Terms
Terms of Use
Terms of Use
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE. Maybachfinancial.com ("Maybach," "we," or "us") provides its flagship web site, Maybachfinanical.com, located at HYPERLINK "http://www.Maybachfinanical.com" http://www.Maybachfinanical.com (the "Site"), free of charge to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein.
1. Agreement
By using the Site, you agree to be bound by our Terms of Use (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, we do not consent to provide you with access to the Site, and you should cease your use of it.
2. Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Site, including eliminating or discontinuing any content or feature of the Site; or
Impose fees, charges or other conditions for use of the Site (with reasonable notice).
Any changes we make to the TOU will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on the Site or via email. Your use of the Site after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU, as well as our HYPERLINK "http://www.thestreet.com/tsc/about/privacy.html" Privacy Policy and HYPERLINK "http://www.thestreet.com/tsc/about/disclosure.html" Conflicts and Disclosure Policy may change also. You should check the Site frequently to see recent changes.
3. Important Securities Disclaimer
You understand that the no content published on the Site constitutes a recommendation 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 content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand and agree that, although we do not permit our editorial staff to hold positions in individual stocks, from time to time, outside contributing columnists or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made. In addition, outside contributing columnists may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more contributing columnists or their affiliates may have a position in the securities written about.
You understand that performance data is 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 our marketing materials to prior articles and opinions we have published. 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.
Maybach Financial has been paid $10,000 to conduct research and disseminate information on Raven Biofuels from a third party to the company. Maybach Finanical expects to receive a monthly payment of $10,000 per month for continue research.
Maybach Financial is paid $10,000 to conduct research and disseminate information on ChinaTel Group from a third party to the company. Maybach Finanical expects to receive a monthly payment of $10,000 per month for continue research.
Maybach Financial is paid $10,000 to conduct research and disseminate information on Ameriwest Energy from a third party to the company. Maybach Finanical expects to receive a monthly payment of $10,000 per month for continue research.
Maybach Financial has not been paid to conduct research or to disseminate information on Petro National (OTCBB:PTNL) nor do we own any shares in the company.
Maybach Financial has not been paid to conduct research or to disseminate information on Drayton Harbor Resources (OTCBB:DHBR) nor do we own any shares in the company.
All material listed within www.maybachfinancial.com are based upon information supplied by the company featured or from other sources believed to be reliable. The "Features" are not guaranteed by Maybach to be accurate and should not considered to be all-inclusive. The companies discussed within the site may not have approved the statements made in the features. The accuracy or completeness of the information is not warranted.
The Profiles may contain "forward looking statements" meaning statements that are not purely historical, including any statements regarding beliefs, plans, expectations or intentions regarding the future. Forward looking statements involve risks and uncertainties. A company's actual results could differ materially from those described in any forward looking statements discussed in Profiles. Readers should refer to the Risk Factors contained in the periodic reports of the companies profiled, as well as Risk Factors contained in periodic reports of other reporting issuers who are in similar businesses to the companies featured, as filed on Edgar at www.sec.gov.
All material is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. At any time during or after a Maybach "Feature" the employees, directors, owners and/or affiliates of Maybach may be invested in any of the companies mentioned within www.maybachfinancial.com. Maybach is not a licensed broker, broker dealer, market maker, investment banker, investment advisor, analyst, or underwriter although many of our sources are.
Maybach and its affiliates are not liable for any investment decisions by its readers or subscribers. It is strongly recommended that any purchase or sale decision be discussed with a financial adviser, or a broker-dealer. The information contained herein has been provided as an information service only. It should be understood there is no guarantee that past performance will be indicative of future results, or that comparisons between companies featured and other companies mentioned will turn out to be accurate. Investors are cautioned that they may lose all or a portion
of their investment should they choose to invest in the companies featured.
4. Registration and Privacy
Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.
The Site is directed solely to individuals residing in the United States. We make no representation that materials provided on 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 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.
5. Maybach's Proprietary Rights
The Site and the content contained therein are the property of maybachfinancial.com and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site.
6. User Conduct
You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion 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;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of 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 download, 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 visitors to the Site without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
7. Features and Links to Other Web Sites
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. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
The Site 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.
8. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAYBACH, 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 OUR WEB SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
MAYBACHFINANCIAL.COM 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 OUR WEB SITES, 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 MAYBACH OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us at HYPERLINK "mailto:info@maybachfinanical.com" info@maybachfinanical.com 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. For copyright infringement claims, see the section on "Copyright Infringement" below.
9. Limitation of Liability
NEITHER MAYBACH 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 ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH MAYBACH. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. 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 TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
10. 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 violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.
11. Termination
You understand and agree that maybachfinanical.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
12. 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 maybachfinancial.com, Inc. or one of its subsidiaries infringe your copyright, 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 HYPERLINK "http://www.loc.gov/copyright/" http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to HYPERLINK "mailto:info@maybachfinancial.com" info@maybachfinancial.com. 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.
13. Miscellaneous
The TOU, together with all TSC policies referred to herein, constitutes the entire agreement between you and Maybach relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and Maybach are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You and Maybach agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. 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 the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.
