Terms of Use

Welcome to Financialish.com (the "Site"), owned and maintained by HLH Publications LLC ("Owner") for your personal use and information.  Use of the Site is provided to you subject to the following terms and conditions of use.  Additional terms and conditions of use applicable to specific areas of the Site may also be posted in those areas and, together with these terms of use, govern your use of those areas.  These Terms of Use, together with any such additional terms and conditions, are referred to as the "Terms of Use."  Owner reserves the right, in its discretion, to change or modify any or all of the Terms of Use at any time, effective immediately upon the posting of the revised Terms of Use on the Site. 

Your use of the Site will constitute your binding acceptance of Terms of Use, including any changes or modifications made by Owner.  If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site.

 

SITE CONTENT.      The Site provides a collection of online resources, including articles, commentaries, forums, blogs, job postings, message boards, e-mail services, webcasts, podcasts and transcripts.

 

The content published here represents the personal views of the authors of such content, and not necessarily the views of owner or any organization with which owner may be affiliated. All statements contained in the content are for general information only and are not intended to provide, nor should they be relied on as, financial or legal advice. Users must consult with qualified legal counsel and/or financial advisors before relying upon any content published on this site. Please be aware that statements contained in the content may be incorrect or inapplicable to your jurisdiction or, at the time when you read such statements, the underlying rules, regulations and/or decisions may no longer be controlling or persuasive as a matter of law or interpretation.

 

USE OF CONTENT.      You acknowledge that the Site contains information, text, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Owner or third parties.  You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site.

 

You may download or copy any Content owned by Owner for your own personal, noncommercial use, provided that you maintain all copyright and other notices contained on such Content.  If you have any question as to whether Owner owns certain content contained on the Site, do not download or copy it without first contacting Owner (e.g., Content that appears to have been uploaded by a third party should not be copied or downloaded by you).  You may not copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof, except as expressly permitted in the Terms of Use or under applicable law.  Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.

 

VISITOR CONDUCT/DISPUTES.      Statements, messages, text, files, images, photos, videos, or other materials ("Materials") posted by visitors to the Site, whether on message boards, blogs or in other formats, are the sole responsibility of the visitor who posted such Materials and reflect the opinions of the visitor who has posted it and not of Owner. Although Owner discourages the use of any Site functionality, including message boards and blogs, for anything other than lawful and constructive discourse, Owner cannot effectively monitor all Materials posted by visitors on the Site and, therefore, makes no representation and warranty with respect to the veracity, reliability or completeness of any such Materials.  Accordingly, your reliance on any such Materials shall be at your own risk.

 

Without limiting anything set out above, Owner assumes no responsibility for monitoring the Site for inappropriate Materials or conduct.  If, at any time, Owner chooses, in Owner's sole discretion, to monitor the Site, Owner nonetheless assumes no responsibility for the Materials, no obligation to modify or remove any inappropriate Materials and no responsibility for the conduct of the visitor submitting any such Materials; however, Owner does reserve the right to remove any Materials that it determines, in its sole discretion, violates these Terms of Use or is otherwise unacceptable or inappropriate.  The visitor shall remain responsible for any and all Materials he or she posts.

 

As a general rule, as set out in the Site's Privacy Policy, no personally identifiable information is automatically collected from users of the Site.  If Owner does decide to change its policies, it will post such changes in accordance with these Terms of Use and/or its Privacy Policy.  Please keep in mind, however, that whenever you voluntarily disclose personal information online - for example, on message boards, through e-mail, or in chat areas - that information can be collected and used by others.  In short, if you post personal information online that is accessible to other members, Owner cannot control the other members' use of that information. 

 

Each visitor to the Site is solely responsible for his/her interactions with other visitors.  Owner reserves the right, but has no obligation, to monitor disputes between visitors.

Owner specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct:  the deletion or alteration of any Materials posted on the Site by Owner or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; using the Site's directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations; and printing or otherwise copying or using any personally identifiable information about Site visitors or members for purposes other than contacting such visitors or members for industry-related inquiries.

 

NO ENDORSEMENT.      Owner does not represent or endorse the timeliness, accuracy, reliability or completeness of any content on the site and you acknowledge that any reliance upon such content shall be at your sole risk.  You acknowledge that in some cases, the content may be misleading, mislabeled or simply inaccurate.  The Site may contain links to Web sites which are unrelated to Owner and are owned and operated by third parties (the "third-party sites").  Owner has not reviewed any of the third-party sites which may be linked to the Site, and is not responsible for the contents of, or any products or services offered on, any third-party site.

 

TERMINATION.      Owner reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability.  Owner may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

 

DISCLAIMER.      Your use and browsing of this Site are at your own risk.  If you are dissatisfied with the Site or any Content, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.  Owner does not warrant that the site will be uninterrupted or error-free, nor does owner warrant that any defects in the site or inaccuracies in the content will be corrected.  Without limiting the foregoing, the site and all of the content are provided to you "as is".  None of owner, its third party content providers and its and their respective officers, directors, employees and agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the site, any content or any products or services purchased or obtained, directly or indirectly, through use of the site.  You expressly agree that the entire risk as to the quality and performance of the site is assumed solely by you.

 

You specifically acknowledge and agree that Owner and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user.  In addition, while Owner intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Owner does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses or destructive materials and Owner shall not be liable, for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.

 

LIMITATION OF LIABILITY.      To the fullest extent permissible under applicable law, owner and any third party content providers, and its and their respective officers, directors, employees and agents, are not liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of your access to, or use of, or inability to access or use this site, including without limitation damages for harm to business, lost profits, lost savings, or lost revenues, however such damages are caused and whether based in contract, tort (including negligence) or any other theory of liability.  The foregoing limitations shall apply regardless of whether owner, any third party content provider, or any of its or their respective officers, directors, employees and agents has been advised of the possibility of such damages.

 

In the event you transmit, introduce, or otherwise cause any technical disruption of the site or the services transmitting the site to you, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys’ fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions.  "technical disruption" means distribution of unsolicited advertising or chain letters, propagation of computer worms, viruses or other harmful code, and/or using the site to make unauthorized entry to any other machine accessible via the site.  You are further solely responsible for the content of any transmissions using the site and agree not to upload, post or otherwise make available on the site any material protected by a proprietary right of a third party without first obtaining the express permission of the owner of such proprietary right.  You shall be solely liable for any damages, losses, costs or expenses (including attorneys' fees and expenses) arising out of infringement of proprietary rights or any other harm arising from the uploading, posting or other submission of materials by you.

 

MEMBERSHIP FEES.      You acknowledge that Owner reserves the right to charge for any or all of the services provided on the Site and to change the fees for those services at any time in its sole discretion.  If your ability to use the Site is terminated because you have breached the Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.

 

PASSWORD.      When you sign up to become a member of the Site, you may be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password and will not use the account, user name or password of another member at any time or disclose your password to a third party.  You agree to notify Owner immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

 

MISCELLANEOUS.      These Terms of Use shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and the parties irrevocably consent to bring any action to enforce the Terms of Use in the federal or state courts located in New York.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  The Terms of Use constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

 

IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.