TERMS OF USE

Last updated December 26, 2009

Introduction

The following are terms of a legal agreement ("Agreement") between you and netgain advisors ("Company"). By accessing, browsing and/or using this web site ("Site") you acknowledge you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Please read this Agreement carefully and be aware that the Company may, in its sole discretion and without notice, revise these terms at any time by updating this posting.

Privacy policy

By using this web site, you accept the privacy policies on the Site.

User submissions

User submissions include, but are not limited to, wiki submissions, comments, and emails (“Submissions”). You automatically grant the Company a perpetual, royalty-free, non-exclusive, sublicensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, creating research reports, advertising and promotional purposes.

To the degree required by law, you, as an author, agree to be attributed in any of the following fashions: (a) through a hyperlink (where possible) or URL to the article or articles you contributed to, or (b) through a hyperlink (where possible) or URL to an alternative, stable online copy which is freely accessible and which provides credit to the authors in a manner equivalent to the credit given on this website, or (c) through a list of all authors. Any list of authors may be filtered to exclude very small or irrelevant contributions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. The Company does not and cannot review all information posted to the Site by users and is not responsible for such information. However, the Company reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

Importing content:

If you want to import content (text, images, etc.) you have found elsewhere or that you have co-authored with others, you can only do so if it is available under terms that are compatible with this Terms of Use policy.

If you import content under a compatible license which requires attribution, you must, in a reasonable fashion, credit the author(s). Where such credit is commonly given through page histories, it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. Regardless of the license, the text you import may be rejected if the required attribution is deemed too intrusive.

Company copyrights

All content and functionality on the Site, including text, images, graphics, videos, logos, and icons (collectively, the “Content”) and the selection and arrangement of the Content, is the exclusive property of the Company or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Use of site content

You can use Site Content only under the following conditions:

You always attribute the Content (including excerpts) to the Company and relevant Company URL(s).
Content is used under "fair use" exemptions, or similar exemptions of copyright law.
The Company permits links to Site Content. However, the Company does not grant any license or other permission for links or other use of the Site or its Content if (a) such use or link suggests that the Company promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) the linking party engages in any libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or other behavior objectionable to the Company at the Company's sole discretion. We reserve the right to withdraw permission for any link at any time.
Except as described in these Terms of Use, nothing contained on this Site should be construed as granting any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Company or such third party that may own the trademark or copyright of Site Content.
Complete or excerpted content from 10 or fewer wiki articles may be copied and displayed on other web sites and forms of media provided that Company attribution (including relevant URL’s) is provided at the top and bottom of the article or excerpt.
Printed and downloaded copies of any Content must not be modified in any way (e.g., removing Company logos, trademarks).
Written agreement with Company as to exceptions

The Company may change these conditions at any time and prior use of Content must comply with revised conditions.

Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER THE COMPANY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

Third-Party web sites

The Site contains links to other third party web sites. Since the Company is not responsible for these third party resources or their contents and we provide the links solely for your convenience, you should direct any concerns regarding any external link to a third party web site to the site administrator or Webmaster of such site.

Termination

The Company may terminate, change, suspend or discontinue any aspect of the Site or the Site's services (including, without limitation, content, features or hours of availability), at any time and for any reason or no reason. The Company may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of the Agreement or applicable law, or for any other reason without notice or liability. Once you have been banned from use of the Site, you may not thereafter use the Site under a new username or identity. The Company maintains a policy to terminate the Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of the Company).

Miscellaneous

The Agreement, and the relationship between you and us, shall be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Agreement shall be subject to binding arbitration in the State of California, County of San Francisco, United States of America. The Company’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.