|
Current as of April 14, 2007
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY Cyber Profit WEBSITE
YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
("AGREEMENT") BETWEEN YOU AND Cyber Profit. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
You hereby acknowledge and agree as follows:
License Grant.
Cyber Profit Inc. ("Cyber Profit"), a corporation organized and existing
under the laws of Lebanon, hereby grants you a limited, non-exclusive, personal,
non-assignable and non-transferable license to access and use the Cyber Profit
Website, provided and expressly conditioned upon your agreement that all such
access and use shall be governed by all of the terms and conditions set forth in
this User Agreement (the "Agreement").
The Cyber Profit Website. The "Cyber Profit Website" includes, as applicable
and without limitation:
(a) Cyber Profit's on-line computer system including all electronic
databases and services accessed by or through Cyber Profit's on-line
computer system, and individual items within those databases or services which
may constitute independent works of authorship;
(b) all documentation, including user manuals, operations manuals and the
like provided to you by or for Cyber Profit, for use in connection with the
on-line computer system; and
(c) any other courses, video presentations, audio presentations, slideshows,
software, products, services, data or information provided by Cyber Profit or
obtained through Cyber Profit's on-line computer system (collectively
referred to herein as "information").
No offer, No Obligation.
No information published on the Cyber Profit website constitutes a solicitation
or offer, or recommendation, to buy or sell any investment instruments, to effect any
transactions, or to conclude any legal act of any kind whatsoever.
The information published and opinions expressed are provided by Cyber Profit for
personal use and for informational purposes only and are subject to change without notice.
Cyber Profit makes no representation (either express or implied) that the information and
opinions expressed on the Cyber Profit website are accurate, complete or up to date.
In particular, Cyber Profit shall not be obliged to remove any outdated information from
the Cyber Profit website or to expressly mark it as being outdated. Nothing contained on
the Cyber Profit website constitutes financial, legal, tax or other advice, nor should any
investment or any other decisions be made solely based on the Cyber Profit website content.
You should obtain advice from a qualified expert before making any investment decision.
Ownership, Use and Intellectual Property Rights.
The Cyber Profit Website is the valuable, exclusive property of Cyber Profit
or its licensors, and nothing in this Agreement shall be construed as
transferring or assigning any ownership rights in such property to you or any
other person or entity. You have a license to use the Cyber Profit Website, as
long as you comply with the terms of this Agreement or until Cyber Profit
terminates this Agreement or your access rights. Ownership of the Cyber Profit
Website, and any documentation or information, shall remain at all times with
Cyber Profit or its licensors. The Cyber Profit Website is protected by contract
law and intellectual property law, including domestic and international
copyright law, and all intellectual property rights in the Cyber Profit Website
belong to Cyber Profit or its licensors.
If Cyber Profit provides you with an access identification, you may not allow
concurrent use of the Cyber Profit Website by multiple users utilizing identical
user identification numbers, or allow another person or entity to use your user
identification number to access the Cyber Profit Website. You may not remove,
alter or obscure any copyright, legal or proprietary notice in or on any portion
of the Cyber Profit Website. You may store in the memory of your computer and
may manipulate, analyze, reformat, print and/or display for your use only, the
information received or accessed through the Cyber Profit Website pursuant to
this Agreement. You may not resell, redistribute, broadcast or transfer the
information or use the information in a searchable, machine-readable database.
Unless separately and specifically authorized in writing by an officer of Cyber
Profit, you may not rent, lease, sublicense, distribute, transfer, copy,
reproduce, publicly display, publish, adapt, store or time-share the Cyber
Profit Website, any part thereof, or any of the information received or accessed
therefore, to or through any other person or entity. All rights not granted to
you herein are expressly reserved by Cyber Profit or its licensors. Cyber Profit
and its licensors reserve all rights to enforce their copyright and intellectual
property rights.
Delays in Services; Force Majeure.
Any delays in or failure of performance by Cyber Profit or any of its
licensors, service providers or service sponsors (including its and their
officers, directors, employees, affiliates, agents, representatives and
subcontractors) shall not give rise to any claims for damages, or any loss or
liability, if and to the extent caused by interruptions due to electronic or
mechanical equipment failures, telephone interconnect problems, defects, or
occurrences beyond Cyber Profit's control, including but not limited to
acts of governmental authority, weather, fire, floods, explosions, acts of God,
strikes or other concerted acts of workers, riots, armed conflicts, acts of war,
or sabotage. Cyber Profit shall have no responsibility to provide you access to
the Cyber Profit Website while interruption of the Cyber Profit Website due to
any such or similar cause shall continue.
Termination.
This Agreement and the limited license rights granted hereunder shall remain
in full force and effect unless terminated or canceled for any of the following
reasons:
immediately by Cyber Profit for any unauthorized access or use by you,
including, without limitation:
concurrent access of the Cyber Profit Website by multiple users utilizing
identical user identification numbers;
permitting another person or entity to use your user identification number to
access the Cyber Profit Website; or
any other access or use of the Cyber Profit Website except as expressly
provided in this Agreement.
immediately by Cyber Profit if you assign or transfer (or attempt to assign
or transfer) any rights granted to you under this Agreement;
immediately by Cyber Profit if you fail to abide by the rules and regulations
relating to the use of, or tamper with or alter any of the software and/or data
files contained in or accessed through, the Cyber Profit Website;
immediately by Cyber Profit if you transmit or receive using the Cyber Profit
Website (or cause the transmission or receipt of) any pornographic, obscene,
disparaging, defamatory, or libelous information of any nature or form
whatsoever, with respect to any other user, company, or any other person or
business entity. Cyber Profit, in its sole discretion, shall determine whether
any information transmitted or received violates this provision;
immediately by Cyber Profit if you violate any of the other terms and
conditions of this Agreement; or
f. immediately upon termination of your subscription to the Cyber Profit
Website.
Termination or cancellation of this Agreement shall not affect any other
right or relief to which Cyber Profit may be entitled, whether at law or in
equity. Upon termination of this Agreement, all rights granted to you will
terminate and revert to Cyber Profit. Regardless of the reason for cancellation
or termination of this Agreement. On termination of this Agreement, as requested
by Cyber Profit, you agree to erase and destroy any copies of the Cyber Profit
Website you have made. You agree to certify to Cyber Profit your compliance with
these requirements in writing upon Cyber Profit's request. All provisions
in this Agreement, relating to proprietary rights, indemnification and
limitation of liability shall survive termination of this Agreement.
Monitoring.
You acknowledge that Cyber Profit reserves the right to, and that Cyber
Profit may from time to time choose to, monitor any and all information
transmitted or received through the Cyber Profit Website. Cyber Profit, in its
sole discretion and without further notice to you, may review, censor or
prohibit the transmission or receipt of any information which Cyber Profit deems
inappropriate (such as that specified in subparagraph (d) of the Termination
paragraph above,) or that Cyber Profit determines violates any term or condition
of this Agreement.
Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary to
access the Cyber Profit Website, and the costs of any such equipment and/or
telephone connections or use, including any applicable taxes, shall be borne
solely by you. You shall reimburse Cyber Profit for any such costs incurred by
Cyber Profit due to use of the Cyber Profit Website by you; such reimbursement
shall be billed to you and payable in accordance with your payment for access to
the Cyber Profit Website. You are responsible for operating your own equipment
and for familiarity with the information (e.g., calculations and reports) used
with or available through the Cyber Profit Website. Cyber Profit reserves the
right to refuse assistance or to charge additional fees if you seek assistance
from Cyber Profit with respect to such basic background information or any other
matters not directly relating to the operation of the Cyber Profit Website.
Neither Cyber Profit nor its licensors shall have any responsibility to provide
you with alternate access to the Cyber Profit Website if your access is
interrupted due to a breakdown or failure of your equipment.
Warranty Disclaimer.
You acknowledge that the information provided through the Cyber Profit
Website is compiled from sources, which are beyond the control of Cyber Profit.
Though such information is recognized by the parties to be generally reliable
during the term of this Agreement, you acknowledge that inaccuracies may occur
and Cyber Profit and its licensors do not warrant the accuracy or suitability of
the information for any particular purpose. The information is provided by Cyber
Profit and its licensors for your personal information only, and is not intended
for trading purposes. Information on this site is does not constitute advice
(investment, tax, legal) amounting to investment advice, or make any
recommendations regarding particular financial instruments, investments or
products. Neither Cyber Profit nor its licensors shall be liable for any errors,
inaccuracies or delays in content, or for any actions taken by you in reliance
thereon. Cyber Profit makes reasonable efforts to obtain reliable content from
third parties, but Cyber Profit does not guarantee the accuracy of or endorse
the views or opinions given by any third parties. The Cyber Profit Website may
point to other Internet sites that may be of interest to you, however, Cyber
Profit does not endorse or take responsibility for the content on such other
sites. YOU ACKNOWLEDGE THAT THE Cyber Profit WEBSITE IS PROVIDED TO YOU
ON AN "AS IS, WITH ALL FAULTS" BASIS. Cyber Profit AND ITS LICENSORS EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF
CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR
NON-INFRINGEMENT. SOME COUNTRIES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. FURTHER, Cyber Profit AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT (i) THAT THE Cyber Profit WEBSITE WILL MEET YOUR REQUIREMENTS OR IS
SUITABLE FOR YOUR NEEDS, (ii) THAT THE ACCESS OR USE OF THE Cyber Profit WEBSITE
WILL BE ERROR-FREE, OR (iii) THE ACCURACY OF ANY DATA OR INFORMATION YOU INPUT
INTO OR PROCESS WITH THE Cyber Profit WEBSITE OR THE RESULTS OF ANY SUCH
PROCESSING. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN
CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE
ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
Limitation of Liability; Disclaimer of Consequential Damages.
YOU AGREE THAT Cyber Profit AND ITS LICENSORS (INCLUDING ITS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES AND
SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Cyber
Profit WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF Cyber Profit AND ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR
ARISE ANY LIABILITY ON THE PART OF Cyber Profit OR ITS LICENSORS BY VIRTUE OF
THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE
TO THE NEGLIGENCE OF Cyber Profit OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY
IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO THE LESSER OF TEN PERCENT
(10%) OF THE SUMS PAID TO Cyber Profit BY YOU UNDER THE TERMS OF THIS AGREEMENT
OR $100.00, AS LIMITED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE
COMPLETE AND EXCLUSIVE. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT Cyber Profit WILL USE REASONABLE EFFORTS
TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE
PASSED THROUGH THE Cyber Profit WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU
HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD Cyber Profit HARMLESS) FOR
DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR
COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
e. IN NO EVENT SHALL Cyber Profit OR ITS LICENSORS BE LIABLE FOR ANY
LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE
Cyber Profit WEBSITE.
Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Cyber Profit AND
ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND
ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS
AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE Cyber Profit
WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE Cyber Profit WEBSITE.
X. Export Control.
This Agreement is expressly made subject to any laws, regulations, orders, or
other restrictions on the export from Lebanon of the Cyber
Profit Website and access software or information about the Cyber Profit Website
and access software that may be imposed from time to time by the government. You
agree that you are not in a country where such export is prohibited or are a
person or entity to which such export is prohibited. You are responsible for
compliance with the laws of your local jurisdiction regarding import or export
of the Cyber Profit Website and access software.
XI. No Conflicting Terms.
If there is any conflict between this Agreement, any purchase order, any help
text, manuals or other documents relating to the Cyber Profit Website, this
Agreement shall govern, whether such order or other documents is prior to or
subsequent to this Agreement, or is signed or acknowledged by any director,
officer, employee, representative or agent of Cyber Profit.
XII. Attorney's Fees.
If Cyber Profit takes action (by itself or through its representatives) to
enforce any of the provisions of this Agreement, including collection of any
amounts due hereunder, in addition to all sums to which it is entitled or any
other relief, at law or in equity, Cyber Profit shall be entitled to recover
from you and you agree to pay, reasonable and necessary attorney's fees and all
costs of any litigation.
XIV. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of Lebanon, excluding any rule
or principle that would refer to and apply the substantive law of another
country
or jurisdiction. To the extent allowed by applicable law, any claims or causes
of action arising from or relating to your access and use of the Cyber Profit
Website contemplated by this Agreement must be instituted within two (2) years
from the date upon which such claim or cause arose or was accrued. Further, any
such claim or cause of action may only be brought in the state or federal courts
located in Houston, Harris County, Texas, and you agree to submit to the
exclusive personal jurisdiction of such courts and hereby appoint the government
representative as your agent for service of process.
XV. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable
in any respect, the court shall reform such provision so as to render it
enforceable (or, if it is not possible to reform such provision so as to make it
enforceable, then delete such provision); and, as so reformed or modified, fully
enforce this Agreement.
XVI. Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding
the subject matter hereof, and no other agreement as to such subject matter,
written or oral, exists.
XVII. Changes.
Cyber Profit and its licensors reserve the right to make changes or
modifications to the Cyber Profit Website and this Agreement. Display of notice
of changes online at Cyber Profit's website where you access the Cyber
Profit Website shall constitute effective notice under this Agreement on the day
Cyber Profit places the changes on-line on its website, and your continued use
of the Cyber Profit Website thereafter shall constitute your acceptance of such
changes or modifications.
XVIII. Links.
Some links on the Cyber Profit website lead to third-party websites, which are
completely beyond control of Cyber Profit. Accordingly, Cyber Profit does not assume
any responsibility for the accuracy, completeness and legality of the contents of such
websites, or for any offers and services contained.
XIX. Performance.
The future performance of an investment cannot be deduced from previous market value,
i.e. the value of an investment may fall as well as rise. An investment may also lose value
due to changes in rates of foreign exchange. Cyber Profit cannot guarantee that any capital
invested will maintain or increase in value .
|
