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TERMS AND CONDITIONS OF USE FOR MEMBERS By using this web site, and any of the information, services and products contained in or otherwise made available to you through this web site, you shall be deemed to have agreed to all of the terms and conditions set forth herein. This web site contains links to other web sites that may contain additional terms and conditions of use. Your use of any such other web site shall also subject you to such other terms and conditions. To the extent that any portion of such other web sites' terms and conditions may conflict with these Terms and Conditions of Use, these Terms and Conditions of Use shall control. Liability Disclaimer The information, services and products contained in or otherwise made available through this web site may contain errors and/or may be subject to periods of interruption. RINA shall not be responsible, nor shall RINA be liable, to any person for any errors, defects, lost profits or other consequential damages that may arise from any use of this web site. RINA PROVIDES ALL OF THE INFORMATION, SERVICES AND PRODUCTS CONTAINED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ON AN ?AS IS? BASIS, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT MAY RINA BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR EXEMPLARY DAMAGES, OR FOR ANY OTHER DAMAGES, OF WHATEVER KIND OR NATURE, ARISING OUT OF THE USE OR PERFORMANCE OF THIS WEBSITE, OR OF ANY INFORMATION, SERVICES OR PRODUCTS CONTAINED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, EVEN IF RINA HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCASION OF SUCH DAMAGES. RINA shall not be responsible for any billing related matters or disputes that may arise between you and any vendor whose products or services you elect to purchase on or through your use of this website, including, but not limited to, the reporting and collection of sales or use tax, the filing of any income, sales or use tax returns, the issuance of credits, credit card returns, etc.... IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THIS WEBSITE. TradeStationZone.com Links TradeStationZone.com references web sites and information located throughout the world. Some of these web sites may contain dangerous computer viruses. It is the user's responsibility to determine what restrictions are applicable at each site and to abide by such restrictions. Furthermore, RINA assumes no responsibility for the content of any site found through TradeStationZone.com, and RINA will not be responsible for any contamination or damage that a user may sustain as a result of entering a site found through TradeStationZone.com. The user proceeds at the user's own risk. Use Of Message Boards, Traders Talk Forum or Discussions This web site contains certain message boards, forums and discussions that are provided as a free service to all users who agree to abide by the Terms and Conditions of Use set forth herein. RINA assumes no responsibility for the accuracy, currency, completeness or usefulness of any of the information, views, opinions or advice contained within any material on any message board, forum or discussion in this web site. In addition, RINA does not endorse any opinions or advice in any material on any message board, forum or discussion in this web site, nor does RINA endorse any opinions or recommendations posted by others. All information posted in or on this web site is the responsibility of the person(s) posting the message(s). Any user who violates the Terms and Conditions of Use listed herein may be permanently barred from posting any messages herein. Further, RINA reserves the right to change these Terms and Conditions of Use at any time and for any reason. You are entirely responsible and liable for any message that you choose to post, or for any message that is posted by any person through your Account. You agree to refrain from the following actions while using all message boards on this web site: 1. harassing, threatening, embarrassing, or causing distress or discomfort to, another person; 2. transmitting any information, data, text, files, links, software, chat, communication or other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable; 3. impersonating any person, including, but not limited to, any RINA employee; 4. posting or transmitting any advertising, promotional materials or other forms of solicitation, including, but not limited to, ?junk mail,? ?spam,? ?chain letters,? or unsolicited mass distribution of E-mail; 5. posting or transmitting third-party copyrighted information, or in any other way infringing upon the intellectual property, contractual or fiduciary rights of others; 6. providing false information on your registration form, or impersonating someone else; and/or 7. violating any applicable local, state, national or international law. You agree that RINA, in its sole discretion, may remove any improper postings by you, or may terminate your Account, if it believes that you may have in any way violated any of the Terms and Conditions of Use contained herein, or any subsequent modifications thereto. Any suspected fraudulent, abusive or illegal activity may be grounds for the termination of your Account and may be referred to appropriate law enforcement authorities. RINA shall not be liable to you or to any third party for the termination of your Account or for any claims arising out of your termination. RINA does not intend to pre-screen, monitor or edit any of the messages posted on its message boards, but RINA reserves the right to do so if it, in its sole and exclusive judgment, it so elects. RINA encourages all users to bring any violations of the Terms and Conditions of Use to RINA's attention, although RINA does not promise or guarantee that any particular action will be taken upon RINA's receipt of any such information. Should you object to any of the Terms and Conditions set forth herein, or to any subsequent modifications thereof, or should you become dissatisfied with this web site or any of the message boards in any way, your only recourse is to immediately: (1) discontinue use of the message boards, forum and discussion; (2) terminate your Account; and (3) notify RINA of such termination by sending an e-mail to info@TradestationZone.com. Any further and continued use of this web site or any of the message boards, forum or discussion constitutes your continued acceptance of the Terms and Conditions of Use and any subsequent changes thereto. Disclaimer Of Warranties For Message Boards, Forum and Discussion YOU EXPRESSLY AGREE THAT USE OF THE MESSAGE BOARDS, FORUM AND DISCUSSION CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK. RINA SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE MESSAGE BOARDS, FORUM AND DISCUSSION. RINA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. RINA MAKES NO WARRANTY THAT ITS MESSAGE BOARDS, FORUM AND DISCUSSION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE MESSAGE BOARDS, FORUM OR DISCUSSION ON THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM FOR ANY LOSS OF DATA THAT MAY RESULT FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL AND/OR DATA. RINA, AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR INJURY RESULTING FROM ANY USE OF THE MESSAGE BOARDS CONTAINED ON ITS WEBSITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PERSON IN RELIANCE UPON ANY CONTENT OF SUCH MESSAGE BOARDS, FORUM OR DISCUSSION. FURTHER, RINA, AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF RINA HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Service E-Mails RINA reserves the right to send any Member service E-mails notifying the Member of operational or other changes that may affect or significantly change the current services offered. Members cannot opt out of such service E-mails because these service E-mails provide information critical for the operation of Members' Accounts. Indemnification You agree to defend and to indemnify, and to hold harmless, RINA, and its officers, directors, owners, agents and employees, from, against and with respect to any and all claims or demands, including reasonable attorneys' fees, made by any person, which claims and demands arise out of any use, by you or by any other person, of the message boards on RINA's website; any violation of these Terms and Conditions; and/or any infringement, by you or by any other person using your computer, of any intellectual property or other rights or property of any other person. RINA reserves the right, at its own cost and expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification provisions. Copyrighted Information The message boards, forum and discussions on RINA's web site may contain material that has been unlawfully copied from another person. Please contact RINA if you believe that someone has posted copyrighted information on a message board, forum or a dicussion contained on this web site. Termination RINA reserves the right to terminate your Account at any time and for any reason, with or without prior notice to you. Once your Account is terminated by RINA, you agree not to post any information on the message boards, or to assist or cause any another person to post any such information thereon on your behalf. Miscellaneous These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, and you agree to submit to the personal jurisdiction of the courts of the State of Ohio. In the event that any portion of these Terms and Conditions is deemed by a court of competent jurisdiction to be invalid, the remaining provisions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the message boards contained on this web site, or your use of this web site, must be filed within one year after the date that such claim or cause of action arose. Operation of this Website This website is hosted and administered by RINA Systems, Inc.. It is not hosted by TradeStation Group, Inc., or by any of TradeStation Group, Inc.'s subsidiaries of affiliates. None of the content on this website has been prepared, reviewed, endorsed, approved or disapproved by TradeStation Group, Inc., or by any of its subsidiaries of affiliates. If you were trying to access the TradeStation Group, Inc., website, please type or click here. Copyrighted and Trademark Notices All of the contents of this web site are Copyright? 2001 RINA Systems, Inc. All rights reserved.
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