MANDATORY USER AGREEMENT
Wallstreetalert.de is available to you only if and only after you accept this
Mandatory User Agreement (“User Agreement”) in its entirety and
agree to comply with all of the terms, conditions, and notices contained herein
without any modification or exception.
This User Agreement consists of twenty-six (26) sections titled as follows:
1.) Instruction against reliance; 2.) No financial advice or products available;
3.)Prohibition against use of “Fraud-on-the-Market”; legal and
economic theories; 4.) Instruction to assume undisclosed trading counter to
published opinions; 5.) Exclusively for informational purposes; 6.) Protected
public speech; 7.) Convergence of opinions, factual descriptions and analysis
with others; 8.) Lack of attribution; 9.) No identification of real-life author;
10.) Prohibition against asserting authorship; 11.) No one is responsible
to you for the authorship of the writings found herein; 12.) Use of pseudonyms
or pen names; 13.) No corporate affiliation with any corporate entity called
“wallstreetalert”, Company, Inc., Corp, AG, Ltd. or SA; 14.) Right
to use “wallstreetalert” and/or “wallstreetalert.de”
brand names without corporate existence; 15.) Anonymous domain name registration;
16.) Lack of recourse; 17.) Prohibition against distribution; 18.) Distribution
of third party materials; 19.) Continuing consent; 20.) Waiver and release;
21.) Severability; 22.) Jurisdiction; 23.) Binding agreement not to contest
any term or condition; 24.) Modification without notice; 25.) Disclaimer;
26.) Copyright notice.
By clicking the check box “I accept this User Agreement in its entirety.”
and then clicking the box containing the statement “I Agree” you
are irrevocably agreeing with each and every statement contained in this User
Agreement.
All users are required to irrevocably agree with all the terms listed below
as a condition to using wallstreetalert.de and receiving email communications
from wallstreetalert.de and/or the owners of wallstreetalert.de, its directors,
officers, employees, owners, shareholders, affiliates, subsidiaries, and/or
agents (“Wall Street Alert”). If you do not agree with any of
the statements contained in the User Agreement you must click the box with
the statement “I Do Not Agree”; and you will not be allowed to
view the materials contained in the wallstreetalert.de internet website or
receive email communication from Wall Street Alert and/or wallstreetalert.de.
1. INSTRUCTION AGAINST RELIANCE
INVESTMENTS IN ALL SECURITIES, PARTICULARLY PUBLICLY-TRADED SHARES OF COMMON
STOCK, HAVE INHERENT RISK, AND A PERSON TAKES SUCH RISKS KNOWINGLY AND BEARS
FULL RESPONSIBILITY FOR HIS/HER OWN INVESTMENT RESEARCH AND DECISIONS. USE
OF THIS WEBSITE IS AT YOUR OWN RISK. NONE OF THE INFORMATION CONTAINED HEREIN
SHOULD BE CONSTRUED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY
ANY SECURITIES.
In cases where there exists controversy concerning a company's disclosures,
investors should not sell or buy their shares based on the theory that markets
price securities efficiently. Furthermore, investors should not rely on the
market to substitute for their own individual due diligence and deliberate
decision making. Opinions expressed are subject to change without notice.
2. NO FINANCIAL ADVICE OR PRODUCTS AVAILABLE
Neither Wall Street Alert nor wallstreetalert.de with the domain registrations
ending in .nl, .co.uk, .de, .be or .ch is a broker-dealer or investment advisor
registered with any governmental (Federal, state, province, local) securities
regulators, the Securities and Exchange Commission, the National Association
of Securities Dealers, Inc. or any exchange or other non-governmental self-regulatory
organization.
Wall Street Alert does not perform investment banking or other services for,
or solicit investment banking or other business from, any individual or company
mentioned by Wall Street Alert and/or wallstreetalert.de without expressly
disclosing the nature of any such relationship or compensation.
You cannot open an account for trading or any other purpose, obtain financial
advice or make a deposit into a managed account or hedge fund through Wall
Street Alert and/or wallstreetalert.de.
3. PROHIBITION AGAINST USE OF “FRAUD-ON-THE-MARKET” LEGAL AND
ECONOMIC THEORIES
Certain rulings have been constructed to allow shareholders of publicly-traded
companies to litigate claims against publishers based on ”Fraud-on-the-Market”
legal and economic loss theories. Cases have been allowed to proceed even
under circumstances where the shareholder made no payments to the publisher,
the published material was factual and complete, and the publisher had no
relationship whatsoever with the shareholder.
Wallstreetalert.de users waive their right to and agree not to make any claims
against Wall Street Alert and/or wallstreetalert.de or its directors, officers,
owners, shareholders, employees, affiliates, subsidiaries, or agents, or anyone
connected with publications contained in or received from wallstreetalert.de,
based on or in reliance on any “Fraud-on-the Market” or similar
legal or economic loss theory.
4. INSTRUCTION TO ASSUME UNDISCLOSED TRADING COUNTER TO PUBLISHED OPINIONS
Except for disclosure of stock positions in profiled companies at the time
of the profile, Wall Street Alert and/or wallstreetalert.de does not provide
any disclosures pertaining to the amount, price or timing of any sales, purchases,
short sells or purchases to cover short sales transactions in any of the securities
referred to in its reports by any party. You agree to not either directly
or through any legal proceeding attempt to discover any information concerning
Wall Street Alert and/or wallstreetalert.de or any related party transactions
in any securities referred to on wallstreetalert.de. Wall Street Alert makes
no representations as to the stock positions of third parties, including (without
limitation) content providers.
You are instructed to assume that Wall Street Alert and/or wallstreetalert.de
and its directors, officers, owners, shareholders, employees, affiliates,
subsidiaries, agents and/or content providers, if any, actively engage in
transactions prior to, at the time and after the release of a report, or at
any other time, and that these transactions are solely and exclusively in
their interest and counter to your own, and opposite to Wall Street Alert
and/or wallstreetalert.de's published opinions.
5. EXCLUSIVELY FOR INFORMATIONAL PURPOSES
The material provided in or received from Wall Street Alert and/or wallstreetalert.de
is for informational purposes only. No mention of a particular security at
the wallstreetalert.de website constitutes a recommendation to buy, sell,
or hold that or any other security, or that any particular security, portfolio
of securities, transaction or investment strategy is suitable for any specific
person. No one will advise you personally concerning the nature, potential,
value or suitability of any particular security, portfolio of securities,
transaction, investment strategy or other matter.
Neither Wall Street Alert nor wallstreetalert.de guarantee or warrant the
adequacy, accuracy, completeness or current state of any information, the
suitability or profitability of any particular investment, or the potential
value of any investment or informational source.
Investments in securities, commodities or futures have inherent risk, and
a person takes such risks knowingly and bears full responsibility for his/her
own investment research and decisions.
6. PROTECTED PUBLIC SPEECH
All of the information provided or received from Wall Street Alert and/or
wallstreetalert.de must be taken as a whole and in its entirety. All of the
statements on wallstreetalert.de involve, concern and are directed at public
issues and public controversies of interest to the public at large. Wallstreetalert.de
contains no statements of fact. All of the statements published by wallstreetalert.de
constitute written opinions and are not provided to assist any individual
or entity in making any investment decision.
7. LACK OF ATTRIBUTION
NONE OF THE MATERIAL FOUND AT WALL STREET ALERT AND/OR WALLSTREETALERT.DE
MAY BE ATTRIBUTED TO ANY INDIVIDUAL PERSON INCLUDING OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, OWNERS, CONTRIBUTORS, CONSULTANTS, COLLABORATORS,
AGENTS, AFFILIATES OR SUBSIDIARIES OF WALL STREET ALERT AND/OR WALLSTREETALERT.DE.
8. NO IDENTIFICATION OF REAL-LIFE AUTHOR
All of wallstreetalert.de’s content is published on an unattributed
basis. Users agree that they will not under any conditions or for any reason
attribute or attempt to attribute any of the writings found herein to any
individual author and agree to respect the anonymity of wallstreetalert.de's
real-life author and/or authors.
9. PROHIBITION AGAINST ASSERTING AUTHORSHIP
Wallstreetalert.de users hereby further agree that they will not under any
circumstances use any technical approach such as stylometry or content or
content-independent commonalities analysis to attempt to identify wallstreetalert.de’s
real-life author and/or authors. Wallstreetalert.de users further agree not
to use any method whatsoever, including but not limited to legal arguments,
text extraction or segmentation, linguistic forensics, heuristics clues, topic-based
or connections analysis, logistic regression, unconscious elements of author
style, high frequency words, or pairs of synonyms to identify wallstreetalert.de’s
real-life author and/or authors.
10. NO ONE IS RESPONSIBLE TO YOU FOR THE AUTHORSHIP OF THE WRITINGS FOUND
HEREIN
Any reputational qualities created or generated from Wall Street Alert and/or
wallstreetalert.de’s prior writings belong to Wall Street Alert and/or
wallstreetalert.de alone. Users are specifically instructed not to give any
preferential treatment because of reputation, for any other reason, to any
analysis or opinions found on Wall Street Alert and/or wallstreetalert.de
over any other source.
11. USE OF PSEUDONYMS OR PEN NAMES
Materials distributed by Wall Street Alert and/or wallstreetalert.de may be
published under a false or fictitious name assumed by one or more of its real-life
authors or editors. You are required to irrevocably agree not to in any manner
or way, or for any reason whatsoever, challenge the use of pseudonyms or attempt
to identify the individual or individuals using pseudonymity to protect their
identity as authors of any Wall Street Alert and/or wallstreetalert.de content
that bears or uses a false or fictitiously named author.
12. DISTRIBUTION AND/OR INCORPORATION OF UNRELATED THIRD-PARTY MATERIALS WITHOUT
DISTINCTION
User agrees that Wall Street Alert and/or wallstreetalert.de’s published
reports and opinions are its own. Subjects of Wall Street Alert and/or wallstreetalert.de’s
reports are engaged in the dissemination of statements in press releases,
filings with the Securities and Exchange Commission, their own websites, the
media and other promotional activities available to the public-at-large and
the investment community. User agrees that the publication or existence, privately
or publicly, of opinions and statements similar, comparable and sympathetic
to those of Wall Street Alert and/or wallstreetalert.de does not constitute
any basis to claim that these other sources, owners or publishers of opinions
and statements similar, comparable and sympathetic to those of Wall Street
Alert and/or wallstreetalert.de are sources of or in anyway related to Wall
Street Alert and/or wallstreetalert.de.
13. NO CORPORATE AFFILIATION WITH ANY CORPORATE ENTITY CALLED WALL STREET
ALERT, COMPANY, INC., CORP, AG, LTD. OR SA.
Wall Street Alert and/or wallstreetalert.de is not owned or operated by or
affiliated with, any corporate entity that may exist that is incorporated
under the name Wall Street Alert and/or wallstreetalert.de.
14. RIGHT TO USE “WALLSTREETALERT AND/OR WALLSTREETALERT.DE BRAND NAMES
WITHOUT CORPORATE EXISTENCE
Wallstreet.de obtained the limited right to use the “wallstreetalert”
brand on our website, press releases, reports, industry surveys and email
distributions through registration of the domain names wallstreetalert.de,
wallstreetalert.ch, wallstreetalert.be, wallstreetalert.nl, wallstreetalert.at
and wallstreetalert.co.uk.
15. ANONYMOUS DOMAIN NAME REGISTRATION
Wallstreetalert.de, wallstreetalert.ch, wallstreetalert.be, wallstreetalert.nl,
wallstreetalert.at and wallstreetalert.co.uk are anonymously registered domain
names with “free net”; a website that seeks as its primary objective
before all other goals to avail itself of all applicable international, U.S.
Federal and State laws, and technological aids and other resources to avoid,
preclude, limit and control any legal liability to any user or any individual
or entity that is mentioned or is the subject of its content, and to also
avoid any government and non-government regulations that may seek jurisdiction
over the operation of the website and its content. In the absence of the availability
of such avoidance, the website seeks to protect itself to the maximum extent
available under all applicable laws, rules and regulations.
The terms and instructions contained in this User Agreement in section seven
(7) titled “Lack of attribution”; section eight (8) titled “No
identification of real-life author”; section nine (9) titled “Prohibition
against asserting authorship”; and section ten (10) titled “No
one is responsible to you for the authorship of the writings found herein”;
also apply in their entirety with any necessary modification therein to limit
and preclude your right to obtain any information about the domain name registration
of wallstreetalert.de, wallstreetalert.ch, wallstreetalert.be, wallstreetalert.nl,
wallstreetalert.at or wallstreetalert.co.uk.
16. LACK OF RECOURSE
If you are dissatisfied with any Wall Street Alert and/or wallstreetalert.de
material and publications, or with any of Wall Street Alert and/or wallstreetalert.de
terms and conditions, your sole and exclusive remedy is to discontinue using
the wallstreetalert.de website. Wall Street Alert and/or wallstreetalert.de
reserves the right to deny access to this website to anyone at any time. Any
rights not expressly granted herein are reserved.
Wall Street Alert and/or wallstreetalert.de is not be liable for any loss
or injury resulting directly or indirectly from use of wallstreetalert.de,
whether or not caused in whole or in part by Wall Street Alert’s and/or
wallstreetalert.de’s negligence or by contingencies beyond Wall Street
Alert’s and/or wallstreetalert.de’s control. Wall Street Alert
and/or wallstreetalert.de is not responsible or liable, directly or indirectly,
for any loss or damage caused by use of or reliance on or inability to use
or access wallstreetalert.de. WALLSTREETALERT. DE IS PROVIDED “AS IS”;
AND “AS AVAILABLE”; AND WALLSTREETALERT. DE MAKES NO WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
17. PROHIBITION AGAINST DISTRIBUTION
All materials contained on this website are protected by copyright law and
may not be reproduced, distributed, transmitted, displayed, published or broadcast
without the prior written permission of Wall Street Alert and/or wallstreetalert.de.
Users may download material from the wallstreetalert.de internet website for
their personal, noncommercial use only. You may not alter or remove any boilerplate,
trademark, copyright or other notice from the downloaded material.
Each report should contain the following warning: “Wall Street Alert’s
and/or wallstreetalert.de’s reports are published and distributed solely
and exclusively to registered wallstreetalert.de subscribers who have read
and agreed to the Terms of Use and Mandatory User Agreement located at http://www.wallstreetalert.de/TermsOfUse_en.html
and included herein in its entirety by reference thereto and by notice of
its availability.”
18. DISTRIBUTION OF THIRD PARTY MATERIALS
Wall Street Alert and/or wallstreetalert.de receives submissions in the form
of opinions, data, articles, commentaries and other written materials on subjects
related to its scope of interest from identified and unidentified sources
on an unsolicited basis. These materials may be edited and incorporated in
whole or in part into content distributed to wallstreetalert.de subscribers
with or without disclosing the source.
Wall Street Alert and/or wallstreetalert.de may know the identity of author(s)
and/or submitters. The absolute prohibitions against users, subscribers and
readers contained elsewhere in this User Agreement pertaining to attempts
to identify real life authors, to attribute and/or assert authorship, or claim
or attempt to claim that anyone is responsible to you for Wall Street Alert
and/or wallstreetalert.de content applies to the authors, submitters, and
collaborators of any third part material distributed by wallstreetalert.de
or incorporated into wallstreetalert.de’s content.
19. CONTINUING CONSENT
Your consent to each and every term in this User Agreement is required for
each and every use by you of the wallstreetalert.de website. Each visit to
our homepage and website, whether you store your consent on your computer
or not, constitutes a new visit, and your access to our content, whether through
the initial login page or otherwise, affirmatively consents to these terms.
20. WAIVER AND RELEASE
It is understood that this website contains information that is of public
interest and has specific value. User waives all rights of any kind, now and
in the future, to pursue any claims against any entities arising out of the
use of this site and out of the reliance, real or claimed, on any opinions
asserted herein or on any information disseminated herein. User specifically
releases Wall Street Alert and/or wallstreetalert.de, its officers, directors,
employees, owners, agents, writers and operators from any such potential claims
and acknowledges that access to the information contained herein constitutes
sufficient consideration for that release.
21. SEVERABILITY
If any term or condition contained herein shall be held unenforceable by a
court of competent jurisdiction, then the remaining terms of this User Agreement
shall be considered to be severable and shall remain in full force and effect.
22. JURISDICTION
Users agree that the exclusive jurisdiction and venue for any disputes arising
out of the use of this website shall not be under any circumstances any state,
municipal, city, Federal or other court located in any state, city, county,
district or geographical area within the United States of America or its territories.
23. BINDING AGREEMENT NOT TO CONTEST ANY TERM OR CONDITION
Wallstreetalert.de only allows its content to be viewed by its registered
users who have agreed to be bound by this User Agreement in its entirety.
Wall Street Alert and/or wallstreetalert.de users agree that they will not
under any circumstances seek to challenge or contest the enforceability, legality
or applicability of this User Agreement
24. MODIFICATION WITHOUT NOTICE
Wall Street Alert and/or wallstreetalert.de shall have the right, at its discretion,
to change, modify, add or remove terms of this User Agreement at any time
without notice. Changes shall be effective immediately. You agree to review
this User Agreement periodically since subsequent use by you of this website
shall constitute your acceptance of any changes. Wall Street Alert and/or
wallstreetalert.de shall have the right at any time to change or discontinue
any aspect of the website, including, but not limited to, the community areas,
content, hours of availability and equipment needed for access to use. Such
changes, modifications, additions or deletions shall be effective immediately
upon posting and any subsequent use by you after such posting shall conclusively
be deemed to be acceptance by you of such changes, modifications or deletions.
25. DISCLAIMER
ALL MATERIALS AND SERVICES IN THIS WEBSITE AND THIRD-PARTY SITES TO WHICH
IT LINKS ARE PROVIDED “AS IS”; WITHOUT WARRANTY OF ANY KIND. THE
CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WALL STREET
ALERT AND/OR WALLSTREETALERT.DE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS
WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. WALL
STREET ALERT AND/OR WALLSTREETALERT.DE MAKES NO REPRESENTATIONS AND, TO THE
FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, AND WARRANTIES
REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT,
SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN
THIS WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS WEBSITE
AND/OR THE CONTENT CONTAINED HEREIN. WALL STREET ALERT AND/OR WALLSTREETALERT.DE
DOES NOT WARRANT THAT MATERIALS WILL BE ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE
COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. THE INFORMATION CONTAINED
HEREIN HAS BEEN PREPARED FROM ORIGINAL SOURCES AND DATA WHICH WE BELIEVE TO
BE RELIABLE BUT ACCURACY IS NOT GUARANTEED.
26. COPYRIGHT NOTICE
All contents of this website are: Copyright 2005 wallstreetalert.de. All rights
reserved.
This website is for the user's personal, noncommercial use. If you download
any material, you must keep all copyright and other notices intact. The right
to use it is not transferable to any other person or entity. User is responsible
for all use of user's account (under any username or password). Users may
not modify copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
or other content, software, products or services obtained from this website.
In addition, the information may not be taken out of context or presented
in an unfair, misleading or discriminatory manner.