Terms and Conditions
Content provided by PortfolioReminder
The information displayed as search results or scheduled alerts
represent the commercially reasonable efforts of PortfolioReminder. A
search using PortfolioReminder Services may produce search results that
some people find objectionable, inappropriate, inaccurate or offensive.
We cannot guarantee that a PortfolioReminder search will not locate
unintended or objectionable content and assume no responsibility for
the content included in any search results by the PortfolioReminder
Services.
Personal Use Only
The PortfolioReminder Services are made available for your personal,
non-commercial use only. You may not use PortfolioReminder updates on
stocks or any financial products sent to your mobile as a text message
SMS liable for their content, any mistakes, delay etc… can occur at
anytime and you cannot make any financial decisions based on those
updates. PortfolioReminder do not guarantee the accuracy and timing of
all messages sent to your handheld via text message SMS, it is for
personal use only and for trading purposes. You agree to keep
PortfolioReminder free service neither responsible nor liable for any
content and updates sent to your mobile. You may not use the
PortfolioReminder Services to sell a product or service, or to increase
traffic to your business for commercial reasons, such as advertising
sales. You may not take the results from a PortfolioReminder search and
reformat and display them, or mirror the PortfolioReminder home page or
results pages on your Web site. If you want to make commercial use of
the PortfolioReminder Services, you must enter into an agreement with
PortfolioReminder to do so in advance.
No Automated Querying
You may not send automated queries of any sort to PortfolioReminder's
system without express permission in advance from PortfolioReminder.
You are not allowed to copy, create a derivative work of, reverse
engineer, reverse assemble, or otherwise attempt to discover any source
code of, or modify the Services in any manner.
Changes In Terms and Conditions and PortfolioReminder Service
We may modify or terminate our services from time to time, for any
reason, and without notice, including the right to terminate with or
without notice, without liability to you, any other user or any third
party. We reserve the right to modify these Terms of Use from time to
time without notice. Please review these Terms of Use from time to time
so that you will be apprised of any changes.
Trademarks, Names and Logos
All trademarks, names and logos used on this site or delivered via
PortfolioReminder services are owned by PortfolioReminder (unless
otherwise stated). Your use of these services and site does not allow
you to infringe those rights or the rights of the third parties which
may exist in material contained in this site. No license is expressly
impliedly granted within or as a result of your use of
PortfolioReminder services or this site. Without PortfolioReminder 's
prior permission, you agree not to display or use in any manner, the
PortfolioReminder trademarks, names and logo.
Charges
The PortfolioReminder service includes all features without charges
from PortfolioReminder. Additionally, your mobile phone carrier may
charge you for standard text message SMS received. The customer is
liable for any mobile phone charges incurred (usage, subscription, etc)
as a result of using any of PortfolioReminder services. Please consult
your mobile service carrier's pricing plan to determine the charges for
sending and receiving text messages SMS.
Submissions
We welcome your comments and suggestions regarding the web site.
However, any comments, feedback, notes, messages, ideas, suggestions or
other communications (collectively, "Comments") sent by you to
PortfolioReminder shall be and remain the exclusive property of
PortfolioReminder. Your submission of any such Comments shall
constitute an assignment to PortfolioReminder of all worldwide right,
title and interest in all copyrights and other intellectual property
rights in the Comments. PortfolioReminder will be entitled to use,
reproduce, disclose, publish and distribute any Comments you submit for
any purpose whatsoever, without restriction and without compensating
you in any way. For this reason, we ask that you not send us any
Comments that you do not wish to assign to us, including any
confidential information or any original creative materials such as
stories, product ideas, computer code or original artwork. You agree
not to submit any Comments that may be submitted in violation of law or
any agreement or obligation to keep the content of such Comments
confidential. PortfolioReminder expressly disclaims any interest in any
Comments that you are not authorized to submit. Of course, any
information you submit which personally identifies you will be subject
to our Privacy Policy.
User Conduct
You understand that all information, text, photographs, graphics,
messages 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
PortfolioReminder, are entirely responsible for all Content that you
transmit or otherwise make available via the web widget ("Service") if
available to this service. PortfolioReminder 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
PortfolioReminder 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
Service.
You agree to not use the Service to:
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- Upload,
post, 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 or falsely state or otherwise misrepresent your affiliation with a person or entity.
- 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.
- "Stalk" or otherwise harass another.
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Disclaimer of Warranties
PortfolioReminder disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material displayed in the
PortfolioReminder Services results. PortfolioReminder disclaims any
responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material. PortfolioReminder
disclaims any responsibility for any harm resulting from information or
material through the PortfolioReminder Services.
THE PORTFOLIOREMINDER SERVICES, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE PORTFOLIOREMINDER SERVICES ARE
PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PORTFOLIOREMINDER AND
ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PORTFOLIOREMINDER
AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PORTFOLIOREMINDER
SERVICES. PORTFOLIOREMINDER AND ITS LICENSORS DISCLAIM, ANY WARRANTIES
FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PORTFOLIOREMINDER
SERVICES. PORTFOLIOREMINDER AND ITS LICENSORS DISCLAIM ANY WARRANTIES
FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PORTFOLIOREMINDER SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED
BY THE PORTFOLIOREMINDER SERVICES, AS WELL AS FOR ANY INFORMATION OR
ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE
PORTFOLIOREMINDER SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
OR DATA THROUGH THE USE OF THE PORTFOLIOREMINDER SERVICES AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PORTFOLIOREMINDER OR ITS LICENSORS BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR
RELIANCE ON THE PORTFOLIOREMINDER SERVICES. ARISING FROM ANY CLAIM
RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF PORTFOLIOREMINDER OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON THE PORTFOLIOREMINDER SERVICES, FROM INABILITY TO
USE THE PORTFOLIOREMINDER SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PORTFOLIOREMINDER SERVICES (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE PORTFOLIOREMINDER SERVICES
OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE PORTFOLIOREMINDER
SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE PORTFOLIOREMINDER SERVICES OR RECEIVED
THROUGH ANY INFORMATION PROVIDED IN THE PORTFOLIOREMINDER SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE PORTFOLIOREMINDER SERVICES OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, THE PORTFOLIOREMINDER SERVICES. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall
PortfolioReminder or its licensors be held liable for any delay or
failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
INVESTMENT WARNING
The Services and the Information are only for your general information and use and are not intended to address your particular requirements. In particular, the Services and Information do not constitute any form of advice or recommendation by PortfolioReminder and are not intended to be relied upon by users in making (or refraining from making) any investment decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility. For your information we would like to draw your attention to the following investment warnings. The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance is not necessarily a guide to future performance. Where the Information consists of pricing or performance data, the data contained therein has been obtained from company reports, financial reporting services, periodicals, and other sources believed reliable. Data computations are not guaranteed by PortfolioReminder or any of the Data Providers or affiliates and may not be complete.
ACCURACY OF INFORMATION
Neither PortfolioReminder nor any of its Data Providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Information or the Services for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. PortfolioReminder, its employees, Data Providers and affiliates may or may not hold investments in the companies referred to in the Information and Services. You bear all risks from any uses or results of using any Information. You are responsible for validating the integrity of any Information received over the Internet.
INDEMNITY
You irrevocably indemnify PortfolioReminder and its Data Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by PortfolioReminder, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information or any part or the Services or any part or otherwise howsoever arising in relation to any breach of this Agreement by you.
Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with
the laws of the State of New York, without giving effect to its
conflict of law’s provisions or your actual state or country of
residence. If for any reason a court of competent jurisdiction finds
any provision or portion of the Terms of Use to be unenforceable, the
remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces
all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of the
Terms of Use will be effective only if in writing and signed by
PortfolioReminder.
Effective Date: January 29, 2005
Contest Terms of Use
To
provide a fair and equal chance of winning to all PortfolioReminder
users, the following are the official rules for all contests on
PortfolioReminder products.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated
and/or posted. Users who enter into any PortfolioReminder contest
automatically agree to PortfolioReminder’s terms and conditions.
Entering Contests and Choosing and Contacting Winners
Winners of Fantasy PortfolioReminder contests will be chosen at performance only.
Entrants
must send entries using the correct contest entry text message (SMS)
address, subject line, and any other specific entry information
requested in the contest announcement. PortfolioReminder is not
responsible for and will not consider incomplete or incorrect entries,
or text messages SMS sent but not received by PortfolioReminder for any
reason, as potential contest winners.
Winners of all
contests will be contacted at the “sender” cell phone number used to
enter the contest, and the person receiving and answering the winner
announcement phone call will be considered the winner.
PortfolioReminder will mail the contest prize to the address supplied
by the recipient of the winner announcement phone call.
Only one entry per phone number may be used for contest entry. Unless
otherwise specified in an individual contest post, no person may enter
any contest more than once using multiple phone numbers.
Claiming of prizes requires a phone conversation with PortfolioReminder
from the winning sender text message SMS phone number within 30 days of
being notified of winning at the phone number used to enter. Failure to
respond shall mean that the winner forfeits the prize.
PortfolioReminder is not required to award elsewhere any prizes
forfeited by the chosen winner(s).
By submitting any information to PortfolioReminder, you hereby grant to
PortfolioReminder and its affiliates, subsidiaries, licensees and
assigns, an irrevocable, perpetual and royalty-free right to use,
reproduce, edit, display, transmit, prepare derivative works of,
modify, publish and otherwise make use of the information in any and
all media, whether now known or hereinafter created, throughout the
world and for any purpose. In addition to other things, the rights
granted to PortfolioReminder includes but is not limited to the right
to resize, crop, censor, compress, edit, feature, caption, affix logos
to, and to otherwise alter or make use of the submitted photo;
By submitting information to PortfolioReminder, you hereby represent
and warrant that the submitted information does not and shall not
infringe on any copyright, any rights of privacy or publicity of any
person, or any other right of any third party, and you have the right
to grant any and all rights and licenses granted to PortfolioReminder
herein, including but not limited to all necessary rights under
copyright, free and clear of any claims or encumbrances;
You acknowledge and agree that PortfolioReminder shall have no
obligation to post, display or otherwise make publicly available any
information submitted by you, and may, in its sole and unfettered
discretion, remove, edit, modify or delete any information that you
submit to PortfolioReminder;
You understand and intend that any information submitted by you to
PortfolioReminder may be available for viewing, rating, review and
comment on by the public, and understand that comments or ratings with
which you disagree or are unhappy about may be published or otherwise
become associated with any information you submit to PortfolioReminder.
By submitting any information to PortfolioReminder, you hereby waive
any privacy expectations that you may have with respect to any such
information submitted by you to PortfolioReminder.
You hereby agree to hold PortfolioReminder and its affiliates,
subsidiaries, licensees sponsors and assigns harmless from and against,
and hereby waive any right to pursue, any claims of any nature arising
in connection with the inclusion in, publication via or display on any
PortfolioReminder site, or any other use authorized under these Terms,
of any information submitted to PortfolioReminder by you;
Information submitted by you to the Site shall be the property of
PortfolioReminder, and PortfolioReminder shall have no obligation to
preserve, return or otherwise make available to you or others any
information so submitted.
Awarding Prizes
Winners are solely responsible for all taxes and/or fees that may be
incurred. All cash winners are required to verify proper and legal
picture identification and Social Security number within 30 days of
notification of winning the cash prize. Winner may forfeit any and all
cash winnings if verification cannot or has not been made within 30
days. Upon proper verification, cash winnings will be awarded by check,
and mailed to winner's mailing address within seven (7) business days.
Each prize winner must supply PortfolioReminder with his/her legal
name, mailing address, birth date, day time and night time telephone
numbers. In the case of a cash winner, winner must also supply social
security number.
Winners may not request substitutions of prize winnings. All winners
are solely responsible for any and all taxes and/or fees, and all such
additional costs that may be incurred.
Neither PortfolioReminder, PortfolioReminder sponsors, nor employees of
PortfolioReminder or sponsors may be held liable for any warranty,
costs, damage, injury, or any other claims incurred as a result of
usage of any winners of a prize once possession has been taken of the
product by winner. PortfolioReminder is not liable for any loss arising
out of or in connection with or resulting from any contest promoted by
PortfolioReminder.
If the specified prize becomes unavailable due to unforeseen
circumstances, PortfolioReminder may substitute a prize of like or
equal value.
Management, employees and families of PortfolioReminder are prohibited
from winning any prizes awarded by PortfolioReminder.
PortfolioReminder reserves the right to alter any rules of any contest
at anytime. If you have any questions or complaints about a
PortfolioReminder contest, please contact us.