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Terms of Use Agreement

[Click here to read the Privacy Policy]

Read This Terms of Use Agreement Before Accessing JubakPicks.com

Effective Date: This Terms of Use Agreement was last updated on March 4, 2011

This Terms of Use Agreement sets forth the standards of the use of the JubakPicks.com Online Service.  By using JubakPicks.com you (the “Member”) agree to these terms and conditions.  If you do not agree to the terms and conditions of this agreement you should immediately cease all usage of this blog.  We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notices.  Modifications shall become effective immediately upon being posted at JubakPicks.com. Your continued use of the Service after amendments are posted constitutes and acknowledgement and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.

While you are here there are some general rules we require all visitors to abide by, and by accessing, browsing and otherwise using JubakPicks.com (“the blog”) you acknowledge that you have read, understood, and agree to be legally bound by the Terms of Use outlined here as well as by the terms stated in our Privacy Policy, which can be found HERE.  You further certify that your use of the blog constitutes your agreement to do so only for your own personal, non-commercial use

Copyright

All the content and materials on this site, including, but not limited to, editorial content, data, text, illustrations, photographs, video & audio clips, icons, graphic images, and software, are owned by and are the copyrighted materials of Jim Jubak or JubakPicks.com, or are used here by agreement with a third party. You may not distribute, copy, reproduce, display, republish, download, upload or transmit any material or content of any sort for commercial use.

As between JubakPicks.com and you, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights are the sole property of the blog.  Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the blog or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

You may not “frame” or “mirror” any content or material on this blog on any other server.  Any unauthorized use of any content or material contained on this blog may violate copyright laws, trademark laws, or the laws of privacy and are strictly prohibited.

Children and Minors

This blog is directed towards adults and we do not knowingly allow anyone under the age of 13 to provide us with any personal identifying information.  In using this blog and agreeing to abide by the Terms of Use outlined here you certify that you are not under the age of 13. JubakPicks.com may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Financial Information

Jim Jubak and the blog JubakPicks.com do not offer investment advice. Jim Jubak has no way of knowing the individual circumstances of any reader or whether any specific investment idea is suitable for any particular investor.  He is not acting as an investment advisor and nothing on the blog JubakPicks.com should be construed as investment advice or as an endorsement of any specific security or trading strategy. The blog is intended only to offer a forum for investment ideas and discussion. An investor’s best course of action must be based on individual circumstances. The information on JubakPicks.com is proprietary to Jim Jubak. Neither Jim Jubak nor JubakPicks.com receives any compensation from any company for publishing information or opinion on its stock.

Links to Other Websites

Periodically we may link to third party website.  We provide these links solely for your convenience and to provide additional information and resources that we believe might be of interest to you. If you use these links you will be leaving JubakPicks.com and you acknowledge that we do not have any control over those sites and are not responsible for their content or their policies.  Your use of a third party site is governed by its own Terms of Use and Privacy Policies. We encourage you to read the Terms and Policies of any blog or website you visit, whether by a link from our site or any other means.

Modifications and Interruption to Service

JubakPicks.com reserves the right to modify or discontinue the Service with or without notice to the Member.  JubakPicks.com shall not be liable to Member or an third party should JubakPicks.com exercise its right to modify or discontinue the Service.  Member acknowledges and accepts that JubakPicks.com does not guarantee continuous, uninterrupted or secure access to our blog and operation of our blog may be interfered with or adversely affected by numerous factors or circumstances that are outside of our control.

User  Submissions & Message Boards

This blog, its public message boards and any other communications service including the capability to post your own comments, participate in a chat room, newsgroup, or other interactive service (collectively, the “Services”) offered now or at a future time are provided to you solely for informational and entertainment purposes. By using the blog and other Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is false, inaccurate, misleading or otherwise violates these Terms of Service, JubakPicks.com reserves the right to terminate your subscription or membership and refuse any and all current or future use of the Services.

Email Policy

We use one of the top email service providers, MailChimp, to manage our email lists. Every time you receive an email from us you will have the option to unsubscribe via a link in the email footer. You may also unsubscribe from our emails by un-checking the appropriate box in the Jubak Emails section of your profile page. [Note: to access your profile page log-in to JubakPicks.com and click the link in the upper right-hand corner that says "Welcome, your name."] We never share email addresses with any third party — we don’t trade, sell, or give them away under any circumstances.

Further, you agree not to:

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, photographs, graphics, video & audio messages or other materials, including any Contribution, (collectively, “Content”), that is bigoted, hateful, or racially or otherwise offensive; violent, vulgar, obscene, pornographic or otherwise sexually explicit; otherwise harms or can reasonably be expected to harm any person or entity; or is unlawful, threatening, abusive, harassing, tortious, defamatory, libelous, deceptive or fraudulent;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or that violates the right of privacy (specifically you must not distribute another person’s personal information of any kind without their permission in writing) or publicity; or any confidential obligation;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, such as “junk mail” or any other form of unlawful solicitation;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

You understand that any postings you make on the blog will be deemed non-confidential. Any action taken by a user of the Message Boards based on information presented there is at your own risk.

Violations

You understand that neither the blog nor its affiliates are responsible for material or information submitted or posted to the site by users. Furthermore, JubakPicks.com does not pre-screen, monitor, review or edit the Content posted by users. However, the management of JubakPicks.com have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part that it feels does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate.

We reserve the right to seek all remedies available by law or in equity for violations of these Terms, including the right to block access from a particular Internet address to this blog.

Report Abuse

You agree to immediately notify JubakPicks.com of any unauthorized use of the Service or any other breach of security that you know of or suspect. If you become aware of any misuse of the blog or wish to complain about any material posted by another user on the Message Boards, or if you believe that any of your rights have been violated please contact us by using this Contact Us email form which can be found in a link at the bottom of every page on this website.

Liability

THE BLOG, AND ALL INFORMATION, DATA, MATERIALS AND OTHER CONTENT (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND SOFTWARE) PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THE BLOG OR ANY BLOG CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY.  TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF JUBAKPICKS.COM, ITS AFFILIATES AND ITS LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT; OR WITH RESPECT TO THE OPERATION OR USE OF THE BLOG; OR OF THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, CURRENCY OR TIMELINESS OF ANY BLOG CONTENT.

YOU AGREE THAT NEITHER JUBAKPICKS.COM NOR ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (“RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE BLOG. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS’ FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITE.

YOU EXPRESSLY AGREE AS A CONDITION OF USING THE BLOG THAT NEITHER JUBAKPICKS.COM NOR ITS EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE, or (vii) ANY OTHER MATTER RELATING TO THE SITE.

Upon a request by JubakPicks.com, you agree to defend, indemnify and hold JubakPicks.com its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the blog or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. JubakPicks.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with JubakPicks.com in asserting any available defense.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of New York State for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.

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.

If you have any questions about the Terms of Use or the Privacy Policy please click here.



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