Terms of Use - GStock Free stock picks, stocks and stock market quotes

GSTOCK Terms of Use and End User License and Service Agreement (" Agreement")

September 2006

For GSTOCK’s terms of use please review the following agreement, the GSTOCK Privacy Policy, and any other terms of use document available on or through www.gstock.com ("GSTOCK Web Site").

The Software and the Services and Information provided on or through the GSTOCK Web Site are being licensed to you by GRIDSTOCK Inc. in A TIME LIMITED VERSION ONLY and are provided to you on an "AS IS" basis, for your private personal use only. You may use the Software and the Services and Information provided on or through the GSTOCK Web Site solely in accordance with the terms and conditions hereof. It is specifically agreed that any use of the Software and the Services and Information in any manner or for any other purpose except as permitted hereunder, shall constitute a material breach of this Agreement and shall entitle GRIDSTOCK Inc. to immediately terminate the Agreement. You will not receive or acquire any right, title, ownership or interest in the Software, the Services and Information, any applicable patents, copyrights or trade secrets, and you acknowledge the sole ownership of GRIDSTOCK Inc. and or its third party content providers of the Software, the Services and Information, and all rights, title and interest therein or relating thereto. You may not, in any way, sublicense the Software and/or the Services and Information. You acknowledge and are aware that (i) the Services and Information, are in NO WAY advisory or a recommendation of any kind; (ii) that the use of the Services and Information as a basis for securities trading decisions of any kind involves a high degree of risk; (iii) there are no assurances whatsoever as to the future performance of Services and Information or that any profits from the use thereof will be gained; and (iv) you might suffer high losses as a result of the use of the Services and Information as a basis for securities trading decisions; (v) that the Services and Information are not error free and may be inaccurate.

This Agreement and the GSTOCK Privacy Policy (together the "GSTOCK Terms of Use") are available on or through the GSTOCK Web site and shall apply to any use of any version of the Software and the Services and Information. It is clarified that the applicable GSTOCK Terms of Use documents shall also apply to any use of any application, plug-in, software or program created or made available by GRIDSTOCK Inc. (the "GSTOCK Applications"). In case of contradiction between a provision of the Terms of Use document dedicated solely to such GSTOCK Applications and any provision in this Agreement or in any of the GSTOCK Terms of Use documents available on or through GSTOCK Web Site, the provision of the specific Term of Use document shall prevail, unless the provision in this Agreement or in any of the GSTOCK Terms of Use documents reflects narrower responsibility on behalf of GRIDSTOCK Inc. than the appropriate provision in the specific Term of Use document. Any reference made in this Agreement to GRIDSTOCK Inc. shall be deemed to have been made to GRIDSTOCK Inc., its subsidiaries, successors, assignees, affiliates as well as any company that controls or holds any rights in GRIDSTOCK Inc., directly or indirectly, and any other subsidiary of that controlling company.

By installing the Software you agree to enable GRIDSTOCK Inc. to access the unused computing power on your computer or computers for aggregation and use in distributed computing of any kind and method as GRIDSTOCK Inc. decide, at its sole discretion. You acknowledge and are aware that (i) once the Software is installed, it will download data from the GRIDSTOCK Inc. network, systems, servers or computers, to the computer on which you installed the Software for processing; and (ii) the software will send results of its processing to the GRIDSTOCK Inc network, systems servers or computers;

You agree not to (i) extract information from the Software or the Services and Information, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Software and the Services and Information, the communications protocol or any information available on, derived or extracted from the Services and Information, or any part thereof; or (ii) connect, use, attempt to connect or use in any way the Software or the Services and Information, for any commercial purpose and any other purpose that is not for your private personal use in good faith and as explicitly offered on the GSTOCK Web site.

You agree that GRIDSTOCK Inc. is permitted to limit, deny, create different priorities to different users, update or cancel some or all of the functionality of the Software and the Services and Information at any time, without prior notice. As part of the Services and Information, GRIDSTOCK Inc. may, but not obligated, in its sole discretion, enable you, for charge or free of charge, full or limited access to GRIDSTOCK Inc's network, system, GSTOCK Web Site, GRIDSTOCK Inc.'s servers, GSTOCK Applications, information and databases, including, graphs, illustrations, demonstrations, publications, representations, calculations or statistics, commercial activities related thereto or any part thereof (collectively the "Services and Information"). GRIDSTOCK Inc. makes no warranties or guarantees as to the availability, reliability or accuracy of the Services and Information to you or to any other user. The Software, the Services and Information functionality or any part thereof including without limitation, the access to the Services and Information granted to you or to any other user and/or the availability and functionality of any feature and function, including without limitation GSTOCK Applications developed by GRIDSTOCK Inc. or by third parties, may be changed, updated, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason or no reason by GRIDSTOCK Inc. in its sole discretion ("Changes of Functionality"). GRIDSTOCK Inc. may elect to, but is not obligated to, introduce or grant different grades of service and listings policies, different levels of access or no access at all and different priorities to different users or to different functions, or to users of different versions of the Software and the Services and Information, or introduce new features in this or in future versions of the Software and the Services and Information that may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, including functionality changes in privacy and security features ("Grant of Different Services"), at any time without prior notice, at its sole discretion. You agree to bear the risks of and hold GRIDSTOCK Inc. harmless for any and all effects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Software and the Services and Information, in whole or in part. GRIDSTOCK Inc. may elect in its sole discretion to condition the continuation of access to the Services and Information, on your accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software, the Services and Information or to a revised or new GSTOCK Terms of Use.

By using the Software, the Services and Information or any part thereof, you agree to and acknowledge the following: (i) if you decide to download and install the GSTOCK Application, computing power of your computer system may be used by GRIDSTOCK Inc., without any notice, from time to time, at the sole discretion of GRIDSTOCK Inc.; (ii) GRIDSTOCK Inc. may use such computer power for commercial purposes, and may gain profits from such use; (iii) The use of such computer power by GRIDSTOCK Inc. would not, in any event whatsoever, entitle you to any consideration, fee or any other payment from GRIDSTOCK Inc. or from any other users or clients of GRIDSTOCK Inc. or to any rights in the information derived from such use (iv) You irrevocably, ultimately and unconditionally, waive any and all rights, claims, demands and/or actions towards GRIDSTOCK Inc with regard to the use of such computer power; (v) Settings, technical and other information from your computer, such as your operating system, the Software and browser versions, connectivity, various communication parameters and other information related to the operation and interaction of the Software and any other GSTOCK Application ("Parameters") may be collected by GRIDSTOCK Inc., subject to the provisions herein. Parameters are collected, if collected, at any time, it is solely in order to improve the providing of, or access to, the Services and Information and to improve the Software; and (vi) Notwithstanding anything herein, GRIDSTOCK Inc. may offer you access to different services that are provided by a third party ("Partner") separately or together with GRIDSTOCK Inc. ("Co-Branded Service"). Any information you choose to provide on any Co-Branded Service's Page or any other information derived from your usage of the Partner's services, may be used or disclosed by both GRIDSTOCK Inc. and the Partner subject to their respective privacy policies. A Co-Branded Service Page is a page or form, which bears GRIDSTOCK Inc. and/or Partner's names and/or links from the GSTOCK Website, branding, graphics or anything else that may indicate that the page or the Co-Branded Service are offered by GRIDSTOCK Inc. and provided by the Partner, separately or together with GRIDSTOCK Inc.. Please make sure to read both Partner's andGSTOCK's Terms of Use and privacy policies before entering or providing information to a Co-Branded Service Page; (vii) You shall not use or rely on GSTOCK Web site, the Software, the Services and Information or any other program, information or service whatsoever related thereto for "Mission Critical" or "Content Sensitive" applications and use, and you shall not use them in parallel or on the same computer together with "Mission Critical" or "Content Sensitive" applications. For the purpose of this Agreement "Mission Critical" applications and use shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.

You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name, which GRIDSTOCK Inc. deems in its sole discretion to be profane, offensive or in any other way unacceptable. You are entirely liable for all activities conducted through the GSTOCK Web Site, including through the chat feature or any other feature of the Services and Information.

Unless produced by GRIDSTOCK Inc., the information you access or receive by using the chat within GSTOCK Services and Information, or information sent to you by other users, is provided, by the users, and entered or posted by them, and is not reviewed, controlled, examined, verified or endorsed by GRIDSTOCK Inc. in any way. By using the Services and Information you agree to (i) Determine whether the information complies with your needs; (ii) Ensure that you have adequate legal rights to make use of any information in the manner used by you; and (iii) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, trade secrets, defamation, decency, privacy, security and export laws and any other applicable laws.

All of the information on the Services and Information is for educational and entertainment purposes only. GRIDSTOCK Inc. is neither an investment advisory service nor an investment advisor. GRIDSTOCK Inc. does not advise nor suggest to you or to any other person, how to manage your or their securities portfolio. GRIDSTOCK Inc. does not advise nor suggest what securities you should buy or sell, when you should buy or sell, or why you should buy or sell. Trading and investing involves a very high degree of risk. Past results are not indicative of future results or returns. While the information is believed to be accurate and the historical statistics and back-tests are bona fida offered, none of the information provided by the Services and Information should be considered reliable for use in making actual investment decisions. None of the information provided by the Services and Information is guaranteed to be accurate, complete, useful or timely, or consistent with any economic or investment methodology. GRIDSTOCK Inc. and its third-party providers do not warrant or guarantee any accuracy, completeness, usefulness or timelines. GRIDSTOCK Inc. does not sponsor or promote any of the securities or financial instruments or indices listed on the GSTOCK Website or on the Services and Information. It is entirely possible that any member of the GRIDSTOCK Inc. staff, including its directors, managers, employees, agents or any affiliated party may at any time at its sole direction, buy, sell, or hold any of the securities listed on the GSTOCK Website or the Services and Information.

You assume all risk associated with investment decisions you made on the basis of Services and Information. Prior to the execution of a stock trade or any other financial instrument trade, you are advised to consult with your broker or other financial advisor to verify pricing and other information. GRIDSTOCK Inc. and its Partners shall have no liability for investment decisions based upon the Services and Information.

GRIDSTOCK Inc. is not responsible for any forms of interpersonal communications available on or through the Services and Information, users' personal data, user posted Web site material, users' postings, submitted on or through the Services and Information or residing on GRIDSTOCK Inc.'s servers. GRIDSTOCK Inc. may erase, remove, delete, delay, jam or alter such information without prior notice, for functional or any other reason.

GRIDSTOCK Inc. does not want to receive any confidential, secret or proprietary information and material from you through the GSTOCK Web site, GRIDSTOCK Inc.'s mail and e-mail addresses, the Services and Information or in any other way, including but not limited to corporate confidential information, deals, forecasts, estimations, and any other information that does not already legitimately exist in the public domain. Any information or material (" Material") submitted, posted or sent to GRIDSTOCK Inc., will be deemed not to be confidential or secret.

GRIDSTOCK Inc. makes no and hereby specifically disclaims all warranties, express or implied, including, without limitation, those of merchantability, non infringement and fitness for a particular purpose, with respect to the Software, the Services and Information or any part thereof, unless such warranties are legally incapable of exclusion. GRIDSTOCK Inc. does not warrant, guarantee or make any representations regarding the use or the results of the use of the Software, the Services and Information or the GSTOCK Web Site in terms of the accuracy, reliability, quality, validity, stability, suitability, completeness, correctness, or otherwise of their contents or products, unless such warranties are legally incapable of exclusion. The entire risk as to the results and performance of the Software, the Services and information or any part thereof, is assumed by you.

GRIDSTOCK Inc. does not warrant or guarantee that (i) the Software, the Services and Information or any part thereof will be uninterrupted or error-free or that defects in the Software and the Services and Information will be corrected. GRIDSTOCK Inc. does not warrant or guarantee that all Software and Services and Information versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the Services and Information; (ii) that the Software or the Services and Information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; and (iii) that the information available on or through the Services and Information will not contain material which some individuals may deem objectionable.

You acknowledge and are aware of security and privacy limitations including but not restricted to (i) the limitation of security, privacy and authentication measures and features in the Services and Information; (ii) that data and information on the Services and Information may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "impostoring", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer or other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient; and (iii) that the security and privacy features available on the Services and Information, are provided to you as a convenience only and may not operate according to their description or may not operate at all;

GRIDSTOCK Inc. does not and shall not be responsible for any special, incidental, indirect or consequential damages. In no event will GRIDSTOCK Inc.'s liability with respect to this Agreement exceed the amount you paid, if you paid, to GRIDSTOCK Inc. for the charge of one-month fee for using the Services and Information. In no event shall GRIDSTOCK Inc. be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Services and Information or the transmission or delivery of all or any part thereof, for any damage arising thereof or occasioned thereby, or for the results obtained from the use of the Services and Information. GRIDSTOCK Inc. will not be responsible if the Software and/or the Services and Information infects or contaminates a user's system or information. The entire risk as to the quality and performance of the Software and the Services and Information and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.

In no event will GRIDSTOCK Inc. be liable to any party (i) for any indirect, special, punitive, incidental or consequential damages, including, but not limited to, damages for loss of personal or business profits, personal or business interruption, loss of programs or information, and the like, or any other damages arising in any way out of the availability, use, reliance on, or inability to use the Software and/or the Services and Information, even if GRIDSTOCK Inc. shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of any information

All Services and Information are protected by copyright, and owned or controlled by GRIDSTOCK Inc., or its Partners. You must access the Services and Information manually by request and not programmatically by macro or other automated means. You may not use the contents for any unlawful purpose.

Any Distribution of the Services and Information for commercial purposes is strictly prohibited.

You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Terms of Use, including GRIDSTOCK Inc.'s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than GRIDSTOCK Inc.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

GRIDSTOCK Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.

GRIDSTOCK Inc. may change, from time to time, the GSTOCK Terms of Use with or without a release of a new version of the Software and/or the Services and Information. By continuing to use the Software and/or the Services and Information, for a period of 7 days after a notice of such change has been provided on the GSTOCK network or GSTOCK Web site for the first time, you signify your consent to the new or revised set of the GSTOCK Terms of Use. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the GSTOCK Web site if such Agreement is marked with a more recent date than that on the Agreement that accompanies the Software and/or the Services and Information.

GRIDSTOCK Inc. may charge fees for the Services and Information or any part thereof. You agree to pay all fees, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. GRIDSTOCK Inc. reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you. All sales are final. We have a NO REFUND POLICY unless explicitly said in the GSTOCK Web Site or the Services and Information. Once you submit your order, it is non-refundable. Only in cases of fraud will the payment be refunded.

You should not: (i) harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another user of the Software and/or the Services and Information; (ii) transmit via the Software and/or the Services and Information data, text, links, chat, content, communication or other materials and terms of expression that are offensive, racial, discriminating, unlawful, misleading, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; (ii) transmit via the Software and/or the Services and Information any Information that infringes any patent, trademark, trade secret, copyright or other proprietary right; (iv) disrupt the normal use of the Software and/or the Services and Information or otherwise act in a manner that negatively affects other users of the Software and/or the Services and Information; (v) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (vi) intentionally or unintentionally violate any applicable local, state, national or international law; (vii) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of the Software and/or the Services and Information or any part thereof; (viii) Impersonate any person, leader, GRIDSTOCK Inc. official, operator or host. Even if you have paid for the Services and Information or any part thereof, GRIDSTOCK Inc. reserves the right to terminate ALL of your accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct - fees WILL NOT be refunded.

The laws of the State of Antigua, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software and/or the Services and Information may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with GRIDSTOCK Inc. or relating in any way to your use of the Software and/or the Services and Information resides in the courts of Antigua and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Antigua in connection with any such dispute including any claim involving GRIDSTOCK Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and/or content providers. The above assurance and commitment as well as all warranties, representations, indemnity clauses and restrictions contained in this agreement and in the GSTOCK Terms of Use, shall survive termination of this agreement.

You agree to abide by applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to GSTOCK Web Site and/or Services and Information any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

GRIDSTOCK TM and GSTOCK TM are trademarks of GRIDSTOCK, Inc.

You may install the Software on a computer system only if you own the computer system, have the right to install the Software or you have the authorization thereto. In case you are not the owner of the computer system on which you installed the Software nor you have right to install the Software nor you have the authorization thereto you should un-install the Software Immediately.

IMPORTANT INFORMATION: No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given or in any manner endorsed by GRIDSTOCK Inc. or any of its affiliates. Past performance, whether actual or indicated by historical tests of strategies, is no guarantee of future performance or success; Active trading is generally not appropriate for someone of limited resources, limited investment or trading experience, or low-risk tolerance; there is a risk of loss in security trading that is not suitable for all investors.

No representation is being made that any account will or is likely to achieve profits or losses similar to those shown or discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results. Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight.

BY ENTERING AND/OR USING THE GSTOCK WEBSITE AND/OR SERVICES AND INFORMATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND THAT YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, GRIDSTOCK INC. IS NOT WILLING TO PROVIDE YOU THE SOFTWARE AND/OR THE SERVICES AND INFORMATION, YOU ARE NOT ALLOWED TO USE THE SOFTWARE AND/OR THE SERVICES AND INFORMATION AND YOU SHOULD LEAVE THE GSTOCK WEBSITE AND/OR SERVICES AND INFORMATION IMMEDIATELY.