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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Valuebasedmanagement.net. Valuebasedmanagement.net provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the
TOS at any time at: http://www.valuebasedmanagement.net/terms.html. In
addition, when using particular Valuebasedmanagement.net services, you and
Valuebasedmanagement.net shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All such
guidelines or rules (including but not limited to our Spam Policy) are
hereby incorporated by reference into the TOS. Valuebasedmanagement.net may
also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Valuebasedmanagement.net currently provides users with access to a rich
collection of resources through its network of properties (the "Service").
You also understand and agree that the Service may include advertisements
and that these advertisements are necessary for Valuebasedmanagement.net to
provide the Service. You also understand and agree that the service may
include certain communications from Valuebasedmanagement.net, such as
service announcements, administrative messages and the
Valuebasedmanagement.net Newsletter, and that these communications are
considered part of Valuebasedmanagement.net membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the
release of new Valuebasedmanagement.net properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and that
Valuebasedmanagement.net assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Valuebasedmanagement.net
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Valuebasedmanagement.net has the
right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
4. VALUEBASEDMANAGEMENT.NET PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy.
5. AFFILIATED SITES
Everywhere in these Terms
of Services where you read "Valuebasedmanagement.net" you should read
"Valuebasedmanagement.net and its affiliated sites".
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not Valuebasedmanagement.net, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available
via the Service. Valuebasedmanagement.net does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Valuebasedmanagement.net be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
Valuebasedmanagement.net official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available 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, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for such
purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Valuebasedmanagement.net may not pre-screen Content,
but that Valuebasedmanagement.net and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the foregoing,
Valuebasedmanagement.net and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on
any Content created by Valuebasedmanagement.net or submitted to Valuebasedmanagement.net,
including without limitation information in Valuebasedmanagement.net Message
Boards or Forums, and in all other parts of the Service.
You acknowledge, consent and agree that Valuebasedmanagement.net may access,
preserve, and disclose your account information and Content if required to
do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights
of third-parties; (d) respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of
Valuebasedmanagement.net, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by
Valuebasedmanagement.net and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Valuebasedmanagement.net does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant Valuebasedmanagement.net the following
world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on
publicly accessible areas of Valuebasedmanagement.net, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing and
promoting Valuebasedmanagement.net to which such Content was submitted or
made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the
time you remove or Valuebasedmanagement.net removes such Content from the
Service.
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service other
than Valuebasedmanagement.net, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you
remove or Valuebasedmanagement.net removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than Valuebasedmanagement.net, the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such Content (in
whole or in part) and to incorporate such Content into other works in any
format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
Valuebasedmanagement.net network of properties that are intended by
Valuebasedmanagement.net to be available to the general public.
9. INDEMNITY
You agree to indemnify and hold Valuebasedmanagement.net, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Valuebasedmanagement.net may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space
that will be allotted on Valuebasedmanagement.net's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
Valuebasedmanagement.net has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
Valuebasedmanagement.net reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Valuebasedmanagement.net reserves the right to modify these general
practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Valuebasedmanagement.net reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that
Valuebasedmanagement.net shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Valuebasedmanagement.net may, under certain circumstances and
without prior notice, immediately terminate your Valuebasedmanagement.net
account, any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical
or security issues or problems, and (f) extended periods of inactivity.
Termination of your Valuebasedmanagement.net account includes (a) removal of
access to all offerings within the Service, including but not limited to
Valuebasedmanagement.net Mail, Groups, Messenger, Chat, Domains, Personals,
Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be
made in Valuebasedmanagement.net's sole discretion and that
Valuebasedmanagement.net shall not be liable to you or any third-party for
any termination of your account, any associated email address, or access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that
Valuebasedmanagement.net shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Valuebasedmanagement.net has no control
over such sites and resources, you acknowledge and agree that
Valuebasedmanagement.net is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree
that Valuebasedmanagement.net shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. VALUEBASEDMQNAGEMENT.NET'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Valuebasedmanagement.net or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
Valuebasedmanagement.net grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in
the Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is
provided by Valuebasedmanagement.net for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. VALUEBASEDMANAGEMENT.NET EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VALUEBASEDMANAGEMENT.NET net MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
VALUEBASEDMANAGEMENT.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF
YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VALUEBASEDMANAGEMENT.NET SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
VALUEBASEDMANAGEMENT.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17
and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included
in the Service is intended for trading or investing purposes.
Valuebasedmanagement.net and its licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such
information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
22. NOTICE
Valuebasedmanagement.net may provide you with notices, including those
regarding changes to the TOS, by either email, regular mail, or postings on
the Service.
23. TRADEMARK INFORMATION
The Valuebasedmanagement.net and Valuebasedmanagement.net logo,
trademarks and service marks and other Valuebasedmanagement.net logos and
product and service names are trademarks of Valuebasedmanagement.net.
Without Valuebasedmanagement.net's prior permission, you agree not to
display or use in any manner, the Valuebasedmanagement.net Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Valuebasedmanagement.net respects the intellectual property of others, and
we ask our users to do the same. Valuebasedmanagement.net may, in
appropriate circumstances and at its discretion, disable and/or terminate
the accounts of users who may be repeat infringers. If you believe that your
work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please
provide Valuebasedmanagement.net's Copyright Agent the following
information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
- a description of the copyrighted work or other intellectual property that
you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Valuebasedmanagement.net's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached by sending an email to
editor@valuebasedmanagement.net.
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
Valuebasedmanagement.net and govern your use of the Service, superceding any
prior agreements between you and Valuebasedmanagement.net. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other Valuebasedmanagement.net services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Valuebasedmanagement.net shall be governed by the laws of the Netherlands.
You and Valuebasedmanagement.net agree to submit to the personal and
exclusive jurisdiction of the courts located within Utrecht, The
Netherlands.
Waiver and Severability of Terms. The failure of Valuebasedmanagement.net to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
Valuebasedmanagement.net account is non-transferable and any rights to your
Valuebasedmanagement.net I.D. or contents within your account terminate upon
your death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to editor@valuebasedmanagement.net.
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