BetaSights Terms of Use Agreement

Version One (V1.1)  2009 February 23

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

Acknowledgment of Terms.  This Terms of Use Agreement ("Agreement") is a legally binding agreement between you and Productive Info, LLC ("we", "us", "Productive Info"). We provide the Website ("Website" or "Site") known as BetaSights.net, ("BetaSights") as well as all Products ("Products"), Services ("Services"), Data ("Data") and Information ("Information") related to the Site, including the "Sights" table of online information and various publications (such as Newsletters), subject to your compliance with the terms and conditions set forth in this Agreement. By using or accessing this Site or the Products, Services, Data and Information provided therein (and as hereinafter defined), you agree that you have read and understand this Agreement, and fully agree to all of the terms and conditions in this Agreement, which may be modified from time-to-time by us. If you do not agree to the provisions in this Agreement, you must not use or further access the Website, Products, Services, Data or Information. This Agreement, together with Productive Info's Privacy Policy, constitutes the entire agreement between you and Productive Info regarding the Website, Products, Services, Data and Information and supersedes and replaces any and all prior or contemporaneous agreements between you and Productive Info.

Amendments. We will post online any changes to the Privacy Policy and this Terms of Use. You can determine the date of the last change by noting the effective date of these documents. Your continued access to and usage of the Website or use of the Services signifies your agreement to any such modifications to the Privacy Policy and this Terms of Use. We encourage you to periodically review the Privacy Policy and this Terms of Use. You may at any time print, download and/or store a copy of the Privacy Policy and this Terms of Use.

Modifications to Website/Services/Content/Software. You acknowledge and agree that we may change, modify, amend, suspend or discontinue any aspect of the Website, Product, Services, Data or Information at any time, without notice and without liability to you or any OTHER third party.

Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy document available at the Site.

Code of Conduct. While using the Site you agree not to:

• Use the Site for any unlawful purpose;

• Restrict or inhibit any other visitor or member from using the Site;

• Express or imply that any statements you make are endorsed by us, without  prior written consent;

• Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

• Engage in spamming or flooding;

• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

• Remove any copyright, service mark, or other proprietary rights notices contained in the Site;

• "Frame" or "mirror" any part of the Site without prior written authorization by us;

• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to copy, capture, retrieve, index, "data mine," or in any way reproduce the Site or its Services, Data or Information in whole or in parts;

• Harvest or collect information about Site visitors or members without their express consent; or

• Permit anyone else whose subscription was terminated, or who is not a BetaSights member, to use the Site through your subscription, username, or password.

While using the Site you agree to comply with all applicable laws, rules and regulations.

Intellectual Property. You acknowledge and agree that the Website, Services, Data and Information (i.e., any items generally accessible on the Website) and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, Data and Information, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by us in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Data, Information, or Software, in whole or in part for any purpose whatsoever. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law and other federal, state, and/or local laws, where applicable.

Productive Info grants you a personal, non-transferable and non-exclusive right and license to use the Website, Services, Data, Information, or Software on a single Website access device, 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 Website, Services, Data, Information, or Software. You agree not to modify Software in any manner or form, or to use modified versions of Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Website, Services, Data, Information, or Software. You agree not to access the Website, Services, Data, Information, or Software by any means other than through the interface that is provided by us for doing so.

Membership Subscription. To have unlimited access to BetaSights' service, you must be a Member. When you register to become a Member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You agree not to transfer or resell your use of or access to BetaSights to any third party.

Password and Security. Certain Services available on the Website require that you register with  BetaSights using a User Name and a Password.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You agree to (i) immediately notify us of any unauthorized use of your User Name, Password, or account or any other breach of security, and (ii) ensure that you logoff from your account at the end of each session. Productive Info cannot and will not be liable for any losses or damages arising from your failure to comply with these provisions.

This Website uses industry-standard security measures such as secure sockets layer protocol ("ssl") to protect the transmission of your information to and from the website in accordance with THIS terms of use and THE privacy policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Although we strive to protect your information, we cannot ensure or warrant the security of any information transmitted to or from the Site.

Payment and Renewal. Current subscriptions for BetaSights Data, Information and Services are available through the BetaSights "Members" page. Payment for your subscription is due in advance of the yearly period. Near the end of your current annual subscription period, BetaSights will send an email to you at your membership email address to remind you to renew for the next annual period. 100% of subscription fees are non-refundable.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. BetaSights may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. 

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by BetaSights or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to: info@betasights.net. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use. Copyright © 2009 Productive Info, LLC. All Rights Reserved. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not translate, republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

"BetaSights", "BetaBlog", "This Is Not A Banner Ad", and the BetaSights logo are all service marks of Productive Info. No display or use of such marks may be made without the express written permission of Productive Info. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

Collaboration with Third Parties. Productive Info works with certain third parties ("Third Parties") to provide the Data, Information, Services, and Software available on this Website and to provide links to other websites. These third parties include, but are not limited to service providers, web hosting providers, technology providers, and the like. These entities may supply information for posting or access to this Website, but they do not control the content or policies of this Website. ALL DATA AND INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.

Links to Other Websites. The Site may contain links to other Internet websites or resources. Links to such third-party sites do not constitute any endorsement by Productive Info of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any claims, loss or damages caused or alleged to have been caused by the use of any third party sites or from the products, content, material or information presented by or available through those sites.

DISCLAIMERS OF Warranties. UNDER NO CIRCUMSTANCE IS PRODUCTIVE INFO LLC, AND OUR PARTNERS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS.

ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.

Productive Info, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR THE SERVICES, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.

Limitation of Liability. IN NO EVENT SHALL Productive Info, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, BE LIABLE for any indirect, special, incidental, consequential, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to us for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site or purchase the product.

Indemnification. You agree to indemnify, defend and hold Productive Info and its officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

MANDATORY ARBITRATION OF DISPUTES - ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND PRODUCTIVE INFO AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.

THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION.

If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.

THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF CALIFORNIA.

Waiver. If either of us does not exercise or enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.

The opinions and analyses included herein are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness. All information from BetaSights should be independently verified with the companies mentioned. Productive Info, LLC, nor its officers, directors, partners, contributors or employees/consultants, accepts no liability whatsoever for any direct or consequential loss arising from any use of information or publication from this website.

Survival. The following provisions shall survive the termination of this Agreement and shall apply indefinitely: 

- Code of Conduct

- Password and Security

- Ownership and Restrictions on Use

- Collaboration with Third Parties

- Intellectual Property

- Disclaimer of Warranties

- Limitation of Liability

- Indemnification

- Severability

- Mandatory Arbitration of Disputes

- Waiver

- Survival

The terms and conditions of this Terms of Use Agreement may be edited and modified by us at any time.