Terms Of Service
PLEASE READ OUR
TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE. Ivontu.com and its
principals (“Ivontu" "we," or "us") provides its web
site, Ivontu, located at http://www.ivontu.com/ (the "Site"), to you,
an individual user ("you") for your individual usage, subject to
compliance with the terms and conditions set forth herein.
1. Agreement.
By using the
Site, you agree to be bound by our Terms of Service (the "TOS"). If
you do not agree to the terms and conditions contained in the TOS, we do not
consent to provide you with access to the Site, and you shall have to stop your
use of it.
2. Changes to the
TOS.
We reserve the
right at any time to:
o Change the
terms and conditions of the TOS;
o Change the
Site, including eliminating or discontinuing any content or feature of the
Site; or
o Impose fees,
charges or other conditions for use of the Site or parts thereof (with
reasonable notice).
Ivontu may modify
the Site at any time without prior notice, and you accept those modifications
if you continue to use the Site. You should check the Site frequently to see
recent changes.
3. Important
Securities Disclaimer
You understand
that no content published on the Site constitutes a recommendation that any
particular security, portfolio of securities, transaction or investment
strategy is suitable for any specific person. You further understand that none
of the automated analysis is advising you personally concerning the nature,
potential, value or suitability of any particular security, portfolio of
securities, transaction, investment strategy or other matter. To the extent any
of the content published on the Site may be deemed to be investment advice or
recommendations in connection with a particular security, such information is
impersonal and not tailored to the investment needs of any specific person. You
understand that an investment in any security is subject to a number of risks
and that discussions of any security published on the Site will not contain a
list or description of relevant risk factors. In addition, please note that
some of the stocks tracked by the Site have a low market capitalization and/or
insufficient public float. Such stocks are subject to more risk than stocks of
larger companies, including greater volatility, lower liquidity and less
publicly available information. Any content on the Site which may or may not be
deemed by you to be recommendations may have an effect on their stock prices.
You understand
that performance data is supplied by sources believed to be reliable, that the
calculations herein are made using such data, and that such calculations are
not guaranteed by these sources, the information providers, or any other person
or entity, and may not be complete.
From time to
time, reference may be made on our Site to articles and opinions available on
the Internet or in the public domain. These references may be selective, may
reference only a portion of an article or opinion, and are likely not to be
current. As markets change continuously, previously published information and
data may not be current and should not be relied upon.
4. No Investment
Recommendations or Professional Advice
The Site is not
intended to provide tax, legal, insurance or investment advice, and nothing on
the Site should be construed as an offer to sell, a solicitation of an offer to
buy, or a recommendation for any security by Ivontu or any third party. You
alone are solely responsible for determining whether any investment, security
or strategy, or any other product or service, is appropriate or suitable for
you based on your investment objectives and personal and financial situation.
You should consult an attorney or tax professional regarding your specific
legal or tax situation.
5. Copyright,
Linking Policy and Trademarks
The Site and the
content contained herein, as well as all copyrights, are the property of Ivontu
and its principals. You may access and use the content, and download and/or
print out copies of any content from the Site, solely for your personal,
noncommercial use. You acknowledge that you do not acquire any ownership rights
by using the Site.
The Site contains
links to other Internet web sites or resources. We neither control nor endorse
such other web sites, nor have we reviewed or approved any content that appears
on such other web sites. You acknowledge and agree that we shall not be held
responsible for the legality, accuracy, or appropriateness of any content,
advertising, products, services, or information located on or through any other
websites, nor for any loss or damages caused or alleged to have been caused by
the use of or reliance on any such content.
You may link to
any content on the Site. All trademarks, service marks, and logos used on our
web sites are the trademarks, service marks, or logos of their respective
owners.
6. User Conduct
You may not
republish, upload, post, transmit or distribute content from the Site to online
bulletin boards, message boards, newsgroups, chat rooms, or in other any
manner, without our prior written permission. Modification of the content or
use of the content for any purpose other than your own personal, noncommercial
use is a violation of our copyright and other proprietary rights, and can
subject you to legal liability.
In addition, in
connection with your use of the Site, you agree not to:
o Restrict or
inhibit any other visitor from using the Site, including, without limitation,
by means of "hacking" or defacing any portion of the Site;
o Use the Site
for any unlawful purpose;
o Express or
imply that any statements you make are endorsed by us, without our prior
written consent;
o Modify, adapt,
sublicense, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site;
o
"Frame" or "mirror" any part of the Site without our prior
written authorization;
o Use any robot,
spider, site search/retrieval application, or other manual or automatic device
or process to download, retrieve, index, "data mine," or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or its contents;
o Harvest or
collect information about visitors to the Site without their express consent.
You also agree to
comply with all applicable laws, rules and regulations in connection with your
use of the Site and the content made available therein.
7. Deleting
Content.
Ivontu has the
right in its sole discretion, to edit, move, delete, and/or remove any content
posted on its Site at any time. Without limiting the foregoing, Ivontu
has the right to delete any comment that it believes, in its sole discretion,
does or may violate the Terms of Use.
8. Caveats
While we believe
that the Site can and should be a positive environment for the exchange of
information, you understand that the Site is open for use by all users. Ivontu
cannot and does not guarantee the accuracy, integrity or quality of anything
that may appear on its Site.
9. Disclaimer of
Warranties
THE SITE, AND ANY
PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS
IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IVONTU.COM, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES
RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR
SITE.
IVONTU.COM AND
ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF
THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE
SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF IVONTU.COM OR
ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE
OR OTHERWISE, SHALL CREATE ANY WARRANTY.
10. Limitation of
Liability
NEITHER
IVONTU.COM NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED
THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH IVONTU.COM. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND
EXCLUSIVE MAXIMUM LIABILITY TO IVONTU.COM FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS
TO THE SITE.
11.
Indemnification.
As a condition of
your use of the Site, you agree to indemnify, defend and hold us, our officers,
directors, employees, agents and representatives harmless from and against any
and all claims, damages, losses, costs (including reasonable attorneys' fees),
or other expenses that arise directly or indirectly out of or from (a) your
violation of the TOS; (b) your use of the Site; or (c) your violation of the
rights of any third party.
12. Termination.
You understand
and agree that Ivontu may, under certain circumstances and without prior notice
to you, terminate your access to and use of the Site. Cause for such
termination shall include, but not be limited to, (i) breaches or violations of
the TOS or other agreements or guidelines, (ii) requests by law enforcement or
other government or regulatory authorities or (iii) repeat violators of third
party copyrights or other intellectual property.
13. Copyright
Policy.
Ivontu respects
the intellectual property of others, and we ask our users to do the same.
Ivontu may, in appropriate circumstances and at its discretion, terminate the
account or access of users who infringe the intellectual property rights of
others.
14.
Miscellaneous.
The Site is
directed solely to individuals residing in jurisdictions in which provision of
the Site’s content is legal We make no representation that materials provided
on the Site are appropriate or available for use in other locations. Those who
choose to access the Site from other locations do so on their own initiative
and at their own risk, and are responsible for compliance with local laws, if
and to the extent applicable. We reserve the right to limit the availability of
the Site to any person, geographic area, or jurisdiction we so desire, at any
time and in our sole discretion, and to limit the quantities of any such
service or product that we provide.
The TOS, together
with all Ivontu policies referred to herein, constitutes the entire agreement
between you and Ivontu relating to your use of the Site and supersedes and any
all prior or contemporaneous written or oral agreements on that subject between
us. The TOS and the relationship between you and Ivontu are governed by and
construed in accordance with the laws of the State of Maharashtra, India,
without regard to its principles of conflict of laws. You and Ivontu agree to
submit to the personal and exclusive jurisdiction of the courts located within
Mumbai, Maharashtra, India, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts. If any provision of the TOS is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from the TOS and shall not affect the
validity and enforceability of any remaining provisions. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption or section
title contained in the TOS is inserted only as a matter of convenience and in
no way defines or explains any section or provision hereof. We reserve the
right to require you to sign a non-electronic version of the TOS.