Terms of Use for Blast Investor Real-time Plus Last revised: May 12, 2007 PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU BECOME A SUBSCRIBER TO BLAST INVESTOR REAL-TIME PLUS. BlastInvest, LLC ("BlastInvest," "BlastInvest.com," "we," or "us") provides its subscribers with access to Blast Investor Real-time Plus (the "Service"), for their individual usage, subject to compliance with the terms and conditions set forth herein. 1. Agreement In consideration of BlastInvest providing you with the Service, you agree to pay the applicable subscription fee and to comply with these Terms of Use (the "TOU"). Current subscription rates for the Service can be found on its offer page. If you do not agree to the terms and conditions contained in the TOU, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service. 2. Changes to the TOU We reserve the right at any time to:
3. Important Securities Disclaimer Henry Lu, writer of Blast Investor Real-time Plus, is a principal at Yelu Capital, LLC, a private investment firm as well as president of BlastInvest, LLC. Yelu Capital, LLC, and its affiliates, may, from time to time, have long or short positions in, buy or sell the securities, or derivatives thereof, of companies mentioned in Blast Investor Real-time Plus and may take positions inconsistent with the views expressed. At the time of publication, Mr. Henry Lu will be restricted in transacting for his own benefit in securities discussed in Blast Investor Real-time Plus in which he does or does not have a position at the time of publication of Blast Investor Real-time Plus. SPECIFICALLY, For securities that Mr. Lu holds at the time of publication of an issue of Blast Investor Real-time Plus, MR. HENRY LU WILL NOT BE PERMITTED TO SELL THE POSITION UNTIL FIVE TRADING DAYS FROM THE DATE THE SECURITY WAS FIRST DISCUSSED IN BLAST INVESTOR REAL-TIME PLUS. Blast Investor Real-time Plus contains Mr. Henry Lu's own opinions, and none of the information contained therein constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that Mr. Henry Lu will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in Blast Investor Real-time Plus may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Mr. Henry Lu's past results are not necessarily indicative of future performance. 4. Registration and Privacy In order to gain access to the Service, you must become a member of Paypal, our partner and payment processor by choosing email as User name and password, and supply us with true, accurate, current and complete information about yourself, as required on the subscription registration page. If you are already a member of Paypal, you may use the existing email and password you chose when you registered for membership. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. As a member, you also have certain other obligations relating to your account:
During the first 30 days period of your subscription as first time subscriber, if any, you may cancel your subscription to the Service at any time and obtain full refund by following these steps: Mothly, Semi-annually (recurring) Subscription Plan:
To obtain refund:
PLEASE NOTE THAT YOUR CREDIT CARD OR PAYPAL ACCOUNT WILL BE BILLED THE APPLICABLE SUBSCRIPTION FEE AND YOUR PAID SUBSCRIPTION WILL COMMENCE DURING TRIAL PERIOD. YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR 30-DAY TRIAL PERIOD HAS ENDED. AFTER THE ENDING OF OBLIGATION-FREE TRIAL PERIOD, ALTHOUGH YOUR SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER CREDIT. 6. Subscription Renewal Your subscription will continue for the monthly or semiannual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by emailing our Customer Service prior to the expiration of the Term or by canceling subscription prior to the renewal date of the Term . If you do not notify us or cancel the subscription, the then-applicable monthly or semiannual fee for your subscription will be billed automatically to the credit card or paypal account you designated during the registration process (or subsequently changed). PLEASE NOTE THAT, YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR SUBSCRIPTION HAS RENEWED EITHER MONTHLY or ANNUALLY. AFTER THE DATE OF YOUR SUBSCRIPTION RENEWAL, ALTHOUGH YOUR SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER CREDIT. In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card or Paypal. You agree to pay all fees and charges incurred in connection with your email and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 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. BlastInvest's Proprietary Rights The Service and the content available through the Service are the property of BlastInvest, LLC and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service. Specifically for Blast Investor Real-time Plus service (BIRTP), this BlastInvest's Proprietary Rights cover Paid Access discussion group "BlastInvest Private Club" as well. "BlastInvest Private Club" is part of Blast Investor Real-time Plus service, which is a private board for paid members of BIRTP. Any topics, articles or posts in the "BlastInvest Private Club" board is copyrighted by BlastInvest LLC. Any content of "BlastInvest Private Club" can not be disclosed or published without BlastInvest LLC's prior permission. You further agree that you do not acquire any ownership rights for any articles or contents which you posted under this "BlastInvest Private Club" board. If you are interested in reprinting, republishing or distributing content from BlastInvest, please contact us at our Sales email address. "BlastInvest.com," "BlastInvest," the BI Logo, "Blast Investor Real-time Plus" and other marks are trademarks and/or service marks of BlastInvest, LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. 8. User Conduct You may not republish, upload, post, transmit or distribute content available through the Service 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:
9. Disclaimer of Warranties THE SERVICE, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLASTINVEST LLC, ITS MANAGERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. BLASTINVEST LLC AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BLASTINVEST LLC OR ITS AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below. 10. Limitation of Liability NEITHER BLASTINVEST, LLC NOR ITS AFFILIATES, PARTNERS, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR 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 THE SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH BLASTINVEST. 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 SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 11. Indemnification You agree to indemnify, defend and hold us, our managers, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Service; or (c) your violation of the rights of any third party. 12. Termination You understand and agree that BlastInvest may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties. 13. Copyright Infringement The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BlastInvest, LLC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to BlastInvest, LLC, 2 Sarahs Place, Wallingford, CT 06492. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. 14. Miscellaneous The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. The TOU, together with all BI policies referred to herein, constitutes the entire agreement between you and BlastInvest LLC relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and BlastInvest are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its principles of conflict of laws. You and BlastInvest agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New Haven County, Connecticut, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU. |