Applicability of Terms of Use for Members

FOR ANY INDIVIDUALS THAT VISIT THIS SITE, THE FOLLOWING TERMS AND CONDITIONS WILL CONSTITUTE PART OF YOUR MEMBERSHIP AGREEMENT WITH ENTHIOS AND WILL GOVERN YOUR ACCESS TO AND USE OF INFORMATION AND SERVICES AVAILABLE AT ENTHIOS.COM  SITE.

Eligibility

You warrant that you are at least 18 years of age.  No person under the age of 18 may use this site

Enthios' Right to Change Terms of Use

Enthios has the right to change these Terms of Use and, except for any increase in our membership fees, the terms of our Membership Agreement for members from time to time without any prior notice to you.  However, we will post changes on the site and they will be effective as soon as they are posted. 

We encourage you to review periodically these terms to inform yourself of changes and any new or different terms.  Changes to our membership fee will be posted in advance and you will have 30 days to cancel your membership before the changes become effective. Your continued use of the site following the posting of each such change (or, in the case of any increase in membership fees, after 30 days), will conclusively evidence your acceptance of the changes.

Enthios' Right to Monitor Your Use

Enthios also reserves the right to monitor your use of the site, to limit or terminate your access to the site, and to cancel your membership and terminate your Membership Agreement if you do not pay your membership fees or if you fail to observe any of our Terms of Use. 

Your Additional Agreements

By subscribing to membership in Enthios, viewing any of our site's web pages, participating in the Alerts Channel or receiving any of Enthios' trade setups, you fully understand and agree that all securities and financial markets are subject to numerous implicit and explicit risks, none of which Enthios can control or influence.

You therefore acknowledge and agree that all investment decisions you may make, including decisions that take into account or rely on any information provided or made available by or from the Enthios site, are yours and yours alone and are made solely at your own risk.

You also agree to bear complete responsibility for your investment research and decisions and acknowledge that Enthios has not and will not make any specific recommendations to you or any of its members upon which you or any of them is entitled to rely.

You also understand that the information disseminated on the site and in Enthios' e-mail alerts and newsletters represent non-personalized, disinterested opinions and commentary of Enthios and its employees and agents, or may only represent the views of other members, but that none of them constitutes a solicitation or recommendation to buy or sell securities.

We post a legal notice and various credits on pages of the Site, which may not be removed.  Please do not remove these notices or these credits, or any additional information contained along with the notices and credits.

Information on Our Site

Enthios does not represent or warrant the accuracy, completeness or timeliness of any statements made or information, data or content provided on or through the site, in the Alerts Channel or in Enthios' e-mail alerts and newsletters. None of the information provided by Enthios replaces your need to undertake continued, independent research into securities that may be mentioned on the Enthios site, and you agree to reach your own independent conclusions about any investment decision concerning all securities mentioned on the site.

Our Alerts Channel

Enthios also is not responsible for and does not guarantee the accuracy or veracity of any statements, postings or messages made or provided in the Alerts Channel by its own employees or agents, or by any member or other third party. As a member of the site, you agree that any action taken by you with respect to any information from the Alerts Channel is undertaken at your risk alone and is not the responsibility of Enthios.

If you have access to the Alerts Channel, you agree that you are solely responsible for verifying the accuracy of all information you provide, introduce or post to the Alerts Channel and for all consequences to others that may results from your information.

Use of offensive, defamatory or otherwise objectionable language, as determined solely by Enthios in its discretion in the Alerts Channel or the posting of copyrighted or other protected material that may infringe upon the rights of others is not permitted.  Enthios may cancel the membership of any member who fails to observe this condition.

Ownership of the Site and All Materials

You acknowledge and agree that all original works, content, logos, slogan, names or other marks, data, information and materials provided on or made available on or through the site ("Site Content") are proprietary to and belong to Enthios, unless otherwise specifically noted that is or may be subject to protection by copyrights, trademarks and service marks, intellectual property, or other proprietary rights and laws. Further, other members and third parties may also provide content, materials, data and information to the site that is included in references to Site Content herein.

There are opportunities for you to provide information, data or materials to the site including in the Alerts Channel.  If you provide or post such information, data or materials, other than the specific member information required for registering as a member, to the site or in the Alerts Channel, by voice, electronic means including e-mail, or otherwise ("Member Provided Content"), we will treat it as non-confidential and non-proprietary to you.

Except as expressly authorized by Enthios in writing, you agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or modify any of our materials or create any derivative works from such materials or Site Content. You may print or download one copy of the materials or Site Content on the site on any single computer for your own personal, non-commercial use in connection with your personal activities, but you must keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Enthios is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

Your Limited User License

So long as you remain a member in good standing of Enthios, you have a limited nonexclusive license to access, view, display and download portions of the site, including Site Content, for your use.  However, no member or other user is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create any of the materials or Site Content on our site or any derivative works from or use the Site Content, in whole or in part, except as is expressly authorized by this license.

You also agree that you will not (i) use the site or information or Site Content from the site for any commercial activity, including any activity that competes with the business of Enthios, (ii) excerpt information or Site Content from the site for posting elsewhere on the Internet without Enthios’ express prior written consent, (iii) take any action inconsistent with Enthios’ ownership of the site, Site Content and the intellectual property rights associated with the Site Content or the site including those of Enthios and third parties, or (iv) take any action or step that would tend to disrupt, alter or impede the operation of the site, alter the Site Content , impede access to or use of the site by others, or otherwise would be damaging, injurious or objectionable to Enthios, the site or any other of its Members.   Enthios reserves all rights not expressly licensed.

Your License and Representations to Enthios

By posting or submitting Member Content to the site, you specifically grant Enthios and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, create derivative works, distribute, have distributed, and promote or otherwise utilize or exploit any rights associated with any Member Content or other content supplied by you in any manner, in any form, anywhere and for any purpose.

You also warrant and represent that you own or otherwise control all of the rights to all content supplied or posted by you and that such information or posting by you and the public posting and use by Enthios of content supplied by you is accurate and will not infringe or violate the rights of any third party. 

Postings in the Alerts Channel

As a member, you from time to time will have the ability to communicate in the Alerts Channel.

Because other members may form impressions about you based on what you say or post on the Enthios site, you agree to exercise a reasonable degree of diligence, care and thought before you make or post any comment or alert, and understand that you are solely responsible to verify the basis for and accuracy of any comment or alert you make or post.

Prohibited Postings and Comment

You agree that you will refrain from any offensive, defamatory, vulgar, obscene, political or racial remarks and comments, and will not make any personal attacks, use any offensive or inappropriate language, post material that is harmful to minors, engage in any hyping or front running, or place or post on the site any "spam," advertisements or promotional material.  Enthios reserves the right to deny posting  privileges or other access privileges, including without limitation revocation and cancellation of membership, for violating these conditions.

You can be held liable for any illegal or prohibited Content you provide to the site, including, among other things, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or other materials injurious to third parties.  You can also be held liable for materials consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content.

If you participate in the Enthios Alerts Channel, you agree to refrain from asking any and all business and or personal questions directly of Enthios at any time.  However, you may direct those questions by e-mail to support@netfriend.net .

Control of Site Content

The site presents material and content, including text, graphics, images, illustrations, information and material subject to the intellectual property rights of Enthios, information, data, content and other intellectual property belonging to third parties, and other sources, reports and data generated as a result of member input. All of this is called "Site Content."  

Enthios retains complete discretion over the Site Content, including the right to remove or modify any Site Content.  Enthios has no obligation and undertakes no responsibility to review the Site Content to determine its reliability, accuracy or completeness.  Further, although it has no obligation to police Site Content, if Enthios determines in the exercise of its sole discretion, that any Site Content may give rise to any liability or claim against Enthios, it may decline or cease to distribute or post such Site Content and take other remedial measures. The contributions of third parties do not necessarily represent the view or opinions of Enthios. 

Limitation of Liability for Site Content and Data

ENTHIOS IS NOT LIABLE FOR ANY LOST CONTENT, INCLUDING DATA, RESULTING FROM THE OPERATION OF OUR SITE AND/OR THE ENFORCEMENT OF THE TERMS OF USE. WE URGE YOU, AS WELL AS ALL OUR MEMBERS, TO MAINTAIN YOUR OWN BACK UP VERSIONS OF ANY CONTENT, INCLUDING DATA, YOU SUBMIT TO THE SITE.   ENTHIOS IS NOT LIABLE FOR USE OF ANY PERSONAL INFORMATION OR CONTENT BY THIRD PARTIES GAINING ACCESS TO SUCH PERSONAL INFORMATION OR CONTENT FROM THIS SITE BY ANY MANNER. FURTHER, ENTHIOS IS NOT LIABLE OR RESPONSIBLE FOR ANY CONTENT, INCLUDING DATA, PROVIDED BY ITS MEMBERS OR OTHER THIRD PARTIES TO THE SITE. 

Corrections to Site Content

If you believe any information available on the Enthios site is incorrect or inaccurate, or offensive, please inform Enthios by e-mail at support@netfriend.net . We will be pleased to make appropriate inquiries and, if warranted, remove incorrect, inaccurate or offensive information from our site, post corrections or provide additional information, as indicated.

Information Supplied by Others

The site contains links to other web sites operated by third parties as well as information provided by third parties. You understand and agree that Enthios is not responsible for the content, accuracy, or legality of what may appear on those other sites, and that the inclusion of any such link or third party materials do not constitute or imply any endorsement, sponsorship or affiliation with the site by Enthios, or any representation that any of the third party information is correct, accurate or reliable. 

Some third parties may be identified as or identify themselves as affiliates of Enthios.  Affiliates have agreed with Enthios to share certain information with Enthios.  Enthios and its affiliates, however, do not sponsor or endorse one another unless such sponsorship or endorsement agreement is expressly stated, and only to the extent of any such an express agreement.

Available Goods and Services

The site contains information about third-party products and services, and provides links to other sites at which members may purchase products or services. Enthios does not endorse any such third-party product or service.

You agree that Enthios has no responsibility or liability for or in connection with any products or services you obtain from others through use of this site, or for the quality, functionality, use or intended use of application of any product or service purchased from any third party. ENTHIOS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, CONCERNING ANY SUCH PRODUCT OR SERVICE. If you have a concern or complaint about any such product or service, you understand and agree that your sole recourse, if any, in connection with any such product or service is with the third party manufacturer, vendor, supplier, seller or distributor of such product, and not Enthios. 

Privacy Policy and Practices

Enthios desires to protect the reasonable privacy interests of its members and to inform them of member information it collects and how it may use, store, process or transmit that information.

By entering into the Membership Agreement and agreeing to abide by these Terms of Use, you acknowledge that you have read and understand, and agree with, the Enthios Privacy Policy posted on the site, including the use of personal information supplied by members by Enthios as described in the Privacy Policy. 

You also understand and agree that the Privacy Policy may change from time to time without prior notice to you, and agree periodically to review the Privacy Policy so that you will be informed of those changes.

Other than in your registration form, you should not post personal information about yourself on the Site that can be used to identify you, your home or work address, phone numbers, pagers, e-mail address or other such information.

Copyright and Similar Rights of Others 

Enthios intends and expects to honor the copyright and intellectual property interests of others. By entering into the Membership Agreement, you represent and warrant to Enthios that you own or have the right to submit whatever information or content material you submit or post on the site, and that no such submission infringes upon any copyright, trademark or other intellectual property interest or right of others, and that you will forever defend and hold Enthios harmless from and against any such infringement or claim of infringement made by others.

If you believe that any copyright interest belonging to you is or may be infringed by any posting on Enthios, you agree to notify us promptly by providing a sworn notification of those materials that you believe infringe your copyrighted material, specifying in reasonable detail the basis for your concern.  While The Digital Millennium Copyright Act of 1998 provides recourse for owners of copyrighted material who believe their rights have been violated, if you believe that any copyright interest you have has been violated by postings on our site, we recommend that you contact an attorney as the information provided in this Agreement is provided for informational purposes only and should not be construed as legal advice.  

Our Disclaimers and Limitations on Liability

ALL THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS AND SERVICES AT ENTHIOS.COM ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND.  ENTHIOS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 

ENTHIOS DISCLAIMS ANY WARRANTY THAT THE SITE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED AT THE SITE IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED.

YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ENTHIOS WILL NOT BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY ENTHIOS CONTENT OR THIRD PARTY CONTENT, THE SITE, YOUR USE OR INABILITY TO USE THE SITE, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE SITE.

YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT ENTHIOS MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND YOUR USE OF THE SITE AND ITS CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW OR RECOVERY, EXCEED $100. YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND THE SERVICES OFFERED OR PROVIDED AND TO CANCEL YOUR MEMBERSHIP. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Your Obligation to Indemnify Us

You agree to indemnify, defend and hold harmless Enthios, and its officers, directors, employees, agents, information providers and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs, including reasonable attorney's fees, arising out of, in connection with or relating to any violation by you of the Membership Agreement or these Terms of Use, including claims of infringement of intellectual property or other third party rights, or otherwise, directly or indirectly resulting from or attributable in any way to any access to, use of or posting of material or content on the Enthios site by you.

Trademarks and Service Marks

"Enthios" and "Enthios.com" are all trademarks utilizing by and belonging to Enthios, Ltd.  Other trademarks, service marks and logos used in this site may be trademarks, service marks, or logos of their respective owners and are used, to Enthios’ knowledge, with the permission of the respective holders of those marks.  Graphics, logos, page headers, button icons, scripts, and service names are trademark or trade dress of Enthios.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  Further, you agree not to engage in any unauthorized framing, linking or deep-linking to the Site without the prior written consent of Enthios.

Business Transfers

As we continue to develop our business, we might sell or buy sites, products, services, or technology.  In such transactions, customer information generally is one of the transferred business assets.  Also, in the event that Enthios or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

E-mail Communications

To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Enthios if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please contact us at support@netfriend.net .

Other Terms, Conditions and Provisions

No amendment, modification or alternation of the Membership Agreement or these Terms of Use shall be effective unless they are evidenced by a written instrument signed by an officer of Enthios.

The Membership Agreement and these Terms of Use together constitute the entire agreement between you and Enthios with respect to this site and supersede all prior or contemporaneous communications and proposals, if any, whether oral, written or electronic, between you and Enthios with respect to this site.

The Membership Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else. You also agree that you will not allow anyone else to access the Enthios site unless such other person has registered as a member. You agree that you will be solely responsible for any liability arising from any third party access to or use of the site that you permit or facilitate. 

Although the site is accessible worldwide, not all products or services discussed or referenced in the site are available to all persons or in all geographic locations or jurisdictions.  Enthios reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it determines in its sole discretion.  The offering or availability of any product or service by means of this site is void where prohibited by law. Enthios may at times send information to its members that Enthios believes will be of interest.  If you do not want to receive e-mails or other communications from us, please let us know by contacting us by e-mail at support@netfriend.net .

This Agreement shall be governed by and construed in accordance with Virginia law, without regard to that state's choice of law rules.  You agree that your use of the site constitutes activity in Virginia and for the purpose of litigating any dispute arising under this Agreement, you agree that any action commenced against Enthios shall be commenced and maintained solely in a federal or state court of competent subject matter jurisdiction within the jurisdiction of the U.S. District Court for the Western District of Virginia, Charlottesville Division.  You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event Enthios commences an action against you. 

If any term or provision of the Membership Agreement or of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law, the remainder of the Membership Agreement or Terms of Use, as the case may be, that can be given effect without such term or provision, shall be given full effect. 

Any failure by Enthios to enforce strict performance of any provision of the Membership Agreement or the Terms of Use will not constitute a waiver of its right subsequently to enforce such provision or any other provision of the Membership Agreement or Terms of Use.