a. upload, post, email, transmit
or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or
entity, including, but not limited to, a Olympia Online official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
e. upload, post, email, transmit
or otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit
or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of
any party;
g. upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h. upload, post, email, transmit
or otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
i. disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Service;
k. intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
l. "stalk" or otherwise
harass another; or
m. collect or store personal data
about other users.
You acknowledge that Olympia
Online does not pre-screen Content, but that Olympia Online and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service. Without
limiting the foregoing, Olympia Online and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
Olympia Online or submitted to Olympia Online, including without limitation
information in Olympia Online Message Boards,
Olympia Online Clubs, and in all other parts
of the Service.
You acknowledge and agree that
Olympia Online may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any
Content violates the rights of third-parties; or
(d) protect the rights,
property, or personal safety of Olympia Online, its users and the public.
You understand that the technical
processing and transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
5. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
6. PUBLIC CONTENT POSTED TO
OLYMPIA ONLINE (
a) For purposes of the TOS,
"publicly accessible areas of the Service" are those areas of the
Olympia Online network of properties accessible by the general public. By way
of example, a publicly accessible area of the Service would include public
Olympia Online Clubs and Olympia Online Message Boards, but would not include
areas off of the Olympia Online network of properties such as portions of
World Wide Web sites that are accessible through Olympia Online but are not hosted or served by Olympia Online.
(b) With respect to Content you
elect to post for inclusion in publicly accessible areas of Olympia Online
Clubs or that consists of photos or other graphics you elect to post to any
other publicly accessible area of the Service, you grant Olympia Online the
world-wide, royalty free and non-exclusive license to reproduce, modify,
adapt and publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the specific Olympia Club to which
such Content was submitted, or, in the case of photos or graphics, solely for
the purpose for which such photo or graphic was submitted to the Service.
This license exists only for as long as you elect to continue to include such
Content on the Service and shall be terminated at the time you delete such
Content from the Service.
(c) With respect to all other
Content you elect to post to other publicly accessible areas of the Service,
you grant Olympia Online the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed.
7. INDEMNITY
You agree to indemnify and hold
Olympia Online, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that Olympia
Online may establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on Olympia Online's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that Olympia Online
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted
by the Service. You acknowledge that Olympia Online reserves the right to log
off accounts that are inactive for an extended period of time. You further
acknowledge that Olympia Online reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
10. MODIFICATIONS TO SERVICE
Olympia Online reserves the right
at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that Olympia Online shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that Olympia Online, in
its sole discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use or if
Olympia Online believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. Olympia Online may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that Olympia Online may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service.
Further, you agree that Olympia Online shall not be liable to you or any
third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser.
You agree that Olympia Online shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Because Olympia Online has no control over such sites and resources, you
acknowledge and agree that Olympia Online is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that Olympia Online shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
14. OLYMPIA ONLINE'S PROPRIETARY
RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Olympia Online or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
Olympia Online grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is
provided by Olympia Online for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. OLYMPIA ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. OLYMPIA ONLINE MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL 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 DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLYMPIA ONLINE OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY YOU
EXPRESSLY UNDERSTAND AND AGREE THAT OLYMPIA ONLINE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OLYMPIA ONLINE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. 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 17 AND 18 MAY NOT
APPLY TO YOU.
18. SPECIAL ADMONITION FOR
SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join
any service, receive or request any news, messages, alerts or other
information from the Service concerning companies, stock quotes, investments
or securities, please read the above Sections 17 and 18 again. They go doubly
for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is
intended for trading or investing purposes. Olympia Online shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on
such information.
19. NOTICE
Notices to you may be made via
either email or regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices to you
generally on the Service.
20. TRADEMARK INFORMATION
Olympia Online, the Olympia Online logo, and other Olympia Online, logos and
product and service names are trademarks of Olympia Online. Without Olympia Online's prior permission, you agree not to
display or use in any manner, the Olympia Online logos.
21. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and Olympia Online and govern your use of the Service,
superceding any prior agreements between you and Olympia Online. You also may
be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and
the relationship between you and Olympia Online shall be governed by the laws
of the State of Washington without regard to its conflict of law provisions.
You and Olympia Online agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Thurston, Washington.
The failure of Olympia Online to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS 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 the TOS 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 use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
22. VIOLATIONS Please report any
violations of the TOS to our Customer Service group.
