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Term Of Use & Disclaimer
 
 

 

Term Of Use & Disclaimer

Term of Use and Legal Agreement

FIRST ASIA INVESTOR TERMS OF USE AGREEMENT & DISCLAIMER

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

Last revised: October, 2002

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

The First Asia Investor, EEIC Corporation,  ("we" "us", "First Asia Investor") provides the website known as First Asia Investor, as well as all services related to the website ("the Site"), including various newsletters ("Newsletters")  subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site or Newsletters, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between First Asia Investor and you, the user and/or member of the Site ("you").  We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

First Asia Investor is a publisher.  We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority.  The material provided on the Site is for general informational purposes only.  No information on the Site is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund.  The information on the Site or in the newsletter's should not be relied upon for purposes of transacting securities or other investments.  We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source.  You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.  Any sale or purchase of securities or ownership interest that results from information presented on the Site will be on a negotiated basis between the parties without any additional participation by or remuneration to First Asia Investor.

Privacy.

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct.  While using the Site you agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
  • Frame" or "mirror" any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about Site visitors or members without their express consent; or
  • Permit anyone else whose account or subscription was terminated to use the Site through your subscription, username or password.

    While using the Site you agree to comply with all applicable laws, rules and regulations.

Registration for Subscription Sites.  To have unlimited access to First Asia Investor, you must be or become a member.  When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

You agree not to transfer or resell your use of or access to First Asia Investor to any third party.  If you are a First Asia Investor  and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing us at Security-alert@FirstAsiaInvestor

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Payment and Renewal. Current subscription rates and charges for The First Asia Investor Newsletter are available by email at Webmaster@First Asia Investor,  subscription pages.  Payment for your subscription is due in advance of the subscription period you select.  Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription.  The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins.

You agree to pay all fees and charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred.  You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Cancellation.  You may cancel your subscription to any Newsletter by notifying our Customer Service Department at Cancel@First Asia Investor.  Cancellation will take effect no later than 10 business days after we receive your notification.  Monthly subscriptions will not be reimbursed or refunded.  Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.

How to Access or Modify Your Trial Membership Information.
First Asia Investor offers Trial Members the opportunity to access or modify information provided during registration.  To access or modify this information, or to unsubscribe from one of our free reports like The First Asia Investor Newsletter Weekly, please contact: Cancel@FirstAsiaInvestor.com

Termination.  This Agreement shall remain effective until terminated in accordance with its terms.  First Asia Investor may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any monies that may be due according to the cancellation policy as defined on the Site, to terminate this Agreement without cause.

Services and Tools.  Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the Service.  By using any Service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them.  Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.

Sweepstakes, Contests, and Games.  Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules.  By entering such sweepstakes or contests or participating in such games you will become subject to those rules.

Claims of Copyright Infringement.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.  If you believe in good faith that materials hosted by First Asia Investor or one of its subsidiaries infringe your copyright (for example, materials posted to a Message Board), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  Notices and counter-notices with respect to the Site should be sent to Webmaster@First Asia Investor.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use.  ©2002-2004 First Asia Investor.  All Rights Reserved.  The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements.  You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use.  You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission.  Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the Site.

"First Asia Investor",  tag line and logo are all trademarks and/or service marks of First Asia Investor.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

Jurisdictional Issues.  The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations.  Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.  We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites.  The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites.  You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

DISCLAIMERS.  The Site, the materials on the Site, and any products, newsletters or services obtained or accessed through the Site are provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, First Asia Investor, its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on the Site.  Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  First Asia Investor and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site or the server(s) on which the Site is hosted are free of viruses or other harmful components.  You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto.  You assume total responsibility and risk for your use of the Site and your reliance thereon.  No opinion, advice, or statement of First Asia Investor or its affiliates, suppliers, agents, members, or visitors, whether made on the Site or otherwise, shall create any warranty.  Your use of the Site and any materials provided through the Site is entirely at your own risk.

INFORMATION PRESENTED ON THIS SITE OR NEWSLETTER'S IS GENERAL INFORMATION THAT DOES NOT TAKE INTO ACCOUNT YOUR INDIVIDUAL CIRCUMSTANCES, FINANCIAL SITUATION OR NEEDS, NOR DOES IT PRESENT A PERSONALIZED RECOMMENDATION TO YOU. INDIVIDUAL STOCKS, FUNDS AND OR PROFOLIO'S PRESENTED MAY NOT BE SUITABLE FOR YOU.
 

The material provided in products and services offered by First Asia InvestorTM or FirstAsiaInvestor.com ("First Asia Investor") is for informational purposes only, and no mention of a particular security/fund and or model portfolio in any product or service constitutes a recommendation, solicitation or investment advice by First Asia Investor or any contributor to any First Asia Investor product, newsletter or service to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. None of the contributors or their affiliates will provide you with personally tailored advice concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
 

A possibility exists that the Site/Newsletter's could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above).  Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site.  Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness.  In the event that such a situation arises, please contact us at Webmaster@FirstAsiaInvestor.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.  We will try to address your concerns as soon as reasonably practicable.  For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.

Limitation of Liability.  Neither First Asia Investor, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site.  The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site.

Indemnification.  You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.

Miscellaneous.  This Agreement is governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without regards to its principles of conflicts of law.  You agree to personal jurisdiction by the federal and state courts located in Middlesex County, Massachusetts, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  If any provision of this Agreement is found to 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.  This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  This, together with all First Asia Investor policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT

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Copyright 2002
First Asia Investor
All rights reserved

LEGAL TERMS/DISCLAIMER:
First Asia Investor, is not a registered investment advisor, broker/dealer, or research analyst/organization.

Readers are advised that the commentary and reports on its website and in its newsletters are issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and analyses included herein are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED IN First Asia Investor’s NEWSLETTER OR WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.
Readers are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report should be independently verified with the companies mentioned. Neither First Asia Investor, nor its officers, directors, partners, contributors or employees/consultants, accept any liability whatsoever for any direct or consequential loss arising from any use of information on this website or any use of information in its newsletters.

First Asia Investor, and its officers, directors, partners, contributors or employees/consultants may on occasion hold positions in the securities mentioned in its website and in its newsletters.  Please note that First Asia Investor does not receive compensation of any kind and will never take any compensation from any companies that it mentions on its website and in its newsletters.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE and PRIVACY AGREEMENT

         
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