Date of Last Revision: June 17, 2013
Membership is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. By using the Site and/or becoming a member of SumZero You confirm and represent that You are at least eighteen (18) years of age or older and You are a professional investor on the “buy side” of the market with a sophisticated knowledge of investment markets, an understanding of the risks of investing and an understanding of the limitations of the Site and the User Content (as described below), or a compliance or legal professional employed by such professional investors.
By using the Site, 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 log-in credentials and password; (c) maintain and promptly update the Registration Data, and any other information You provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. SumZero may immediately discontinue the use of the Site and cancel your password at any time, with or without cause, in its sole discretion.
The name SumZero and other SumZero trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of the Company.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by You on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Specifically, You expressly acknowledge and agreed that You will not submit information that would be a violation of your employer’s policies, nor will You submit information that violates any agreements to which you are subject (including, without limitation, any confidentiality agreements), insider trading regulations, SEC regulations, and/or other applicable laws, rules and regulations.
In addition, You agree not to use the Site to:
SumZero expects all users to respect the intellectual property rights of others. SumZero may, if it chooses to do so and in its sole discretion and judgment, disable and/or terminate the account of any User who infringes the rights of others. Anyone who believes that their material has been copied without permission and in particular constitutes copyright infringement or who believes that their intellectual property rights have been violated, shall provide SumZero’s Copyright Agent the following information:
The contact information for SumZero’s Agent for Notice of claims of copyright or other intellectual property infringement is shown here:
c/o SumZero, Inc
30 west 24th street, Floor 4
New York, NY 10010
By phone: (646-751-4411)
By email: email@example.com
The Site may contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to You and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if You have any concerns regarding such links or any content located on such External Sites. The Company not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites, including the External Sites, to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, You do so at your own risk.
You are solely responsible for your interactions with other Site users. In the event that there is a dispute relating to the Site, Site Content or any User Content between You and another user, You shall immediately notify the Company in writing of the dispute. Further, you shall keep the Company informed of any material developments concerning the dispute.
You are solely responsible for compliance with laws, regulations and policies of your employer in connection with your use of the Site. In the event that You or your employer receive non-routine notice or inquiry or investigation or request for information from any governmental authority or agency or any self-regulatory organization relating to the Site, Site Content or any User Content, You shall immediately notify the Company in writing except to the extent prohibited by law, regulation or legal process. Further, you shall keep the Company informed of any material developments concerning the matter except to the extent prohibited by law, regulation or legal process.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT OR USER CONTENT POSTED ON THE SITE, WHETHER POSTED BY USERS OF THE SITE, BY SUMZERO AND/OR BY THIRD PARTIES. THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE IN ANY MANNER FOR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. ALTHOUGH THE COMPANY PROVIDES RULES FOR USER CONDUCT AND POSTINGS, THE COMPANYDOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR WHAT USERS POST, TRANSMIT OR SHARE ON THE SITE AND THE COMPANY IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITE OR IN CONNECTION WITH ANY USER CONTENT OR SITE CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY INTERNET AND/OR TELECOMMUNICATIONS NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE AND/OR THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, DATA LOSS, LOSS OR DAMAGE TO ANY USER CONTENT, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, ANY USER CONTENT OR CONTENT POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
THE COMPANY RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SITE, SITE CONTENT, OR OFFERED THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. 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, OR ANY AFFILIATION THEREWITH, BY COMPANY.
IN NO EVENT WILL COMPANY, ITS AFFILIATES, SUBSIDIARIES AND/OR ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES,AGENTS, PARTNERS, SUPPLIERS, CONTRACTORS AND/OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF BUSINESS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY PARTY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY PARTIES’LIABILITY TO YOU EXCEED $1000 IN THE AGGREGATE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY OF THE COMPANY PARTIES, REGARDLESS OF THE CAUSE OF ACTION.
You specifically acknowledge that posts by SumZero users are made for the purpose of obtaining access to the Site and such posts do not constitute investment recommendations or solicitations with respect to investment advisory services or products. No post on the Site and no Site Content or User Content shall create or establish any fiduciary or client relationship with respect to members of the SumZero community, users or Company Parties. No User or other member of the SumZero community shall offer or receive compensation as a result of the posting or updating of User Content.
SumZero is not responsible for monitoring communication among users. It is each user’s responsibility to make sure that any dialogue or communication initiated is not in violation of any securities laws, the policy of the user’s employer and/or any agreement to which the user is subject.
The Site is based in the United States. We make no claims concerning whether the Site Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site and/or the Site Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Site Content to countries or persons prohibited under the export control laws. By downloading the Site Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Site Content.
The Site (including the Site Content) is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and the Site Content.