This Agreement sets forth the terms and conditions which apply to the use by you of the EquityShield web sites. The right to use any product or service offered by EquityShield is personal to you and is not transferable to any other person or entity
The “EquityShield Sites” shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by EquityShield on the WWW. The EquityShield web sites consist of information services and content provided by EquityShield, affiliates of EquityShield and third parties. The term “Community Areas” means the bulletin boards, forums, chat rooms, IM and other user participatory areas on the EquityShield Sites.
EquityShield shall have the right at any time to change or discontinue any aspect or feature of the EquityShield Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. 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 the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the EquityShield Sites and the Community Areas.
A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in EquityShield ‘s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with EquityShield ‘s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by EquityShield.
B. The EquityShield Sites and the Community Areas contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the EquityShield Sites are copyrighted as a collective work under the Australian copyright laws. EquityShield is the owner of the copyright in the entire EquityShield Sites. EquityShield owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the EquityShield Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the EquityShield Sites without the express permission of EquityShield and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the EquityShield Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the EquityShield Sites shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media.
C. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
D. You hereby grant to EquityShield and their respective affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to EquityShield (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
E. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that EquityShield considers to be offensive.
F. You shall provide EquityShield with accurate, complete and updated information provided by you at the time of registration.
G. The EquityShield Sites contain links to other web sites, resources and advertisers. EquityShield is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall EquityShield be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or Webmaster.
H. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the EquityShield Sites and Community Areas and all charges related thereto.
I. The foregoing provisions of this Section 3 are for the benefit of EquityShield, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
J. EquityShield has carefully designed the EquityShield Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the EquityShield Sites in any way that interferes with that purpose. In particular, EquityShield prohibits any party from displaying the content on the EquityShield Sites in any format where third party advertising or other materials that EquityShield did not authorize is viewed or viewable together with EquityShield ‘s proprietary content.
EquityShield shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by EquityShield from time to time. EquityShield shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, EquityShield shall have the right, but not the obligation, to remove any material that EquityShield, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of EquityShield, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither EquityShield nor any of its affiliates shall assume or have any liability for any action or inaction by EquityShield with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability.
A. You expressly agree that use of the community areas and the EquityShield Sites is at your sole risk. Neither EquityShield, its affiliates or any of their respective employees, agents, third party content providers or licensors warrant that the EquityShield sites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the EquityShield sites or as to the accuracy, reliability or content of any information, service or products provided through the sites or the community areas.
B. The EquityShield sites and the community areas are provided on an “As Is”, “As Available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties if merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. The Disclaimers of liability contained in this section 5 apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that EquityShield is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will EquityShield or any person or entity involved in creating, producing or distributing the EquityShield sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the EquityShield sites or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 shall apply to all content on the EquityShield sites and/or the community areas. EquityShield’s liability to users, if any, shall in no event exceed the total amount paid to EquityShield.
E. EquityShield neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the EquityShield sites, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized EquityShield employee spokespersons while acting in their official capacities. Under no circumstances will EquityShield be liable for any loss or damage caused by your reliance on information obtained through either the content on the EquityShield sites and/or any postings on the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the EquityShield sites and/or the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
F. EquityShield does not endorse, warrant or guarantee any products or services offered through the EquityShield sites and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use you best judgement and exercise caution where appropriate. EquityShield makes products or service available on the EquityShield sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
G. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Neither EquityShield nor its third party content providers shall have any liability for investment decisions based upon, or the results obtained from, the content provided herein. Neither EquityShield nor its third party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness or any such information. Nothing contained in the EquityShield sites shall be construed as investment advice. EquityShield is not a registered broker-dealer or investment advisor and does not give investment advice.
You agree to defend, indemnify and hold harmless EquityShield, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the EquityShield Sites and/or the Community Areas.
EquityShield shall have the right to immediately terminate this Agreement with respect to any user which EquityShield, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 9 shall survive termination of this Agreement.
All trademarks appearing on the EquityShield Sites are the property of their respective owners, including, in some instances, EquityShield.
Either you or EquityShield may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with
(i) any terms and conditions of this Agreement, or policy or practice of EquityShield in operating the EquityShield Sites and/or the Community Areas,
(ii) content available through the Subscription or change therein, or
(iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to EquityShield Customer Service, GPO Box 2129, MELBOURNE , VIC, 3001
Notice of termination will be effective upon receipt by EquityShield. Without limiting the foregoing, EquityShield shall have the right to immediately terminate this Agreement with respect to any user which EquityShield, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or cancelled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 9 shall survive termination of this Agreement. Fees that may be paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by EquityShield for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, EquityShield shall make a pro rata refund to you.
Products and Other Services. With respect to products and services offered for sale by EquityShield and third parties or through the EquityShield Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
This Agreement and any operating rules for the EquityShield Sites and the Community Areas established by EquityShield constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New South Wales, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
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