Table of Contents
Last revised: March 13, 2011
1. Acceptance of Terms
EPG provides its users with access to:
Free content including blogs written by our employees and/or independent contractors and content created by our users on various parts of our website; and
Premium content written by our employees and/or independent contractors paid for by You through subscription (the "Premium Membership").
The Premium Member and any free information located on our website are collectively referred to herein as a "Service" or the "Services" subject to and in compliance with the terms and conditions set forth herein.
Current applicable subscription rates for Premium Membership can be found on our Membership page or by contacting our Customer Service Department via email at firstname.lastname@example.org .
2. Changes to the TOU and Our Services
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change all or any portion of the Service, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Outside Contributors or our employees who create our Premium Services, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement); or
Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TOU will be effective immediately. In the event that You have the TOU cached on your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a new service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Membership. You should check our TOU frequently.
3. Important Disclaimer Regarding the Information We Provide
EPG is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Service. In addition, certain employees may, from time to time, have long and short positions in, or buy or sell the investments, securities, or derivatives thereof, of companies mentioned in the Services and may take positions inconsistent with the views expressed.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are at least 15 minutes delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
4. Registration and Privacy
In order to gain access to portions of the Service, You must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
You may not transfer to or resell Your use of or access to the Services to any third party;
You are responsible for all activities that occur under Your account;
You are responsible for maintaining the confidentiality of Your user name, member name and password; and
You agree to notify us at email@example.com if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.
5. Subscription Cancellation for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.
Upon the commencement of your subscription which occurs either upon approval of your new membership application or on the anniversary of your subscription date when your membership is up for renewal, Your credit card will be billed the applicable subscription fee and Your paid subscription will commence or continue for another year.
Due to the nature of our business and the ability for members to have access information only available to them as a paid member, there are no refunds of any fees paid. Although Your subscription may be terminated, You will not be entitled to any refund, reimbursement, or other credit.
If You wish to cancel Your subscription, you must notify our Customer Service Department by email at firstname.lastname@example.org .
Please also read the Subscription Renewal provisions, below.
6. Subscription Renewal for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.
Your subscription will continue for one year (the "Term"), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription by contacting our Customer Service Department . You can contact our Customer Service Department via email at email@example.com.
If You do not notify us as described above, the then-applicable monthly or annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed).
In connection with recurring billing for subscription renewals, You authorize EPG to bill your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have thirty (30) days from the date of charge to notify us concerning any discrepancies in Your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all attorneys' and collection agency fees.
7. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the Service, You agree not to:
Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of any of our websites;
Use the Services for any unlawful purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
"Frame" or "mirror" any content available through the Services or any of our websites without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
Harvest or collect information about users of the Services without their express consent.
You also agree that at all times You will:
Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
8. User-Generated Content
Certain areas of the EPG website allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of our websites are the sole responsibility of the person from whom such content originated. You acknowledge that You, and not EPG, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via Services thereof. EPG does not control the User-Generated Content and as such, does not guarantee the accuracy, integrity or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.
In order to comment, users must register with a valid email address and select a user name, member name and password. Please see "Registration and Privacy" above for our TOU regarding registering.
The following is an incomplete list of illegal and prohibited uses of Services. EPG may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use EPG services to:
Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment You post.
Express or imply that any statements You make are endorsed by us, without our prior written consent;
Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
Impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent Your affiliation with or connection to any person, firm or entity.
Post any content which, either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization
Post any advertising, promotional materials, so called "chain letters", "pyramid" or other schemes or invitations to participate in these or any other form of solicitation or promotion.
Offer to sell or buy any product or service or use the services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.
Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind.
Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security. Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market and/or
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You may post only content owned by You, content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.
EPG expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of the our websites, You hereby grant, transfer and assign EPG a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. EPG does not and cannot review all of the User-Generated Content posted by users on the services and is not responsible for such content. You shall remain solely responsible for all material. Although EPG reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.
EPG retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, EPG has the right to delete any User-Generated Content that EPG believes, in its sole discretion, does or may violate the TOU.
You expressly agree that under no circumstances is EPG responsible, nor will EPG be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on our website, or any comment deleted by EPG or its agents from its website. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than EPG, posted on any of its websites.
9. Links to Other Websites
Your use of certain services made available to You by EPG may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any service You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for Your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all services and tools is solely at Your own risk.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
10. Limitation of Liability
NEITHER EPG NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY SERVICE USED OR PURCHASED THROUGH EPG, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED "INDEMNIFICATION" (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless EPG our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
EPG reserves the right to restrict, suspend or terminate Your use of and registration on its website at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. EPG reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of EPG, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund of any portion of the subscription fee paid by You.
You may terminate Your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.
13. Repeat Infringement
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.