Site Usage Agreement
Thank you for visiting the 21st Century Investor Education web site
titled "21st Century Investor Education" (the "Site"). In return for gaining access to the Site
and using it, you agree to be bound by the following Agreement without
limitation or qualification, so please carefully review this Agreement before
proceeding. If you do not intend to be legally bound by these terms and
conditions, do not access and use the Site. 21st Century Investor Education reserves the right to
change this Agreement and to make changes to any of the products or programs
described in the Site at any time without notice or liability. Any such
revisions are prospectively binding on you and therefore you should periodically
visit this page when you use the Site to review the then current Agreement that
binds you. 21st Century Investor Education also reserves the right in its sole and unfettered
discretion to deny you access to the Site at any time. 21st Century Investor Education enters into
agreements with third parties from time to time to provide our customers with
the opportunity to obtain special services, products or prices offered by the
third party. You will not be deemed to be violating this agreement when acting
in accordance with the terms and conditions of any such program. Likewise, the
terms and conditions in this agreement will be considered broadened to the
extent needed to permit such third parties to operate within the terms of a
written agreement they have entered into with us. The titles in this Agreement
are provided only for your convenience and are not to be used in interpreting
Intellectual property notifications
Unless otherwise noted, all
information, account information, articles, data, images, passwords, screens,
text, user names, web pages, or other materials (collectively "Content")
appearing on the Site are the exclusive property of 21st Century Investor Education, or their
subsidiaries and affiliates:
- All information, products, services and
software contained on or used in the Site ("Content") is Copyright 2004 by
21st Century Investor Education. All rights reserved. Please assume that everything you see or read on
the Site is copyrighted to, or used with permission by, 21st Century Investor Education unless
- The trademarks, logos, service marks, and trade dress
(collectively the "Trademarks") displayed on the Site are registered and
unregistered Trademarks of 21st Century Investor Education, or others.
- Images of people, objects,
or places displayed on the Site are either the property of, or used with
permission by 21st Century Investor Education.
- 21st Century Investor Education owns or uses by permission all software
contained on the Site, including without limitation all HTML code and other site
related programming codes. Copyright and other laws and international treaty
provisions protect this software. The law expressly prohibits any modification,
redistribution, or reproduction of the software, and such actions could result
in severe civil and criminal penalties. 21st Century Investor Education will seek and support
prosecuting violators to the maximum extent possible.
- You may not copy,
display, distribute, download, license, modify, publish, re-post, reproduce,
reuse, sell, transmit, use to create a derivative work, or otherwise use the
content of the Site for public or commercial purposes. Nothing on the Site shall
be construed to confer any grant or license of any intellectual property rights,
whether by estoppel, by implication, or otherwise.
Your representations and warranties
By using the Site, you represent
and warrant that you are 18 years of age or older and possess the legal right
and ability to enter into this Agreement and to use the Site in accordance with
all of the terms and conditions of this Agreement. You accept financial
responsibility for all use of the Site under your name or account, including
without limitation all uses of your account by others, including minors living
with you. You may allow other members of your household to use the Site under
your name or account only if you agree to pay all charges that they incur and to
be responsible for all other aspects of their usage. You further agree to
supervise all minors who use the Site under your name or account. You agree not
to assign, transfer, or sublicense your rights pursuant to this Agreement.
Your indemnity obligation
You agree to indemnify, defend, and hold
harmless 21st Century Investor Education and its affiliates from and against any and all claims,
demands, proceedings, suits and actions, including any related liabilities,
obligations, losses, damages, deficiencies, penalties, taxes, levies, fines,
judgments, settlements, expenses (including legal and accountants' fees and
disbursements) and costs (collectively, "Claims"), based on, arising out of or
resulting from your use of the Site, including without limitation any Claims
alleging facts that if true would constitute your breach of this Agreement.
Limitations on your use
21st Century Investor Education provides the Site as an
educational resource with availability of goods and services where members may
educate themselves or otherwise transact business with 21st Century Investor Education , and for no
other purposes. The Site is for your personal, non-commercial use. You agree
that you will use the Site's services only for personal education or purchases
for you or for another person for whom you are authorized to act both legally
and under the terms of this Agreement.
You agree to abide by the terms
and conditions of purchase 21st Century Investor Education imposes including, but not limited to,
payment of all amounts when due and compliance with all rules regarding
availability of products, or services. You are completely responsible for all
assessments, charges, duties, fees, and taxes arising out of your use of the
Your account information is owned by and proprietary to 21st Century Investor Education .
While you may access your account information through the Site, you may not give
access to your account to any person or entity other than a member of your
household or a person that you directly supervise as part of your career or
employment. You may not give access to your account to any third party on-line
You must access your account information directly through the Site and not
through a third party web site.
You agree that you will not Misuse the
Site. "Misuse" includes, but is not limited to, using the Site to do any of the
- Distribute, disseminate, post, or publish any information or
material that degrades, embarrasses, harasses, humiliates, intimidates, or
threatens any individual or group of individuals on the basis of their age,
ancestry, color, ethnicity, marital status, medical condition, mental or
physical disability, national origin, race, sex, sexual orientation, union or
nonunion affiliation, or any other basis protected by federal, state, or local
law or ordinance.
- Abuse, defame, harass, stalk, threaten, or otherwise
violate others' legal rights, including but not limited to rights of privacy and
- Download or upload files that may damage the operation of
another's computer, such as computer viruses, corrupt files, or similar
- Download or upload files that contain materials, including but not
limited to software that violate the intellectual property, privacy, or
publicity rights of others unless you own, control, or have been authorized to
exercise such rights.
- Misrepresent or omit the origin or source of any file
you download or upload.
- Download or upload files that do not contain the
posted proprietary language, author attributions, and/or copyright, patent, or
- Distribute, disseminate, post, or publish any indecent,
infringing, obscene, or unlawful information or material.
- Engage in any
commercial purpose including but not limited to:
- Advertising or
offering to sell any goods or services.
- Conducting contests or surveys.
- Distributing chain letters, or advertising with respect to any Ponzi scheme
or pyramid scheme.
- Advertising or offering to sell any business
opportunities, direct sales opportunities, employment, independent contractor
positions, multi-level marketing opportunities, or securities.
- Post, send, or otherwise disclose confidential information, trade secrets,
or other confidential and/or protected proprietary data of any entity or
person, including but not limited to 21st Century Investor Education.
- Download or upload files
that you know, or reasonably should know, cannot be legally distributed
through the Site.
- Upload, download, or otherwise export or re-export
software from the Site: (1) to a national or resident of or into any country
the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya,
North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury
Department's Specially Designated Nationals list, or (3) to anyone on the U.S.
Commerce Department's Table of Denial Orders.
- Copy or create derivative
works from, display, distribute, license, perform, publish, recreate,
reproduce, sell, transfer, or transmit any information, products, services, or
software obtained by, from, or through the Site.
- Monitor or copy any
Content by using any manual process, or any robot, spider, or other automatic
device, without first obtaining 21st Century Investor Education ' prior written consent.
- Act as
an agent or attorney in fact for any person who is not:
member of your immediate household; or
- Your direct supervisor at your
place of employment.
- Take any action that will or could impose
an unreasonable or disproportionately large load on our site infrastructure.
- Access information about any 21st Century Investor Education member protected by site log-in and
post it on any other web site, with or without that 21st Century Investor Education member's
- Utilize an 21st Century Investor Education member's password or username during log-
in, unless you are:
- The 21st Century Investor Education member to whom that password or username is assigned;
- A family member of the 21st Century Investor Education Member, acting with the 21st Century Investor Education
Member's permission; or
- An employee of the 21st Century Investor Education Member's employer,
acting with the 21st Century Investor Education Member's permission.
- Engage in any
other conduct that is, or that 21st Century Investor Education deems to be, in conflict with this
Agreement. 21st Century Investor Education forbids such Misuses, and access of the Site for any
such Misuses or other similar purposes is an unauthorized use of the
No warranty by 21st Century Investor Education
The Content may contain inaccuracies
and/or typographical errors. 21st Century Investor Education may alter, change or improve the
Content at any time and without notice. 21st Century Investor Education makes no representations or
warranties as to the Content's completeness or accuracy, and makes no
commitment to update the Content. 21st Century Investor Education makes no representations about the
Content's suitability for any purpose.
YOU USE THE SITE AT YOUR OWN
RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL 21st Century Investor Education OR ITS AFFILIATES BE
LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH,
THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED
THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER 21st Century Investor Education WAS GIVEN
ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
21st Century Investor Education
neither warrants nor represents that your use of information and material on
the Site will not infringe upon the intellectual property rights of third
parties. 21st Century Investor Education shall not be liable for any virus or other damage to your
computer equipment or other property due to your accessing, browsing, or using
the Site or due to your downloading any audio, data, images, materials,
pictures, text or video from the Site. Because 21st Century Investor Education provides services and
products in many parts of the world, the Site may refer to certain goods,
products, and/or services that are not available in your area. A reference to
goods, products, and/or services without limiting their geographic scope does
not imply that 21st Century Investor Education offers or intends to offer those goods, products,
and/or services in all locations.
Use of information you provide 21st Century Investor Education
Consistent with the
you register for our web site or purchase items in our store.
You agree that when you provide such information, the information will be
accurate. Under no circumstances will you provide false or misleading
For use of certain services, we may provide you with a pass code. This pass
code is proprietary to and the property of 21st Century Investor Education . However, you must take
precautions to insure the security of your pass code. 21st Century Investor Education assumes no
responsibility for and will not be liable in the event that another person
learns your pass code or uses your pass code to cause damage to you.
While 21st Century Investor Education takes reasonable steps to safeguard and to prevent
unauthorized access to your private information, we cannot be responsible for
the acts of those who gain unauthorized access, and we make no warranty,
express, implied, or otherwise, that we will prevent unauthorized access to your
private information. IN NO EVENT SHALL 21st Century Investor Education OR ITS AFFILIATES BE LIABLE FOR
ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE,
SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD
PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF
LIABILITY, AND ALSO REGARDLESS OF WHETHER 21st Century Investor Education WAS GIVEN ACTUAL OR
CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
No offer to sell or buy securities
The information on the Site does
not constitute an offer to sell, or the solicitation of an offer to buy any
securities and must not be relied upon in connection with any investment
Links to other sites and to the Site
The Site may provide hyperlinks
or references to other sites. While 21st Century Investor Education endeavors to provide links only to
sites that are reputable and safe, we take no responsibility for the
information, products, or services obtained on such other sites and will not be
liable for any damages arising from your access to such sites. 21st Century Investor Education
provides any such links to other sites merely for your convenience and our
inclusion of such links and frames in the Site does not imply an endorsement of
the linked or framed sites, their content, or the persons or entities operating
those sites. Therefore, you assume sole responsibility for using links or
pointers to third parties.
21st Century Investor Education specifically denies you permission
to hyperlink or provide references to the Site, unless you do so using the
links, methods, and guidelines provided by 21st Century Investor Education. You are also denied
permission to use any trademarked or copyrighted material to provide such
hyperlinks or references, unless you do so using the links, methods, and
guidelines provided by 21st Century Investor Education. 21st Century Investor Education bears no responsibility for sites
that provide hyperlinks or references to the Site unless those sites are
operated by 21st Century Investor Education .
Your communication with us
21st Century Investor Education will not treat as confidential
any communications you send to us by electronic mail or otherwise. 21st Century Investor Education has
no obligation to refrain from publishing, reproducing, or otherwise using your
communications in any way and for any purpose.
21st Century Investor Education may accept or consider proposals related to its business, including
but not limited to proposals for advertising campaigns, logos, names, processes,
products, promotions, services, slogans, and technologies. 21st Century Investor Education requests
that you send such proposals to firstname.lastname@example.org.
Please refrain from sending original creative artwork, blueprints,
demonstratives, designs, layouts, photographs, or samples. 21st Century Investor Education has adopted
this policy to prevent claims that we have copied such unsolicited ideas without
authorization, when, in fact, we developed the idea independent of or even long
before receiving the proposal. If you do send us proposals, then do so with the
understanding that 21st Century Investor Education may use any concepts, ideas, inventions, know-how,
or techniques that you disclose in those communications for any purpose,
including the developing, manufacturing, and/or marketing of goods, products, or
services. 21st Century Investor Education may do so free of any obligation to compensate you for that
Comparison monitoring of on-line chats or telephone
conversations with 21st Century Investor Education
The Site may provide you the ability to
use an on-line chat session, web blog, or other member input feature with
21st Century Investor Education or with information as to how you can contact 21st Century Investor Education by telephone.
You may use these functions only for business purposes related to the Site. For
quality assurance purposes, 21st Century Investor Education may monitor, record, and/or transcribe the
contents of these communications. By contacting 21st Century Investor Education , you agree that the
communication may be monitored, recorded, and/or transcribed and you consent to
the monitoring, recording, and/or transcribing. Such records may be kept
indefinitely or disposed of at our discretion.
Your use of Forums
You agree to use any bulletin boards, chat rooms,
conferences, or other communication or message facilities ("Forums") contained
on the Site only to send and receive material and messages that are proper and
related to the particular Forum. You further agree that you will use the Forums
in conformity with all applicable laws and this Agreement. You agree that you
will not Misuse a Forum.
21st Century Investor Education reserves the right to remove at will
and without notice any Content on the Site, including anything you post in a
Forum. You understand that any use by you of a Forum constitutes a public
communication. You understand that 21st Century Investor Education owns any and all information or
material that you post on a Forum. You agree that you waive all of the rights
you have to any information or material that you post on a Forum. 21st Century Investor Education has
the right to do whatever it wishes with that information or material, including
but not limited to deleting or editing for any reason any posting by you. You
further acknowledge that 21st Century Investor Education does not endorse or sponsor any information
or material posted by Forum users, and that 21st Century Investor Education has no responsibility to
approve, review, or screen such information or material.
Forum for actions, governing law, and procedural restrictions
agree that this Agreement is made and entered into in Palm Beach County,
Florida. You agree that Florida law governs this Agreement's interpretation
and/or any dispute arising from your access to, dealings with, or use of the
Site, without regard to conflicts of law principles. Any lawsuit brought by you
related to your access to, dealings with, or use of the Site must be brought in
the state or federal courts of Palm Beach County, Florida. You agree and
understand that you will not bring against 21st Century Investor Education , or any of its affiliated
entities, agents, directors, employees, and/or officers any class action lawsuit
related to your access to, dealings with, or use of the Site.
This Agreement constitutes the entire agreement governing your
access to, dealings with, and use of the Site. Of course, separate agreements
may attach to any goods, products, or services you obtain, purchase, or use from
Any failure of 21st Century Investor Education to assert any rights it may have under this
Agreement does not constitute a waiver of our right to assert the same or any
other right at any other time or against any other person or entity. If any
provision of this Agreement is found to be invalid or unenforceable, then the
invalid or unenforceable provision will be stricken from this Agreement without
affecting the validity or enforceability of any other provision.