It is a litigious world out there, so this page will try to cover our asses somewhat and not get us sued for something.
Believe me, we try VERY hard to give you all good information, and do our best to treat you as we would a beloved family. But sometimes mistakes happen, or some other thing happens that we couldn't forsee, or had no control over, etc.
We will NEVER give or sell ANY of your information to ANYBODY for ANY reason!
Terms of Service & Disclaimer:
1. Acceptance of Agreement.
You agree to the following---You must be 18 years of age or older and conduct yourself as you would at a gathering where polite people are in attendance. Conduct should reflect an appropriate respect and consideration for the other members of the site. Watch your language. Avoid rudeness and flame wars. Stay on topic and stick to posts relevant to the board on which you are participating. Otherwise, behave legally, morally and ethically. You are completely responsible for your own investment decisions and who and what you believe when reading conversations or the boards. The boards and chat room are designed to help you to connect with other traders and to gain the information edge you need to help you make your own decisions. You are responsible for properly analyzing and verifying any information you choose to rely on.
DDAmanda.com does look at messages posted by its members, except for Private Stock Notes, which are NEVER looked at. We reserve the right to monitor, remove or restore any post, at any time that violates the User Agreement or clearly detracts from the value of the community, without notice.
We also reserve the right to terminate any subscribers membership at any time, without notice, and issue a pro-rated refund of their membership fees.
Messages posted by moderators, highly ranked or long term members of DDAmanda.com, in no way reflect the official views of DDAmanda.com. DDAmanda.com does not control and cannot be held responsible for comments made by individuals who use this site or chat room. Members should be aware that other members may not be who they say they are or have the trading experience they claim to possess. We strive very hard to make sure members post under only one alias, but there is no guarantee our efforts will always be successful. DDAmanda does not perform a background check on any of the alias profiles. We do not guarantee that members alias profiles contain accurate information. Member should be aware that other members may use DDAmanda for personal gain. Therefore, everyone should approach messages with appropriate skepticism and objectivity. Messages posted by individuals may be misleading, deceptive or in error. Do not attempt to communicate material inside information about any issuer or to elicit material inside information about any issuer. If DDAmanda has reason to believe that you are attempting manipulate any security by such methods as pump and dump, ramping, scalping or any other means of deceptive practices, you should be aware that such activities may violate federal and state securities laws which could lead to civil and criminal action by the authoriries regulating the markets, as well as the Department of Justice.
Note: If you are honest, sincere, and civil in your posts, you will never have to worry about having a post removed.
The Securities and Exchange Commission (SEC) publishes information on cyber fraud. The Financial Institution Regulatory Authority (FINRA) provides analysis on how to invest carefully in the electronic world. The North American Securities Administrators Association (NASAA) provides tips on how to avoid online investment schemes aimed at taking advantage of unsuspecting investors. Their websites are instructive and can be found at: http://www.sec.gov, http://www.finra.com, http://nasaa.org. Acceptance of our User Agreement means youre aware of these services and hold Cabo FTL Systems LC and DDAmanda.com harmless of such an occurrence.
When you register at the site, you must select a user name and password. Each user name will be unique, currently case sensitive. We have the right to refuse granting any user name that impersonates someone elses, or that we feel is not in good taste or is otherwise inappropriate. We suggest choosing a password, not easily guessed by anyone else. We are not responsible for any user impersonation. By accepting the User Agreement, you agree to provide accurate registration information in the DDAmanda.com Registration page, complying with Registration Section 14 below.
By accepting the User Agreement, you warrant that you have no other registration (s) with DDAmanda. You also agree to maintain only one active registration with DDAmanda and/or 8KSpy and that you will not share such registration with others.
You also agree not to share any information from the use of DDAmanda/8KSpy with any others, either publicly or privately.
We diligently monitor IP addresses of users and your account will be terminated immediately should you share your account with others.
Failure to maintain an accurate email address may result in immediate removal from the site. This information is updated through your personal Profile.
If you have concerns or feel you are being impersonated, please contact us through the contact link at the top of the home page.
If you forget your user name or password, please click on the 'Lost Login' button, or contact us.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through DDAmanda or any of Cabo FTL Systems LC websites, you agree that you will not upload, post or other distribute or facilitate distribution of any contentincluding text, communications, software, images, sounds, data, or other informationthat:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts or otherwise violates DDAmanda rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race or disability;
3. Infringes on any present, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. If you believe your copyright or intellectual property rights have been infringed, please contact us.
4. Contains software viruses or any other computer code, files or programs that are designed to disrupt, damage or limit the functioning of any third party;
5. Impersonates any user, person or entity, including any employee or representative of DDAmanda.
6. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
7. Harvest or collects information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications or any other purpose.
8. Misuses the words your and youre, "their" and "they're"; or any other exploitation of similar or like words meant to deceive or mislead, by offering a different meaning to a statement that could easily be misconstrued.
9. Constitutes spam, which is defined as: * Posting a stock (s) that is not relevant to the board you are posting to; * or message board (s); * As well as posting something that is completely off-topic to the current discussion.
10. Constitutes a personal attack, which is defined as: * Posting harassing and otherwise objectionable content on another poster.
In addition, you agree that:
1. Your post does not promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
2. Your post does not promote information or authorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them providing information to circumvent manufacture-installed copy-protect devices, or providing music or links to pirated music files.
3. You will not post information that contains restricted or password only access pages or hidden or images (those not linked to or from another accessible page).
4. Your post or website conduct does not provide material that exploits people under age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
5. Your post or website conduct does not provide instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses.
6. Your post or website conduct does not solicit passwords or personal information for commercial or unlawful purposes from other users.
7. Your post or website conduct does not involve commercial activity and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
8. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
9. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to other Members. Although DDAmanda cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such solicitation, DDAmanda reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which DDAmanda deems appropriate in its sole discretion.
10. You will not cover or obscure the banner advertisements on your personal profile page, or DDAmanda page via HTML/CSS or any other means.
11. Any automated use of the system, such as using scripts to add friends, is prohibited.
12. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
Privacy Account Information: Be aware that the identifying information specific to your use of DDAmanda membership, including your IP address, name, and email address will be delivered when requested by a legal subpoena or order. If a subpoena or order is for a civil matter, you will be notified immediately by email and/or a message sent to your DDAmanda account so that you may seek to prevent our delivery of this information, by filing appropriate motions or applications to or quash the subpoena. Your failure to notify us in writing within three (3) days after our notifying you of receipt of such subpoena or order of your intent to quash the subpoena will be deemed a waiver of your right to delay DDAmandas compliance with such subpoena or order. If such an order is received by us, you will have the option of terminating registration at which point we will purge your information.
Failure to follow the terms of the User Agreement will result in your immediate termination from DDAmanda.com.
3. Disclaimer and Disclosure.
Cabo FTL Systems LC, and DDAmanda.com are not registered as an investment adviser. Rather, Cabo FTL Systems LC and DDAmanda.com relies upon the "publisher's exclusion" from the definition of investment adviser as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, Cabo FTL Systems LC and DDAmanda.com do not offer or provide personalized investment advice. This site and all others owned and operated by DDAmanda are bona fide publications of general and regular circulation offering impersonal investment-related information to subscribers and /or prospective subscribers.
Cabo FTL Systems LC, and DDAmanda.com are not registered as an investment adviser with the U.S. Securities and Exchange Commission or securities authorities of any state or territory. We are not a registered broker-dealer. The information we publish is based on our opinions plus our statistical and financial data and independent research. Material provided by DDAmanda and DDAmanda.com is for informational purposes only, and that no mention of a particular security in any of our materials constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent that any of the information obtained from Cabo FTL Systems LC and DDAmanda.com may be deemed to be investment opinion; such information is impersonal and not tailored to the investment needs of any specific person. Cabo FTL Systems LC nor DDAmanda.com does not promise, guarantee or imply verbally or in writing that any information provided through our websites, newsletters, or reports, in any printed material, or displayed on any of our websites, will result in a profit or loss.
We encourage you to get personal advice from your professional investment, tax, or legal advisor(s) and to initiate independent investigations before acting on any information that we publish. Only you and your professional advisors can determine what level of risk is appropriate for you.
Employees, owners, and/or writers of Cabo FTL Systems LC and DDAmanda may own positions in the equities, options, and/or securities mentioned in our reports, forums, blogs, newsletters, and websites.
A. As always Cabo FTL Systems LC and DDAmanda wants to remind you to never invest in any stock or company where you are not prepared to lose all of your investment.
THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 22 and 23 (b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
4. No Legal, Tax, or Investment Advice. Information contained on or made available through the Site or our products is not intended to and does not constitute tax, legal, or investment advice or recommendations; which should be obtained from your professional advisors prior to engaging in any investment of the type discussed in the information or on the Site. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
5. Performance Figures. While member traders share experiences and trade results, performance figures should be considered hypothetical. Past results are no guarantee of future performance. Due to the time critical nature of stock, option, and securities trading, brokerage fees and expenses, and the activity of other subscribers and investors, Cabo FTL Systems LC and DDAmanda.com cannot guarantee that subscribers will generate the exact returns stated by other subscribers or traders. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in articles, discussed in a post, or mentioned in a chat discussion. Your results may differ considerably depending on a number of factors including when you start or stop investing in a particular security or strategy, which recommendations you choose to act on, how much investment capital you allocate to each position, the specific prices you are executed at, the brokerage commissions and fees you pay, the interest income you earn on idle cash, and the number and size of profitable and unprofitable trades you experience.
Due to these and other factors, testimonials may or may not represent actual results.
6. Securities Laws. The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward- looking statements. Actual events or results may differ. We have no obligation to update any information on the Site. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
7. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notice contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree that upon posting information on the site, you grant and assign DDAmanda a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works such materials in any and all media, in any manner, whole or part, without any duty to account to you. Posted Content:
a. You understand and agree that DDAmanda may review and delete any content, messages, DDAmanda Messenger messages, photos or profiles (collectively, Content) that in the sole judgment of DDAmanda violates this Agreement or which may be offensive, illegal or violates the rights, harm or threaten the safety of any Member.
b. You are solely responsible for the content that you publish or display (hereinafter, post) on the Service or any material or information that you transmit to other Members.
c. As stated above, you grant DDAmanda the non-exclusive, fully paid, worldwide license to use posted content.
9. Member Disputes. You are solely responsible for your interactions with other DDAmanda Members. DDAmanda reserves the right, but has no obligation to monitor disputes between you and other members.
10. Forms, Agreements & Documents. We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, Documents). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentntess, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents are not tailored for the investment or business needs of any specific person and may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Use of any Documents is at your own risk. Some Documents are public domain forms or available from public records.
11. Copyright and Service Marks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. "DDAmanda.com" and other marks used on the Site are our service marks or registered service marks or trademarks. Certain other product and company names mentioned on the Site may be trademarks of their respective owners.
12. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
14. Registration. Certain sections of, or offerings from, the Site may require you to register and/or enter a password. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information, if requested. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that transpire under your subscription account or password. Any password given to you to obtain information or documents is not transferable or assignable. Cabo FTL Systems LC and DDAmanda.com reserves the right to refuse service, access, terminate subscriptions, remove or edit content, or cancel orders in its sole discretion.
17. Automatic Subscription Renewal. All subscriptions will renew automatically and you will need to go through Pay Pal to terminate your subscription.
18. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
19. Errors, Corrections and Changes. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, without errors, or otherwise reliable. This information is based on prospectus', SEC filings, public filings, current events, press releases, interviews, books, lectures, and is often derived directly from the information published by the companies on which we report, without independent verification. You should not make any investment decision based solely on what you read on our website or in any of our investment reports or newsletters.
Material based on fact is obtained from sources believed to be reliable, but we are not responsible for any errors or omissions, or for the results of action taken based on information contained herein, on our websites, in our reports and newsletters. So, too, you understand that the site is visited and used by traders of varying experience and expertise and their advice and recommendations should be taken as chat, impersonal conversation and should not be taken as investment advice. Nothing herein should be construed as an offer to buy or sell securities or to give individual investment advice. Due to numerous factors, including, but not limited to, changing market conditions, such discussions and positions may no longer be representative of current discussions and positions. Cabo FTL Systems LC and DDAmanda.com does not in any way warrant or guarantee the success of or endorse any action that you take in reliance of or on the information we provide or that is derived from our websites, newsletters, blogs, forum, chatrooms or reports.
We may add, change or delete the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
20. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, administrators, moderators, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
21. Limitation of Liability. (a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there-from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond our or an Affiliated Partys control.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, HEREBY SHALL NOT EXCEED ½% OF THE FEES RECEIVED Cabo FTL Systems LC or DDAmanda.com, SHOULD THERE BE ANY FROM SUBSCRIBER AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. FURTHER, Cabo FTL Systems LC and DDAmanda.com WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON ANY MATERIAL PROVIDED BY Cabo FTL Systems LC or DDAmanda.com.
Without limitation, Cabo FTL Systems LC and DDAmanda.com shall not be responsible or liable for any losses or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment, (2) a subscriber's inability to use or any delay in accessing any of G6 Stocks websites or any other source of information provided by Cabo FTL Systems LC or DDAmanda.com (3) any absence of material or information on any of Cabo FTL Systems LC websites or information sources, (4) Cabo FTL Systems LC or DDAmanda.com failure to deliver any material or (5) any other kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way may be deemed unsuitable in accordance with certain industry standards. Cabo FTL Systems LC and DDAmanda.com and subscriber acknowledge that, without limitation, the above enumerated conditions cannot be the probable cause of any breach of any agreement between Cabo FTL Systems LC and subscriber. "No-risk" and "risk-free" refer solely to the price of the subscription (if any) and its ability to be refunded.
22. Advertisers and Third Party Content. The Site may contain advertising and sponsorships. Advertisers, sponsors or other third party content may appear on the Site or may be accessible via links from the Site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We do not endorse the products or services advertised on the Site and make no representations or warranties about the kind or quality of products or services. We do not verify licenses, accreditations or qualifications of any third party. We are not responsible for and assume no liability for any inaccuracies, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. You are responsible for purchase and use of any third party product or services.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. You acknowledge that Cabo FTL Systems LC and DDAmanda.com has no control over any third party sites. If you decide to leave our Site and access these third-party sites, you do so at your own risk. You should contact the site administrator or webmaster for other websites if you have any concerns regarding such links or content located on such other websites.
23. Third-Party Services. We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANT-ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Third Party Cookies: In the course of serving advertisements to this site, our third-party party advertiser may place or recognize a unique cookie on your browser.
24. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and email address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to admin@DDAmanda.com .
25. Information and Press Releases. The Site contains information about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
26. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
27. Refund and Return Policy. All of the products and services offered for sale through Cabo FTL Systems LC and DDAmanda.com offer no guarantee. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may obtain any additional information concerning our refund and return policy by contacting us at admin@DDAmanda.com.
28. Brokers. Cabo FTL Systems LC and DDAmanda.com are not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. Cabo FTL Systems LC are not and will not be responsible for any trades made by a broker on the subscriber's behalf under any circumstances.
29. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Crystal River, FL and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Crystal River, FL necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. Beyond these measures, if there are any disputes about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
30. Miscellaneous. Your right to use the Site is not transferable or assignable. This Agreement shall be treated as though it were executed and performed in Palm Springs, Ca, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement, including but not limited to Section 2 and Section 21. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
These terms and conditions, including those that are incorporated by reference, constitute the entire agreement and only agreement between you and Cabo FTL Systems LC or DDAmanda.com and govern the use of our websites, products, services, forums, blogs chat room, reports, and newsletters. Our rights under this Agreement shall survive any termination of this Agreement. Notwithstanding any other agreement or communication(s) between Cabo FTL Systems LC or DDAmanda.com and subscriber to the contrary, receipt or use of any material or information provided by Cabo FTL Systems LC or DDAmanda.com, at any time and through any means, whether directly or indirectly, represents acknowledgement and acceptance by such person of the terms and conditions of this agreement.
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