The following terms and conditions govern all use of the Subvert and Profit Web site and all content, services and products available at or through the Web site (taken together, the Web site). The Web site is owned and operated by Subvert and Profit LLC ("Subvert and Profit"). The Web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Subvert and Profit LLC (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the Web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web site or use any services. If these terms and conditions are considered an offer by Subvert and Profit, acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Subvert and Profit may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Subvert and Profit liability. You must immediately notify Subvert and Profit of any unauthorized uses of your account or any other breaches of security. Subvert and Profit will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Subvert and Profit for inclusion on the Web site, you grant Subvert and Profit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Subvert and Profit. If you delete Content, Subvert and Profit will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Subvert and Profit has the right (though not the obligation) to, in Subvert and Profit's sole discretion (i) refuse or remove any content that, in Subvert and Profit's reasonable opinion, violates any Subvert and Profit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Subvert and Profit's sole discretion. Subvert and Profit will have no obligation to provide a refund of any amounts previously paid.
Subvert and Profit may charge fees for Services that it provides, upon acceptance by you. Your payment of such fees does not constitute an obligation to Subvert and Profit to provide any service whatsoever, under any circumstances. Subvert and Profit provides Services for a fee in good faith, but without any binding agreement to do so. Subvert and Profit reserves the right to change any fee for any of the Services at any time prior to acceptance of said fee by you. Subvert and Profit charges fees through a third-party transaction service, and is not responsible for any damage or cost associated with the use of this service by you.
Subvert and Profit shall refund within 30 days any fee charged for a service that is not provided within the time specified for the particular Service at time of payment. If a service is partially rendered, you will receive a partial refund.
Subvert and Profit may make payments to you for services rendered by you. Such payments are not guaranteed under any circumstances. Subvert and Profit makes payments for your services in good faith, but without any binding agreement to do so. Subvert and Profit makes payments through a third-party transaction service, and is not responsible for any damage or cost associated with the use of this service by you. You alone are responsible for maintaining accurate contact and payment information with Subvert and Profit. This may include relevant tax information and forms such as a valid W-9. If tax information is required of you, Subvert and Profit will notify you.
All payments and fees will be made into and out of your stored-value account on the Site. By registering for the Site you consent to the creation of this account. You may add funds to the balance of your account in any amount greater than US$50, or withdraw funds to the balance of your account in any amount greater than US$10. Such transfers shall be free of charge from Subvert and Profit, but may be subject to a fee by the third-party transaction service.
Subvert and Profit has not reviewed, and cannot review, all of the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material's content, use or effects. By operating the Web site, Subvert and Profit does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Subvert and Profit disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web sites and Web pages to which Subvert and Profit links, and that link to Subvert and Profit. Subvert and Profit does not have any control over those non-Subvert and Profit Web sites and Web pages, and is not responsible for their contents or their use. By linking to a non-Subvert and Profit Web site or Web page, Subvert and Profit does not represent or imply that it endorses such Web site or Web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Subvert and Profit disclaims any responsibility for any harm resulting from your use of non-Subvert and Profit Web sites and Web pages.
As Subvert and Profit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Subvert and Profit violates your copyright, you are encouraged to notify Subvert and Profit in accordance with Subvert and Profit's Digital Millennium Copyright Act ("DMCA") Policy. Subvert and Profit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Subvert and Profit or others, Subvert and Profit may, in its discretion, terminate or deny access to and use of the Web site. In the case of such termination, Subvert and Profit will have no obligation to provide a refund of any amounts previously paid to Subvert and Profit.
This Agreement does not transfer from Subvert and Profit to you any Subvert and Profit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Subvert and Profit. Subvert and Profit and all other trademarks, service marks, graphics and logos used in connection with Subvert and Profit, or the Web site are trademarks or registered trademarks of Subvert and Profit or Subvert and Profit's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Subvert and Profit or third-party trademarks.
Subvert and Profit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Subvert and Profit may also, in the future, offer new services and/or features through the Web site (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Subvert and Profit may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Subvert and Profit if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Subvert and Profit's notice to you thereof; provided that, Subvert and Profit can terminate the Web site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Web site is provided "as is." Subvert and Profit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Subvert and Profit nor its suppliers and licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
Content provided by the site is not meant to be the primary means for making investment or trading decisions. Subvert and Profit shall not be responsible or liable for the accuracy, usefulness, or availability of said Content nor for the investment or trading decisions made based on said Content.
In no event will Subvert and Profit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) interruption of use or loss or corruption of data. Subvert and Profit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Web site will be in strict accordance with the Subvert and Profit Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Web site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Subvert and Profit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Web site, including but not limited to out of your violation of this Agreement.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Subvert and Profit in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Subvert and Profit shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Subvert and Profit's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms is not assignable, transferable or sub-licensable by you except with Subvert and Profit's prior written consent. Subvert and Profit may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the state of Maryland, as if made within Maryland between two residents thereof, and the parties submit to the exclusive jurisdiction of the Maryland Superior Court. Notwithstanding the foregoing sentence, (but without limiting Subvert and Profit's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to a neutral arbitrator of our selection. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Maryland using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.