1.CHANGES TO THE AGREEMENT.
GoldSilver.com™ is not a registered broker-dealer or licensed financial advisor. Before selling or buying any investment, you should consult with a professional broker or other financial professional to verify pricing information and to solicit advice as to the appropriateness of a given transaction or investment.
In order to access certain features of the Service, you will have to become a member of GoldSilver.com™ by subscribing and creating a GoldSilver.com™ account. When you create your account, you must provide accurate and complete information, and keep that information updated. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing GoldSilver.com™ through an Internet access provider or other third party service. You may never use another user's account without permission.
By providing GoldSilver.com™ your email address you consent to our using the email address to send you Service-related notices, including any notice required by law, in lieu of written communication by postal mail. We may use your email address to send you other messages, including changes to GoldSilver.com™ features and special offers. You may also unsubscribe to certain email communications at any time.
5.CODE OF CONDUCT
While using any GoldSilver.com™ product or service, you agree not to: (1) Restrict or inhibit any other visitor or member from using any GoldSilver.com™ product or service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the GoldSilver.com™ web site; (2) Use any GoldSilver.com™ product or service for any unlawful purpose; (3) Express or imply that any statements you make are endorsed by us, without our prior written consent; (4) Transmit (a) any content or information that violates any law or regulation or is fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); (5) Engage in spamming; (6) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (7) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the GoldSilver.com™ web site; (8) Remove any copyright, trademark, or other proprietary rights notices contained in the GoldSilver.com™ web site; (9) "Frame" or "mirror" any part of the GoldSilver.com™ web site without our prior written authorization; (10) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any GoldSilver.com™ product or service or its contents; (11) Harvest or collect information about visitors to or members of GoldSilver.com™ without their express consent; (12) or Permit anyone without an account or subscription to use any GoldSilver.com™ product or service through your subscription, user name or password. While using GoldSilver.com™ products or services you agree to comply with all applicable laws, rules and regulations.
6.LIMITATIONS ON USE
(a.) Access to the subscriber areas of GoldSilver.com™ is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access GoldSilver.com™ at the same time using the same user name or password, unless otherwise expressly permitted in writing by Goldsilver.com™. (b.) The content available through Goldsilver.com™, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all intellectual property rights related thereto, is our property or the property of GoldSilver.com™ or our licensors and is protected by copyright and other intellectual property laws. You may display or print the Content for your personal, non-commercial use only.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. GoldSilver.com™ reserves all rights in the Service and its Content not expressly granted herein. GoldSilver.com™ may terminate this license at any time for any reason or no reason. The right to publish written content on the website is not a part of paid subscription benefits, and publication of material created by users is always at the sole discretion of Goldsilver.com™. (c.) You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. Without limiting the generality of this Section, you agree not to post any Content from GoldSilver.com™ to newsgroups, mail lists or electronic bulletin boards, without our written consent. (d.) You agree not to use GoldSilver.com™ for any unlawful purpose. We reserve the right to terminate or restrict your access to GoldSilver.com™ at any time and without notice if, in our opinion, your use of GoldSilver.com™ may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family.
7.LINKS TO OTHER WEBSITES
8.DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
You agree that your access to and use of GoldSilver.com™ and the content available through GoldSilver.com™ is on an "as-is", "as available" basis. GoldSilver.com™ and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, information providers and contributors and licensors (the "GoldSilver.com parties") specifically disclaim any representation or warranty, express or implied, including, without limitation, any representation or warranty of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, the GoldSilver.com™ parties do not warrant: that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Your use of GoldSilver.com™ products or services, the materials on our web site and any materials provided through our website are entirely at your own risk. you acknowledge that the GoldSilver.com™ parties will not be liable (jointly or severally) to you or any other person as a result of your access or use of GoldSilver.com™ for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the GoldSilver.com™ parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. You agree that the maximum liability the GoldSilver.com™ parties for all damages, losses, and causes of action under this agreement shall be the total amount paid by you, if any, for access to any GoldSilver.com™ products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.??The Service is controlled from its facilities in the United States. GoldSilver.com™ makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Agreement contains the final and entire agreement between you and GoldSilver.com™ regarding your use of GoldSilver.com™ and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of Goldsilver.com™. GoldSilver.com™ may discontinue or change GoldSilver.com™ or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree to indemnify, defend and hold GoldSilver.com™ harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any GoldSilver.com™ products or services.??You must assume responsibility and liability for all decisions that you make on the basis of the information herein contained. GoldSilver.com™ makes no warranties, expressed or implied, as to the fitness and accuracy of the information provided or for the results obtained by using the information. Those making investment decisions based on any of the information presented should do so in the knowledge that they could experience significant losses. In no event shall GoldSilver.com™ be liable for direct, indirect, or incidental damages resulting from the use of the information.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws or principles.
It is the goal of GoldSilver.com™ and its affiliates to resolve any and all disputes or disagreements amicably and expeditiously. To this end, you and GoldSilver.com™ agree that all disputes and disagreements shall be resolved through "Mediation Court" with a neutral mediator selected by both parties. If one party decides to discontinue mediation and pursue trial and it is determined by the court that this party acted unreasonably in its pursuit, forcing the other party to incur unwarranted legal fees, the court may award attorney fees and court costs to the party that tried to resolve the matter through mediation.