Kable Media Services, Inc.
Terms of Use

This web site is provided to you free of charge, "as is", by Kable Media Services, Inc. ("KMS").

By your use of this website, and by using the information, services and products available through this web site, you are agreeing to the terms and conditions contained in this Terms of Use, and other terms and conditions that may be posted throughout this website and all pages linked thereto.

This web site may contain links to other KMS sites that contain additional Terms of Use. Your use of any KMS site shall also subject you to the Terms of Use of each of those sites. To the extent that the Terms of Use on any KMS site conflicts with any terms and condition contained herein, the Terms of Use of such site shall control.

Liability Disclaimer

The information, services and products available to you on this web site may contain errors and are subject to periods of interruption. KMS makes no representation or warranties with respect to any information, product or service offered through or by this web site, its constituent pages and any links therefrom. KMS provides opportunities for business partners to offer information, services and products on its web site, and cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the information, services and products offered through this web site or any link therefrom, or from any other use of this web site.

KMS PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL KMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFROMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF KMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE.

USE OF MESSAGE BOARDS

This web site contains certain message boards that are provided as a free service to users who agree to abide by the following terms and conditions. Please note that KMS does not review, monitor, screen or review any posting or message on its web site. All users visit and use the message boards at their own risk. KMS assumes no responsibility for the content, accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material on a message board or e-mail contained on, or sent through, this web site. In addition, KMS does not endorse any opinions or recommendations posted by others. The information posted here is the responsibility of the person or persons posting the message. Any user who violates the terms and conditions listed herein may be permanently banned from posting messages herein. Further, KMS reserves the right to change these terms and conditions at any time and for any reason.

You are entirely responsible and liable for any message you post or any message that is posted through your Account. You agree to refrain from the following actions while using a message board on this web site:

1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity;

2. Transmitting any information, data, text, files, links, software, chat, communication or other materials that are unlawful, harmful, threatening, abusive, invasive of another´s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable;

3. Impersonating any person, including but not limited to a KMS employee, or acting in any ways which otherwise violate any person´s personal or property rights;

4. Posting or transmitting any advertising, promotional materials, or any other forms of solicitation, including but not limited to "junk mail," "spam," "chain letters," or unsolicited mass distribution of e-mail;

5. Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual, fiduciary or other personal or property rights of any person or entity;

6. Starting a thread on a message board that has to do with a stock or stocks (any message found under such thread may be deleted without prior notice);

7. Providing false information on your registration form, or impersonating someone else;

8. Violating any applicable local, state, national or international law;

9. Selling any product or service without the written consent of KMS.

You agree that KMS in its sole discretion may remove posts by you or terminate your Account if it believes that you may have in any way violated the terms and conditions contained herein, or any subsequent modifications. Any suspected fraudulent, harassing, abusive or illegal activity may be grounds for termination of your Account without notice and may be referred to appropriate law enforcement authorities. KMS shall not be liable to you or any third party for the termination of your Account or any claims related to your termination. KMS does not prescreen, monitor or edit messages posted on its message boards or sent via e-mail. Nonetheless, KMS reserves the right to monitor or remove any information transmitted or received through the message boards or e-mail.

Notwithstanding the foregoing, KMS expressly disclaims any duty or obligation to monitor, edit, review, screen, or remove any information posted or other use of any message board or e-mail used by or through the KMS web site, whether brought to KMS´s attention or otherwise.

Should you object to any of the terms and conditions set forth herein or any subsequent modifications or become dissatisfied with the message boards in any way, your only recourse is to immediately; (1) discontinue use of the message boards; (2) terminate your Account; and (3) notify KMS of termination by sending an e-mail to webmaster@Kable.com. Any use of the message boards is an acceptance of the Terms of Use and any subsequent changes.

DISCLAIMER OF WARRANTIES FOR MESSAGE BOARDS

YOU EXPRESSLY AGREE THAT USE OF MESSAGE BOARDS CONTAINED ON THIS WEB SITE IS AT YOUR OWN RISK. KMS SHALL NOT BE RESONSIBLE FOR ANY CONTENT FOUND ON THESE MESSAGE BOARDS. KMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. KMS MAKES NO WARRANTY THAT ITS MESSAGE BOARDS WILL BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MESSAGE BOARDS ON THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

DISCLAIMER OF LIABILITY

KMS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE MESSAGE BOARDS CONTAINED ON ITS WEB SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON CONTENT CONTAINED IN ITS MESSAGE BOARDS. KMS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SERVICE E-MAILS

KMS reserves the right to send Members service e-mails notifying the Member of operational or other changes that may affect or significantly change the current services offered. Please note that Members cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Members´ Accounts.

INDEMNIFICATION

You agree to indemnify and hold KMS, its officers, directors, owners, agents and employees, harmless from any claim or demand, judgment, settlement, fines, costs, expenses and fees, including reasonable attorneys´ fees, made by any third party, or suffered by KMS, due to or arising out of your use of the message boards or e-mail on KMS´s web sites, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. KMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and at your cost and expense.

TERMINATION

KMS reserves the right to terminate your Account at any time for any reason, with or without notice. Once your Account is terminated, you agree not to post on the message boards, or to assist or cause another person to post messages on your behalf.

MISCELLANEOUS

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois, U.S., and you agree to submit to the personal jurisdiction of the courts of the State of Illinois. In the event that any portion of the terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the message boards or e-mail contained on these web sites, or the use of these web sites, must be filed within one year after such claim or cause of action arose.

COPYRIGHTED INFORMATION

All content in these web sites are Copyright @ 1996-2001 Kable Media Services, Inc. All rights reserved. All information and material on the KMS web site is owned and protected under the copyright laws of the United States and Berne Convention. In addition, the message boards on these web sites may contain material that is owned and copyrighted by other parties. Please contact us if you believe someone has posted copyrighted information on a message board contained on these web sites that has been wrongfully copied from another individual or entity.

TRADEMARK NOTICES

Marks that appear throughout these web sites belong to Kable Media Services, Inc., or in the cases of publications, products and services, its business partners, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout these web sites without the express written permission of Kable Media Services, Inc., or the respective owner of the publication, product or service is strictly prohibited.