The Solari Report
2. SUBSCRIBER CONDUCT
2.1. The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the Solari network, including Subscribers.
Solari assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material available via the Service and it does not endorse any opinions or recommendations posted by Subscribers, nor does it give tax or investment advice or advocate the purchase or sale of any security or investment. You should exercise discretion and skepticism before relying on information in messages, since it may be incorrect or misleading. Subscribers may pretend to be people that they are not. Some Subscribers may have dishonest and/or deceitful intentions or may have inaccurate information — so beware! You should make an independent investigation before making any financial decisions, and if you rely on information posted by other Subscribers you do so solely at your own risk.
The following actions, among others, may result in failure to post or removal of messages and/or termination of your subscription:
(a) Using the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable.
(b) Posting material non-public information about companies, without the authorization to do so.
(c) Posting or transmitting third party copyrighted information or in any way infringing on the intellectual property, contractual or fiduciary rights of others.
(d) Providing false information on your registration form, or impersonating someone else.
(e) Using the Service for the transmission of junk mail, spam, chain letters, or unsolicited distribution of e-mail.
(f) Using the Service for the transmission of advertising or promotion of any product or service.
(g) Providing or facilitating access to the Service to any non-Subscriber, whether through bridge call access code, your password, or any other method that enables a third party not part of your household or otherwise approved by Solari to listen to, read or otherwise use the Service.
(h) Recording a Solari Report™ conference call other than through the MP3 download facility provided as part of the Service, or tampering with the content of any otherwise authorized MP3 recording in a manner so as to produce a copy that is inaccurate or misleading as to the content of the original call.
(i) The sale or other commercial use of any MP3 downloaded as part of the Service, or duplication thereof, without the express written permission of Solari.
(j) Providing a full quotation, summary, transcript or other appropriation of the content of any Solari Report™ conference call to any third person or facility, including but not limited to the posting thereof on any website, without the prior express written permission of Solari.
(k) Disclosing any information learned on any Solari Report™ conference call (including any authorized MP3 recording thereof) that is expressly labeled by the host or any guest as confidential and not appropriate for repetition or republication.
2.2. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or rule.
2.4. Solari reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its Subscribers.
3. PROPRIETARY RIGHTS TO CONTENT
3.1. The content available through the Service is the property of Solari or its licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be listened to, downloaded, displayed, reformatted and printed for the personal, non-commercial use by you and members of your household only. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without Solari’s express prior written consent.
3.2. You agree that upon posting information on the Service (which shall include the posting or repetition by Solari or any Solari Report™ guest of any questions or comments that you have emailed to the Service), you grant Solari, and its successors and assigns and any Solari Report™ conference call guest a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant Solari the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
4. EXTERNAL LINKS
4.1. The Service may contain links to other related World Wide Web Internet sites and resources. Solari is not responsible for the availability of these outside resources, or their contents, nor does Solari endorse nor is Solari responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall Solari be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to the applicable site administrator or web master.
5. FEES AND PAYMENTS
6. DISCLAIMER OF WARRANTIES AND LIABILITY
6.1. The Service is provided AS IS and AS AVAILABLE, without warranty of any kind. Solari EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLARI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOLARI, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL SOLARI, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. SOLARI, 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 POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF SOLARI, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID SOLARI FOR THE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9.2. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.(12.03.08_as)