PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE OR USING THIS WEB SITE, YOU (“YOU” OR THE “MEMBER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEB SITE.
BrokerPulse.com, a division of Brokerpulse, LLC, a New York LLC (“BrokerPulse”) owns and operates this web site.
1. ENTIRE AGREEMENT. This Agreement comprises the entire agreement between Member and BrokerPulse and supersedes any and all prior agreements between the parties regarding the subject matter contained herein BrokerPulse (including, but not limited to, any prior versions of this Agreement).
2. DESCRIPTION OF SERVICE. BrokerPulse provides each Member with various publishing and community services, including but not limited to the capability to post links and comments to a web page (the “Services”). Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE. BrokerPulse reserves the right to modify or discontinue the Services with or without notice to Member. BrokerPulse shall not be liable to Member or any third party should BrokerPulse exercise its right to modify or discontinue the Service. BrokerPulse also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at http://BrokerPulse.com/terms-of-use/. Member’s continued use of the Services constitutes agreement by Member to abide and be bound by this Agreement and any modifications to this Agreement.
5. CONTENT OWNERSHIP. Unless stated otherwise on the BrokerPulse web site, Member will retain copyright ownership and all related rights for information he or she authors and publishes through BrokerPulse or otherwise enters into the BrokerPulse Services. In exchange for the publishing services provided by BrokerPulse, Member agrees to grant a perpetual, worldwide, nonterminable license to BrokerPulse to use all content Member publishes through BrokerPulse without further permission or remuneration, including the right to create derivative works and re-use in other media. Members are not allowed to use the BrokerPulse name in commercial activity without prior written consent of BrokerPulse.
6. CONTENT RESPONSIBILITY. Member acknowledges and agrees that BrokerPulse neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
This web site contains links to web sites maintained by third parties. Such links are provided for your convenience and reference only. BrokerPulse does not operate or control in any respect any information, software, products or services available on such web sites. BrokerPulse’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. If you decide to access other web sites, you do so at your own risk.
7. MEMBER CONDUCT. You understand that all information, data, links, 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 BrokerPulse, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. BrokerPulse 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 Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Services to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, damaging to Falun Dafa or its practitioners, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a BrokerPulse official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post 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); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit 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; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (h) 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; (i) “stalk” or otherwise harass another; (j) collect or store personal data about other users; or (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
8. PROMOTING PRODUCTS ON BrokerPulse. If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:
- You will not suggest or imply any endorsement by BrokerPulse, it’s contributors or sponsors for the Product.
- You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”).
- You will not interfere with BrokerPulse tracking of visits, page views, click throughs, or with the normal flow of traffic to, through, or from the BrokerPulse Services.
- All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
- You will not offer, suggest or imply the availability of any rebates, coupons, tickets, vouchers or similar incentives to induce or encourage the purchase of a Product.
BrokerPulse reserves the right, but not the obligation, to review your Promotions. You agree that BrokerPulse, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support or other items related to the content of Your Promotions. BrokerPulse may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
- You will provide valid contact information, including but not limited to a working email address, where BrokerPulse can send inquiries and receive a non-automated reply by end of the following business day.
- BrokerPulse does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes or other incentives offered in any Promotions. Your use of any information presented by a BrokerPulse does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall BrokerPulse have any liability for your purchase or use of a Product or Service Promoted on BrokerPulse.
- Promotion is voluntary, and your reliance is at your own risk. BrokerPulse does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy or timeliness. You acknowledge and understand that BrokerPulse does not verify statements, claims, incentives or promotions made by Promotions.
9. CONTENT SUBMITTED TO BrokerPulse. BrokerPulse does not claim ownership of the Content or links you place on your BrokerPulse site. BrokerPulse may quote or reproduce your content (if you have made it public), in whole or in part, in order to promote your BrokerPulse site and/or the BrokerPulse Services. You acknowledge that BrokerPulse does not pre-screen Content or links, but that BrokerPulse and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, BrokerPulse and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.
10. INDEMNITY. You agree to indemnify and hold BrokerPulse, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content or links, your use of the Services, your violation of the this Agreement, or your violation of any rights of another.
11. NO RESALE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
12. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Once you become a member, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the user profile menu option); you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify BrokerPulse of any unauthorized use of Member’s account or any other breach of security known to Member.
13. TERMINATION. You agree that BrokerPulse, in its sole discretion, may terminate your password and use of the Services, and remove and discard any Content or link within the Services, for any reason, including, without limitation, for lack of use or if BrokerPulse believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. BrokerPulse may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that BrokerPulse may immediately deactivate or delete your BrokerPulse site and all related information and files in your BrokerPulse site and/or bar any further access to such files or the Services. Further, you agree that BrokerPulse shall not be liable to you or any third-party for any termination of your access to the Services.
14. ADVERTISEMENTS AND PROMOTIONS. BrokerPulse runs advertisements and promotions on BrokerPulse sites. By creating your BrokerPulse site, you agree that BrokerPulse has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your BrokerPulse site by any means. Doing so is grounds for immediate termination of the Services. The manner, mode and extent of advertising by BrokerPulse on your BrokerPulse site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, 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 BrokerPulse 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 Services.
15. BIN PROPRIETARY RIGHTS. You acknowledge and agree that the Services and any necessary software used in connection with the Services (“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 Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BrokerPulse or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROKERPULSE 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. BROKERPULSEMAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BROKERPULSE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY. BROKERPULSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. STORAGE AND OTHER LIMITATIONS. BrokerPulse assumes no responsibility for the deletion or failure to store information entered into BrokerPulse. BrokerPulse retains the right, at BrokerPulse’s sole discretion, to determine whether or not Member’s conduct is consistent with the letter and spirit of this Agreement and may terminate Services if a Member’s conduct is found to be inconsistent with this Agreement.
19. NOTICE. All notices to a party shall be in writing and shall be made either via email or conventional mail. BrokerPulse may distribute notices or messages through the Services to inform Member of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to Member.
20. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause such damage to BrokerPulse as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BrokerPulse shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by BrokerPulse in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
21. LAWS. This Agreement shall be governed by and construed in accordance with the laws of the state of California. You and BrokerPulse agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within California.
22. GENERAL INFORMATION. If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BrokerPulse’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BrokerPulse in writing. Member and BrokerPulse agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If BrokerPulse takes any action to enforce this Agreement, BrokerPulse, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which BrokerPulse may be entitled.
23. VIOLATIONS. Please report any violations of this Agreement to administrators at BrokerPulse.com via the e-mail address abuse@BrokerPulse.com.
24. COPYRIGHT AND TRADEMARK. Web site copyright notice: Copyright (c) 2011 BrokerPulse.com All rights reserved.
This web site is the copyrighted property of BrokerPulse and various third party providers and distributors (“Suppliers”).
BrokerPulse and BrokerPulse.com are a service marks of Brokerpulse LLC. Other product, service and company names used on this web site are registered and common law trademarks of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.
25. NOTICE OF INFRINGEMENT. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this web site, please write to BrokerPulse at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the Content or links on this web site that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed, and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner. Subject to BrokerPulse’s investigation and review of such claim, BrokerPulse will remove any Content or links on this web site that infringe the copyright or other intellectual property right of any person under United States law upon receipt of such a statement. Statements of infringement under this section should be submitted to Publisher, BrokerPulse.com, 373 Park Avenue South 6th Fl., NY 10016, U.S.A.
December 1, 2011