Gemxwave offers its Service, as described on the Gemxwave website (www.Gemxwave.com)
and as published within the Service for monthly fees (the "Fees")
which you will pay to Gemxwave by authorized credit card. The Fees
applicable for the Service are available at www.Gemxwave.com and as
published within the Service. Gemxwave reserves the right to change
the Fees or applicable charges and to institute new charges at any
time, upon thirty (30) days prior notice to you (which may be sent
by email). Your authorized credit card will automatically be charged
Fees on the day you sign up for the Service or the expiration of the
initial trial period, if any, whichever is later, with the amount of
Fees pro rated for the number of days remaining in that calendar month.
Thereafter, the Fees will automatically be charged to your authorized
credit card, in advance, on the 1st day of the month that the Service
is provided. In the event you cancel the Service, Gemxwave will not
refund any Fees already paid by you.
Gemxwave grants you a personal, non-exclusive, non-transferable
license to use the products and software contained in or made available
through the Service (the "Content") solely for your own
internal purposes. All rights not expressly granted by Gemxwave
to you are retained.
You are permitted to store, manipulate, analyze, reformat, print,
and display the Content only for your personal use. Unauthorized
use of the Service, or the resale of the Services without Gemxwave's
prior written consent, is expressly prohibited. You shall not copy,
license, sell, transfer, transmit, make available, distribute,
publish, or assign this license or the Content in any format to
any third party.
Third Party Interaction.
In your use of the Service, you may enter into correspondence
with, purchase goods and/or services, or participate in promotions
of advertisers or sponsors showing their goods and/or services
through the Service. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is
solely between you and the applicable third-party. Gemxwave shall
have no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third-party.
Links to Third Party Sites.
Gemxwave does not endorse any sites on the Internet that are linked
through the Service. Gemxwave is providing these links to you only
as a matter of convenience, and in no event shall Gemxwave be responsible
for any content, products, or other materials on or available from
A user account is required to access the Service and may be accessed
and used only by those authorized individuals who are registered
with Gemxwave. To open a user account, you or your company must
complete the registration process by providing Gemxwave with current,
complete and accurate information as prompted by the registration
form. In registering for the Service, you agree to submit accurate,
current and complete information about you and promptly update
such information. Should Gemxwave suspect that such information
is untrue, inaccurate, not current or incomplete, Gemxwave has
the right to suspend or terminate your usage of the Service. You
will choose a personal, non-transferable password. User accounts
cannot be "shared" or used by more than one individual.
You are also solely responsible for any and all activities that
occur under your account and ensuring that you exit or log-off
from your account at the end of each session of use. You shall
notify Gemxwave immediately of any unauthorized use of your password
or account or any other breach of security that is known or suspected
by you. You shall also use your best efforts to stop immediately
any copying or distribution of Content that is known or suspected
by you. Gemxwave shall not be responsible for any unauthorized
access to, or alteration of, your transmissions or data, any material,
information or data sent or received, regardless of whether the
data is actually received by Gemxwave, or any transactions entered
into through the Service or failure to abide by this Agreement.
DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E.
BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Account Information and Data.
Gemxwave will not monitor, edit, or disclose any information regarding
you or your account, including any Data, without your prior permission
except in accordance with this Agreement. Please be aware that
Gemxwave does provide certain user registration and statistical
information such as usage or user traffic patterns in aggregate
form to third parties but such information will not include personally
identifying information and that your Internet protocol address
is not transmitted with each message sent from your Gemxwave account.
Gemxwave may access your account, to respond to service or technical
problems or as stated in this Agreement.
Payment of Fees.
Gemxwave offers its Service, as described on the Gemxwave website
(www.Gemxwave.com) and as published within the Service for monthly
fees (the "Fees") which you will pay to Gemxwave by authorized
credit card. The Fees applicable for the Service are available
at www.Gemxwave.com and as published within the Service. Gemxwave
reserves the right to change the Fees or applicable charges and
to institute new charges at any time, upon thirty (30) days prior
notice to you (which may be sent by email). Your authorized credit
card will automatically be charged Fees on the day you sign up
for the Service, with the amount of Fees pro rated for the number
of days remaining in that calendar month. Thereafter, the Fees
will automatically be charged to your authorized credit card, in
advance, on the 1st day of the month that the Service is provided.
In the event you cancel the Service, Gemxwave will not refund any
Fees already paid by you.
Your Gemxwave account will be considered delinquent if your credit
card company refuses for any reason to pay the amount billed to
it and that amount remains unpaid at the beginning of the next
accounting cycle. The Service may be suspended, archived or purged
from system if account is delinquent for more than one billing
If you believe Gemxwave has billed you incorrectly, you must contact
Gemxwave no later than 60 days after the closing date on the first
billing statement in which the error or problem appeared, in order
to receive an adjustment or credit. Inquiries should be directed
to Gemxwave's Customer Support department.
Gemxwave may choose to bill through an invoice, in which case,
full payment for invoices issued in any given month must be received
by Gemxwave thirty (30) days after the mailing date of the invoice,
or the Service may be terminated. Unpaid invoices are subject to
interest of 1.5% per month on any outstanding balance, or the maximum
permitted by law, plus all expenses of collection.
Please remember that Gemxwave bills you immediately for an upgraded
membership level you order. Your credit card will be billed every
month on the same day that you initially requested extra space.
If you choose to cancel your account after your card has been billed
for that month, you will not be reimbursed for the days you did
not use the upgraded membership.
You agree to abide by all applicable local, state, national and
foreign laws, treatises and regulations in connection with the
Service. In addition, without limitation, you agree not to use
the Service to: (a) use information from the Service in connection
with sending unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or
any other form of duplicative or unsolicited messages, whether
commercial or otherwise; (b) harvest, collect, gather or assemble
information or data regarding other users, including e-mail addresses,
without their consent; (c) transmit through or post on the Service
unlawful, harassing, libelous, abusive, harassing, tortious, defamatory,
threatening, harmful, abusive, libelous, invasive of another's
privacy, vulgar, obscene or otherwise objectionable material of
any kind or nature or which is harmful to minors in any way; (d)
transmit any material that may infringe the intellectual property
rights or other rights of third parties, including trademark, copyright
or right of publicity; (e) transmit any material that contains
software viruses or other harmful or deleterious computer code,
files or programs such as trojan horses, worms, time bombs, cancelbots;
(f) interfere with or disrupt servers or networks connected to
the Service or violate the regulations, policies or procedures
of such networks; (g) attempt to gain unauthorized access to the
Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means; or
(h) harass or interfere with another user's use and enjoyment of
Gemxwave has no obligation to monitor the Service and/or Content
or any user's use thereof or retain the content of any user session.
However, Gemxwave reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request.
Gemxwave, in its sole discretion, may terminate your password,
account or use of the Service if you fail to comply with this Agreement.
You may terminate your user account upon notice to Gemxwave at
any time; however, you will not receive a refund of any portion
of your fees paid to Gemxwave. Upon termination of an account,
your right to use such account and the Service immediately ceases.
Cookies are files that your web browser places on your computer's
hard drive and are used to tell us whether you have visited the
Service previously. Gemxwave uses a persistent cookie to help save
and retrieve usernames used on the Service. Gemxwave issues a session
cookie only to record encrypted authentication information for
the duration of a specific session. The session cookie does not
include either the username or password of the user.
Except for the licenses granted herein, you have no right, title
or interest in or to the Service or any Content. You agree that
Gemxwave or its licensors retain all proprietary right, title and
interest, including copyright and all other intellectual property
rights, in and to the Service and Content, including, without limitation,
text, images, and other multimedia data. Gemxwave and/or other
Gemxwave products and services referenced herein are either trademarks
or registered trademarks of Gemxwave.
You shall indemnify and hold Gemxwave and its parents, subsidiaries,
affiliates, officers, directors, employees, attorneys, and agents,
harmless from and against any and all claims, costs, damages, losses,
liabilities, and expenses (including attorneys' fees and costs)
arising out of or in connection with your use of the Service (including
the Content) or breach of this Agreement.
Disclaimer of Warranties.
GEMXWAVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO
THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY,
ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. GEMXWAVE
DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE
WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION
WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V)
THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL
CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY
ALL STATEMENTS AND EXPRESSIONS OF OPINION MADE ARE THE OPINION
OF GEMXWAVE.COM AND ARE NOT MEANT TO BE A SOLICITATION OR RECOMMENDATION
TO BUY, SELL OR HOLD SECURITIES. GEMXWAVE.COM MAKES NO REPRESENTATIONS,
WARRANTIES OR GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF
THE STATEMENTS MADE REGARDING THE COMPANIES OR STOCK PURCHASES
MENTIONED ON THIS WEB SITE. GEMXWAVE.COM DOES NOT WARRANT THAT
THE INFORMATION ON THIS WEB SITE AND KEEN.COM WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MISTAKES REGARDING THAT
INFORMATION WILL BE CORRECTED. GEMXWAVE.COM IS NOT A REGISTERED
INVESTMENT ADVISOR OR BROKER DEALER. WHILE IT IS GEM-X'S GOAL TO
LOCATE AND RESEARCH EQUITY INVESTMENTS IN COMPANIES THAT HAVE THE
POTENTIAL FOR APPRECIATION, INVESTMENTS IN EQUITY SECURITIES ARE
RISKY AND USE OF THE INFORMATION PROVIDED BY GEMXWAVE.COM IS AT
THE INVESTOR'S SOLE RISK. INVESTORS SHOULD NOT RELY ON THE INFORMATION
PROVIDED BY GEMXWAVE.COM. RATHER, INVESTORS SHOULD USE THE INFORMATION
AS THE STARTING POINT FOR DOING ADDITIONAL INDEPENDENT RESEARCH
ON THE COMPANIES MENTIONED IN ORDER TO ALLOW THE INVESTOR TO FORM
HIS OR HER OWN OPINION REGARDING INVESTING IN THE COMPANIES MENTIONED.
GEMXWAVE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB
SITE AND KEEN.COM LIVE ADVICE WEB SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, PROFIT OR OTHERWISE. PAST PERFORMANCE IS
NOT NECESSARILY AN INDICATION OF FUTURE PERFORMANCE. GEMXWAVE.COM
MAKES NO REPRESENTATION THAT ANY ACCOUNT WILL, OR IS LIKELY TO,
ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. DAY TRADING OR
MOMENTUM TRADING HAS BOTH POTENTIAL RISKS AND REWARDS. TRADING
STOCKS BASED ON THE INFORMATION PROVIDED BY GEMXWAVE.COM MAY NOT
BE SUITABLE FOR ALL USERS OF THE INFORMATION PROVIDED ON ANY OF
HIS WEB SITES OR SERVICES. YOU, THE INVESTOR, NOT GEMXWAVE.COM
ASSUME THE ENTIRE RISK OF ANY TRADING THAT YOU CHOOSE TO UNDERTAKE.
GEMXWAVE.COM DOES NOT GUARANTEE THE ACCURACY OR VERACITY OF ANY
STATEMENTS MADE IN THE ANY OF HIS SERVICES, AND IS NOT RESPONSIBLE
FOR ACTIONS TAKEN BASED ON INFORMATION PROVIDED OR STATEMENTS MADE.
GEMXWAVE.COM CONTAINS "FORWARD LOOKING STATEMENTS" WITHIN
THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF 1933 AND SECTION
21B OF THE SECURITIES EXCHANGE ACT OF 1934. ANY STATEMENTS THAT
EXPRESS OR INVOLVE DISCUSSIONS WITH RESPECT TO PREDICTIONS, EXPECTATIONS,
BELIEFS, PLANS, PROJECTIONS, OBJECTIVES, GOALS, ASSUMPTIONS OR
FUTURE EVENTS OR PERFORMANCE ARE NOT STATEMENTS OF HISTORICAL FACT
AND MAY BE "FORWARD LOOKING STATEMENTS." FORWARD LOOKING
STATEMENTS ARE BASED ON EXPECTATIONS, ESTIMATES AND PROJECTIONS
AT THE TIME THE STATEMENTS ARE MADE THAT INVOLVE A NUMBER OF RISKS
AND UNCERTAINTIES WHICH COULD CAUSE ACTUAL RESULTS OR EVENTS TO
DIFFER MATERIALLY FROM THOSE PRESENTLY ANTICIPATED. FORWARD LOOKING
STATEMENTS IN THIS ACTION MAY BE IDENTIFIED THROUGH THE USE OF
WORDS SUCH AS "EXPECTS", "WILL," "ANTICIPATES," "ESTIMATES," "BELIEVES," OR
STATEMENTS INDICATING CERTAIN ACTIONS "MAY," "COULD," OR "MIGHT" OCCUR.
GEMXWAVE.COM WANTS TO EMPHASIZE THIS STATEMENT.
Limitation of Liability.
IN NO EVENT SHALL GEMXWAVE'S AGGREGATE LIABILITY EXCEED THE AMOUNT
ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL
GEMXWAVE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE
OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER
ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH
THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY
TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH
THE SERVICE, EVEN IF GEMXWAVE HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion
of implied warranties or limitation of liability for incidental
or consequential damages, so the exclusions set forth above may
not apply to you.
Local Laws and Export Control.
Gemxwave controls and operates this Service from its location
in the United States of America and is subject to the United States
Export Administration Laws and Regulations. Gemxwave makes no representation
that the Service is appropriate or available for use in other locations.
If you use the Service from outside the United States of America,
you are solely responsible for compliance with all applicable laws,
including without limitation export and import regulations of other
countries. Any diversion of the Content contrary to United States
law is prohibited. None of the Content, nor any information acquired
through the use of the Service, is or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals, nor is or will be used
for nuclear activities, chemical biological weapons, or missile
projects, unless specifically authorized by the United States Government
for such purposes. You shall comply strictly with all United States
export laws and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
Modification to Terms. Gemxwave reserves the right to change the
terms and conditions of this Agreement or its policies relating
to the Service at any time and shall notify you by posting an updated
version of this Agreement on the Service and/or by sending you
an email message. You are responsible for regularly reviewing this
Agreement. Continued use of the Service after any such changes
shall constitute your consent to such changes.
This Agreement will be governed by California law and controlling
United States federal law, without regard to the choice or conflicts
of law provisions of any jurisdiction. You shall bring all disputes,
actions, claims, or causes of action related to this Agreement
or in connection with the Service only in the federal and state
courts located in Los Angeles, California. No text or information
set forth on any other purchase order, preprinted form or document
shall add to or vary the terms and conditions of this Agreement.
If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the invalid or unenforceable provision(s), with all other provisions
remaining in full force and effect. No joint venture, partnership,
employment, or agency relationship exists between you and Gemxwave
as a result of this agreement or use of the Service. The failure
of Gemxwave to enforce any right or provision in this Agreement
shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Gemxwave in writing. Gemxwave has
the right to assign any or all of its rights and obligations under
this Agreement at any time. This Agreement comprises the entire
agreement between you and Gemxwave and supersedes all prior or
contemporaneous negotiations, discussions or agreements, whether
written or oral, between the parties regarding the subject matter