TheTechnicalTake.com

5/9/2008

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Terms & Conditions: This website, "TheTechnicalTake.com", is owned and operated by The Technical Take, LLC and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing and using this website, you are deemed to have agreed to all such terms, conditions, and notices. If you do not agree to these terms and conditions, please do not use this web site. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY. PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. PLEASE REVIEW OUR COPYRIGHT, DISCLAIMER, AND PRIVACY POLICIES CAREFULLEY BEFORE USING THIS WEBSITE This agreement is made between The Technical Take, LLC and you, the user and/or member of the web site, TheTechnicalTake.com. At any time, The Technical Take, LLC reserves the right to the following: Change the terms and conditions of this Agreement; Change the web site(TheTechnicalTake.com), including eliminating or discontinuing any content on or feature of the web site(TheTechnicalTake.com); or change any fees or charges for use of the web site(TheTechnicalTake.com). Be sure to review this Agreement periodically to ensure familiarity with the most current version. Privacy Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. Code of Conduct While using TheTechnicalTake.com you agree not to: Restrict or inhibit any other visitor or member from using the website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the website; Use the website for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website; Remove any copyright, trademark, or other proprietary rights notices contained in the website; Frame or "mirror" any part of the website without our prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; Harvest or collect information about website visitors or members without their express consent; or Permit anyone else whose account or subscription was terminated, or who is not a TheTechnicalTAke.com paid or trial subscriber, to use the website through your subscription, username or password. While using TheTechnicalTake.com you agree to comply with all applicable laws, rules and regulations. Registration for Subscription Sites You must be 18 years of age or older to subscriber to this service. To have unlimited access to TheTechnicalTake.com, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of TheTechnicalTake.com. Trial subscriptions are limited to one per subscriber per year. You agree not to transfer or resell your use of or access to TheTechnicalTake.com to any third party. If you are a subscriber of TheTechnicalTake.com, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Payment and Renewal Current subscriptions for TheTechnicalTake.com are available on TheTechnicalTake.com�s subscriber page. Payment for your subscription is due in advance of the subscription period you select. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your subscription to TheTechnicalTake.com (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. Cancellation. You may cancel your subscription to TheTechnicalTake.com by notifying our Customer Service Department at: 1-502-5520018. Cancellation will take effect no later than 10 business days after we receive your notification. Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe. Termination This Agreement shall remain effective until terminated in accordance with its terms. The Technical Take, LLC may terminate this Agreement, and/or your access to and use of TheTechnicalTake.com or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any monies that may be due according to the cancellation policy as defined on the website to terminate this Agreement without cause. Claims of Copyright Infringement The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by TheTechnicalTake.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to TheTechnicalTake.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Ownership and Restrictions on Use You may only access and use the materials on TheTechncialTake.com, and download and/or print out only one copy of any materials on the website, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from TheTechnicalTake.com in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using TheTechncialTake.com. All other trademarks, service marks, and logos used on TheTechnicalTake.com are the trademarks, service marks, or logos of their respective owners. Jurisdictional Issues TheTechnicalTake.com is solely directed to individuals residing in the United States. We make no representation that materials in TheTechnicalTake.com are appropriate or available for use in other locations. Those who choose to access TheTechnicalTake.com from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of TheTechnicalTake.com and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. Modification of These Terms and Conditions The Technical Take, LLC reserves the right to change this Terms of Use Agreement at any time by revising the terms and conditions herein, including, but not limited to, adding fees and charges for use. 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 TheTechnicalTake.com website, or by electronic or conventional mail. Continued use of TheTechnicalTake.com website following any such changes shall constitute your acceptance of such changes. General This agreement is governed by the laws of the State of Kentucky, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Jefferson County, Kentucky, U.S.A. in all disputes arising out of or relating to the use of this TheTechnicalTake.com website. Use of TheTechnicalTake.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Severability If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Entire Agreement This agreement constitutes the entire agreement between you and The Technical Take, LLC with respect to TheTechnicalTake.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Technical Take, LLC with respect to this website. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Disclaimers UNDER NO CIRCUMSTANCE IS THE TECHNICAL TAKE, LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT. Limitation of Liability Neither The Technical Take, LLC, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to TheTechncialTake.com and/or content contained on the website, or any product or service purchased through the website. Your sole remedy for dissatisfaction with TheTechnicalTake.com and/or content contained within the website is to stop using TheTechnicalTake.com. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access TheTechnicalTake.com. Indemnification 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 breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to TheTechnicalTake.com infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with TheTechnicalTake.com or any services related to the web site. This indemnification extends to and includes any attorney�s fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement. Mandatory Arbitration of Disputes ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND THE COMPANY AND/OR ANY OF ITS� EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE. A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American Arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate. THE ARBITRATOR�S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party�s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees. The terms and conditions of this Terms of Use Agreement may be edited and modified by The Technical Take, LLC at anytime. USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT PLEASE REVIEW OUR COPYRIGHT, DISCLAIMER, AND PRIVACY POLICIES CAREFULLY BEFORE USING THIS WEBSITE. General TheTechnicalTake.com web site is published as an informational service for subscribers by The Technical Take, LLC. The publisher is not a registered investment advisor, broker/dealer, or research analyst/organization. Although TheTechnicalTake.com includes opinions as to buying, selling and holding various securities, TheTechnicalTake.com and its officers, directors, partners, contributors or employees/consultants does not provide investment advice or recommendations directed to any particular subscriber or in view of the particular circumstances of any particular person. Readers are advised that the commentary and reports on its website and in its newsletters are issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and analyses included herein are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness. YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED IN TheTechnicalTake.com NEWSLETTER OR WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT. Readers are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report should be independently verified. Neither The Technical Take, LLC, nor its officers, directors, partners, contributors or employees/consultants, accept any liability whatsoever for any direct or consequential loss arising from any use of information on this website or any use of information in its newsletters. The publisher of TheTechnicalTake.com and its officers, directors, partners, contributors or employees/consultants may buy or sell the securities discussed for purposes of investment or trading without disclosure of all trades to subscribers. These positions may change at anytime. Securities discussed by TheTechnicalTake.com should be considered speculative and contain a high degree of volatility and risk. TheTechnicalTake.com and its officers, directors, partners, contributors or employees/consultants are not liable for any losses or damages, monetary or otherwise, that result from the content of TheTechnicalTake.com. TheTechnicalTake.com does not receive compensation of any kind and will never take any compensation from any companies that it mentions on its website and in its newsletters. Partners/Links to Other Websites TheTechnicalTake.com may contain links to other internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Furthermore, any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that TheTechnicalTake.com endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. However, TheTechnicalTake.com may receive compensation from the server sites which are provided through links. Connectivity. UNDER NO CIRCUMSTANCE IS THE TECHNICAL TAKE, LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT. TheTechnicalTake.com and its publisher specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of TheTechnicalTake.com, even if TheTechnicalTake.com has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses. Limitation of Liability Under no circumstances shall The Technical Take, LLC, 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 this website, even if The Technical Take, LLC has been advised of such damages. If you are dissatisfied with the TheTechnicalTake.com website or other materials, or with any of the terms and conditions contained in this website, your sole and exclusive remedy is to discontinue using TheTechnicalTake.com. If The Technical Take, LLC 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 information, 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 Technical Take, LLC or its third-party providers. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The terms and conditions of this disclaimer may be edited and modified by TheTechnicalTake.com at anytime. 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 TheTechnicalTake.com website, or by electronic or conventional mail. Continued use of this TheTechnicalTake.com website following any such changes shall constitute your acceptance of such changes. I agree to the terms and conditions of registration