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Legal Notice & Site Disclaimer

Copyright 2004, vFinance.com. All rights reserved. This material is for personal use only. Republication and redistribution, including posting to news groups, is expressly prohibited without the prior written consent of vFinance.com. The content provided within this website is provided for informational purposes only, and should not be construed as investment advice. At no time should information contained herein be considered an offer to buy or sell securities.

DISCLAIMER

All activities related to security transactions are offered through vFinance Investments, Inc. a registered broker/dealer and a member of the NASD and SIPC. Member of SIPC, which protects customers of its members up to $500,000 (including $100,000 for claims for cash). Explanatory brochure available upon request or at www.sipc.org. In addition, your assets are protected for the full value of your account by Customer Asset Protection Company (CAPCO).

This Web Site may include Databases ("Content"), facts, views, opinions and the identities or recommendations of individuals and organizations deemed of interest. vFinance, Inc. ("vFinance.com") and its Content licensors are not giving business advice, financial advice, investment advice, tax advice, legal advice, or other professional advice. vFinance and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. You should always seek the assistance of a professional for advice on business or financial opportunities, investments, tax, the law, or other professional matters.

Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. VFINANCE.COM AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND VFINANCE.COM HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER VFINANCE.COM NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE.

IN NO EVENT WILL VFINANCE.COM, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. VFINANCE INC AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to vFinance as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.

COPYRIGHT INFRINGEMENT NOTIFICATION

To file a notice of infringement with us, you must provide a written communication (by certified mail, not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.

  4. Provide information reasonably sufficient to permit vFinance to contact you (email address is preferred).
  5. Provide information, if possible, sufficient to permit vFinance to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred)
  6. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  7. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  8. Sign the paper.
  9. Send the written communication by certified mail to the following address:

    VFinance, Inc.
    Attn: DMCA Complaints
    1200 North Federal Highway, Suite 400
    Boca Raton, Florida 33432

COUNTER NOTIFICATION

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by certified mail, not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

  1. Identify the specific URLs or other unique identifying information of material that vFinance has removed or to which vFinance has disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Palm Beach County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
  4. Sign the paper.
  5. Send the written communication by certified mail to the following address:
  6. vFinance, Inc.
    Attn: DMCA Counter Notification
    1200 North Federal Highway, Suite 400
    Boca Raton, Florida 33432

ACCOUNT TERMINATION

Many vFinance Services do not have account holders or subscribers. For Services that do, vFinance will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact vFinance and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

LINKS TO THIRD PARTY SITES

This Web Site contains hyperlinks to web sites operated by persons other than vFinance.com. Such hyperlinks are provided for your reference and convenience only. You agree not to hold VFinance.com responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that vFinance.com endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.

If you wish to make purchases from an area of the Web Site. you may be asked to supply certain information, including credit card, debit card, or other payment mechanism information. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred.

ADDITIONAL LEGAL TERMS

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the State of Florida, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Florida. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between vFinance, Inc. and you regarding this Web Site and its Content.

FORUMS

Certain areas of this Web Site may enable you to access online forums where you can post business plans, business opportunities or messages and read business plans, business opportunities or messages posted by other users (the "Forums"). Some of the Forums topics or categories are selected by vFinance, Inc. and others are created by users. vFinance.com does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by vFinance.com or a user. The Forums are a service provided to users of vFinance.com. By posting a business plan, business opportunity or message in the Forums, you agree to be bound by the above and the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.

You agree to be fully responsible for your own postings and agree to access and use the Forums at your own risk on an as-is basis. While vFinance.com has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with these Terms of Use, to guide the Content on the Forums, or for other reasons. vFinance, Inc. cannot and does not guarantee any result, funding, financing or any other action will result from your posting on the Forums. Also, vFinance, Inc. reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in vFinance, Inc.'s sole discretion.

You must abide by the following rules in connection with your use of the Forums:

By posting a business plan, business opportunity or message, uploading a file, or engaging in any other form of communication through a Forum, you are granting vFinance, Inc. a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, messages, files or communications.

You agree to indemnify and hold vFinance, Inc. and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your postings and any material contained therein.

What to do if you believe a posting violates these Terms of Use: If you believe that a posting in a Forum violates these Terms of Use, we encourage you to contact vFinance, Inc. by sending an email to info@vfinance.com that identifies the applicable posting and the screen identity of the person who made the posting. vFinance, Inc. cannot guarantee that any action will be taken as a result of your email.

The Web Site provides a venue through which people may exchange ideas and gather information. The Web Site does not monitor or pre-screen any information before it is posted, therefore, information available at or through the Web Site might be objectionable, erroneous, or otherwise incorrect. You acknowledge and agree that the Web Site has the right, but not the obligation, to remove any information from the Web Site for any reason whatsoever, without notice to you. You are instructed to conduct your own due diligence concerning any information you receive at or through the Web Site, and you hereby agree that you bear all risk involved in your reliance upon such information.

 

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