Eastman Communications, Inc. PO Box 290708 Brooklyn, NY 11229
EASTMAN COMMUNICATIONS, INC. TERMS OF USE AGREEMENT
As of January 11, 2006
Content:
1. Informational Purposes of Content 2. Disclaimer 3. Subscription Services 4. Payment and Automatic Subscription Renewal 5. Cancellation and Refund Policy 6. Ownership of Materials 7. Indemnification 8. Links to Third Party Sites 9. Eastman Communications Inc. Privacy Policy
1. Informational purposes of content
This website and the materials and information on this website are provided by Eastman Communications, Inc., Stealth Stocks, Stealth Stocks Daily Alert, Hidden Values Alert and Inevitable Wealth Portfolio (hereinafter all collectively referred to as 'ECI' or 'we') and may be used for informational purposes only. By using this website, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this website, you represent that (i) you have the capacity to be bound by these terms and conditions and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. If you do not agree to these terms and conditions, do not use this website or download any materials from this website.
ECI may amend or revise these terms and conditions at any time. By using this website, you agree to be bound by these terms and conditions as in effect from time to time. Please review these terms and conditions regularly.
ECI is a publisher.
ECI is a financial and investment content publisher. ECI is neither a registered investment advisor nor a broker/dealer. Readers are advised that this electronic publication is issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security.
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2. Disclaimer
The opinions and statements included herein are based on sources believed to be reliable and in good faith, but no representation or warranty, express or implied, is made as to their accuracy, completeness or correctness. We have not independently verified the information contained herein.
This information is not intended to be used as the sole basis of any investment decisions, nor should it be construed as advice designed to meet the investment needs of any particular investor. We encourage you to consult with independent financial advisors with respect to any investment in the securities mentioned herein
You should review a complete information package on all companies, which should include, but not be limited to, the Company's annual report, quarterly reports, press releases and all regulatory filings. All information contained in this profile should be independently verified with the subject company. The foregoing discussion contains forward-looking statements, which are based on current expectations, estimates and projections, and differences from such expectations, estimates and projections can be expected. ECI does not purport to be a complete analysis of every material fact respecting any company, industry, or security.
Any opinions expressed in this profile are statements of judgment as of the date of publication and are subject to change without further notice, and may not necessarily be reprinted in future publications or elsewhere. Neither ECI nor its members, managers, editors, officers, or employees/consultants accept any liability whatsoever for any direct or consequential loss arising from any use of its publications or their contents.
ECI, monthly and daily general interest newsletters are not liable for the suitability or future investment performance of any securities or strategies discussed.Any advice on where to buy stocks should be later discussed with your personal financial consultant. Historical investment return examples given are hypothetical, and not to be taken as representative of any individual's actual trading experience. The opinions and statements included herein are based on sources believed to be reliable and in good faith, but no representation or warranty, express or implied, is made as to their accuracy, completeness or correctness. We have not independently verified the information contained herein. This information is not intended to be used as the sole basis of any investment decisions, nor should it be construed as advice designed to meet the investment needs of any particular investor.
We encourage you to consult with independent financial advisors with respect to any investment in the securities mentioned herein You should review a complete information package on all companies, which should include, but not be limited to, the Company's annual report, quarterly reports, press releases and all regulatory filings. All information contained in this profile should be independently verified with the subject company. The foregoing discussion contains forward-looking statements, which are based on current expectations, estimates and projections, and differences from such expectations, estimates and projections can be expected. ECI does not purport to be a complete analysis of every material fact respecting any company, industry, or security.
Any opinions expressed in this profile are statements of judgment as of the date of publication and are subject to change without further notice, and may not necessarily be reprinted in future publications or elsewhere. Neither ECI nor its members, managers, editors, officers, or employees/consultants accept any liability whatsoever for any direct or consequential loss arising from any use of its publications or their contents.
PERFORMANCE FIGURES
Performance figures are based on recommendations made by ECI. Due to the time critical nature of stock and options trading, brokerage fees, and the activity of other subscribers, ECI cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our tracking guidelines.
References to examples of past performance are not intended to provide a total picture of portfolio results. Your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the broker commissions you pay, (f) the interest income you earn on uninvested funds, and (g) the number and magnitude of losing or winning trades you experience. Past results are not necessarily indicative of future performance.
LIMITATION ON EASTMAN’S LIABILITY
ECI's liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by ECI from Subscriber. ECI will not be liable for consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by ECI. Without limitation, ECI shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber's inability to use or any delay in accessing ECI’s website or any other source of material provided by ECI; (3) any absence of material on ECI's website; (4) ECI's failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. ECI and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between ECI and Subscriber.
DISCLAIMER OF WARRANTY
NEITHER ECI NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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3. Subscription Services
Certain pieces of content provided by ECI require a paid subscription in order for users to have access to this information. Users who register for paid subscription services provided by ECI agree to a) provide truthful and accurate information regarding their identity requested in user registration forms, b) on an ongoing basis update user information in order to keep it accurate at all times.
Users understand that the information contained and provided by ECI is copyrighted material and as such will not be provided to any third party without the prior written consent of ECI.
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4. Payment and Automatic Subscription Renewal
The current subscription rates are listed by ECI in the subscription area of the web site.
Subscriptions will renew automatically at the end of the initial subscription period (including trial period) according to the payment plan subscriber selected and authorized at the time of purchase. We must be notified via email ([email protected]) 4 days prior to such renewal, should the subscriber decide not to renew their subscription. If we are not notified, the then applicable subscription fee will be billed automatically to the credit card then designated on our records. There are no refunds, pro-rated refunds or credits after credit card has been billed. Users agree to pay all fees and charges in connection with subscription to a paid ECI service, including any applicable taxes.
Upon receipt of subscribers request to cancel, subscriber will then be sent an email confirmation number acknowledging your cancellation.
If for any reason you do not receive an email confirmation number from us please notify us immediately. Your cancellation will not be valid unless you receive an email confirmation number from us.
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5. Cancellation and Refund Policy
During the first 30-days of a trial subscription, subscribers may cancel their subscriptions and their credit card will not be charged. This guarantee is available only once per individual. Subsequent to the first 30 days of your trial subscription, you may cancel your subscription at any time. However, there are no refunds, pro-rated refunds or credits issued after the first 30 days of service. To cancel prior to the 30th day of your use on the Service, send your request to [email protected]. To cancel your subscription to the Service after the first 30 days, send your request to [email protected] and we will turn off automatic renewal.
Upon receipt of subscribers request to cancel, subscriber will then be sent an email confirmation number acknowledging your cancellation.
If for any reason you do not receive an email confirmation number from us please notify us immediately. Your cancellation will not be valid unless you receive an email confirmation number from us.
If you have already participated in a free trial for any term within this service, you are ineligible to receive an additional free trial. Our records will verify that you have already received a free trial, and your credit card will be billed immediately and automatically. Some very discounted offers are non-refundable. Please read the promotion carefully.
We reserve the right to terminate your subscription and use of the Service at any time for any reason, including without limitation any breach by you of this Agreement of these Terms of Service.
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6. Ownership of Materials
Except as otherwise indicated, this website and its entire contents (collectively, the 'Materials'), including, but not limited to, the text, information, material, software and graphics contained on this website, are owned by ECI, and its affiliates. The Materials are protected by copyright, trademark, and other intellectual property laws and treaties. ECI makes no proprietary claim to any third party names, trademarks or service marks appearing on this website. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without ECI’s prior written permission. You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person.
By posting a message or contributing in any way to this website, including, but not limited to, sending comments and e-mail, to this website, you expressly grant ECI the right to use in any way, copy, republish, or sell your message or other contribution as part of its property. We reserve the right to change, update, discontinue, or restrict or prevent access to this website or the Materials at any time without notice.
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7. Indemnification
Member agrees to indemnify and hold ECI, its employees, its editors, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from member's use of this Web site or from member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and member's use of this Web site.
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8. Links to Third Party Sites
This Web site contains hyperlinks to other web sites operated by parties other than ECI, and other resources and advertisers. Such hyperlinks are provided for member's reference only. ECI is not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. ECI inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Under no circumstances shall ECI be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or Webmaster.
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9. Eastman Communications, Inc. Privacy Policy
Eastman Communications, Inc. has created a privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website.
9a. Information ECI gathers and tracks
ECI uses your IP address to help diagnose problems with our server, and to administer our Web site. ECI gathers two types of information about users: data that users provide through optional and voluntary registration on several of our sites, such as requesting subscription to our newsletter, filling out our user's survey form, and through optional and voluntary participation in certain contests (when they are run); and aggregated tracking information derived mainly by tallying page views throughout our sites. Such information enables us to better tailor our content to readers' needs and to help our advertisers better understand the demographics of our audience.
9b. Rental of E-mail and Postal Information
Our site offers both a free and paid subscription e-mail and print based financial newsletters. Subscription requires users to provide us with an e-mail address and other information including name, postal address, and phone number. Users may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of every newsletter. We are in compliance with the CAN-SPAM legislation, and maintain a "Do Not Mail" list of e-mail addresses, which will not receive future correspondence from ECI.
E-mail addresses provided to ECI are kept on a secure server. ECI does not share e-mail address with other firms. ECI does however rent both e-mail and postal names and information to advertisers. E-mail advertisers who wish to advertise to ECI members are required to comply with CAN-SPAM legislation, and provide an easy process of unsubscribing, as well as provide a "Do Not Mail" option for members who do not wish to receive any further communication from a specific advertiser. E-mail users agree to receive offers directly from ECI as well as sponsorship messages from our partners. Further, ECI does rent its postal mailing list to approved advertisers who are offering financial-related products to our subscribers.
9c. Eastman Communications, Inc. - Links to Other Websites
This site contains links to other sites. ECI is not responsible for the privacy practices or the content of such Web sites.
9d. Eastman Communications, Inc. - Surveys
Occasionally ECI conducts user surveys to better target our content to our audiences. We sometimes share the aggregated demographic information in these surveys with our advertisers and partners. We never share any of this information about specific individuals with any third party.
Our online surveys ask visitors for financial information (like their household income and overall size of their investment portfolio) and demographic information (like their zip code, age, or income level). Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers on an aggregate basis.
9e. ECI - Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.
9f. ECI - Use of the information
ECI uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, ECI uses information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls and message boards. We send out newsletters to subscribers on a regular schedule and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. ECI never shares newsletter mailing lists with any third parties, including advertisers or partners.
When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. ECI does not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
ECI creates aggregate reports on user demographics and traffic patterns for advertisers and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because ECI doesn't track the usage patterns of individual users, an advertiser will never know that a specific user clicked their ad.
9g. ECI - Sharing of the information
ECI uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience's demographics. This is essential to keeping our service free. We do not share information about individual users with any third party, except in the case of some contests, and then, only with a user's express consent. ECI does not control the practices of our advertisers. If you have questions about how one of our advertisers uses information about you when you click their ad and go to their content, please contact them directly.
9h. ECI - Delete/deactivate policy
Users may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of every newsletter. This includes being permanently removed from our list of active subscribers, as well as being placed on a "Do Not Mail" list to ensure that you do not receive further communications from ECI.
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