Terms of Use

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Thank you for visiting  BearInsider.com ("BearInsider"). Your access to and use of BearInsider's website and/or services is exclusively governed by these terms of use. Please read the terms outlined below carefully before using BearInsider's website and/or services as, by accessing or using our website and/or services, you accept and agree to be bound by these terms of use. BearInsider reserves the right, at our discretion, to modify, remove or add to these terms of use at any time.

The data contained on BearInsider's website and/or services is for entertainment, educational, and informational purposes only, and is not represented to be free from any error. Our website and/or services are provided on an "as is, available basis." BearInsider does not warrant that any of the functions of the website and/or services will be uninterrupted or error-free, or that the website or services will be free of any or all harmful components. Any links to information not associated with BearInsider are provided as a courtesy and do not constitute any endorsement by BearInsider.

MODIFICATION

BearInsider may from time to time make modifications, alterations or changes to its website and/or services, including the terms of use, without prior notice. Please check the terms of use page periodically as your continued use of BearInsider's website or services following the modifications, additions or removal of the terms means that you accept the changes.

INTELLECTUAL PROPERTY STATEMENT

All content on BearInsider's website and/or services is the copyrighted material of BearInsider or the appropriate contributor, and is protected by United States and international copyright, trademark, and other applicable laws. BearInsider's website and/or services may include content, designs, and appearances, as well as trademarks, graphics, slogans, logos, colors, and designs that are the property of BearInsider or other third parties. Nothing contained on our website and/or service(s) grants any license or other right to any of BearInsider's intellectual property or any third party's intellectual property. You may not copy (other than for personal use, provided that you do not remove any trademark, copyright or any other notice contained in or on the content), modify, distribute, display, reproduce or republish any of the data contained on our website and/or service(s) without obtaining the written permission of BearInsider.

APPLICABLE LAW

BearInsider's website and service(s) are created and controlled in the State of California. As a result, the laws of the State of California will govern the terms of use without giving effect to any principles of conflicts of laws. The parties agree that a condition of using BearInsider's website and/or service(s) is that any and all claims that arise out of the use of this website and/or service(s) will be tried in a court in the State of California and California law will apply. The California courts in Orange County, California shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such courts over any claim, suit or proceeding arising out of the use of BearInsider's website and/or service(s) or the terms of use.

COMMUNICATIONS

As part of your use of BearInsider's website and/or service(s), you agree to receive a series of ongoing communications regarding the website and/or service(s). Upon the receipt of these communications, you will have the option to opt-out or unsubscribe.

USER CONTENT

Any user-generated exchanges of information, including any content that you exchange, share, send or otherwise make available through BearInsider's website and/or service(s) ("User Content") is your responsibility and BearInsider assumes no liability or responsibility for such User Content. As the user of BearInsider's website and/or service(s), you acknowledge that the community-oriented functionality of the website and/or service(s) is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public. BearInsider does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of BearInsider's website and/or service(s).

In addition, BearInsider does not control the User Content posted via the website and/or service(s) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will BearInsider be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed, transmitted or otherwise made available via the website and/or service(s).

BearInsider expressly states and you acknowledge and understand that BearInsider is not accepting any responsibility for monitoring or policing the exchange of User Content. However, as the provider of the website and/or service(s), BearInsider reserves the right to monitor, view, store, forward, and use any and all information and content provided.

You agree not to use BearInsider's website and/or services to:

(a) submit materials that are protected by copyright, patent or any other proprietary rights unless you are the owners of such material or have license or permission from the owner of any such proprietary rights to provide the material;

(b) upload, post, e-mail, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defaming, vulgar, obscene, libelous, invasive of another's privacy or racially, ethnically or otherwise objectionable;

(c) harm minors in any way;

(d) impersonate any person or entity, including, but not limited to, any employee of BearInsider or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) manipulate identifiers in any way in order to disguise the origin of any User Content transmitted through BearInsider's website and/or service(s);

(f) upload, post, e-mail, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(g) upload, post, e-mail, transmit or otherwise make available any material that contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) upload, post, e-mail, transmit or otherwise make available any material that contains any unsolicited or unauthorized advertising or promotional materials; or

(i) collect or store personal data about other users.

You acknowledge that BearInsider does not pre-screen User Content, but that BearInsider and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any User Content that is available via BearInsider's website and/or service(s). BearInsider and its designees shall have the right to remove any User Content that violates the terms of use or is otherwise objectionable.

You acknowledge and agree that BearInsider may preserve User Content and may also disclose User Content if required to do so by law or in a good faith belief that such preservation or disclosure is reasonable necessary to: (1) comply with legal process; (b) enforce the terms of use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of BearInsider, its users, and the public.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF BearInsider'S WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. BearInsider AND ITS AFFILIATES, THIRD-PARTY LICENSORS, AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE(S) AND YOUR USE THEREOF.

BearInsider MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE AND/OR SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE AND/OR SERVICE(S), (3) ANY UNAUTHORIZED ACCESS TO OR USE OF BearInsider'S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS, (4) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEBSITE AND/OR SERVICE(S), OR (5) ANY VIRUSES OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEBSITE AND/OR SERVICE(S).

BearInsider DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEBSITE, SERVICE(S), ANY LINKED WEBSITE OR BANNER OR OTHER ADVERTISING, AND BearInsider WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

LIMITS OF LIABILITY

IN NO EVENT WILL BearInsider OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (1) THE USE OF BearInsider'S WEBSITE AND/OR SERVICE(S), (2) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS OR LOSS OF DATA, (3) ANY LOSS OF USE RELATED TO OUR WEBSITE AND/OR SERVICE(S) OR A LINKED SITE, OR (5) ANY CONTENT ON THIS WEBSITE OR LINKED SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BearInsider AND ITS AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

SUBSCRIPTION SERVICES

If you are a subscriber to any paid BearInsider's service, including subscribing as a premium user of the BearInsider website ("Subscribed Service"), then you are responsible for paying any required fees, including applicable taxes, in accordance with the billing terms in effect at the time the Subscribed Service becomes due and payable. BearInsider reserves the right to change the amount of, or basis for determining, any fee or charge for any Subscribed Service we provide, and to institute new fees, charges or terms for the use of the Subscribed Service. BearInsider reserves the right to terminate any account for a Subscribed Service at any time for any reason.

BearInsider offers its Subscribed Service on an automatic renewal basis and your credit card account will be charged per the billing cycle of your Subscribed Service, unless you terminate your subscription to the Subscribed Service prior to the renewal date. You acknowledge and agree that BearInsider is authorized to charge your credit card for Subscribed Services. If you terminate a Subscribed Service, then you will not receive a refund for any unused portion of the Subscribed Service. You may not assign or transfer your subscription to a Subscribed Service to any other person or entity.

You are responsible for providing all computer hardware and software or other equipment necessary to gain access to the Subscribed Service. Access to and use of a Subscribed Service requires a combination of an identification name and a password. You must keep this identification name and password confidential and BearInsider shall not be liable for your failure to do so. You must notify BearInsider of any changes with respect to your information, including, changes in your contact information, any breaches of security, including the loss or unauthorized disclosure of any password or identification. Until you send notice to BearInsider of any such breach of security, you will remain liable for any unauthorized use of a Subscribed Service.

A Subscribed Service is for the private, noncommercial enjoyment of subscribers only and any other use is strictly prohibited. You agree not to copy, publish, or in any way make available publicly any material from a Subscribed Service without the express written consent of BearInsider. BearInsider may limit your access to certain number of physical locations or equipment or simultaneous logins.

GUIDELINES FOR CHILDREN

It is BearInsider's policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. By accessing BearInsider's website and/or service(s), you affirm that you are more than 18 years old, are an emancipated minor, or have the consent of your parents or legal guardian and, therefore, are fully capable and competent to abide by and enter into the agreements and obligations set forth in these terms of use.

You further affirm that you are at least 13 years old, as the BearInsider's website and/or service(s) are not intended for children under 13 years old. If you do not comply with this age restriction, then please do not use BearInsider's website and/or service(s).

TERMINATION OF WEBSITE AND/OR SERVICE(S)

BearInsider reserves the right to terminate the website and/or service(s) in their entirety at any time and for any reason.

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