PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, whether or not you have read these terms and conditions, you signify YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. Microcap Reporting, LLC ("Microcap Reporting" or "Microcap Reporting") may modify these terms and conditions of service at any time. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Microcap Reporting and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for all Web sites owned and operated by Microcap Reporting. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual quotes, information, data and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3. Intellectual Property Infringement Claims: It is Microcap Reporting's policy to respond promptly to claims of intellectual property infringement and to terminate subscribers who repeatedly post infringing material on websites maintained by Microcap Reporting. Microcap Reporting will promptly investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Microcap Reporting will act expeditiously to remove any material or any link to material that is claimed to be infringing. In the event that Microcap Reporting receives information claiming that any material posted on its websites infringes the intellectual property of some person, Microcap Reporting may attempt to contact the subscriber who has posted the material in order to give the subscriber an opportunity to respond to the notice of infringement. Any and all responses to the notice of infringement will be furnished to the complaining party. Microcap Reporting will give the complaining party an opportunity to seek judicial relief prior to restoring any material as a result of the response to the notice of infringement. Notices of any claimed infringement should be sent to ___________ or via mail to Microcap Reporting, LLC, 3116 W. North A Street, Tampa, Florida 33609. Please put NOTICE OF INFRINGEMENT in the subject line of all such notifications.
4. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Microcap Reporting. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Microcap Reporting and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Microcap Reporting and such others. You agree to protect the proprietary rights of Microcap Reporting and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Microcap Reporting or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Microcap Reporting in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
5. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT MICROCAP REPORTING'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF MICROCAP REPORTING'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MICROCAP REPORTING. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF MICROCAP REPORTING'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH MICROCAP REPORTING'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF MICROCAP REPORTING'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.
6. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Microcap Reporting ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
7. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Microcap Reporting, at all times be and remain the sole and exclusive property of Microcap Reporting. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Microcap Reporting for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Microcap Reporting's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Microcap Reporting's prior written approval.
8. Disclaimer. You acknowledge that, in providing the Service, Microcap Reporting is not soliciting or recommending the purchase or sale of any security and that Microcap Reporting and/or persons supplying quotations or other information in the Service are not making solicitations or recommendations in any jurisdiction where they are not licensed to do so or within which such solicitation would be unlawful. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Microcap Reporting makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Microcap Reporting does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Microcap Reporting. Microcap Reporting is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Microcap Reporting does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Microcap Reporting is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Microcap Reporting and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
9. Further Disclaimer. You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes, (ii) the Service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources, (iii) Microcap Reporting does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Microcap Reporting is a party.
10. Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER CAUSED BY MICROCAP REPORTING, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE, SHALL MICROCAP REPORTING, ITS OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, SUPPLIERS AND THIRD-PARTY AGENTS BE, DIRECTLY OR INDIRECTLY, LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY INJURY, DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF A MICROCAP REPORTING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, OR LOSSES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS OR ANY OTHER LOSSES, ARISING IN CONNECTION WITH (i) THE SERVICE, (ii) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIPMENT, (iii) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO QUOTES AND FINANCIAL DATA, (iv) DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE, (vi) USE OF OR INABILITY TO USE THE SERVICE, ANY LINKS OR ITEMS ON THE SERVICE, OR (vii) ANY PROVISION OF THE TOS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Microcap Reporting' total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
11. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Microcap Reporting and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Microcap Reporting, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Microcap Reporting, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
13. Termination. Either you or Microcap Reporting may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from Microcap Reporting if you, in Microcap Reporting' sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Microcap Reporting, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through fourteen (2-14) and seventeen through nineteen (17-19) shall survive any termination of the TOS.
14. Governing Law. These TOS shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Hillsborough County in the State of Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
15. Access Outside the United States. Microcap Reporting does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software from the Service is further subject to United States export controls and may not be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.
16. Miscellaneous. You accept that Microcap Reporting has the right to change the content or technical specifications of any aspect of the Service at any time at Microcap Reporting's sole discretion. You further accept that such changes may result in your being unable to access the Service.
17. Headings. The section titles in the TOS are used solely for the convenience of you and Microcap Reporting and have no legal or contractual significance.
18. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.
19. Entire Agreement. The TOS and any other terms and conditions of service on any Web site owned and operated by Microcap Reporting, including www.microcapreporting.com and their respective successors, constitute the entire agreement between you and Microcap Reporting and govern your use of the Service.