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InsideMetals.com Terms of Service
1.
The Client is solely responsible for the accuracy and
authenticity of the Content submitted by Client to IM for
distribution.
2. With respect to the Content submitted to IM by Client, Client
represents and warrants to IM, as follows: (a) That Client is
authorized to submit the Content to IM for distribution; (b)
That the Content is true and accurate; (c) That the distribution
of the Content does not violate the state, federal or common law
copyright, trademark, or service mark rights, any other property
rights, privacy rights, intellectual property rights,
confidentiality rights or other proprietary rights of any third
party, (d) Client is and will be solely responsible for the
development, operation, and preparation of the Content and for
all materials that appear therein; (e) That the Content does not
contain any information which is libelous or otherwise illegal;
(f) Client has investigated the desirability of utilizing IM
services and is not relying on any representation, guarantee, or
statement other than as set forth in this Agreement and in the
materials on IM Web site, and (g) The person or party executing
this Agreement on behalf of Client is authorized to do so by the
Client.
3. IM may reject the Client Content if IM determines, in its
sole discretion, that the Content is unsuitable for
distribution. If IM rejects the Client Content, Client is
welcome to resubmit alternative Content at any time. All ticker
symbols included in any Content for distribution must be for
companies that have a direct role or participation in the news
being announced. It is not acceptable to include ticker symbols
for other companies with which the authoring company may have a
current or past relationship, or which does not have a direct
role on the news release topic.
4.
If separate payment terms have not been agreed upon between IM
and Client, payment for any services provided by IM shall be due
within 10 business days of the receipt of invoice from IM by
Client.
5. Except as stated on IM Web site, no warranty, express or
implied, and no promise or representation has been made by IM
regarding any Services to be provided by or through IM.
6. IM liability for the failure of any performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction
or unauthorized access to, alteration of, or use of records,
whether for breach of contract, tortuous conduct, acts or
omissions, negligence, or under any other claim or cause or
action, shall be strictly limited to the amount paid by or on
behalf of the Client to IM in connection with the distribution
of the Content out of which the claim by Client arises.
7. At IM sole discretion, notices by IM to Clients may be given
by means of posting on the IM Web site
"insidemetals.com" or by email to the Client.
8. All questions regarding IM subscriptions and/or services
should be sent by means of email to: bpidding@insidemetals.com.
9. This Agreement contains the entire agreement between Client
and IM regarding the services provided by IM. This Agreement
replaces any and all prior written and oral understandings and
writings, and may only be amended upon notice by IM to Client as
set forth below or by a further agreement signed by both IM and
Client. Unless otherwise explicitly stated, the provisions of
this Agreement shall survive its termination.
10. In the event any third party brings any action, arbitration,
or other legal proceeding (collectively, "legal
proceeding") against IM or against any third party who
displays or distributes the Content with the permission of IM,
or against any third party who provides advertising for IM, or
against any other third party who otherwise uses the Content
with IM permission (collectively hereinafter referred to as
"the Indemnitees"), arising from the distribution or
display of any Content provided by Client to IM or, from any
breach of this Agreement, or, based upon the inaccuracy of any
warranty or representation made by Client herein, or, based upon
the contention that the Content defames or slanders any third
party or, based upon the contention that the Content violates
any provision of state or federal law or the intellectual
property rights of any third party, Client shall indemnify,
defend, and hold the Indemnitees harmless in connection with the
claims made in the legal proceeding. Included in Client's
obligation to indemnify, defend, and hold the Indemnitees
harmless is the obligation to pay all attorneys' fees, expert
witness fees, costs, and expenses incurred or to be incurred by
the Indemnitees in connection with the defense of the legal
proceeding (even if the legal proceeding is without merit).
11. Client hereby grants IM a non-exclusive, royalty-free,
sub-licensable, transferable, and assignable license to display,
exhibit, transfer, access, use, distribute, share, transmit,
sell, rent, market, promote and transmit the Content provided by
Client to IM.
12. Any lawsuit filed by either party to enforce or construe any
right granted under this Agreement or to assert any claim
arising from the services provided by IM to Client shall be
filed exclusively in the State of Nevada. Client consents to
jurisdiction in the Courts of Nevada. In any such action, the
parties agree that the law of the State of Nevada shall apply
and shall govern the determination of the action.
13. If IM brings an action to collect any sums due pursuant to
this Agreement, the prevailing party shall be entitled to
recover his/her/it’s reasonable attorneys' fees, expert
witness fees, and costs.
14. The terms of this Agreement are subject to change by IM at
any time as to future services, and changes shall be effective
upon posting of the change at the Web site,
"insidemetals.com".
15. The parties agree that IM may treat any document sent to IM
by facsimile or by electronic mail as if the document were an
original delivered to IM by hand delivery.
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