Argent Enterprises
Inc. Service Agreement
Last Updated:
January 2008
THANK YOU FOR CHOOSING
ARGENT ENTERPRISES INC.!
1. What the Contract
Covers.
This is a contract
between you and the Argent Enterprises Inc. company referenced in section
26. Sometimes the Argent Enterprises Inc. company referenced in section
26 is referred to as "Argent Enterprises Inc.," "we,"
"us" or "our". This contract applies to any services,
including updates, that you use while this contract is in force. All
of the software or services are referred to in this contract as the
"service."
Please note that
we do not provide warranties for the service. The contract also limits
our liability. These terms are in sections 17 and 18, and we ask you
to read them carefully.
2. When You May
Use the Service.
You may start using
the service as soon as you have finished the sign-up process. No withdrawal
right or other "cooling off" period applies to the service
and you waive any applicable "cooling off" period, except
if the law requires a "cooling off" period despite your waiver
and even when a service starts right away.
3. How You May Use
the Service.
In using the service,
you will:
- obey the
law;
- obey any
codes of conduct or other notices we provide;
- obey the
Argent Enterprises Inc. Anti-spam Policy, which is available at http://valuestocktrade.com/privacy
- keep your
service account password secret; and
- promptly
notify us if you learn of a security breach related to the service.
4. How You May Not
Use the Service.
In using the service,
you may not:
- use the
service in a way that harms us or our affiliates, resellers, distributors,
and/or vendors (collectively, the "Argent Enterprises Inc. parties"),
or any customer of a Argent Enterprises Inc. party;
- engage in,
facilitate, or further unlawful conduct;
- use any
portion of the service as a destination linked from any unsolicited
bulk messages or unsolicited commercial messages ("spam");
- use any
unauthorized third party software or service to access the Argent Enterprises
Inc. instant messaging network (currently known as the .NET Messenger
Service);
- use any
automated process or service to access and/or use the service (such
as a BOT, a spider, periodic caching of information stored by Argent
Enterprises Inc., or "meta-searching");
- use any
unauthorized means to modify or reroute, or attempt to modify or reroute,
the service;
- damage,
disable, overburden, or impair the service (or the network(s) connected
to the service) or interfere with anyone's use and enjoyment of the
service; or
- resell or
redistribute the service, or any part of the service.
5. You Are Responsible
For Your Service Account.
Only you may use your
service account. For some parts of the service, we may notify you that
you may set up additional member accounts that are dependent on your
account (an "associated account"). You are responsible for
all activity that takes place with your service account or an associated
account. You may not authorize any third party to access and/or use
the service on your behalf.
6. If You Are an
Associated Account User.
If you are the user
of an associated account, then the holder of the service account has
full control over your associated account. This control includes the
right to end the service, close or alter your associated account at
any time, and, in some cases, to request and receive machine and service
use information related to your associated account.
7. If You Pay Argent
Enterprises Inc..
7.1 Charges.
This section 7 applies in all situations in which you directly pay us.
If you pay a company other than us for the service, then the charges
and billing terms are as stated by the other company. Even if you do
not pay for the service, you may still incur charges incidental to using
the service; for example, charges for Internet access, mobile text messaging,
or other data transmission.
7.2 Payment.
When you create a billing account, you enter your payment method. You
must be authorized to use the payment method. You authorize us to charge
you for the service using your payment method and for any paid feature
of the service for which you choose to sign-up or use while this contract
is in force. You will pay service charges in advance. We may charge
you a different amount than what you approved. If it is a greater amount,
we will tell you the amount and the date of the charge at least 10 days
before we make the charge. Also, we may charge you up to the amount
you have approved, and notify you in advance of the difference. We may
bill you for more than one of your prior billing periods together. If
we informed you that the service will be provided indefinitely or automatically
renewed, we may automatically renew your service and charge you for
any renewal term.
7.3 Trial Period
Offers. You may have received a limited time of free service or
some other trial period offer. Unless we notify you otherwise, if you
are participating in any trial period offer, you must cancel the service
by the end of the trial period to avoid incurring charges. If you do
not cancel your service, and we have informed you that the service will
automatically be converted into a paid subscription at the end of the
trial period, then you authorize us to charge your payment method for
the service.
7.4 Prices and Price
Increases. The price for the service excludes all taxes and phone
charges, unless stated otherwise. You are responsible for any taxes
that you are obligated to pay or that we may collect from you. You are
responsible for all other charges (for example, phone charges). Currency
exchange settlements are based on your agreement with your payment method
provider. We may change the price of the service from time to time,
but we will tell you before we do.
- If there
is a specific time length and price for your service offer, then that
price will remain in force for that time. After the offer period ends,
your use of the service will be charged at the new price.
- If your
service is on a period basis (for example, monthly), with no specific
time length, then we will tell you the date of any price change. That
date will be not less than 30 days after we tell you of the price change.
If you do not agree
to these changes, then you must cancel and stop using the service before
the changes take place. If you cancel your service, then your service
ends at the end of your current service time length or, if we bill your
account on a period basis, at the end of the period in which you cancelled.
7.5 Refund Policies.
Unless otherwise provided by law or in connection with any particular
service offer, all charges are non-refundable, and the costs of any
returns will be at your expense.
7.6 Online Statement;
Errors. We will provide you with an online billing statement at
the time of our purchase. This is the only billing statement that we
provide. You release us from all liability and claims of loss resulting
from any error that you do not report to us within 120 days after the
error first appears on your online statement. If you do not tell
us within this time, we will not be required to correct the error. We
can correct billing errors at any time.
7.7 Canceling the
Service. You may cancel the service at any time, with or without
cause. Please email info@valuestocktrade.com to
obtain information on canceling your service. Certain service offers
may require cancellation charges, and you will pay all cancellation
charges as specified in the materials describing the offer. Cancellation
of the service by you will not alter your obligation to pay all charges
made to your billing account.
7.8 Late Payments.
Except to the extent prohibited by law, we may assess a late charge
if you do not pay on time. You must pay these late charges when we bill
you for them. The late charge will be the lesser of 1% of the unpaid
amount each month or the maximum rate that is permitted by law. We may
use a third party to collect past due amounts. You must pay for all
reasonable costs we incur to collect any past due amounts. These costs
may include reasonable attorneys' fees and other legal fees and costs.
We may suspend or cancel your service if you fail to pay in full on
time.
7.9 Payments to
You. Your right to any payment due you under a service is conditioned
upon you promptly providing us with all information we require to properly
make the payment (for example, bank account information for receiving
the payment). We will use reasonable efforts to tell you what information
we require in advance of your use of the applicable service. Even if
we do not tell you in advance, you must provide us the information we
request before your right to receive the payment accrues. You are responsible
for the accuracy of the information you provide and any taxes you may
incur as a result of receiving a payment. You must also comply with
any other conditions we place on your right to any payment. If you
receive a payment that was not due to you, we may reverse or seek return
of the payment and you agree to cooperate with us in our efforts to
do this.
8. Your Materials.
You may be able to
submit materials for use in connection with the service. Except for
material that we license to you, we do not claim ownership of the materials
you post or otherwise provide to us related to the service (called a
"submission"). However, by posting or otherwise providing
your submission, you are granting to the public free permission to:
- use, copy,
distribute, display, publish and modify your submission, each in connection
with the service;
- publish
your name in connection with your submission; and
- grant these
permissions to other persons.
This section only applies
to legally permissible content and only to the extent that use and publishing
of the legally permissible content does not breach the law. We will
not pay you for your submission. We may refuse to publish, and may remove
your submission from the service at any time. For every submission you
make, you must have all rights necessary for you to grant the permissions
in this section.
9. Privacy.
In order to operate
and provide the service, we collect certain information about you. We
use and protect that information as described in the http://www.valuestocktrade.com/privacy. In
particular, we may access or disclose information about you, including
the content of your communications, in order to: (a) comply with the
law or respond to lawful requests or legal process; (b) protect the
rights or property of Argent Enterprises Inc. or our customers, including
the enforcement of our agreements or policies governing your use of
the service; or (c) act on a good faith belief that such access or disclosure
is necessary to protect the personal safety of Argent Enterprises Inc.
employees, customers or the public.
We may use technology
or other means to protect the service, protect our customers, or stop
you from breaching this contract. These means may include, for example,
filtering to stop spam or increase security. These means may hinder
or break your use of the service.
In order to provide
you the service, we may collect certain information about service performance,
your machine and your service use. We may automatically upload this
information from your machine. This data will not personally identify
you. You may read about this information collection in more detail in
the privacy policy at http://www.valuestocktrade.com/privacy.
10. Software.
If you receive software
from us as part of the service, your use of that software is under the
terms of the license that is presented to you for acceptance for that
software. If there is no license presented to you, or unless otherwise
stated in this contract, then we grant you the right to use the software
only for the authorized use of the service on that number of computers
stated in your service offer. We reserve all other rights to the software.
We may automatically
check your version of the software. We may automatically download upgrades
to the software to your computer to update, enhance and further develop
the service.
Unless we notify you
otherwise, your license to use the software will end on the date your
service ends, and you must promptly uninstall the software. We may disable
the software after the date the service ends.
You will not disassemble,
decompile, or reverse engineer any software included in the service,
except and only to the extent that the law expressly permits this activity.
The software is subject
to United States export laws and regulations. You must comply with all
domestic and international export laws and regulations that apply to
the software. These laws include restrictions on destinations, end users
and end use.
11. Font Components.
You may use the fonts
installed by the service to display and print content. You may only
- embed fonts
in content as permitted by the embedding restrictions in the fonts;
and
- temporarily
download them to a printer or other output device to print content.
- License
Term.
- Paid Subscriptions.
The "Subscription Term" for paid subscriptions begins on the
date that you activate the software and ends on the date corresponding
to the number of subscription months that you have purchased (e.g.,
12, 24 or 36 months). You must renew your subscription to continue receiving
subscription services. Renewals may require additional or different
license terms.
- Trial Use.
The "Trial Period" for trial use begins on the date that you
install the software and ends on the date corresponding to the length
of the trial offer (e.g., 90 days later).
- Updates.
The service requires updates to work effectively. Updates are only available
for download and use during your Subscription Term or Trial Period.
Updates may also require additional contract terms that must be accepted
before download and use.
- Technical
Support. During the Subscription Term, paid subscribers are entitled
to technical support, which may include web-based content, online chat,
email and telephone-based technical support.
13. Argent Enterprises
Inc. Authentication Network.
We may provide you
with credentials on our authentication network to use with the service.
You are solely responsible for any dealings with third parties (including
advertisers) who use our authentication network, including the delivery
of and payment for goods. This contract applies to you whenever you
use the credentials you obtained with the service. When you use our
authentication network to gain access to any site, the terms and conditions
for that site, if different from this contract, may also apply to you
in your use of that site. Please refer to the terms of use for each
site that you visit. We may cancel or suspend your access to our authentication
network for inactivity, which we define as failing to sign in to our
authentication network for an extended period, as determined by us.
If we cancel your credentials, your right to use our authentication
network immediately ceases.
15. Requirements
For Placing Advertisements.
You may be able to
place advertisements in or through the service. We have no obligation
to display any part of the advertising content. With respect to any
advertising content you provide, you promise that:
- all advertising
content is accurate, complete and current;
- you have
all necessary rights, power and authority to publish the advertising
content;
- the advertising
content, and any web site listed or linked to from the advertising content:
- complies
with all applicable laws and regulations;
- does not
infringe, misappropriate or otherwise violate any copyright, patent,
trademark, service mark, trade secret or other intellectual property
right of any third party;
- does not
breach the rights of any person or entity, including rights of publicity
or privacy, and is not defamatory; and
- does not
result in consumer fraud (including being false or misleading), product
liability, tort, breach of contract, injury, damage or harm of any kind
to any person or entity.
- you possess
documents substantiating all claims, express and implied, contained
within the advertising content.
16. How We May Change
the Contract.
If we change this contract,
then we will tell you at least 30 days before the change takes place.
If you do not agree to these changes, then you must cancel and stop
using the service before the change takes place. If you do not stop
using the service, then your use of the service will continue under
the changed contract.
17. WE MAKE NO WARRANTY.
We provide the service
"as-is," "with all faults" and "as available."
We do not guarantee the accuracy or timeliness of information available
from the service. The Argent Enterprises Inc. parties give no express
warranties, guarantees or conditions. You may have additional consumer
rights under your local laws that this contract cannot change. We exclude
any implied warranties including those of merchantability, fitness for
a particular purpose, workmanlike effort and non-infringement.
18. LIABILITY LIMITATION.
You can recover
from the Argent Enterprises Inc. parties only direct damages up to an
amount equal to your service fee for one month. You cannot recover any
other damages, including consequential, lost profits, special, indirect,
incidental or punitive damages.
This limitation applies
to anything related to:
- the service,
- content
(including code) on third party Internet sites, third party programs
or third party conduct,
- viruses
or other disabling features that affect your access to or use of the
service,
- incompatibility
between the service and other services, software and hardware,
- delays or
failures you may have in initiating, conducting or completing any transmissions
or transactions in connection with the service in an accurate or timely
manner, and
- claims for
breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort.
It also applies even
if:
- this remedy
does not fully compensate you for any losses, or fails of its essential
purpose; or
- Argent Enterprises
Inc. knew or should have known about the possibility of the damages.
Some states do not
allow the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you. They also
may not apply to you because your province or country may not allow
the exclusion or limitation of incidental, consequential or other damages.
19. Changes to the
Service; If We Cancel the Service.
We may change the
service or delete features at any time and for any reason. We may
cancel or suspend your service at any time. Our cancellation or suspension
may be without cause and/or without notice. Upon service cancellation,
your right to use the service stops right away. Once the service
is cancelled or suspended, any data you have stored on the service may
not be retrieved later. Our cancellation of the service will not
alter your obligation to pay all charges made to your billing account.
If we cancel the service in its entirety without cause, then we will
refund to you on a pro-rata basis the amount of payments that you have
made corresponding to the portion of your service remaining right before
the cancellation.
20. Interpreting
the Contract.
All parts of this
contract apply to the maximum extent permitted by law. A court may
hold that we cannot enforce a part of this contract as written. If this
happens, then you and we will replace that part with terms that most
closely match the intent of the part that we cannot enforce. The rest
of this contract will not change. This is the entire contract between
you and us regarding your use of the service. It supersedes any prior
contract or statements regarding your use of the service. If you have
confidentiality obligations related to the service, those obligations
remain in force (for example, you may have been a beta tester). The
section titles in the contract do not limit the other terms of this
contract.
21. Assignment.
We may assign this
contract, in whole or in part, at any time with or without notice to
you. You may not assign this contract, or any part of it, to any other
person. Any attempt by you to do so is void. You may not transfer to
anyone else, either temporarily or permanently, any rights to use the
service or any part of the service.
22. No Third Party
Beneficiaries.
This contract is solely
for your and our benefit. It is not for the benefit of any other person,
except for permitted successors and assigns under this contract.
23. Claim Must Be
Filed Within One Year.
Any claim related
to this contract or the service may not be brought unless brought within
one year. The one-year period begins on the date when the claim first
could be filed. If it is not filed in time, then that claim is permanently
barred. This applies to you and your successors. It also applies to
us and our successors and assigns.
24. Your Notices
to Us.
You may notify us via
e-mail notices.
25. Notices We Send
You; Consent Regarding Electronic Information.
This contract is in
electronic form. We have promised to send you certain information in
connection with the service and have the right to send you certain additional
information. There may be other information regarding the service that
the law requires us to send you. We may send you this information in
electronic form. You have the right to withdraw this consent, but if
you do, we may cancel your service. We may provide required information
to you:
- by e-mail
at the e-mail address you specified when you signed up for your service;
- by access
to a Argent Enterprises Inc. web site that will be designated in an
e-mail notice sent to you at the time the information is available;
or
- by access
to a Argent Enterprises Inc. web site that will be generally designated
in advance for this purpose.
Notices provided
to you via e-mail will be deemed given and received on the transmission
date of the e-mail. As long as you can access and use the service,
you have the necessary software and hardware to receive these notices.
If you do not consent to receive any notices electronically, you must
stop using the service.
26. Contracting
Party, Choice of Law and Location for Resolving Disputes.
This contract
is between you and the Argent Enterprises Inc. company for your country
or region. In this section, find the country or region where you live
(if you are signing up for the service as an individual person) or your
business is located (if you are signing up for services for your business)
in the subsections below, and in that subsection you will find the Argent
Enterprises Inc. company that is contracting with you and the choice
of law and the location for resolving disputes with the Argent Enterprises
Inc. company.
- North
and South America Region. If you live or your business is headquartered
in Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia,
Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada,
Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto
Rico, United States, Uruguay, or Venezuela, then you are contracting
with Argent Enterprises Inc. 3340 Applecross Lane Cumming, GA 30041,
United States, and Georgia state law governs the interpretation of this
contract and applies to claims for breach of it, regardless of conflict
of laws principles. All other claims, including claims regarding consumer
protection laws, unfair competition laws, and in tort, will be subject
to the laws of your state of residence in the United States, or if you
live outside the United States, the laws of the country to which we
direct your service. You and we irrevocably consent to the exclusive
jurisdiction and venue of the state or federal courts in Forsyth County,
Georgia, USA for all disputes arising out of or relating to this contract.
NOTICES
Notices and Procedure
for Making Claims of Copyright Infringement
Under Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to service provider's designated agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Copyright and Trademark
Notices
All contents of the
service are Copyright © 2008 Argent Enterprises Inc. Corporation and/or
its suppliers, Argent Enterprises Inc. 3340 Applecross Lane Cumming,
GA 30041, United States All rights reserved. Copyright and other intellectual
property laws and treaties protect any software or content provided
as part of the service. We or our suppliers own the title, copyright,
and other intellectual property rights in the software or content. Argent
Enterprises Inc., and/or other Argent Enterprises Inc. products and
services referenced herein may also be either trademarks or registered
trademarks of Argent Enterprises Inc. in the United States and/or other
countries. The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. The example companies,
organizations, products, domain names, e-mail addresses, logos, people,
places and events depicted herein are fictitious. No association with
any real company, organization, product, domain name, e-mail address,
logo, person, places or events is intended or should be inferred. Any
rights not expressly granted herein are reserved.
Potentially Unwanted
Software
If you remove or disable
"spyware," "adware" and other potentially unwanted
software ("potentially unwanted software"), it may cause other
software on your computer to stop working, and it may cause you to breach
a license to use other software on your computer (such as where the
other software installed the potentially unwanted software on your computer
as a condition of your use of the other software). By using features
of the service intended to help you remove or disable potentially unwanted
software, it is possible that you will also remove or disable software
that is not potentially unwanted software. If a feature of the service
prompts you before removing or disabling potentially unwanted software,
you are solely responsible for selecting which potentially unwanted
software the service removes or disables. Before authorizing the removal
of any potentially unwanted software, you should read the license agreements
for the potentially unwanted software.
Stock Quotes and
E-mail Alerts
Stock quotes appearing
on the service are supplied by S&P ComStock, Inc. ("ComStock").Unless
otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ
stock quotes are delayed at least 15 minutes). Stock quotes indicated
as "real-time quotes" are made available without delay following
their receipt from ComStock. Your actual receipt of real-time quotes
may be affected by delays in transmission over the Internet, and by
other causes. All stock quotes are labeled with "time of last trade"
to indicate the timeliness of the data.
All information provided
by ComStock and its affiliates (the "ComStock Information")
included in the service is owned by or licensed to ComStock and its
affiliates and any user is permitted to store, manipulate, analyze,
reformat, print and display the ComStock Information only for such user's
personal use. In no event shall any user publish, retransmit, redistribute
or otherwise reproduce any ComStock Information in any format to anyone,
and no user shall use any ComStock Information in or in connection with
any business or commercial enterprise, including, without limitation,
any securities, investment, accounting, banking, legal or media business
or enterprise. Prior to the execution of a security trade based upon
the ComStock Information, you are advised to consult with your broker
or other financial representative to verify pricing information. Neither
ComStock nor its affiliates make any express or implied warranties (including,
without limitation, any warranty or merchantability or fitness for a
particular purpose or use) regarding the ComStock Information. The ComStock
Information is provided to the users "as is." Neither ComStock
nor its affiliates will be liable to any user or anyone else for any
interruption, inaccuracy, error or omission, regardless of cause, in
the ComStock Information or for any damages (whether direct or indirect,
consequential, punitive or exemplary) resulting therefrom.
Third Party Account
Information
By using the "My
Accounts" service through the service, you authorize Argent Enterprises
Inc. and its agents to access third party sites designated by you or
on your behalf, to retrieve information requested by you, and you appoint
Argent Enterprises Inc. and its agents as your agent for this limited
purpose. Each time you enter your account login information, you are
permitting Argent Enterprises Inc. and its agents to process your request
and use information submitted by you to accomplish the foregoing. You
will choose a password when registering.
Financial Notice
Argent Enterprises
Inc. is not a broker/dealer or registered investment advisor under United
States federal securities law or securities laws of other jurisdictions,
and does not advise individuals as to the advisability of investing
in, purchasing or selling securities or other financial products or
services. Nothing contained in the service constitute an offer or solicitation
to buy or sell any security. Argent Enterprises Inc. does not endorse
or recommend any particular financial products or services. Nothing
contained in the service is intended to constitute professional advice,
including but not limited to, investment or tax advice.
Respect Copyright
Please respect the
rights of artists and creators. Content such as music, photos and video
may be protected by copyright. People appearing in content may have
a right to control use of their image. You may not share other people's
content unless you own the rights or have permission from the owner.
Support
Customer support is
not offered for the service, unless provided otherwise in this contract
or the materials we publish in connection with a particular service
specify that it includes customer support.