
Thank you for using the Saunders Capital Services. The services include, but are not limited to, the equity suite and forum. By using theSaunders Capital Services, you agree to these terms of use (the "Terms of Use"). If you disagree with any of the terms below Saunders Capital does not grant you a license to use the Saunders Capital site and services. In the event of any inconsistency between these Terms of Use and the our disclaimer, these Terms of Use control. Saunders Capital reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://saunderscapital.com/terms.html. Saunders Capital may change these Terms of Use by posting a new version without notice to you. Use of the Saunders Capital site and services after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
The Saunders Capital Services are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Saunders Capital Services, all updates, revisions, substitutions, and any copies of the Saunders Capital Services made by or for you. All rights not expressly granted to you are reserved by Saunders Capital.
a. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the Saunders Capital Services and any updates provided by Saunders Capital (in its sole discretion) for your own noncommercial use or benefit. Your license to the Saunders Capital Services under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Saunders Capital Services. Saunders Capital Services may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) Saunders Capital publicly posts a written notice of termination on the Web site, (iii) Saunders Capital sends a written notice of termination to you, or (iv) Saunders Capital ceases providing access to the Saunders Capital Services to you.
c. YOU WILL NOT:
(i) use the Saunders Capital Services in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(ii) use the Saunders Capital Services in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;
(iii) sell, lease, or sublicense the Saunders Capital Services or access thereto or derive income from the use or provision of the Saunders Capital Services, whether for direct commercial or monetary gain or otherwise, without Saunders Capital's prior, express, written permission; or
(iv) use the Saunders Capital Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the Saunders Capital documentation, as determined by Saunders Capital in its sole discretion.
(v) sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the Saunders Capital Services or any of its components or any content contained therein, including, without limitation advertisements or search links that may be included in the Saunders Capital Services. In addition, You will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the Saunders Capital Services or any portion of the Saunders Capital Services for any purpose.
2. Ownership and Relationship of Parties.
The Saunders Capital Services may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Saunders Capital's rights apply to the Saunders Capital Services and all output and executables of the Saunders Capital Services, excluding any software components developed by you which do not themselves incorporate the Saunders Capital Services or any output or executables of the Saunders Capital Services. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. Saunders Capital owns all rights, title, and interest in and to the Saunders Capital Services. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Saunders Capital, including (but not limited to) the Saunders Capital Services.
3. Support.
Saunders Capital may elect to provide you with support or modifications for the Saunders Capital Services (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Saunders Capital may change, suspend, or discontinue any aspect of the Saunders Capital Services at any time, including the availability of any Saunders Capital Services. Saunders Capital Services may also impose limits on certain features and services or restrict your access to parts or all of the Saunders Capital Services or the Saunders Capital Web site without notice or liability.
4. Fees and Payments.
Saunders Capital reserves the right to charge fees for future use of or access to the Saunders Capital and Web sites (collectively, "Saunders Capital Services") in Saunders Capital's sole discretion. If Saunders Capital decides to charge for the Saunders Capital Services, such charges will be disclosed to you in advance.
5. Disclaimer of Any Warranty.
SAUNDERS CAPITAL DOES NOT REPRESENT OR WARRANT THAT ANY SAUNDERS CAPITAL SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE SAUNDERS CAPITAL SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SAUNDERS CAPITAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF SAUNDERS CAPITAL SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY SAUNDERS CAPITAL SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
6. Limitation of Liability.
SAUNDERS CAPITAL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SAUNDERS CAPITAL SERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SAUNDERS CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SAUNDERS CAPITAL BE LIABLE TO YOU FOR ANY AMOUNT.
7. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Saunders Capital, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Saunders Capital Services.You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
9. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Saunders Capital and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Saunders Capital Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Saunders Capital shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms.
10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Saunders Capital shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Saunders Capital, express or implied, and you shall not attempt to bind Saunders Capital to any contract.
10.2 Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
10.3 Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Saunders Capital shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Saunders Capital agree to submit to the personal jurisdiction of the courts located within the county.
10.4 No Waiver of Rights by Saunders Capital. Saunders Capital's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
10.5 Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Saunders Capital and you with respect to the subject matter hereof.