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Ice Cold Stocks Website Terms of Service (TOS) and Notices
1. THIS IS AN AGREEMENT BETWEEN YOU AND Ice Cold Stocks
This is an agreement ("Agreement") between you and Ice Cold Stocks (or, if applicable based on where you live, one of its affiliates) ("ICE COLD STOCKS"). This Agreement governs your use of any Web site or Web page operated by Ice Cold Stocks(each, a "Ice Cold Stocks Web Site," and collectively, the "Ice Cold Stocks Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. ICE COLD STOCKS OFFERS THE ICE COLD STOCKS WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ICE COLD STOCKS WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
2. HOW ICE COLD STOCKS MAY MODIFY THIS AGREEMENT
ICE COLD STOCKS reserves the right to change the terms, conditions, and notices under which it offers the ICE COLD STOCKS Web Sites, including any charges associated with the use of the ICE COLD STOCKS Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ICE COLD STOCKS Web Site. Your continued use of the ICE COLD STOCKS Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any ICE COLD STOCKS Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ICE COLD STOCKS Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a ICE COLD STOCKS Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE ICE COLD STOCKS WEB SITES
The ICE COLD STOCKS Web Sites are only for your personal use. You will not use the ICE COLD STOCKS Web Sites for commercial purposes. You will not use the ICE COLD STOCKS Web Sites in any way that is unlawful, or harms ICE COLD STOCKS, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "ICE COLD STOCKS Party" and collectively, the "ICE COLD STOCKS Parties") or any customer of a ICE COLD STOCKS Party, as determined in Investorworm's sole discretion. ICE COLD STOCKS may tell you about certain specific harmful uses in a code of conduct or other notices available through a ICE COLD STOCKS Web Site, but has no obligation to do so. You may not use the ICE COLD STOCKS Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the ICE COLD STOCKS Web Sites. Without limiting the generality of this section, you may not use the ICE COLD STOCKS Web Sites in any manner that could damage, disable, overburden, or impair any ICE COLD STOCKS Web Site (or the network(s) connected to any ICE COLD STOCKS Web Site) or interfere with any other party's use and enjoyment of the ICE COLD STOCKS Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the ICE COLD STOCKS Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ICE COLD STOCKS Web Sites in any way that violates the ICE COLD STOCKS Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. ICE COLD STOCKS may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the ICE COLD STOCKS Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ICE COLD STOCKS Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to ICE COLD STOCKS related to the ICE COLD STOCKS Web Sites (a "Submission"), you grant ICE COLD STOCKS permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the ICE COLD STOCKS Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. ICE COLD STOCKS will not pay you for your Submission. ICE COLD STOCKS may remove your Submission at any time for any reason. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, ICE COLD STOCKS may monitor your e-mail that you send to your clients relating to Ice Cold Stocks, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the ICE COLD STOCKS Parties or any customer of a ICE COLD STOCKS Party.
6B. ANALYSTS/ADVISORS
Stock and/or financial analysts and/or advisors ("ADVISORS") are solely responsible for the content that they post on Ice Cold Stocks Web site. All ADVISORS who post on Ice Cold Stocks Web Site agree to hold harmless Ice Cold Stocks, its employees, officers, and share holders against any claim(s) arising from any action, information, or advice provided by said ADVISORS. ADVISORS agree to assume all responsibility for their content or actions and agree to defend Ice Cold Stocks, its employees, officers, and share holders, including the payment of any and all resultant Ice Cold Stocks legal fees, against any and all legal claims therein that result either directly or indirectly from the ADVISORS content on ICE COLD STOCKS web site. ICE COLD STOCKS recommends that all ADVISORS include their usual disclaimers with their insights, recommendations and other content that they post on Ice Cold Stocks web site; however, ICE COLD STOCKS assumes no responsibility for assuring that such disclaimers are included.
6C. MORE ON LIABILITY
Under no circumstances will ICE COLD STOCKS be liable for direct, indirect, incidental, or any other type of damages resulting from your use, or downloading of any content on our site. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by anything beyond our control in creating or delivering any portion of ICE COLD STOCKS. ICE COLD STOCKS believes that you are the best person to handle your finances, and by your use of our service, you are agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that ICE COLD STOCKS will not be liable for any investment decision made or action taken by you or others based upon reliance on news, information, or any other material presented in any section of ICE COLD STOCKS. ICE COLD STOCKS uses various sources of information that we believe to be accurate and reliable. However, we make no claims or representations as to the accuracy, completeness, or truth of any material contained on our site.
All information contained herein is obtained by Ice Cold Stocks from sources believed by Ice Cold Stocks to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, neither Ice Cold Stocks (and its affiliates) nor the Information providers are responsible for any errors or omissions, either Ice Cold Stocks’s (the affiliates’) or the Information Providers'. All information is provided "as is" without warranty of any kind. Ice Cold Stocks (its affiliates) and the Information Providers make no representations and disclaim all express, implied, and statutory warranties of any kind to user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
Unless due to willful tortious misconduct or gross negligence, Ice Cold Stocks (and affiliates) and the Information Providers have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party.
Ice Cold Stocks (and affiliates) and the Information Providers shall under no circumstance be liable to user, and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Ice Cold Stocks has been advised of the possibility of such damages.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause of the Disclaimer declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Disclaimer may only be amended in a writing signed by Ice Cold Stocks and are governed by the laws of the State of New York.
7A. SOFTWARE
Your use of any software associated with the ICE COLD STOCKS Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then ICE COLD STOCKS grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the ICE COLD STOCKS Web Sites and in accordance with this Agreement. ICE COLD STOCKS reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. ICE COLD STOCKS or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. ICE COLD STOCKS may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the ICE COLD STOCKS Web Sites.
7B. More on Software ICS accepts no responsibility related to any software at our site except those title that we produce. If you have any questions or complaints or claims involving any of the software programs, it is your responsibility to contact the publisher of that software.
ICS makes no representations or warranties with respect to the accuracy or completeness of the software programs on this site. ICS specifically disclaims any warranties of merchantability or fitness, implied or otherwise, for any particular purpose. ICS shall in no event or respect whatsoever be held liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, or any other damages. The accuracy and completeness of the information that ICS has provided are opinion and are not guaranteed or warranted to produce particular or specific results. Note that the strategies, suggestions, programs, techniques, and other suggestions may not be suitable for every individual.
7C. SOFTWARE VENDORS AND DISTRIBUTORS: We reserve the right to refuse any submitted software. We refuse to accept any software that has been illegally produced, transmitted, published or copied or any software that contains inappropriate or illegal material. In addition, if you find that your software has been submitted and published on ICS and you do not want it on the ICS site for whatever reason, notify ICS at admin@icecoldstocks.net with the words "Remove Software Toitles" in the Subject, and your titles will be removed immediately after we have confirmed that you have the authority to make such a claim.
8. INFORMATION AVAILABLE FROM THE ICE COLD STOCKS WEB SITES
ICE COLD STOCKS and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ICE COLD STOCKS Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the ICE COLD STOCKS Web Sites. ICE COLD STOCKS and its suppliers do not authorize the use of information available from the ICE COLD STOCKS Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. ICE COLD STOCKS is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the ICE COLD STOCKS Web Sites constitute an offer or solicitation to buy or sell any security. ICE COLD STOCKS does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the ICE COLD STOCKS Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
ICE COLD STOCKS may allow certain stock and/or financial analysts and/or advisors ("ADVISORS") to post content, opinions, and advice on the Ice Cold Stocks Web site. Said ADVISORS are solely responsible for what they post. ICE COLD STOCKS will make its best effort to insure that all information falls within NASD guidelines, but in any case cannot be held responsible for any oversights. All ADVISORS who post on Ice Cold Stocks Web Site are solely responsible for what they post and recommend. All visitors are responsible for their own due diligence and should consult a registered financial advisor before buying or a selling a stock or equity. Anyone who uses information posted on Ice Cold Stocks Web Site agrees to hold harmless Ice Cold Stocks, its employees, officers, and share holders against any claim arising from, but not limited to, any action, information, recommendation, or advice provided by said ADVISORS.
9. ICE COLD STOCKS MAKES NO WARRANTY
ICE COLD STOCKS PROVIDES THE ICE COLD STOCKS WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ICE COLD STOCKS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ICE COLD STOCKS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ICE COLD STOCKS WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY ICE COLD STOCKS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ICE COLD STOCKS WEB SITES, EVEN IF SUCH ICE COLD STOCKS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ICE COLD STOCKS WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ICE COLD STOCKS PARTY WITH RESPECT TO THIS AGREEMENT OR THE ICE COLD STOCKS WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ICE COLD STOCKS WEB SITES.
11. CHANGES TO THE ICE COLD STOCKS WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE ICE COLD STOCKS PARTIES MAY CHANGE THE ICE COLD STOCKS WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ICE COLD STOCKS Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ICE COLD STOCK sand persons other than ICE COLD STOCKS(any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE ICE COLD STOCKS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT ICE COLD STOCK SIS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ICE COLD STOCKS WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE ICE COLD STOCKS WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ICE COLD STOCKS WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ICE COLD STOCKS WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
ICE COLD STOCKS may terminate this Agreement, or terminate or suspend your access to the ICE COLD STOCKS Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ICE COLD STOCKS Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE ICE COLD STOCKS WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with ICE COLD STOCKS Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. If this Agreement is with a ICE COLD STOCKS affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such ICE COLD STOCKS affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject ICE COLD STOCKS Web Sites are directed. If this Agreement is with ICE COLD STOCKS, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Island County, Washington, USA in all disputes arising out of or relating to the use of the ICE COLD STOCKS Web Sites. If this Agreement is with a ICE COLD STOCKS affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such ICE COLD STOCKS affiliate in all disputes arising out of or relating to the use of the ICE COLD STOCKS Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. ICE COLD STOCKS may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ICE COLD STOCKS Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ICE COLD STOCKS with respect to the ICE COLD STOCKS Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ICE COLD STOCKS with respect to the ICE COLD STOCKS Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND ICE COLD STOCKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ICE COLD STOCKS WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the ICE COLD STOCKS Web Sites are Copyright © 2005 ICE COLD STOCKS, Inc. and/or its suppliers, PO Box 99, Chelsea, AL 35043 U.S. A. All rights reserved. ICE COLD STOCKS, ICE COLD STOCKS.net, ICE COLD STOCKS logo, and/or other ICE COLD STOCKS products and services referenced herein may also be either trademarks or registered trademarks of ICE COLD STOCKS in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain ICE COLD STOCKS Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain ICE COLD STOCKS Web Sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. Historical chart information supplied by Quote Media, Inc.
17. COPYRIGHT INFRINGEMENT NOTICE
Notice and procedure for making claims of copyright infringement.
If you believe that your work is being used on any of our Web sites in a manner that constitutes copyright infringement, please notify us at COPYRIGHT@icecoldstocks.net. Pursuant to the Digital Millennium Copyright Act, we will, upon receiving effective written notification of such a claim, promptly remove or disable access to material on this site that is claimed to be infringing or to be the subject of infringing activity. To be effective, the notification must include the following information:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material.
3. Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
5. A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.
18. OTHER NOTICES
Stock Quotes and E-mail Alerts
Stock quotes appearing on the ICE COLD STOCKS Web Sites and in email alerts are supplied by Financial Content, Inc. or other provider. Unless otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delay following their receipt from Financial Content,, Inc. or other provider. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with "time of last trade" to indicate the timeliness of the data.
All information provided by Financial Content, Inc. ("Financial Content") and its affiliates (the "Financial Content Information") included in the ICE COLD STOCKS Web Sites is owned by or licensed to Financial Content or other provider and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Financial Content Information or other provider only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Financial Content Information in any format to anyone, and no user shall use any Financial Content Information in or other provider in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a security trade based upon the Financial Content Information or other provider, you are advised to consult with your broker or other financial representative to verify pricing information. Neither Financial Content or other provider nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Financial Content Information or other provider. The Financial Content Information or other provider is provided to the users "as is." Neither Financial Content or other provider nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Financial Content Information or other provider or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting there from.
19. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
20. FORWARD LOOKING STATEMENTS
The ICS web site may include forward-looking statements that reflect current expectations of ICS, featured stocks, or others [including, but not limited to, commentators, news reports, and opinions from any other sources] ("Us") about a stocks or company's future results, performance, prospects and opportunities. ICS, reports of the featured stocks, or the opinions by others tries to identify these forward-looking statements by using words and phrases such as "may," "will," "expects," "anticipates," "believes," "intends," "estimates," "plan," "should," "typical," "preliminary," "we are confident" or similar expressions. These forward-looking statements are based on information currently available and are subject to a number of risks, uncertainties and other factors that could cause a company's actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. These risks, uncertainties and other factors include, without limitation, the Company's growth expectations and ongoing funding requirements, and specifically, the Company's growth prospects with scalable customers, and those outlined above. Other risks include the Company's limited operating history, the Company's history of operating losses, consumers' acceptance, the Company's use of licensed technologies, risk of increased competition, the potential need for additional financing, the terms and conditions of any financing that is consummated, the limited trading market for the Company's securities, the possible volatility of the Company's stock price, the concentration of ownership, and the potential fluctuation in the Company's operating results.
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