsible for any investment decision made by you. Investors should
always check with their licensed financial advisor, to determine the suitability of any investment.
2. Independent Research
The Company is free of any conflicts created by investment banking and proprietary trading.
3. Grant of Rights
Subject to the limitations set out in this Agreement, the Company grants you a non-exclusive,
non-transferable right to access and use the Site for the duration of the membership within the "fair use" provisions of the Copyright Act. The Log-In ID and password assigned to you may not be be transferred, assigned or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever.
4. Limitations on the Membership Levels
The memberships level "Investor" are granted only to Individual Investors as defined below. The membership level "Professional" and above is granted to either an Individual Investors or Professional Investor as defined below.
Individual Investor Definition
A person (and not a corporation, partnership, proprietorship or any other entity whatsoever) who does not perform, and is not in any way engaged, in investment services and is only making investment decisions for his/her account and/or dependents and non-business use.
Professional Investor Definition
Any use that violates the terms above may subject the Subscriber making such uses to immediate revocation of access to the Site, as well as any other applicable civil or criminal penalties.
- A person registered or qualified with the Securities and Exchange Commission (the "SEC"), or authorities with similar functions in other countries, or any other securities agency.
- A person involved in giving investment services. The definition of giving investment services is: "Being authorized to give investment services or registered with the SEC or authorities with similar functions in other countries".
- A person using the Site for any purpose other than for his/her personal account or dependents, including (but not limited to): investment venture, hedge-fund, investment club, investment newsletter or website, or any other investment group.
- A person employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.
5. Use of the Site's Content
You acknowledge that the Site contains or provides access to information, software, advertising and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the "Content") that may be protected by copyright, trademark or other proprietary rights of the Company or third parties. All Content on the Site is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the Site are trademarks or registered trademarks of the Company. You acknowledge that the market data information provided is property of the various exchanges and other information providers and therefore subject to modifications from these sources and to all copyright and other interests maintained by the sources. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. Content consisting of downloadable software may not be reverse engineered. You may download or copy the Content only for your own personal use, except as provided elsewhere in these terms and conditions, provided that you retain on such materials all copyright and other notices contained in such Content. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.
6. User Submissions
If you transmit to or otherwise provide to the Site any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Submissions"), such User Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such User Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the User Submissions to others without limitation. By transmitting such User Submissions to the Site, you are deemed to grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Submissions.
You may post on the Site any User Submissions owned by you (such as your original statements) and User Submissions for which you have received express permission from the owner. You assume all risk and responsibility for determining whether the User Submissions is in the public domain.
You grant the Company the right to edit, copy, publish, distribute, translate and otherwise use in any medium any
User Submissions that you place on the Site without remuneration to you.
You represent and warrant that you are authorized to grant all rights set forth in this paragraph.
7. Custom Systems Developed by You
A "Custom System" is anything developed by you using the Site including, but not limited to: Ranking Systems, Trading Systems, Screens, Models, and Simulations. A "Private Custom System" is a Custom System that is not accessible to other users. This is typically accomplished by setting the visibility property to "private". The Company shall not be liable for any damages whatsoever, whether direct, indirect, incidental, consequential, special, punitive or exemplary damages, in any way arising out of any of your Private Custom Systems being accessible to other users, regardless on how this access is achieved (for example due to an error in the Site, unauthorized access, theft, negligence, etc.), or by the loss or corruption of such Private Custom System.
It's the company's policy not to access Private Custom Systems internally or make their content available to any third parties, except in cases where access might help in identifying errors. The Company reserves the right to publish on the Site performance figures associated with any Custom System whether private or public.
A Public Custom System you create will be available to other users of the Site and will be attributed to you under your user name. You grant the Company, its successors, assignees and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, and display such Public Custom System throughout the world in any media.
A Private Custom System becomes a Public Custom System if the visibility property is set to "public" at any time, and only temporarely, whether voluntarily or involuntarily. It is your responsibility to verify that your Private Custom Systems have the visibility set to private.
You agree that no payment or compensation of any kind is due to you from the Company or any third party now or at any time in the future as a result of developing any Custom Systems. The Company may make your Public Custom System a Private Custom System, and thereby not accessible to other users of the Site, at any time without prior notification to you.
8. Improper Transmission
You are prohibited from posting or transmitting to the Site, including our discussion forums, any unsolicited chain letters or "spam", or any confidential, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, any material that would violate the rights of privacy of any person, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, the Company will have no liability related to the content of any such communications. You are prohibited from posting on the Site any User Feedback or communications, in which you do not own the copyright, unless you have consent from the owner or the content is in the public domain. You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations. You are also prohibited from impersonating any individual. The Company may, but is not obligated to, review or monitor areas on the Site, if any, where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. The Company is not responsible for the accuracy of any posted information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
9. Electronic Documents
We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature.
10. Disclaimer of Warranties And Limitation of Liability
a) Member expressly agrees that use of the Site are at his or her sole risk. Neither the company, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Site.
b) The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
c) The disclaimers of liability contained in this section apply 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, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that the company is not liable for the defamatory, offensive, or illegal conduct of other third parties, members, or other users of the forums and that the risk of injury from the forgoing rests entirely with each member.
d) In no event will the company or any person or entity involved in creating, producing, or distributing content of the Site be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use the Site or out of the breach of any warranty. Member hereby acknowledges that the provisions of this section shall apply to all content of the Site.
e) The company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the company employee spokespersons while acting in their official capacities. Under no circumstances will the company be liable for any loss or damage caused by a member's reliance on information obtained through the content on the Site. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site.
f) The company does not endorse, warrant, or guarantee any product or service offered by a third party through the Site.
g) Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys' fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Site, even if the Company has been advised of such damages. If you are dissatisfied with any of the Site's Information or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. If the Company or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the Site, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company, or its third-party providers.
h) The Company's affiliates or associates and/or its employees may have interests, financial or otherwise
in the securities held by any Model Portfolios. The Company does not condone any type of "front-running" activities by its affiliates or associates and/or its employees.
Member agrees to indemnify and hold the Company, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Member's use of the Site or from Member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member's use of the Site.
shall be effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on the Site, or by electronic or conventional mail. Continued use of the Site following any such changes shall constitute your acceptance of such changes.
by revising the terms and conditions herein. The Company
You are responsible for regularly reviewing these
terms and conditions. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on the Site, or by electronic or conventional mail.
Continued use of the Site following any such changes shall constitute your acceptance
of such changes.
15. Governing Law
This Agreement is governed in accordance with the laws of the State of Illinois.
Last Updated Aug 04, 2006