Terms and Conditions of Use
JubakAM.com TERMS AND CONDITIONS OF USE
This document was last updated June 23, 2010
These terms and conditions are between you and JubakAM.com (“we,” “Jubakam.com,” or “us”), and they apply to and govern your use of the JubakAM.com website, located at http://jubakam.com and JubakAM.com (the “Site”). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. JubakAM.com may periodically change these terms and conditions, and any such changes will be effective immediately upon posting. We suggest that you periodically check these terms and conditions for changes. You may contact JubakAM.com by email with questions about the terms and conditions of this User Agreement. Visit the Site’s Contact Us page to send an email.
LIMITED LICENSE AND RESTRICTIONS ON USE
JubakAM.com grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print the pages within the Site and the materials thereon for your personal and informational use only, provided that you comply fully with these terms and conditions of use, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of the Site. At any time, and for any reason, we may revoke your right to use all or any portion of the Site. You shall not:
- modify, delete, copy, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, frame, create derivative works from, participate in the transfer or sale of, post on the Web, or exploit the Site, or any portions thereof, including, without limitation, any text, images, articles, photographs, illustrations, audio, video clips, graphics, interface information, data, tools, products, and other content or other materials on, generated by, or obtained from the Site (together, “Content”), without our express written permission;
- violate or attempt to violate the security of the Site in any way through any means or device, including, without limitation, spamming, hacking, or uploading computer viruses or time bombs, or through the means expressly prohibited by any provision of these terms and conditions of use;
- use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of the Site;
- take any action that damages or disrupts the functioning of the Site or our systems, or that imposes an unreasonably or disproportionately large load on our infrastructure;
- decompose, decompile, reverse-engineer, disassemble, or otherwise deconstruct all or any portion of the Site; or
- remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Site.
OWNERSHIP AND INTELLECTUAL PROPERTY POLICY
JubakAM.com owns, controls, licenses, or has the right to use and provide the Site and all Content on the Site. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. We own the copyright in the entire Site, including a copyright in the selection, coordination, arrangement, and enhancement of the Site. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site. The Site may also contain trademarks or service marks that are owned by JubakAM.com, and you may not use any such marks without our written permission.
The Site may contain links and pointers to other websites and resources (the “Linked Sites”). These links are provided for your convenience and for your reference only. These links do not constitute an endorsement by or association with JubakAM.com or any third-party resources or their contents. Hyperlinks do not imply that JubakAM.com is affiliated or associated with or is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any Linked Sites are authorized to use any trademark, trade name, logo, or copyright symbol of JubakAM.com. If you access any Linked Site through the Site or otherwise, you do so at your own risk. JubakAM.com is not responsible for information on any Linked Site that is referred in, or accessible or connected by hyperlink to, the Site.
INFORMATION AND CONTENT
All content is for informational purposes only. Nothing on the Site is an offer or solicitation to buy or sell any security or other similar product. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. You will use the Content at your own risk and bear the sole responsibility of evaluating the merits and risks associated with the use of any Content on this Site before making any decisions based on such Content. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice. Dated Content speaks only as of the date indicated or published. We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate. You agree that we are not liable for any action you take or decision you make in reliance on any Content. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY, OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
USER SUBMISSIONS & MESSAGE BOARDS
This website, its message boards and any other communications service including the capability to post your own comments, participate in a chat room, newsgroup, or other interactive service (collectively, the “Services”) offered now or at a future time are provided to you solely for informational and entertainment purposes. By using the blog and other Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is false, inaccurate, misleading or otherwise violates these Terms of Service, JubakAM.com reserves the right to terminate your subscription or membership without obligation to refund any monies paid and to refuse any and all current or future use of the Services.
Further, you agree not to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, photographs, graphics, video & audio messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, obscene, libelous, deceptive or fraudulent;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, such as “junk mail” or any other form of unlawful solicitation;
You understand that any postings you make on the blog will be deemed non-confidential. Any action taken by a user of the Message Boards based on information presented there is at your own risk.
You understand that neither the blog nor its affiliates are responsible for material or information submitted or posted to the site by users. Furthermore, JubakAM.com does not pre-screen, monitor, review or edit the Content posted by users. However, the management of JubakAM.com have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part that it feels does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. We reserve the right to seek all remedies available by law or in equity for violations of these Terms, including the right to block access from a particular Internet address to this website.
You agree to immediately notify JubakAM.com of any unauthorized use of the Service or any other breach of security that you know of or suspect. If you become aware of any misuse of the blog or wish to complain about any material posted by another user on the Message Boards, or if you believe that any of your rights have been violated please contact us by using our contact page which is available from the bottom of every page on the website.
LIABILITY AND INDEMNITY
JUBAKAM.COM’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, OR THE INABILITY TO USE THE SITE, EVEN IF WE, OR AN AUTHORIZED REPRESENTATIVE, HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO JUBAKAM.COM THAT ARISES OUT OF YOUR BREACH OF THIS USER AGREEMENT OR YOUR USE OF THE SITE. YOU AGREE TO INDEMNIFY JUBAKAM.COM AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND THIRD-PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO YOUR USE OF THE SITE; YOUR BREACH OF THESE TERMS AND CONDITIONS; YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION, OR ANY THIRD PARTY’S RIGHTS; OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THIS USER AGREEMENT.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate state or federal court located in New York County in the State of New York, and you hereby irrevocably consent to the jurisdiction of such courts.
CHANGES TO TERMS AND CONDITIONS
JubakAM.com reserves the right to change, modify, add, or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective immediately upon posting unless we indicate otherwise. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these terms and conditions are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these terms and conditions shall remain in full force and effect. These terms and conditions constitute the entire understanding, and supersedes all other understandings, between you and JubakAM.com concerning the subject matter hereof.
We may assign these terms and conditions in whole or in part at any time without your consent. You may not assign these terms and conditions or delegate any of your obligations under these terms and conditions. Any purported assignment of these terms and conditions in violation of its terms is void.
JubakAM.com offers a 7-day money-back guarantee. If, within seven days of subscribing, you are not happy with our product, contact us for a full refund of your purchase price. Refunds will not be granted beyond seven days after the stated transaction date on your receipt.