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Forum Agreement

Forum Registration Agreement
 
Important: Your registration as a forum member on this website is subject to legally binding terms and conditions. Please carefully read all of the applicable terms and conditions as set out below. If you accept these terms and conditions proceed with registration by clicking "I Agree" button. This action is the equivalent of your signature and indicates your acceptance of the terms and conditions and you intend to be legally bound by them. If there is an error in the terms and conditions or if you do not agree with them, please do not use the forum.
 
This forum usage agreement ("Forum Agreement") is between you, ("You") and PriceScope Inc. (the "Company") and is effective from the date that you type "I Accept" in the box below and submit the form. "We" and "Us" means both You and the Company. This Forum Agreement shall govern the relationship between Us with respect to Your use of the Site's discussion boards, chat rooms, and any other modes of communication facilitated or assisted by the Company (collectively "the Forum Service").
 
This Forum Agreement is an additional agreement to the TERMS OF USE found at: http://www.pricescope.com/disclaimer.asp, which you accept by using the Site.
 
1. USER IS RESPONSIBLE FOR CONTENT
 
All information, data, text, or other materials that is submitted using the Forum Service ("Content"), is the sole responsibility of the person from which such Content originated.
 
You, and not the Company, are entirely responsible for all Content that you make available via the Forum Service.
 
2. REMOVAL OF CONTENT
 
YOU ACKNOWLEDGE THAT THE COMPANY AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO MOVE OR REMOVE ANY CONTENT THAT IS AVAILABLE VIA THE FORUM SERVICE.
 
3. ACCURATE REGISTRATION DATA
 
In consideration of Your use of the Forum Service, You agree to:
 
(a) provide true and accurate, information about yourself as prompted by the Site's registration forms (such information being the "Registration Data"),
 
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and
 
(c) to choose a user name that is not inflammatory, vulgar, offensive, or promotional.
 
If You provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Forum Service (or any portion thereof).
 
All of the Registration Data that We collect from you is subject to our Privacy Policy. If you object to your personal information being transferred or used in this way, then do not provide us with any personal information.
 
4. USER NAME & PASSWORD
 
You will create an account by agreeing to this Forum Agreement and by choosing an acceptable user name and password. You agree not to create multiple accounts.
 
You are responsible for keeping the password confidential. You are fully responsible for any activities that occur under your password or user name. It is your responsibility to logout from your account at the end of each session.
 
You agree to notify the Company immediately of any unauthorized use of your password or user name or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
 
5. YOU AGREE TO USE COMMON SENSE
 
The Forum Service is a public venue. You understand that the Company does not prescreen or otherwise control the Content posted via the Forum Service. The Company cannot and does not guarantee the integrity, accuracy or quality of the Content.
 
When using the Forum Service, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained on the Forum Service may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm.
 
The Forum Service may, from time to time, offer links to other users for whatever reasons they deem fit, including but not limited to unsolicited advertisements. All links outbound from the domain and subdomains of www.pricescope.com are not the responsibility of the Company, it's affiliates, partners or staff members.
 
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE FORUM SERVICE.
 
6. FORUM RULES
 
You agree to not use the Forum Service to:
  1. make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. violate any applicable laws;
  3. make available any Content that contains unsolicited advertising;
  4. make available any Content that contains any use of personal information without the consent of the person whose information is being disclosed;
  5. make available any Content that contains personal attacks,
  6. post content that contains viruses or any other computer code designed to have a detrimental effect on any of the Company's computer software or hardware or telecommunications equipment;
  7. make available any Content that infringes the rights of any party including, a patent, trademark, trade secret, copyright, confidential information, or other proprietary rights of any party;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. interfere with the Forum Service or servers or networks connected to the Forum Service, and;
  10. collect or store personal information about other users.
When making Content available via the Forum Service you agree to:
  1. be descriptive, specific, and succinct in your postings;
  2. ensure that Your Content is relevant to the particular forum discussion posted to; and
  3. make a good faith effort to post helpful advice

7. LICENSE TO USE CONTENT
 
The Company does not claim ownership of Content you submit or make available for inclusion on the Forum Service. However, by making Content available via the Forum Service You automatically grant (or warrant that the owner of such materials expressly granted) to the Company a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.
 
You hereby waive all moral rights in any Content that you author and make available via the Forum Service. You warrant that all moral rights have been waived by the authors of any Content You make available.
 
The Company, it's staff and it's moderators reserve the full right to remove, edit or move posts by users at anytime without cause or notice.
 
8. INDEMNITY
 
You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of:
 
(i)     any information or other Content You make available via the Forum Service; or
 
(ii)   Your use or misuse of the Content or the Site, including without limitation infringement claims.
 
9. RELEASE
 
In the event that you have a dispute with one or more users, you release the Company (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 
10. DISCLAIMER
 
EXCEPT AS EXPRESSLY PROVIDED IN THIS FORUM AGREEMENT AND IN THE TERMS OF USE, THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
 
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED BY COMPANY OR OTHERWISE RELATED TO THIS FORUM AGREEMENT, EVEN IF THE COMPANY OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
 
FOR THE PURPOSES OF THIS SECTION, THE "COMPANY" SHALL INCLUDE THE COMPANY’S AFFILIATES AND THE COMPANY’S AND ITS AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
 
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
 



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