Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Any of you guys know how I'll be paid? Will it be an automatic payoff to my account? EEEE to go private per prior message.
Thanks
EEEE - I can dig this: EM Holdings, Inc. to Purchase eMachines, Inc. in $161-Million Acquisition
11/20/2001 8:01:00 AM
IRVINE, Calif., Nov 20, 2001 /PRNewswire via COMTEX/ -- eMachines, Inc. (EEEE) and EM Holdings, Inc., a corporation wholly-owned by eMachines director Lap Shun (John) Hui, today announced that they have entered into a definitive merger agreement in which EM Holdings has agreed to make a cash tender offer for all of eMachines' outstanding shares.
EM Holdings will offer $1.06 per share, which values eMachines at approximately $161 million and represents a 96.3 percent premium to the eMachines' closing price on Nov. 19, 2001. The price also represents a 35.9 percent increase to the EM Holdings $0.78 per share proposal that was publicly disclosed by EM Holdings on Nov. 9, 2001. The transaction has been unanimously approved by the board of directors of eMachines (excluding Mr. Hui who did not participate in the board deliberations).
"We are very pleased that our review of eMachines' strategic alternatives has resulted in this transaction, which allows stockholders to receive cash for all their shares at an attractive price," said Wayne Inouye, president and CEO of eMachines, Inc. based in Irvine, Calif. "In addition, John Hui's knowledge of eMachines' business will assist in a seamless transition that will allow eMachines to continue to provide affordable, high-performance products and exceptional customer care."
Under the terms of the definitive merger agreement, EM Holdings will make a two-step acquisition. First, a wholly owned subsidiary of EM Holdings will make a cash tender offer for all of eMachines' outstanding common stock. EM Holdings expects to commence the tender offer by Nov. 26, 2001.
EM Holdings' obligation to consummate the tender offer is subject to the tender of at least 90 percent of the total outstanding shares of eMachines; the receipt of funds pursuant to EM Holding's debt commitment from UBS Warburg; and other conditions customary for transactions of this type. EM Holdings has received debt and equity commitments from UBS Warburg and Mr. Hui, respectively, sufficient to fully fund the transaction.
Following consummation of the tender offer, and subject to the conditions set forth in the merger agreement, EM Holdings will acquire the remaining shares of eMachines in a second-step merger at the same per-share price paid in the tender offer.
eMachines was advised by Credit Suisse First Boston Corporation. EM Holdings was advised by Averil Capital Markets Group Inc.
NEW YORK, Nov 19 (Reuters) - U.S. stocks to watch:
PHILLIPS PETROLEUM CO. (P)
Phillips will pay $15.2 billion in stock for Conoco Inc. (COC), offering no premium, to cut costs and become the No. 1 U.S. refiner amid sliding oil prices, the companies said on Sunday. Phillips closed at $51.82 on Friday, while Conoco ended at $24.30.
LOWE'S COS INC. (LOW)
Lowe's, the No. 2 home-improvement retailer behind Home Depot Inc. (HD), on Monday before the open said quarterly earnings rose 24 percent, aided by cost controls and an uptick in sales as consumers invested in their homes. Shares closed at $40.35.
TXU CORP. (TXU)
U.S. Energy Group TXU said on Monday before the open it had sold its West Burton power station to London Electricity Group, a unit of Electricite de France [EDF.UL], for 366 million pounds, or $520 million. TXU closed at $47.40.
ANDRX (ADRX)
Andrx said on Friday after the close that U.S. regulators approved its bid to market a generic form of AztraZeneca Plc's ulcer medication Prilosec, the world's biggest-selling drug. Andrx shares closed at $63.45.
US AIRWAYS GROUP INC. (U)
US Airways, the nation's No. 6 airline, said on Friday after the close that it had completed $404 million in financing and expects to end the year with more than $1 billion in cash on hand. US Airways closed at $6.97.
GLOBAL CROSSING LTD. (GX)
High-speed communications network services company Global Crossing said on Monday before the open that it was selling its IPC Trading Systems unit for $360 million in cash. Global Crossing closed at $1.24.
SBC COMMUNICATIONS INC. (SBC)
Local telephone giant SBC on Monday before the open named former U.S. Secretary of Commerce William Daley as its president. SBC closed at $39.13.
PHARMACIA CORP. (PHA)
Drug maker Pharmacia has won U.S. Food and Drug Administration approval for a new arthritis drug much earlier than expected, the Wall Street Journal reported on Monday. Pharmacia closed at $41.35. REUTERS
© 2001 Reuters
Well my thinking is they ought to F------- be! LOL again I say OUCH!
Arch I don't know because I already own IPZ.V, EEEE, VNTR,
and CHAG. OUCH!
Arch
I don't know if schwab will let be buy anything at that rate of IAMR
Arch! Yep I was posting something you aleady posted and couldn't refill any data in 9 minutes so I left it blank.
I couldn't make the message go away 1--% LOL
Thanksgiving Thought:
When I think of how fortunate I am,strictly by
accident of birth, I always remember the following tidbit.
If we could shrink the earth's population to a village of
precisely 100 people, with all the existing human ratios
remaining the same, it would look something like the following:
There would be:
57 Asians
21 Europeans
14 from the Western Hemisphere, both north and south
8 Africans
52 would be female
48 would be male
70 would be non-white
30 would be white
70 would be non-Christian
30 would be Christian
89 would be heterosexual
11 would be homosexual
6 people would possess 59% of the entire world's wealth and all 6 would be from the United States.
80 would live in substandard housing
70 would be unable to read
50 would suffer from malnutrition
1 would be near death; 1 would be near birth
1 (yes, only 1) would have a college education
1 would own a computer
When one considers our world from such a compressed perspective, the need for both acceptance, understanding and education becomes glaringly apparent.
GX and MONI going very well this morning! ACF still knocking on the Door!
Hey everyone! I'll be trying to do the best I can!! If you see me get out of line give me a wack and I'll give it right back! LOL well for today away! Happy Trading (trails).
GX is continuing to impress me! And I'm really hot for WCG.
Best to All
Hey Matt how's is going with getting charts?
it this type of thing an option?
http://www.bravenet.com/samples/quotestream.php
The art of Thanksgiving is thanks-living.
It is gratitude in action.
It is thanking God for the gift of life by living it triumphantly.
It is thanking God for our talents and abilities by accepting them as obligations to be invested for the common good.
It is thanking God for all that women and men have done for us by doing things for others.
It is thanking God for opportunities by accepting them as a challenge to achievement.
It is thanking God for inspiration by trying to be an inspiration to others.
It is thanking God for each new day by living it to the fullest.
It is thanking God by giving hands, arms, legs, and voice to our thankful spirit.
It is adding to our prayers of thanksgiving, our acts of thanks-living.
By Wilferd A. Peterson
RPT
better send by brother in law there to check it out, he lives in Missoula
Arch . . . January 3, 2002, at 5:00 p.m. (PST) the 88th Rose Bowl Game, presented by AT&T will host the BCS National Championship game between the top two ranked teams in the nation, showcasing the best of collegiate football. You can bet my team will be there!!! We I'm hoping, there is a long short I'll get a ticket.
PS yes - that's me in my alter-ego - holy huskers batman!
EZ the neighbor offered me $500.00 if I'd let him shoot me with his TASER!! I said no F--- Way!!!!
Evan right in the middle of us! see if this works better:
http://www.mapquest.com/cgi-bin/ia_find?link=btwn/twn-map_results&zoom_level=4&uid=um26r2j49....
try and input Winthrup (SP) WA
ok here's a little joke if your offended do not go forward:
Just heard that the U. S. captured Osama Bin Ladin.
The planes sprayed Afghanistan with Viagra, and the
little ##### popped up!
Arch
you ever look at those charts that Jenna posts? pretty cool IMO - you should give it a stab
Evan - I'm in Spokane
Maybe PNRG would be interested in buying CHAG??
Joe
I'm keeping an eye on CORV, PROX, EELN, and I really like MONI for some wierd reason. And I think WCG could have a nice recovery in the next few months.
FWIW
Husker
Evan
where are you at? WA?
Matt there a turncation problem if the link path is to long also??
Anyone been or looked at MBPT?
http://finance.yahoo.com/q?s=MBPT.OB&d=c&t=1y&l=on&z=b&q=l
<img src=FINANCIAL TOOLS - TERMS AND CONDITIONS
1. ACCEPTANCE
By completing the accompanying Registration Form you (the "Registrant") are agreeing with Quotemedia.com Inc. ("Quotemedia") to be bound by these terms and conditions ("Agreement"). This is a legal and binding agreement and by registering you are confirming that you have read this Agreement in its entirety.
2. DEFINITIONS
For purposes of this Agreement, the following terms will have the indicated meanings:
2.1 Financial Tools means any web tools provided by Quotemedia including applets, servlets and other applications including, without limitation, the Quote Browser and any additional web tools which may be made available by Quotemedia from time to time under its trade-marks including Kool Tools™.
2.2 Information Providers means third parties from which Quotemedia acquires the right to distribute financial content and information that Quotemedia makes available under the Financial Tools.
2.3 Person means any individual, corporation, partnership, firm, joint venture, association, trust or other entity or organization.
2.4 Quote Browser means a version of Quotemedia's financial site branded as "Quote Browser" which permits Users to enter a trading symbol and receive a stock quote.
2.5 Registrant means the company or individual or other entity described in the registration form and any Related Parties.
2.6 Registrant's Site means the Registrant's internet site indicated by its URL in the registration form.
2.7 Related Parties means any affiliates, subsidiaries, officers, directors, employees and agents of a corporation or other corporate entity.
2.8 Users means all Persons that access the Registrant's Site.
3. GRANT OF LICENSE
3.1 License. Subject to the terms and conditions of this Agreement, Quotemedia grants to Registrant a limited, non-exclusive, non-assignable, non-transferable, royalty-free license during the term of this Agreement to place the Financial Tools on Registrant's Site and to permit its Users to access the Financial Tools in accordance with this Agreement.
3.2 Ownership. Quotemedia is the exclusive owner of all right, title and interest in the Financial Tools. Registrant acknowledges that all right title and interest in and to the Financial Tools other than the limited license granted herein shall remain the exclusive property of Quotemedia. Registrant shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the Financial Tools or in any element, derivation, adaptation, and variation or name thereof.
3.3 Ownership of Goodwill. Registrant agrees that its use of the Financial Tools, including all Quotemedia trademarks, service marks and/or tradenames incorporated therein, enures to the benefit of Quotemedia. All goodwill or reputation in the Financial Tools shall automatically vest in Quotemedia when the Financial Tools are used by Registrant pursuant to this Agreement. Registrant shall not contest the validity of any of the Quotemedia trademarks, service marks or tradenames or Quotemedia's exclusive ownership of them. During the term of this Agreement, Registrant shall not adopt, use, or register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, any of the Quotemedia trademarks, service marks or tradenames, or any word or mark confusingly similar to any of them in any jurisdiction.
3.4 Changes. Registrant shall not make any modifications or changes of any kind to the Financial Tools nor create any derivative works based upon or relating to the Financial Tools without the prior express written consent of Quotemedia and then only on such terms and conditions as Quotemedia, in its sole discretion, may require.
3.5 Credit. The Financial Tools contain the statement "Powered by Quotemedia.com" and such other attributions and copyright notices which Quotemedia may provide or require in connection with the use of the Financial Tools and the Registrant agrees that such statements, attributions and copyright notices must not be removed, altered or masked in any way.
4. FINANCIAL INFORMATION DISCLAIMER
4.1 Disclaimer. The Financial Tools contain financial information including facts, views, opinions and recommendations of individuals and organizations deemed of interest by Quotemedia or its Information Providers. Neither Quotemedia, nor any Information Providers, or their respective Related Parties guarantees the accuracy, completeness or timeliness of, or otherwise endorses any information contained in or accessed through the Financial Tools, gives investment advice, or advocates the purchase or sale of any security or investment. The Registrant acknowledges that investing in securities carries certain risks, and such risks are assumed by the Registrant and the Users. The Registrant also acknowledges that any Users intending on using the Financial Tools should be advised to consult with their own financial advisor for advice and to verify pricing and other information.
5. COMMISSION (AT REGISTRANT'S OPTION)
5.1 Commission. Provided the Registrant has requested to participate in the commission plan by fully completing the Commission Section of the Registration Form and provided Quotemedia has accepted the request by e-mailed confirmation to the Registrant, Quotemedia will pay the Registrant a commission of Three Cents ($0.03 U.S per unique IP address per month who have used the QuoteBrowser. In this Agreement a use of the QuoteBrowser means when a User enters text into the text box of a Financial Tool and then clicks the "Go" or "Get Quote" button to submit a request to launch the Quote Browser. Quotemedia has no obligation to pay commissions to the Registrant for queries from the Financial Tools that were not generated by means of a valid request or do not otherwise fit the definition of a Click-Through. Quotemedia reserves the right to terminate this Agreement without prior notice if the Registrant's Site generates queries or launches or referrals through means that do not fit the definition of Click-Through.
5.2 Payment Terms. Commissions earned by Registrant under section 5.1 in each calendar quarter will be paid by Quotemedia forty-five (45) days after such quarter, less any taxes Quotemedia is required to withhold and less any amount which Quotemedia determines, in its sole discretion, was not validly earned from the proper use of the Financial Tools on Registrant's Site. If commissions earned during any calendar quarter are less than One Hundred Dollars ($100 US), then Quotemedia will hold those commissions until the quarter in which the total amount due to the Registrant is at least One Hundred Dollars ($100 US) or until this Agreement is terminated (if earlier).
6. REPRESENTATIONS AND WARRANTIES
6.1 Mutual Representations. Each party to this Agreement represents and warrants that it has the full right, power and authority to enter into this Agreement and to perform the acts required of it hereunder.
6.2 Registrant's Representations. Registrant represents and warrants that the content on Registrant's Site, the technology used by Registrant in connection with Registrant's Site and/or the means by which Users access Registrant's Site
(a) are owned or validly licensed for use by Registrant or in the public domain;
(b) do not constitute defamation, libel or obscenity;
(c) do not infringe or violate any copyright, patent, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity; and
(d) do not result in any consumer fraud, product liability, breach of contract to which Registrant is a party or cause injury to any third party.
7. LIMITATION OF LIABILITY.
7.1 Accuracy/Reliability. REGISTRANT ACKNOWLEDGES THAT QUOTEMEDIA RELIES ON INFORMATION PROVIDERS OUTSIDE OF ITS CONTROL TO MAKE THE FINANCIAL TOOLS AVAILABLE TO REGISTRANT. REGISTRANT AGREES THAT THE INFORMATION CONTAINED IN THE FINANCIAL TOOLS IS "AS IS". QUOTEMEDIA DOES NOT WARRANT THAT THE FINANCIAL TOOLS AND INFORMATION THEREIN WILL MEET THE REGISTRANT'S REQUIREMENTS OR EXPECTATIONS AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE FINANCIAL TOOLS OR THE INFORMATION THEREIN.
REGISTRANT ACKNOWLEDGES THAT QUOTEMEDIA, ITS INFORMATION PROVIDERS AND THEIR RESPECTIVE RELATED PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY REGISTRANT, USERS OR ANY THIRD PERSON ARISING OUT OF:
(a) ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PROVISION OF THE FINANCIAL TOOLS; OR
(b) ANY INACCURACIES, ERRORS OR OMISSIONS IN THE FINANCIAL TOOLS, HOWEVER SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, UNLESS DUE TO THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF QUOTEMEDIA.
7.2 Exclusion of Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
7.3 Special Damages. UNDER NO CIRCUMSTANCES WILL QUOTEMEDIA, ITS INFORMATION PROVIDERS OR THEIR RESPECTIVE RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE PROVISION OF THE FINANCIAL TOOLS TO REGISTRANT OR USE OF THE FINANCIAL TOOLS BY REGISTRANT OR USERS, INCLUDING LOST PROFITS REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
7.4 Aggregate Liability. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE AGGREGATE LIABILITY OF QUOTEMEDIA, ITS INFORMATION PROVIDERS, OR ITS RESPECTIVE RELATED PARTIES TO REGISTRANT, ANY USERS OR TO ANY THIRD PERSON FOR DAMAGES OF WHATEVER NATURE OR KIND AND HOWSOEVER ARISING; DIRECT OR INDIRECT, EXCEED THE SUM OF ONE HUNDRED ($100.00) DOLLARS.
7.5 Force Majeure. Neither party will be liable for any failure to perform any obligation hereunder, or for any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, electrical sources or other power sources, fire or other casualty.
8. INDEMNIFICATION
8.1 Indemnification by Registrant . Registrant agrees to indemnify and hold Quotemedia and its Related Parties harmless from and against any and all damages, claims and expenses, including attorney's fees, arising from any use of the Financial Tools by the Registrant or Users. The Registrant agrees to release Quotemedia and its Related Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, disclosed or undisclosed, that the Registrant or Users may have against Quotemedia or Related Parties.
9. TERM
9.1 Term. The term of this Agreement (the "Term") shall commence on the date Registrant agrees to the terms and conditions of this Agreement and shall continue in force thereafter, unless earlier terminated as provided herein.
9.2 Termination For Default. Either party may immediately terminate this Agreement in the event of any breach of this Agreement by the other party or the other party becoming bankrupt or insolvent, making an assignment for the benefit of its creditors, seeking protection under any other legislation for the benefit of bankruptcy of insolvent persons or the filing of a voluntary or involuntary petition under the bankruptcy or insolvency law or any law of like import.
9.3 Termination for Convenience. Registrant may terminate this Agreement for any reason and at any time by notice in writing to Quotemedia. Quotemedia may terminate this Agreement for any reason and at any time upon five (5) days' prior written notice to Registrant.
9.4 Effect of Termination. Upon the termination of this Agreement for any reason all license and other rights granted herein shall terminate immediately, and Registrant shall immediately cease any use of the Financial Tools and all of Quotemedia trademarks, service marks and tradenames incorporated in the Financial Tools.
10. MISCELLANEOUS
10.1 Notice. Any notice required for or permitted by this Agreement shall be in writing and sent to the addresses described in the Registration Form (unless amended by the party), and shall be deemed delivered if delivered as indicated: (a) by personal delivery when delivered personally, (b) by overnight courier upon written verification of receipt, (c) by facsimile transmission when confirmed by facsimile transmission report, (d) by certified or registered mail, return receipt requested, upon verification of receipt; or (e) by the same day, when delivered by email.
10.2 Modification. Quotemedia may, at any time, change the terms and conditions of this Agreement by posting notice of such change on the Quote Browser. Any use of the Financial Tools after such notice is posted or delivered (as the case may be) shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.
10.3 Assignment. This Agreement will be binding upon and enure to the benefit of the parties, their respective heirs, personal representatives, successors and assigns. Registrant may not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of Quotemedia. In the event of any merger, consolidation or take-over involving Quotemedia or any sale or other transfer of all or substantially all of the assets of Quotemedia or any change in control of Quotemedia, this Agreement and the rights and duties thereunder shall be assignable by Quotemedia without the consent of Registrant.
10.4 Compliance with Laws. Each party agrees to comply with applicable laws in connection with this Agreement. Both parties agree, that they will comply with all laws concerning obscenity, defamation, infringement, rights of privacy, harassment and export controls, among others.
10.5 Survival. Sections 3, 7 and 8 of this Agreement, along with any other provisions which by their nature extend beyond termination of this Agreement shall survive termination.
10.6 Governing Law. This Agreement and any disputes arising under or relating to this Agreement will be governed by the laws of the State of Nevada. The parties hereby consent to the jurisdiction of the Courts of the State of Nevada for the purpose of any action or proceeding brought by either of them in connection with this Agreement.
10.7 Independent Contractors. The parties are independent contractors. This Agreement shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
10.8 Severability. If any provision of this Agreement shall be held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.
10.9 Waiver. No waiver of any breach of any provision of this Agreement will be considered to be a waiver of any prior, concurrent or later breach of the same provisions or different provisions, and will not be effective unless made in writing and signed by an officer of the waiving party.
dat didn't work
FINANCIAL TOOLS - TERMS AND CONDITIONS
1. ACCEPTANCE
By completing the accompanying Registration Form you (the "Registrant") are agreeing with Quotemedia.com Inc. ("Quotemedia") to be bound by these terms and conditions ("Agreement"). This is a legal and binding agreement and by registering you are confirming that you have read this Agreement in its entirety.
2. DEFINITIONS
For purposes of this Agreement, the following terms will have the indicated meanings:
2.1 Financial Tools means any web tools provided by Quotemedia including applets, servlets and other applications including, without limitation, the Quote Browser and any additional web tools which may be made available by Quotemedia from time to time under its trade-marks including Kool Tools™.
2.2 Information Providers means third parties from which Quotemedia acquires the right to distribute financial content and information that Quotemedia makes available under the Financial Tools.
2.3 Person means any individual, corporation, partnership, firm, joint venture, association, trust or other entity or organization.
2.4 Quote Browser means a version of Quotemedia's financial site branded as "Quote Browser" which permits Users to enter a trading symbol and receive a stock quote.
2.5 Registrant means the company or individual or other entity described in the registration form and any Related Parties.
2.6 Registrant's Site means the Registrant's internet site indicated by its URL in the registration form.
2.7 Related Parties means any affiliates, subsidiaries, officers, directors, employees and agents of a corporation or other corporate entity.
2.8 Users means all Persons that access the Registrant's Site.
3. GRANT OF LICENSE
3.1 License. Subject to the terms and conditions of this Agreement, Quotemedia grants to Registrant a limited, non-exclusive, non-assignable, non-transferable, royalty-free license during the term of this Agreement to place the Financial Tools on Registrant's Site and to permit its Users to access the Financial Tools in accordance with this Agreement.
3.2 Ownership. Quotemedia is the exclusive owner of all right, title and interest in the Financial Tools. Registrant acknowledges that all right title and interest in and to the Financial Tools other than the limited license granted herein shall remain the exclusive property of Quotemedia. Registrant shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the Financial Tools or in any element, derivation, adaptation, and variation or name thereof.
3.3 Ownership of Goodwill. Registrant agrees that its use of the Financial Tools, including all Quotemedia trademarks, service marks and/or tradenames incorporated therein, enures to the benefit of Quotemedia. All goodwill or reputation in the Financial Tools shall automatically vest in Quotemedia when the Financial Tools are used by Registrant pursuant to this Agreement. Registrant shall not contest the validity of any of the Quotemedia trademarks, service marks or tradenames or Quotemedia's exclusive ownership of them. During the term of this Agreement, Registrant shall not adopt, use, or register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, any of the Quotemedia trademarks, service marks or tradenames, or any word or mark confusingly similar to any of them in any jurisdiction.
3.4 Changes. Registrant shall not make any modifications or changes of any kind to the Financial Tools nor create any derivative works based upon or relating to the Financial Tools without the prior express written consent of Quotemedia and then only on such terms and conditions as Quotemedia, in its sole discretion, may require.
3.5 Credit. The Financial Tools contain the statement "Powered by Quotemedia.com" and such other attributions and copyright notices which Quotemedia may provide or require in connection with the use of the Financial Tools and the Registrant agrees that such statements, attributions and copyright notices must not be removed, altered or masked in any way.
4. FINANCIAL INFORMATION DISCLAIMER
4.1 Disclaimer. The Financial Tools contain financial information including facts, views, opinions and recommendations of individuals and organizations deemed of interest by Quotemedia or its Information Providers. Neither Quotemedia, nor any Information Providers, or their respective Related Parties guarantees the accuracy, completeness or timeliness of, or otherwise endorses any information contained in or accessed through the Financial Tools, gives investment advice, or advocates the purchase or sale of any security or investment. The Registrant acknowledges that investing in securities carries certain risks, and such risks are assumed by the Registrant and the Users. The Registrant also acknowledges that any Users intending on using the Financial Tools should be advised to consult with their own financial advisor for advice and to verify pricing and other information.
5. COMMISSION (AT REGISTRANT'S OPTION)
5.1 Commission. Provided the Registrant has requested to participate in the commission plan by fully completing the Commission Section of the Registration Form and provided Quotemedia has accepted the request by e-mailed confirmation to the Registrant, Quotemedia will pay the Registrant a commission of Three Cents ($0.03 U.S per unique IP address per month who have used the QuoteBrowser. In this Agreement a use of the QuoteBrowser means when a User enters text into the text box of a Financial Tool and then clicks the "Go" or "Get Quote" button to submit a request to launch the Quote Browser. Quotemedia has no obligation to pay commissions to the Registrant for queries from the Financial Tools that were not generated by means of a valid request or do not otherwise fit the definition of a Click-Through. Quotemedia reserves the right to terminate this Agreement without prior notice if the Registrant's Site generates queries or launches or referrals through means that do not fit the definition of Click-Through.
5.2 Payment Terms. Commissions earned by Registrant under section 5.1 in each calendar quarter will be paid by Quotemedia forty-five (45) days after such quarter, less any taxes Quotemedia is required to withhold and less any amount which Quotemedia determines, in its sole discretion, was not validly earned from the proper use of the Financial Tools on Registrant's Site. If commissions earned during any calendar quarter are less than One Hundred Dollars ($100 US), then Quotemedia will hold those commissions until the quarter in which the total amount due to the Registrant is at least One Hundred Dollars ($100 US) or until this Agreement is terminated (if earlier).
6. REPRESENTATIONS AND WARRANTIES
6.1 Mutual Representations. Each party to this Agreement represents and warrants that it has the full right, power and authority to enter into this Agreement and to perform the acts required of it hereunder.
6.2 Registrant's Representations. Registrant represents and warrants that the content on Registrant's Site, the technology used by Registrant in connection with Registrant's Site and/or the means by which Users access Registrant's Site
(a) are owned or validly licensed for use by Registrant or in the public domain;
(b) do not constitute defamation, libel or obscenity;
(c) do not infringe or violate any copyright, patent, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity; and
(d) do not result in any consumer fraud, product liability, breach of contract to which Registrant is a party or cause injury to any third party.
7. LIMITATION OF LIABILITY.
7.1 Accuracy/Reliability. REGISTRANT ACKNOWLEDGES THAT QUOTEMEDIA RELIES ON INFORMATION PROVIDERS OUTSIDE OF ITS CONTROL TO MAKE THE FINANCIAL TOOLS AVAILABLE TO REGISTRANT. REGISTRANT AGREES THAT THE INFORMATION CONTAINED IN THE FINANCIAL TOOLS IS "AS IS". QUOTEMEDIA DOES NOT WARRANT THAT THE FINANCIAL TOOLS AND INFORMATION THEREIN WILL MEET THE REGISTRANT'S REQUIREMENTS OR EXPECTATIONS AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE FINANCIAL TOOLS OR THE INFORMATION THEREIN.
REGISTRANT ACKNOWLEDGES THAT QUOTEMEDIA, ITS INFORMATION PROVIDERS AND THEIR RESPECTIVE RELATED PARTIES WILL NOT BE HELD LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY REGISTRANT, USERS OR ANY THIRD PERSON ARISING OUT OF:
(a) ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PROVISION OF THE FINANCIAL TOOLS; OR
(b) ANY INACCURACIES, ERRORS OR OMISSIONS IN THE FINANCIAL TOOLS, HOWEVER SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, UNLESS DUE TO THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF QUOTEMEDIA.
7.2 Exclusion of Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
7.3 Special Damages. UNDER NO CIRCUMSTANCES WILL QUOTEMEDIA, ITS INFORMATION PROVIDERS OR THEIR RESPECTIVE RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE PROVISION OF THE FINANCIAL TOOLS TO REGISTRANT OR USE OF THE FINANCIAL TOOLS BY REGISTRANT OR USERS, INCLUDING LOST PROFITS REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
7.4 Aggregate Liability. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE AGGREGATE LIABILITY OF QUOTEMEDIA, ITS INFORMATION PROVIDERS, OR ITS RESPECTIVE RELATED PARTIES TO REGISTRANT, ANY USERS OR TO ANY THIRD PERSON FOR DAMAGES OF WHATEVER NATURE OR KIND AND HOWSOEVER ARISING; DIRECT OR INDIRECT, EXCEED THE SUM OF ONE HUNDRED ($100.00) DOLLARS.
7.5 Force Majeure. Neither party will be liable for any failure to perform any obligation hereunder, or for any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, electrical sources or other power sources, fire or other casualty.
8. INDEMNIFICATION
8.1 Indemnification by Registrant . Registrant agrees to indemnify and hold Quotemedia and its Related Parties harmless from and against any and all damages, claims and expenses, including attorney's fees, arising from any use of the Financial Tools by the Registrant or Users. The Registrant agrees to release Quotemedia and its Related Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, disclosed or undisclosed, that the Registrant or Users may have against Quotemedia or Related Parties.
9. TERM
9.1 Term. The term of this Agreement (the "Term") shall commence on the date Registrant agrees to the terms and conditions of this Agreement and shall continue in force thereafter, unless earlier terminated as provided herein.
9.2 Termination For Default. Either party may immediately terminate this Agreement in the event of any breach of this Agreement by the other party or the other party becoming bankrupt or insolvent, making an assignment for the benefit of its creditors, seeking protection under any other legislation for the benefit of bankruptcy of insolvent persons or the filing of a voluntary or involuntary petition under the bankruptcy or insolvency law or any law of like import.
9.3 Termination for Convenience. Registrant may terminate this Agreement for any reason and at any time by notice in writing to Quotemedia. Quotemedia may terminate this Agreement for any reason and at any time upon five (5) days' prior written notice to Registrant.
9.4 Effect of Termination. Upon the termination of this Agreement for any reason all license and other rights granted herein shall terminate immediately, and Registrant shall immediately cease any use of the Financial Tools and all of Quotemedia trademarks, service marks and tradenames incorporated in the Financial Tools.
10. MISCELLANEOUS
10.1 Notice. Any notice required for or permitted by this Agreement shall be in writing and sent to the addresses described in the Registration Form (unless amended by the party), and shall be deemed delivered if delivered as indicated: (a) by personal delivery when delivered personally, (b) by overnight courier upon written verification of receipt, (c) by facsimile transmission when confirmed by facsimile transmission report, (d) by certified or registered mail, return receipt requested, upon verification of receipt; or (e) by the same day, when delivered by email.
10.2 Modification. Quotemedia may, at any time, change the terms and conditions of this Agreement by posting notice of such change on the Quote Browser. Any use of the Financial Tools after such notice is posted or delivered (as the case may be) shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.
10.3 Assignment. This Agreement will be binding upon and enure to the benefit of the parties, their respective heirs, personal representatives, successors and assigns. Registrant may not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of Quotemedia. In the event of any merger, consolidation or take-over involving Quotemedia or any sale or other transfer of all or substantially all of the assets of Quotemedia or any change in control of Quotemedia, this Agreement and the rights and duties thereunder shall be assignable by Quotemedia without the consent of Registrant.
10.4 Compliance with Laws. Each party agrees to comply with applicable laws in connection with this Agreement. Both parties agree, that they will comply with all laws concerning obscenity, defamation, infringement, rights of privacy, harassment and export controls, among others.
10.5 Survival. Sections 3, 7 and 8 of this Agreement, along with any other provisions which by their nature extend beyond termination of this Agreement shall survive termination.
10.6 Governing Law. This Agreement and any disputes arising under or relating to this Agreement will be governed by the laws of the State of Nevada. The parties hereby consent to the jurisdiction of the Courts of the State of Nevada for the purpose of any action or proceeding brought by either of them in connection with this Agreement.
10.7 Independent Contractors. The parties are independent contractors. This Agreement shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
10.8 Severability. If any provision of this Agreement shall be held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.
10.9 Waiver. No waiver of any breach of any provision of this Agreement will be considered to be a waiver of any prior, concurrent or later breach of the same provisions or different provisions, and will not be effective unless made in writing and signed by an officer of the waiving party.
<!-- The following line of code must be on one line, it can not wrap // -->
<div align="center"><script language="JavaScript" src="http://pub36.bravenet.com/minipoll/show.php?usernum=3019475696&cpv=1">
</script></div>
Jenna
Do you have any info on GTSI?
If your a bottom fisher on a value company??
EZ
I don't get it on FMO, why? value? they are losing money hand over fist and the economy is weak - I'm kind confused on this one. Please show me how to see it in a different light.
Thanx
Jenna
I've had THOR in my clearstation Recommend since 3/08/01, discovered doing DD on VASO (not performing as well but still a solid company I believe).
Arch can you believe the Range for the day? 15.95 - 20.49
ACF - hit the name on the head with that this morning! Could be a nice ride.