OTCVILLAGE.COM WEBSITE TERMS & CONDITIONS
Thank you for visiting the OTCVillage™ website located at www.otcvillage.com (the “Site”). The Site is an Internet property of OTCVillage, LLC (“OTCVillage™,” “we,” “us”). You agree to the following Terms and Conditions (the “Agreement”), in their entirety, when you: 1) access or use our Site; 2) register as an investor (“Registered Investor”) on the Site, which enables you to access the various Registered Investor-based services detailed below (“Investor Services”); 3) when you register as a Member Company (“Member Company”) of the Site, which enables you to utilize a host of services made available to Member Companies through the Site (“Company Services”); and/or 4) register for one of our sweepstakes, promotional offers or contests (“Contests”). The Agreement is inclusive of the OTCVillage™ Privacy Policy (“Privacy Policy”), OTCVillage™ Registered Investor Agreement (“Registered Investor Agreement”), OTCVillage™ Member Company Agreement (“Member Company Agreement”) and any and all other applicable OTCVillage™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Investor Services, Company Services and/or the Site in any manner or form whatsoever.
The Content (as that term is defined hereinbelow) appearing on the Site is provided for informational purposes only, and none of the Content appearing on the Site is intended for trading or investing purposes. OTCVillage™ shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any trading or investment decisions based on such information.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Investor Services, Company Services and/or Site (collectively, “OTCVillage™ Services”). The Agreement constitutes the entire and only agreement between you and OTCVillage™ with respect to your use of the OTCVillage™ Services and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the OTCVillage™ Services, Site, the content contained therein and/or the analyses, research, opinions and other information provided by or through same. OTCVillage™ may change the Agreement, and the scope and functionality of the OTCVillage™ Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the OTCVillage™ Services and/or Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Notwithstanding the foregoing, where you have entered into the Registered Investor Agreement or Member Company Agreement, the terms and conditions contained in the Registered Investor Agreement or Member Company Agreement, as applicable, shall supersede this Agreement but only to the extent that any of the provisions contained therein are in conflict or inconsistent with this Agreement. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that OTCVillage™ is not responsible or liable in any manner whatsoever for your inability to use the Site and/or the OTCVillage™ Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU SHOULD DISCONTINUE REGISTRATION FOR OR, IF YOU HAVE ALREADY REGISTERED, YOUR USE OF, OTCVILLAGE™ SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOUR APPLICABLE OTCVILLAGE™ SERVICES ACCOUNT WILL NOT BE ACTIVATED BY OTCVILLAGE™ OR, IF YOU HAVE ALREADY REGISTERED, YOUR APPLICABLE ACCOUNT WILL BE TERMINATED BY OTCVILLAGE™.
2. Requirements. The Site and/or the OTCVillage™ Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Description of the Site. Subject to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology shall have the opportunity to view all media, text, images, graphics, stock quotes, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”) as compiled, distributed and displayed by Member Companies, Registered Investors, OTCVillage™ and other third party content providers (“Third-Party Providers”) including, but not limited to, third party websites/services that provide information on the Site via live feeds (“Live Feeds”). In addition, end-users shall have the opportunity to apply for the various OTCVillage™ Services as described more fully below.
The Interactive Services (as that term is defined hereinbelow), Company E-mails (as that term is defined hereinbelow), Company Home Page, Live Feeds and Site contain Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information that is provided directly by Member Companies, Registered Investors and/or Third-Party Providers, as applicable. Such Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information are from the applicable Member Companies, Registered Investors and/or Third-Party Providers and not OTCVillage™, and should not necessarily be relied upon. Such Member Companies, Registered Investors and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. OTCVillage™ does not represent or warrant that the Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information posted in the Interactive Services, Company Home Page, Company E-mails, Live Feeds or otherwise by and through the Company Services and/or Site is accurate, complete or appropriate. You understand and agree that OTCVillage™ will not be responsible for, and OTCVillage™ undertakes no responsibility to monitor or otherwise police, such Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information. You agree that OTCVillage™ shall have no obligations and incur no liabilities to you in connection with any such Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information appearing in the Interactive Services, Company Home Page, Live Feeds, Company E-mails or otherwise by and through the Company Services and/or Site.
OTCVillage™ does not control the information provided by Member Companies, Registered Investors and/or Third-Party Providers that is made available within the Interactive Services, Company E-mails, Company Home Page, Live Feeds or otherwise by and through the Company Services and/or Site. You may find certain research, analyses, offerings and/or other information as posted by Member Companies, Registered Investors and/or Third-Party Providers to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Interactive Services, Company Services, Company E-mails, Live Feeds and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Member Companies, Registered Investors, Third-Party Providers and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-users, Member Companies, Registered Investors, Third-Party Providers and/or other third parties, you hereby release OTCVillage™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. OTCVillage™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Member Companies, Registered Investors, Third-Party Providers and/or other third parties.
If you would like to register a complaint, notify OTCVillage™ of a dispute or notify us of inaccurate or misleading information appearing on the Site, Live Feeds or otherwise through the Company Services, please feel free to contact us at 1-800-682-9963 or at info@otcvillage.com.
4. Description of the OTCVillage™ Services
Investor Services
Subject to the terms and conditions of the Agreement and the Registered Investor Agreement, by registering on the Site, agreeing to the Registered Investor Agreement and receiving approval from OTCVillage™, you can obtain, or attempt to obtain, Investor Services. For a copy of the Registered Investor Agreement, please Click Here. Investor Services will enable you to: (i) utilize the Site’s many interactive features designed to foster interaction between you and other Registered Investors and Member Companies including, but not limited to, blogs, messageboards and other comment sections located in Member Company-specific areas (“Interactive Services”); (ii) gain inclusion in the OTCVillage™ database (“OTCVillage™ Database”) through which you can receive e-mail communications from OTCVillage™ and applicable Member Companies; and (iii) create a customized home page, protected by a Registered Investor-selected password and user name, within which Registered Investors will be able to track the performance of various Member Companies and other securities of interest (“Investor Home Page”). As a Registered Investor, in connection with the Investor Home Page, Interactive Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws. OTCVillage™ reserves the right to prohibit any conduct by Registered Investors or to remove any materials or content posted by Registered Investors on the Investor Home Page or through the Interactive Services that OTCVillage™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which OTCVillage™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose OTCVillage™ to harm, damage to reputation or liability. Notwithstanding the foregoing, OTCVillage™ undertakes no responsibility to monitor or otherwise police the Content posted by Registered Investors. The Interactive Services may contain comments, opinions and other content that are provided directly by Registered Investors. You agree that OTCVillage™ shall have no obligations and incur no liabilities to you in connection with any such content, information, analyses or opinion appearing in the Interactive Services. OTCVillage™ does not represent or warrant that the Content posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that OTCVillage™ is not responsible or liable in any manner whatsoever for your inability to use the Investor Services, Investor Home Page, Company E-mails and/or Interactive Services. You understand and agree that OTCVillage™ shall not be liable to you, any end-users or any third party for any claim in connection with any of the Investor Services including, without limitation, the Interactive Services, Company E-mails and the Investor Home Page.
Company Services
Subject to the terms and conditions of the Member Company Agreement, by registering on the Site, agreeing to the Member Company Agreement and receiving approval from OTCVillage™, you can, for a fee, obtain, or attempt to obtain, access to the Company Services as a Member Company. For a copy of the Member Company Agreement, please Click Here. The Company Services will enable you, as a Member Company, subject to the restrictions contained in the Member Company Agreement, to: (i) post your Company’s proprietary content in, and link to your Company’s investor relations website from, your personalized Company home page (“Company Home Page”) within the Member Company area; (ii) create a customized Company blog and/or Company messageboard and utilize the Site’s many other interactive features designed to foster interaction between you and Registered Investors via the Interactive Services; (iii) upload your proprietary investor database (“Company Database”) to your company administrative area, and request that OTCVillage™ contact the individuals contained in the OTCVillage™ Database on your behalf; (iv) use OTCVillage’s™ services to send e-mail alerts of press releases and other important corporate materials or documents to the Company Database and selected portions of the OTCVillage™ Database (“Company E-mails”); and (v) gain access to OTCVillage’s™ resource center for best practices in investor relations. As a Member Company, in connection with the Company Services, Interactive Services, Company Emails and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws. The Company Home Page and/or Interactive Services contain(s) comments, opinions and other Content that are provided directly by Member Companies. OTCVillage™ reserves the right to prohibit any conduct by Member Companies or to remove any materials or Content posted by Member Companies from the Company Home Page, Interactive Services, Company E-mails or otherwise through the Site that OTCVillage™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which OTCVillage™ believes to be false, illegal, potentially harmful to others, otherwise objectionable or that same may expose OTCVillage™ to harm, damage to reputation or liability. Notwithstanding the foregoing, OTCVillage™ undertakes no responsibility to monitor or otherwise police the Content posted by Member Companies through the Company Services, Company E-mails and/or Interactive Services. You agree that OTCVillage™ shall have no obligations and incur no liabilities to any party in connection with any such Content, analyses, research, information or opinion appearing within the Company Home Page, Company E-mails and/or Interactive Services. OTCVillage™ does not represent or warrant that the Content posted in the Company Home Page, Company E-mails and/or Interactive Services is accurate, complete or appropriate. You understand and agree that OTCVillage™ is not responsible or liable in any manner whatsoever for your inability to use the Company Services, Company E-mails and/or Interactive Services, or for any dispute between Member Companies and Registered Investors or other third parties. You understand and agree that OTCVillage™ shall not be liable to you, any Registered Investors or any third party for any claim in connection with your use of the Company Services, Company E-mails, Interactive Services or any analyses, research, securities and/or services offered by a Member Company.
Contests
From time-to-time, our Site offers promotional prizes and other awards. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the rules applicable to each Contest, you can: (i) obtain, or attempt to obtain, the promotional prizes and other awards offered through each Contest; and (ii) gain inclusion in the OTCVillage™ Database through which you can receive e-mail communications from OTCVillage™ and applicable Member Companies. For a copy of the Contest(s) currently being offered by the Site, please Click Here. You understand and agree that OTCVillage™ shall not be liable to you or any third party for any claim in connection with your participation in any of the Contests.
5. Registration/Account. In order to obtain OTCVillage™ Services, you must first submit the applicable registration and application form to OTCVillage™ for review and initial approval. OTCVillage™ reserves the right, in its sole discretion, to deny access to the Site and/or the OTCVillage™ Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain OTCVillage™ Services may include, without limitation, depending on the applicable OTCVillage™ Services requested: your full name, company name and company contacts, e-mail address(es), mailing address, daytime, evening and/or cellular telephone numbers, credit card information, date of birth, age, gender and/or any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. OTCVillage™ will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will be asked to provide the name or number that you wish to use as your account login identification, where applicable. If the login identification that you request is not available, you will be asked to supply another login identification. If OTCVillage™ approves your applicable application for registration, and you agree to any required separate agreement, as applicable, OTCVillage™ will set up your specific account (“OTCVillage™ Services Account”) and send a confirmation e-mail to the e-mail address that you used to register for the applicable OTCVillage™ Services. The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You can access your specific OTCVillage™ Services Account at the Site using your User Name and Password. You are responsible for maintaining the confidentiality of your OTCVillage™ Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your OTCVillage™ Services Account, User Name and Password.
6. Telephone Contact in Connection with Registration. By registering for OTCVillage™ Services and submitting your telephone number, you agree to receive telephone calls from OTCVillage™ in connection with your registration and ongoing membership. In addition, you agree that submitting your telephone number constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (“ATSR”) and any applicable state and local do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, or an applicable state do-not-call list, by registering for OTCVillage™ Services and providing OTCVillage™ with your electronic signature under the Uniform Electronic Transactions Act, you are giving OTCVillage™ the express right to contact you via telephone in accordance with the ATSR and any applicable state and local do-not-call regulations.
7. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Content and all other material posted or made available by and through the OTCVillage™ Services in accordance with the Agreement. OTCVillage™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by OTCVillage™, as a Member Company and/or Registered Investor, you may only use the Content, Site and/or OTCVillage™ Services for your own personal use. No part of the Site including, but not limited to, the Content, Live Feeds and/or OTCVillage™ Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, Live Feeds, OTCVillage™ Services and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Content, Site, Live Feeds and/or OTCVillage™ Services. You may not use the Content, Site, Live Feeds and/or OTCVillage™ Services in conjunction with any other third-party content. You may not exploit any aspect of the Content, Site, Live Feeds and/or OTCVillage™ for any commercial purposes not expressly permitted by OTCVillage™. You further agree to indemnify and hold harmless OTCVillage™ for your failure to comply with this Section 7. OTCVillage™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
8. Proprietary Rights. All Content, Live Feeds and other material posted or made available by and through the OTCVillage™ Services including, but not limited to, the design, selection, arrangement and coordination of such Content, Live Feeds and/or OTCVillage™ Services on the Site is owned or licensed by or to OTCVillage™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site, Content, Live Feeds or other material posted or made available by and through the OTCVillage™ Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without OTCVillage’s™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, Live Feeds, other material posted or made available by and through the OTCVillage™ Services or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by OTCVillage™ does not constitute a waiver of any right in such information and materials. OTCVillage™ reserves all rights not expressly granted hereunder.
The “OTCVillage” name and logo are trademarks of OTCVillage™. All custom graphics, icons and service names are trademarks of OTCVillage™. All other trademarks are the property of their respective owners. The use of any OTCVillage™ trademark without OTCVillage’s™ express written consent is strictly prohibited. Where provided by a Member Company, Registered Investor, Third-Party Provider or other third party, OTCVillage™ exercises no control over the Content, Live Feeds or other information made available on the Site and/or passing through its network or equipment. Disputes may arise between you and others or between you and OTCVillage™ related to such Content, Live Feeds, other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Content; the Live Feeds; other material posted or made available by and through the OTCVillage™ Services; use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; untrue stock value claims; the use or misuse of information; and securities law violations. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content, Live Feeds or other information that you transmit, re-transmit or receive through the Site, OTCVillage™ Services, Company Home Page, Company E-mails, Interactive Services network or equipment are your sole and exclusive responsibility. OTCVillage™ expressly disclaims all responsibility and liability for uses by you of any Content or other information obtained on or in connection with the Site.
9. Bypassing or Disabling any Portion of the OTCVillage™ Services or Software. If you bypass or disable any portion of the OTCVillage™ Services, Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other OTCVillage™ systems, you are in violation of the Agreement and OTCVillage™ may suspend or terminate your use of the Site and/or OTCVillage™ Services without notice. Termination of your applicable OTCVillage™ Services Account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. If your OTCVillage™ Services Account(s) is/are terminated for any reason you will, thereafter, be unable to access your applicable OTCVillage™ Services Account(s).
10. Accessing OTCVillage™ Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the OTCVillage™ Services and for ensuring that such equipment and services are compatible with OTCVillage’s™ requirements.
11. Indemnification. You agree to indemnify and hold OTCVillage™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of OTCVillage™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE LIVE FEEDS, COMPANY E-MAILS, INVESTOR HOME PAGE, COMPANY HOME PAGE, OTCVILLAGE™ DATABASE AND/OR ANY OTHER OTCVILLAGE™ SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, OTCVILLAGE™ MAKES NO WARRANTY THAT THE SITE, ANY RESEARCH, ANALYSIS, OPINION OR INFORMATION CONTAINED HEREIN AND/OR LIVE FEEDS, COMPANY E-MAILS, INVESTOR HOME PAGE, COMPANY HOME PAGE, OTCVILLAGE™ DATABASE AND/OR ANY OTHER OTCVILLAGE™ SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE LIVE FEEDS, COMPANY E-MAILS, INVESTOR HOME PAGE, COMPANY HOME PAGE, OTCVILLAGE™ DATABASE AND/OR ANY OTHER OTCVILLAGE™ SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OTCVILLAGE™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OTCVILLAGE™, ANY MEMBER COMPANIES, REGISTERED INVESTORS, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OTCVILLAGE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OTCVILLAGE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE LIVE FEEDS, COMPANY E-MAILS, INVESTOR HOME PAGE, COMPANY HOME PAGE, OTCVILLAGE™ DATABASE AND/OR ANY OTHER OTCVILLAGE™ SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER OTCVILLAGE™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE LIVE FEEDS, COMPANY E-MAILS, INVESTOR HOME PAGE, COMPANY HOME PAGE, OTCVILLAGE™ DATABASE AND/OR ANY OTHER OTCVILLAGE™ SERVICE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE OTCVILLAGE™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF OTCVILLAGE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, ANY RESEARCH, ANALYSES, OPINION OR INFORMATION OFFERED HEREIN, THE LIVE FEEDS, COMPANY E-MAILS, INVESTOR HOME PAGE, COMPANY HOME PAGE, OTCVILLAGE™ DATABASE AND/OR ANY OTHER OTCVILLAGE™ SERVICES MAY BE BROUGHT BY YOU OR OTCVILLAGE™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OTCVILLAGE™. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions OTCVillage’s™ liability shall be limited to the maximum extent permitted by law.
14. Third Party Websites. The OTCVillage™ Services and Site contain links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use OTCVillage’s™ name and logo on their third party websites. OTCVillage™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by OTCVillage™ of the applicable website or any association with the website’s operators. Because OTCVillage™ has no control over such websites and resources, you agree that OTCVillage™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that OTCVillage™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
15. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, feedback, Content, information, Registration Data and/or materials that you submit through or in association with this Site shall be considered non-confidential. For a copy of the Privacy Policy, please Click Here. By submitting such comments, feedback, Content, information, Registration Data and/or materials to us, you: (i) represent and warrant that OTCVillage’s™ use of your submission does not and will not breach any agreement, violate any law or infringe any third party’s rights; (ii) agree that OTCVillage™ is free to use, in any manner, all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iii) grant OTCVillage™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, feedback, Content, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by OTCVillage™ to anyone whatsoever. OTCVillage™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
16. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). You agree that the exclusive jurisdiction and venue of any action with respect to the Agreement shall be in the State and federal courts located in the County of New York, State of New York. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and OTCVillage™ and governs your use of the Site. OTCVillage’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
17. How to Contact Us. Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of OTCVillage™, please feel free to contact us at 1-800-682-9963 or at info@otcvillage.com.