Distribution as a Stock Market Tool™
TERMS OF USE PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES - LAST UPDATED APRIL 20, 2009 Charles Gawlak & Associates, LLC. ("we," "us") provides the website www.stockmarketdistribution.com and the Distribution as a Stock Market Tool™ daily newsletter product and service subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement. By using any Charles Gawlak & Associates, LLC Products or visiting the www.stockmarketdistribution.com website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use any Charles Gawlak & Associates, LLC Products. You must be at least 18 years of age to use any Charles Gawlak & Associates, LLC Products. If you are not at least 18 years old, please do not access or use any Charles Gawlak & Associates, LLC Products. This Agreement is made between Charles Gawlak & Associates, LLC and you, the user of any Charles Gawlak & Associates, LLC Products ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change any Charles Gawlak & Associates, LLC Products, including eliminating or discontinuing any content or feature of any of the Charles Gawlak & Associates, LLC Products; or Change any fees or charges for use of any Charles Gawlak & Associates, LLC Products. Any changes we make will be effective seven (10) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via electronic mail. Your use of any Charles Gawlak & Associates, LLC Products after such notice will be deemed acceptance of such changes. Our business changes constantly. These Terms of Use may change also. You should check our web sites frequently to see recent changes. Privacy Policy This policy covers Charles Gawlak & Associates, LLC’s use of personal information that we collect when you use the www.stockmarketdistribution.com website or any of its affiliated sites. From time to time, you will be asked to submit personal information about yourself (e.g. name and email address) in order to receive our products and services. Such products and services may include, but are not limited to newsletters, online web presentations and live chats. By entering your details in the fields requested, you enable Charles Gawlak & Associates, LLC and it's service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. When using your personal information Charles Gawlak & Associates, LLC will act in accordance with current legislation and aim to meet current Internet best practices. Any information you provide to Charles Gawlak & Associates, LLC will only be used within Charles Gawlak & Associates, LLC and by its agents and or service providers. Your information will be disclosed, however, when required by law or we believe in good faith that such action is necessary in order to comply with the law or legal process. Also, if you post or send offensive, inappropriate or objectionable content anywhere on or to www.stockmarketdistribution.com or any of it's affiliate sites, or otherwise engage in any disruptive behavior on aforementioned sites, Charles Gawlak & Associates, LLC can use whatever information that is available to it about you to stop such behavior. This may involve informing relevant third parties such as Internet service providers and law enforcement agencies about the content and your behavior. During the course of any visit to www.stockmarketdistribution.com or any of it's affiliate sites, the pages you see, along with a short text file called a 'cookie', are downloaded to your computer. Many websites do this, because cookies enable website publishers to do useful things like find out whether the computer (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit. Information supplied by cookies can help us to provide you with a better online user experience and assist us to analyze the profile of our visitors. Following registration we employ a registration cookie to recognize a subscriber and his or her access privileges on www.stockmarketdistribution.com or one of our affiliate web sites, as well as to track site usage. Legal Disclaimer Charles Gawlak & Associates, LLC is not a broker/dealer or registered investment advisor under You understand that the material provided in Charles Gawlak & Associates, LLC Products is for informational purposes only, and that no mention of a particular security in any Charles Gawlak & Associates, LLC Product constitutes a recommendation 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. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Charles Gawlak & Associates, LLC Product may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You understand that any Charles Gawlak & Associates, LLC Product may contain opinions from time to time with regard to any securities mentioned in other Charles Gawlak & Associates, LLC Products, and that those opinions may be different from those obtained by using another Charles Gawlak & Associates, LLC Product (such as news). You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In addition, information providers may be subject to certain trading restrictions. However, you understand and agree that at the time of any transaction that you make, one or more information providers or their affiliates may have a position in such securities. You understand that performance data may be supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, reference may be made in marketing materials to prior articles and opinions that have been published on our website. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. Code of Conduct While using any Charles Gawlak & Associates, LLC Product, you agree not to: Restrict or inhibit any other visitor or member from using any Charles Gawlak & Associates, LLC Product, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any Charles Gawlak & Associates, LLC web sites; Use any Charles Gawlak & Associates, LLC Product 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 any Charles Gawlak & Associates, LLC product or web sites; Remove any copyright, trademark, or other proprietary rights notices contained in a Charles Gawlak & Associates, LLC product or web sites; "Frame" or "mirror" any part of Charles Gawlak & Associates, LLC product or web sites 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 any Charles Gawlak & Associates, LLC Product or its contents; Harvest or collect information about visitors to or members of Charles Gawlak & Associates, LLC without their express consent; or Permit anyone without an account or subscription to use any Charles Gawlak & Associates, LLC Product through your subscription, user name or password. While using Charles Gawlak & Associates, LLC Products you agree to comply with all applicable laws, rules and regulations. Membership and Subscription Registration Currently, we do not require users to become members of www.stockmarketdistribution.com in order to have access to free commentary, sample newsletter, analysis and news from our web site. Subscription Fees and Payment Information Current subscription rates and charges our products are available on our website. Generally, payment for your subscription is due in advance of the subscription period you select. We currently charge every 30 days for the monthly subscription rate. Subscription Term The "Subscription Term" for paid subscriptions begins on the date that your payment is confirmed and continues until cancelled by you or by non payment. Subscriptions are based on a monthly period basis of 30 days. If you cancel your subscription, then your subscription ends at the end of the period in which you cancelled. How to Subscribe The Distribution as a Stock Market Tool™ daily newsletter e-mail report is a subscription service and is automatically charged to your credit card monthly. Subscription payments are processed through PayPal. From our website www.stockmarketdistribution.com click on “Subscribe Now”, then click the “Subscribe” button to be redirected to the PayPal website www.paypal.com. PayPal will ask you to “sign in” if you are a member or to create a new account. PayPal also gives the option to pay without creating an account. Cancellation Information You can cancel a subscription up until the day of the next scheduled payment. This cancels all future scheduled payments for that subscription. Your subscription can be cancelled through PayPal or in writing by notifying Charles Gawlak & Associates, LLC: in writing; by email at cgawlak@optonline.net ; by mail at 77 Colonial Road Stamford, CT, 06906; or by telephone at 1-203-653-3488 Follow these instructions to cancel through PayPal. 1. Log in to your PayPal account. 2. Click History under My Account at the top of the page. 3. Choose Subscriptions from the Show drop-down menu. 4. Check the From box and change the date back to the year the subscription was created. 5. Click Search, and then click Details. 6. Click Cancel Subscription. 7. Click Cancel Subscription again. Refund Policies Unless otherwise provided by law, all charges are non-refundable. Termination This Agreement shall remain effective until terminated in accordance with its terms. Charles Gawlak & Associates, LLC may terminate this Agreement, and/or your access to and use of any Charles Gawlak & Associates, LLC Products, 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 whole months remaining on your subscription, to terminate this Agreement without cause. Other Web Site Features Submissions and Postings Please note that, because we may occasionally host forums on our web sites and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting such Materials to any area of our web sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any forum on our web sites shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. Chats Chats are intended to serve as a discussion center for members of Charles Gawlak & Associates, LLC. Information provided in Chats may be provided by our staff, our outside contributors, or by contributors or users not connected with Charles Gawlak & Associates, LLC, some of whom may use anonymous screen names. People may post messages or make statements in Chats that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed in Chats by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained in Chats. The opinions expressed in the Chats are solely the opinions of the participants, and do not reflect the opinions of the Charles Gawlak & Associates, LLC or any of its subsidiaries or affiliates. We have no obligation to monitor Chats, or any other materials that you or other third parties transmit or post on or to our web sites or Chats. However, you acknowledge and agree that we have the right (but not the obligation) to monitor our web sites and the Chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Chat); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate our web sites properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. Other Legal Matters Ownership and Restrictions on Use ©2009 Charles Gawlak & Associates, LLC All rights reserved. Our web sites are owned and operated by us. You may not republish, upload, post, transmit or distribute materials from our web sites 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 any Charles Gawlak & Associates, LLC Product. "Distribution as a Stock Market Tool™" and other marks are trademarks and/or service marks of Charles Gawlak & Associates, LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners. Jurisdictional Issues Our products and services are directed solely to individuals residing in the Links to Other Websites Our products and services may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. 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. Disclaimer of Warranties OUR PRODUCTS AND SERVICES, THE MATERIALS ON OUR WEB SITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR WEB SITES 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, CHARLES GAWLAK & ASSOCATES, LLC, 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 IN OUR PRODUCTS OR ON OUR WEB SITES. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. CHARLES GAWLAK & ASSOCATES, LLC AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF ANY CHARLES GAWLAK & ASSOCATES, LLC PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL CHARLES GAWLAK & ASSOCATES, LLC PRODUCTS OR THE SERVER(S) ON WHICH OUR WEB SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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Additionally, a possibility exists that unauthorized alterations could be made by third parties to our product or web sites. Although we attempt to ensure the integrity of our products, web sites and other products and services, we make no guarantees as to the completeness or correctness of any Charles Gawlak & Associates, LLC Product. In the event that such a situation arises, please contact us at cgawlak@optonline.net or (203) 653-3488, with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. 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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 our web sites 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 any Charles Gawlak & Associates, LLC Product. Miscellaneous This Agreement is governed by and construed in accordance with the laws of the State of -------------------------------------------------------------------------------- Copyright © 2009, Charles Gawlak & Associates, LLC - All Rights Reserved. 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