1. GRANT OF LICENSE
2. PROVISION OF INFORMATION
When you provide information to Hobsons through a Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from Hobsons for any purpose.
3. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
4. INTELLECTUAL PROPERTY RIGHTS
All material contained on these Sites, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Hobsons does not grant any express or implied right(s) to Users of these Sites. Copyright and other proprietary rights in a Site, or portions thereof, may be held by individuals and/or entities other than Hobsons. Removing or altering the copyright notice on any material on a Site is prohibited. Hobsons owns a copyright in these Sites as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of a Site’s content.
Hobsons, the Hobsons logo, and all other trademarks, names, logos, and icons identifying Hobsons or Hobsons’ products and services are proprietary marks of Hobsons, Inc. and its subsidiaries and are registered and/or common law trademarks of Hobsons, Inc. and its subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hobsons. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hobsons and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hobsons. All other trademarks, registered trademarks, product names and company names or logos mentioned in these Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hobsons.
The contents of these Sites are ©2012 Hobsons, Inc. All rights reserved worldwide.
6. YOUR REGISTRATION INFORMATION
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Hobsons, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Hobsons.
7. COMPLIANCE WITH APPLICABLE LAWS
User’s access to our Sites is governed by all applicable federal, state and local laws. You agree to fully comply with all such laws.
8. CODE OF CONDUCT
You agree not to do any of the following:
- Restrict or inhibit any other user from using and enjoying our Sites. This includes, without limitation: (a) using, or attempting to use, any account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Hobsons, our affiliates, our Sites’ systems, or other entities.
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
- Post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information.
- Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Hobsons) information or material.
- Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
- Use our Sites to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s rights You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
- Use our Sites for any unlawful purpose.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Sites.
- Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
- Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of our Sites specifically designated for such purpose (and subject to applicable Site rules).
- Misuse any e-mail function available on or through our Sites. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
9. USE OF INTERACTIVE AREAS
The Sites may contain discussion forums in which you or third parties may post reviews of, make recommendations for or give ratings of content, events, products, services or third-party providers, or post other content, messages, materials or other items on the Site (“Interactive Areas”). If Hobsons provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with the Code of Conduct set forth above with respect to your use of the Interactive Areas. You acknowledge and agree that Hobsons may set up any such forum to be accessible by all Site users or by certain Site users elected at the sole discretion of Hobsons or any designee chosen by Hobsons. Eligibility for access or membership in any given forum (or any continued access and membership) shall be determined by Hobsons or its designee in its sole discretion, and you may not be given access to certain forums.
No review, recommendation or rating on these Sites or in any Interactive Area shall be deemed to be an endorsement by Hobsons of any the particular matter subject of the review, recommendation or, if such matter is a third-party provider, a guarantee of such provider’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
Hobsons takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Hobsons liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Hobsons is not liable for any statements, representations or content provided by its Users in any public forum, personal home page or other Interactive Area. Although Hobsons has no obligation to screen, edit, or monitor any of the content posted to or distributed through any Interactive Area, Hobsons reserves the right, and has absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any material you post or store in these areas at your sole cost and expense.
10. ASSUMPTION OF RISK
Use of the Internet and these Sites are solely at your own risk and are subject to all applicable local, state, national, and international laws and regulations. While Hobsons has endeavored to create secure and reliable Sites, please be advised that the confidentiality of any communication or material transmitted to/from the Sites over the Internet cannot be guaranteed. Accordingly, Hobsons and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using these Sites and must make his or her own determination as to these matters.
11. LAW ENFORCEMENT
Hobsons reserves the right to view, monitor, and record activity on these Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Hobsons will also comply with all court orders involving requests for such information.
12. LINKS TO OTHER SITES; THIRD PARTY SERVICES
These Sites may contain or provide information regarding applications, products and/or services provided or offered by third parties. Hobsons is merely an information provider and is not a referral service, and it does not recommend or endorse any such third-party applications, products and/or services or monitor or have any control over such third-party applications, products and/or services. Therefore, Hobsons makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such third-party applications, products and/or services or the results obtained therefrom, and Hobsons assumes no responsibility or liability for any third-party applications, products and/or services or for the actions or failure to act of those providing such third-party applications, products and/or services. You assume full responsibility for your use of any such third-party applications, products and/or services
Hobsons, in its sole discretion, may offer links to other Web sites (“third-party sites”) that may offer various products, services, and/or information. Users should be aware that use of these third-party Web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Hobsons cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. Hobsons does not endorse any of the products or services offered in any third-party sites. Further, Hobsons has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. Hobsons expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is online or offline, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
13. EVENTS BEYOND HOBSONS’ CONTROL
Users expressly absolve and release Hobsons from any claim of harm resulting from a cause beyond Hobsons’ control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
WHILE HOBSONS ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, HOBSONS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THESE SITES OR IN THE INFORMATION AVAILABLE ON THESE SITES AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THESE SITES. HOBSONS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THESE SITES FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Hobsons assumes no liability or responsibility for any errors or omissions on these Sites; any failures, delays or interruptions in the Sites’ accessibility; any losses or damages arising from the use of the Sites; any conduct by other users of the Sites; or unauthorized access to or use of the Sites or servers. Hobsons reserves the right to deliver the Sites in Hobsons’ sole discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOBSONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THESE SITES ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.
IN NO EVENT SHALL EDR OR ANY OF HOBSONS’ DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HOBSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HOBSONS AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case Hobsons’ liability shall be limited to the maximum extent permitted by applicable law.
17. RIGHT TO BLOCK CONTENT
18. DIGITAL MILLENNIUM COPYRIGHT ACT
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. Hobsons reserves the right to remove any material on these Sites which allegedly infringes another person’s copyright. If you believe in good faith that materials hosted by Hobsons infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to them blocked.
Such notice must meet statutory requirements imposed by the DMCA and must be in writing and include the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
- A description of the material that you claim to be infringing, as well as its location on the respective Site;
Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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 for these Sites should be sent to: Matthew S. Kelman. Esq., 46 Southfield Avenue, Suite 400, Stamford, CT 06902.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
19. GOVERNING LAW
23. TERMINATION AND MODIFICATION
Hobsons reserves the right in its sole discretion to terminate, block or restrict your use of these Sites or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, Hobsons reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.
You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify these Sites or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others.
25. ENTIRE AGREEMENT/RESERVATION OF RIGHTS