Terms & Conditions

Updated May 2008

MyNewMarkets.com provides you with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions and other forums. Your use of Wells Media Group, Inc.'s MyNewMarkets.com Internet sites or any of the news, courses, instructors, software, products, resources, information, content, and materials or services offered on those sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). By using the MyNewMarkets.com web site or Services you accept and agree to comply with these Terms. If you do not agree with MyNewMarkets.com's Terms, your sole remedy is to discontinue your use of the MyNewMarkets.com web site.

Additional Terms

Some of the Services will be free of charge; others may cost money or have other requirements. The requirements or fees for any Service or option will be clearly explained and separately agreed to when you implements those options, if any.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.

Our Rights

We may modify these Terms at any time without notice to you by posting revised Terms on our sites.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of our Services;
  2. Change, suspend, or discontinue all or any part of our Services;
  3. Refuse, move, or remove any material that you submit to our sites for any reason;
  4. Refuse, move, or remove any content that is available on our sites;
  5. Deactivate or delete your accounts and all related information and files in your account;
  6. Establish general practices and limits concerning use of our sites.

You agree that we will not be liable to you or any third party for taking any of these actions.

Our Content

Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and company data. It also includes information about products and services offered by parties other than MyNewMarkets.com, such as product descriptions, specifications, pricing, availability, and performance.

All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of such materials or content on our sites in whole or in part.

We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user comments, opinion, message board, forums or feedback sections of our sites.

The Service may include advertisements and that these advertisements are necessary for MyNewMarkets.com to provide the Service. The service may also include certain communications from MyNewMarkets.com, such as service announcements and administrative messages, and you will not be able to opt out of receiving them.

Your Content

You will remain solely liable for any content you upload or transmit to any forum, blog, message board, chat room or any interactive areas on the site or any other posted resources, links, applets, information, content, software code, graphics, artwork, templates, or other materials ("Your Content").

You agree that you have all rights and have obtained all approvals, consents, release clearances, licenses, and authorizations needed for the grant of rights and licenses hereunder, and any publication of Your Content does not violate or conflict with any other agreement you have made. You also agree that Your Content will not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party.

You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicenseable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

MyNewMarkets.com does not want to receive confidential or proprietary information from you. Unless otherwise agreed in writing by an authorized MyNewMarkets.com representative, any confidential information or idea you transmit to MyNewMarkets.com by any means may be disseminated or used by MyNewMarkets.com or its affiliates without compensation or liability to you for any purpose whatsoever.

Third-party Content

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. MyNewMarkets.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such link, site or resource.

Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. In the event that you have a dispute with one or more users, you release MyNewMarkets.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Fee-based services

Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

MyNewMarkets.com reserves the right to add new payment methods and to discontinue acceptance of any particular payment method. We may also, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges.

Unless otherwise noted, all currency references are in U.S. dollars.

You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Your right to use the service is subject to any restrictions established by MyNewMarkets.com or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned to MyNewMarkets.com for any reason, including charge back, MyNewMarkets.com reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

Whether or not MyNewMarkets.com notifies you, you give permission to MyNewMarkets.com to automatically renew your membership and charge your membership fee to your credit card periodically in accordance with the membership term you have selected. The renewal charge will be at the rates in effect at the time of your renewal. You may also "opt-out" of this automatic renewal at any time. Canceling your paid membership will keep your account and all of its associated features active until the current time period for which you are enrolled expires.

Refunds are only issued within 7 days of initial payment. There are no prorated refunds. If MyNewMarkets.com determines, in its sole discretion, that you have violated our Terms of Service, your account may be cancelled. In the case of cancellation by MyNewMarkets.com due to a Terms violation no refund of any charges will be made, including any unused portion of a membership subscription.

On-line Classes

Some of the Services include online classes or instruction. The MyNewMarkets.com is not an accredited program or institution. In no way should the MyNewMarkets.com web site or site content be considered as conforming to any standards or qualifications prescribed by any private or governmental entity.

The information contained on this web site is provided for educational purposes only, and in no way should be considered as offering any legal, investment, tax, or accounting advice or advice regarding the suitability or profitability of any company, security, fund, or investment mentioned in a course.

MyNewMarkets.com and the instructor will not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available, and will not be responsible or liable for any trading or investment decisions made based on such information. Neither MyNewMarkets.com nor the instructors endorse any recommendation or opinion made by any member, nor do we advocate the purchase or sale of any security or investment. You should seek the advice of a qualified securities professional before making any investment decisions. In no way should the Services be considered as offering legal advice. Specific legal advice will not be provided. You must obtain legal advice from a licensed attorney regarding any legal issues they may have.

Neither MyNewMarkets.com nor instructor assumes any responsibility for use and/or misuse of information contained herein and makes no warranties, either express or implied, concerning the validity or accuracy of the information contained herein.

Unfortunately, from time to time training classes are cancelled or changed due to a variety of reasons, including under enrolment, course instructor shortages, re-allocation of learning resources and other logistical problems. While we will work with you to help you contact your instructor, class changes and cancellations are not within MyNewMarkets.com's control. Accordingly, we are not responsible for any loss, damage, liability, expense or other problem or cost that you may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.

Forums

MyNewMarkets.com is dedicated to developing and maintaining a friendly online community. Like any community, MyNewMarkets.com has certain standards. When members join our forums, they agree to abide by these rules. Repeated violations of these rules may result in your being barred from entry or participation in the community forums.

While MyNewMarkets.com does not prohibit the use of nicknames for your username or "handle" in our forums, please refrain from using anything offensive. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options. And also never post a message under another person's name or pretending to be another person. When posting a message to a forum, your username is the only information that is displayed. However, you should always exercise judgment when revealing personal information about yourself when you post messages in public forums.

While these discussion forums encourage a wide range of opinions, please keep your posts focused on the topic of the forum in which you are submitting your message. Each forum has a different topic, so what is appropriate in one forum or thread may not be appropriate in another. All queries are answered in the forums and not answered by email, so that everyone can benefit from the replies and its content.

The use of inappropriate or offensive language is not permitted in these forums. Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive or abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or that contains racially, ethnically or otherwise objectionable material of any kind. You are not permitted to harass or "flame" other users of the web site. We ask that you please be considerate to other members in the forums when posting your messages. Please do not post or transmit any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. Please note that this also includes the posting of taunts on a forum solely for the purpose of deriding that forum's topic and/or members.

It is illegal to post any content that is copyrighted or trademarked, unless you hold the copyright or trademark. Any material protected by copyright may not be posted in the message boards without the expressed permission of the author or owner of the copyright on that material. This includes reproducing the full text of news stories, articles, etc. It is acceptable to provide a link to copyrighted material, to post brief excerpts, or to paraphrase other works, though we do strongly encourage you to cite the original source whenever possible. You may answer another user's question about your occupation or business, but the forums are not the place for blatant advertising or solicitations. Spamming, in which a user posts the same message repeatedly, is also prohibited.

You may link to any other site that provides information that helps answer another user's question or is just of general interest to members of that particular forum. The only type of linking (besides porn and spam, of course) that will not be allowed on our site is when members solicit people to leave our site and join a competing service.

You will not post on these forums any content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity or otherwise violates any applicable law.

MyNewMarkets.com reserves the right at its sole discretion to restrict, suspend, or terminate your access to any part of these forums. If you violate any of the rules stated in this document or any other terms of use documents, the offending messages will be removed. Anyone who violates our policies and refuses to comply with the policies of these forums will be banned.

MyNewMarkets.com will have the right, but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion. MyNewMarkets.com and its affiliates further reserve the right, in their sole discretion, to delete or remove any user content from the site and to deny the access of any member to all part of this site, at any time for any reason without prior notice or liability.

Our forums pages act as a passive conduit for the online distribution and publication of user posted comments and content and we have no obligation to screen communications or information in advance and are not responsible for screening or monitoring user posted comments or content. Accordingly, on the forums pages you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Your conduct on our sites

If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyNewMarkets.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

The technology and the software underlying our sites and the Services is the property of MyNewMarkets.com Networks, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
  9. Collect or store personal information about other end users;
  10. Interfere with or disrupt our sites, servers, or networks;
  11. Impersonate any person or entity, including, but not limited to, a MyNewMarkets.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  14. Engage in any illegal activities.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by MyNewMarkets.com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Indemnification

You hereby agree to indemnify, defend and hold MyNewMarkets.com and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "MyNewMarkets.com Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any MyNewMarkets.com Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of our sites;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. The content, the quality, or the performance of content that you submit to our sites;
  4. Your connection to our sites;
  5. Your violation of these Terms; or
  6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.

ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.

NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED.

NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES.

YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

MyNewMarkets.com may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in San Diego, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California, necessary to protect the rights or the property of you or MyNewMarkets.com (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Wells Media Group, Inc. 3570 Camino Del Rio N Ste 200, San Diego, California 92108.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and MyNewMarkets.com Networks and govern your use of our sites, superseding any prior agreements that you may have with us.

These Terms will be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Diego, California if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.

Digital Millennium Copyright Act Policy

This policy is intended to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA") for the reporting of alleged copyright infringement. It is the policy of MyNewMarkets.com to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of MyNewMarkets.com are required to respect the legal protections provided by applicable copyright law.

Designated Agent. Upon receipt of notification of claimed infringement, MyNewMarkets.com will follow the procedures outlined herein and in the DCMA. MyNewMarkets.com Designated Agent to receive notification of alleged infringement under the DMCA is: Mitch Dunford.

Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:

  1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyNewMarkets.com to locate the material.
  4. Information reasonably sufficient to permit MyNewMarkets.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Failure to include all of the above information may result in a delay of the processing or the DCMA notification.

Notice and Takedown Procedure. It is expected that all users of any part of MyNewMarkets.com will comply with applicable copyright laws. However, if MyNewMarkets.com is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. MyNewMarkets.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Repeat Infringers. Under appropriate circumstances, MyNewMarkets.com may, in its discretion, terminate authorization of users of its Web site or network who are repeat infringers.

Accommodation of Standard Technical Measures. It is MyNewMarkets.com's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.