You are subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Crosbie! Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Crosbie! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Crosbie! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Crosbie!, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Crosbie! Services. Crosbie! does not control the Content posted via the Crosbie! Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Crosbie! Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Crosbie! be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Crosbie! Services.
You agree to not use the Crosbie! Services to:
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upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, a Crosbie! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Crosbie! Service;
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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);
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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;
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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) that are designated for such purpose;
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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;
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Crosbie! Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
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interfere with or disrupt the Crosbie! Services or servers or networks connected to the Crosbie! Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Crosbie! Services, including using any device, software or routine to bypass our robot exclusion headers;
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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;
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provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
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"stalk" or otherwise harass another; and/or
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collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Crosbie! may or may not pre-screen Content, but that Crosbie! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Crosbie! Services. Without limiting the foregoing, Crosbie! 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 Crosbie! or submitted to Crosbie!, including without limitation information in Crosbie! Message Boards and in all other parts of the Crosbie! Services.
You acknowledge, consent and agree that Crosbie! 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: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Crosbie!, its users and the public.
You understand that the Crosbie! Services and software embodied within the Crosbie! Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Crosbie! and/or content providers who provide content to the Crosbie! Services. You may not attempt to override or circumvent any of the usage rules embedded into the Crosbie! Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Crosbie! Services, in whole or in part, is strictly prohibited.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Crosbie! may establish general practices and limits concerning use of the Crosbie! Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Crosbie! Services, the maximum number of email messages that may be sent from or received by an account on the Crosbie! Services, the maximum size of any email message that may be sent from or received by an account on the Crosbie! Services, the maximum disk space that will be allotted on Crosbie!'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Crosbie! Services in a given period of time. You agree that Crosbie! 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 Crosbie! Services. You acknowledge that Crosbie! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Crosbie! reserves the right to modify these general practices and limits from time to time.
Crosbie! Chat line, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Crosbie! accounts located on Crosbie! servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Crosbie! too. Your agreement to this TOS constitutes your consent to allow Crosbie! to store these communications on its servers.
MODIFICATIONS TO CROSBIE! SERVICES
Crosbie! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Crosbie! Services (or any part thereof) with or without notice. You agree that Crosbie! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Crosbie! Services (or any part thereof).
TERMINATION
You may terminate your Crosbie! account, any associated email address and access to the Crosbie! Services by submitting such termination request to Crosbie!.
You agree that Crosbie! may, without prior notice, immediately terminate, limit your access to or suspend your Crosbie! account, any associated email address, and access to the Crosbie! Services. Cause for such termination, limitation of access or suspension 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) discontinuance or material modification to the Crosbie! Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Crosbie! Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Crosbie!'s sole discretion and that Crosbie! shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Crosbie! Services.
Termination of your Crosbie! account includes any or all of the following: (a) removal of access to all or part of the offerings within the Crosbie! Services, (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 of further use of all or part of the Crosbie! Services.
CROSBIE!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Crosbie! Services and any necessary software used in connection with the Crosbie! 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 advertisements or information presented to you through the Crosbie! Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Crosbie! or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Crosbie! Services, such Content or the Software, in whole or in part.
Crosbie! 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 from, 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, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Crosbie! Services. You agree not to access the Crosbie! Services by any means other than through the interface that is provided by Crosbie! for use in accessing the Crosbie! Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE CROSBIE! SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE CROSBIE! SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CROSBIE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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CROSBIE! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CROSBIE! SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE CROSBIE! SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CROSBIE! SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CROSBIE! SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CROSBIE! SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CROSBIE! OR THROUGH OR FROM THE CROSBIE! SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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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 CROSBIE! 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 CROSBIE! SERVICE. IMMEDIATELY DISCONTINUE USE OF THE CROSBIE! SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CROSBIE! SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROSBIE! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 CROSBIE! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CROSBIE! SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CROSBIE! SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE CROSBIE! SERVICE.
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 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR CROSBIE! 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 Crosbie! Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Crosbie! Services is provided for informational purposes only, and no Content included in the Crosbie! Services is intended for trading or investing purposes. Crosbie! and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Crosbie! Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
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.
NOTICE
Crosbie! may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Crosbie! Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Crosbie! Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Crosbie! Services in an authorized manner.
TRADEMARK INFORMATION
You agree that all of Crosbie!’s trademarks, trade names, service marks and other Crosbie! logos and brand features, and product and service names are trademarks and the property of Crosbie! Inc. (the "Crosbie! Marks"). Without Crosbie!'s prior permission, you agree not to display or use in any manner the Crosbie! Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Crosbie! respects the intellectual property of others, and we ask our users to do the same. Crosbie! 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 Crosbie!'s Copyright Agent the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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a description of the copyrighted work or other intellectual property that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the site;
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your address, telephone number, and email address;
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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;
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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.
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