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Wow! You actually
came to this page. Our lawyers made us include
it and made us use a precious link on our
home page to get you here. At first, we
thought the lawyers were a real pain. But
then we read the page. To our surprise,
it's really important stuff. But we took
the legalese the lawyers wrote and translated
it into readable English. So be smart and
read the stuff on this page. It could prevent
you from hearing from our lawyers, or worse
yet, from really nasty people, like prosecutors.
Here's the deal:
We run this site so that people like you
(and people you like) can use it for personal
entertainment, information, education, communication,
and cyber-gratification. So go ahead and
browse around all you like. You can even
download stuff from the site but only for
non-commercial, personal use. If you do,
though, don't fool around with the copyright
and other notices all over the stuff. They're
there for a really good reason. And don't
even think about distributing, modifying,
transmitting, reusing, re-posting, or anything
else uncool with any of the stuff, including
the text, images, audio, and video, for
public or commercial purposes unless we
give you written permission. And it's not
likely we will.
If you visit our site, you're also legally
obligated to the terms and conditions listed
below and any other law or regulation that
applies to the site, the Internet, the World
Wide Web, or Houston, TX. You shouldn't
access or browse the site if you have any
problem with that, because once you start,
there's no turning back -- you are bound
by [read: stuck with] the terms and conditions.
So here's the scoop on our Top Eleven Rules
for Cyber-Surfers who hang out on our site:
1. For everyone's sake, just assume that
everything on the site is copyrighted unless
we say it's not. So you can't use the stuff
except how we say you can on this page or
anywhere else on the site without our written
permission. And like we said before, it's
not likely we'll give you permission anyway.
In fact, even if we wanted to, the lawyers
are likely to veto any deal anyway. So it's
better you don't even ask.
2. While we try to include accurate stuff
on the site, we're not promising you it's
accurate. In fact, we're not promising you
anything except fun and entertainment. So
if you use stuff on the site, you're using
it at your own risk. Don't call us if there's
a problem because we assume no liability
or responsibility for errors or omissions
on the site.
3. We and anybody else who helped us create,
produce, or deliver the site are not liable
for any damages you suffer when you use
it. In particular, the lawyers want you
to know that our disclaimer includes "direct,
incidental, consequential, indirect, or
punitive damages arising out of your access
to, or use of, the site. Without limiting
the foregoing, everything on the site is
provided to you 'AS IS' WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that some jurisdictions may
not allow the exclusion of implied warranties,
so some of the above exclusions may not
apply to you. Check your local laws for
any restrictions or limitations regarding
the exclusion of implied warranties. "
Ugh! What a mouthful from the mouthpieces.
We put all of that in quotes because we
couldn't figure out any other way to say
it that the lawyers would accept. But here's
the bottom line -- we're not responsible
if you're browsing around and the site damages
you or your computer or infects it with
any nasty viruses. We sure hope that doesn't
happen, but if it does, don't call us.
4. If you don't want the world to know something,
don't post in on the site in any bulletin
board or anyplace else. That's because anything
you disclose to us is ours. That's right
-- ours. So we can do anything we want with
the stuff you post. We can reproduce it,
disclose it, transmit it, publish it, broadcast
it, and post it someplace else. We can even
send it to your mother (as soon as we find
her address). Not only that, we can even
use any ideas, concepts, know-how, or techniques
you post any way we want to, including,
developing, manufacturing and marketing
products or other stuff using the information
you post.
5. Pictures of people or places shown on
the site are either our property or someone
else's property we're using with their permission.
No matter what, it's definitely not your
property. You or any of your net-friends
can't use it unless we said you could on
this page or somewhere else on the site.
And guess what -- we won't say yes. So be
careful, because unauthorized use may violate
all sorts of nasty laws. Be smart, keep
the stuff you download to yourself.
6. There are also a lot of trademarks, logos,
and service marks on the site that either
we own or we're using with someone else's
permission. So don't think you have any
kind of license or right to use them, because
you don't and we're not about to give you
one. If you don't leave them alone and mess
with our trademarks, logos and service marks
on our site, we'll probably go ballistic,
so will the companies that own the other
trademarks, logos and service marks. That
means that we're likely to sue you or to
ask a prosecutor to come after you for messing
around with our property or the property
of others.
7. You'll probably notice we've linked our
site to lots of others. While that's cool,
it doesn't mean we've looked at all those
sites, much less checked them out periodically
to see what's going on. So don't blame us
if some site you link to is bad or has stuff
on it that offends you or your pets. Go
ahead and link, but remember, you're doing
it at your risk.
8. That brings us to what you do on our
own site. While we occasionally listen in
on chat groups, or look at the posting in
our discussion groups or on our bulletin
boards, we take no responsibility and assume
no liability for the content of those locations
or for any mistakes, defamation, libel,
slander, omissions, falsehoods, obscenity,
pornography, or profanity you might encounter
when you visit such places on our site.
And don't be stupid by posting or transmitting
any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
nasty, mean, or profane material or any
material that law enforcement types may
consider a criminal offense, get someone
in court on a civil lawsuit, or for that
matter violate any law -- anywhere, anytime.
While we certainly respect your privacy,
we have no choice but to fully cooperate
with any law enforcement authorities or
court which might ask us who might have
posted nasty stuff on our site.
9. Software that we use on this Site is
protected by all sorts of patriotic U.S.
laws. Because of that, you can't download
or send the software to anyone in the vacation
travel spots of Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country
where United States has embargoed goods;
or (get this) to anyone on the United States
Treasury Department's list of Specially
Designated Nationals, the U.S. Commerce
Department's Table of Deny Orders, or the
FBI's Most Wanted Internet Creeps List (just
kidding on the last one). As if that were
not tough enough, if you live in or are
a national of any of those lovely places,
you're not even supposed to be reading this
page, so beat it!
10. We're also allowed to change this page
and anything else on the site any time we
want to. That's because it's ours and we
have the programmers who can do it. If we
do change the page, then you're bound by
those changes, too, whenever you visit our
site.
11. If either of us wants to make something
of it and wants to "sue" (a dirty
word) then we have to follow these rules
of engagement (sort of according to the
Geneva Convention):
This Agreement is governed by the laws of
the State of Texas, without regard to principles
of conflict of laws.
To the extent you have in any manner violated
or threatened to violate Candlestickforum.com
and/or Candlestick-Trading-Forum.com (Candlestick
Forum LLC) and/or its affiliates' intellectual
property rights, Candlestickforum.com and/or
Candlestick-Trading-Forum.com (Candlestick
Forum LLC) and/or its affiliates may seek
injunctive or other appropriate relief in
any state or federal court in the State
of Texas, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement,
we agree to first try to resolve it with
the help of a mutually agreed-upon mediator
in the following location: Houston. Any
costs and fees other than attorney fees
associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation,
we agree to submit the dispute to binding
arbitration at the following location: Houston,
under the rules of the American Arbitration
Association. Judgment upon the award rendered
by the arbitration may be entered in any
court with jurisdiction to do so.
If this all sounds kind of mean and undiplomatic,
you should have seen what the lawyers gave
to us in the first place. We had to remind
them that human torture and sacrifice was
outlawed in the United States. Boy, did
they look disappointed!
December 8, 2003
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