Debt Investors Club Terms and Conditions of Use
Welcome to the Distressed Investors Club Terms & Conditions (the "Terms"). We hope you will enjoy being a part of this Members only group of top investors and analysts who enjoy sharing and discussing credit and fixed-income investment ideas.
ACKNOWLEDGMENT AND ACCEPTANCE
Please read the Terms carefully before using the Distressed Debt Investors Club website. By clicking "Agree" below, you signify your agreement to be bound by the Terms. These Terms govern your access to and use of the DDIC. The DDIC is available for your use only on the condition that you agree to the Terms. If you do not agree to the Terms, you should not register, agree to these terms or access or use the DDIC.
- In these Terms, the following expressions have the following meanings:
"DDIC" refers to the Distressed Debt Investors Club, its website and any content contained on the website as defined below.
"we" "our" "us" or "Owners" refers to the owners of the DDIC , their employees and affiliates.
"Terms" refers to these Terms and Conditions including those definitions listed in this section.
"person" includes an individual, sole proprietorship, or entity the person is authorized to represent.
"you" "your" refers to the person who is agreeing to these Terms and the user of this website.
"Member" refers to the person who has been approved for membership by the Owners and has paid their annual dues to access the DDIC full services.
"Guest" refers to the person who is allowed limited access to the DDIC and our services.
"Content" refers to any information, mode of expression, or other materials and services found on the DDIC. This includes message boards, blogs, chats, our writings, and any and all other features of the DDIC.
These Terms may change and be updated at any time and we will post a notice on the DDIC of any material changes. If there have been any material changes, your continued use of the DDIC means that you accept any new or modified terms and conditions. If you do not accept the new Terms please be sure to contact us directly and do not access or use the DDIC.
Age The DDIC is available only to persons at least eighteen (18) years of age who can form legally binding agreements under applicable law. If you do not qualify, you are not permitted to use the DDIC.
Multiple Accounts Any use of multiple accounts or aliases on the DDIC, including attempts to mislead, defraud, trick, or confuse the DDIC or its Members or Guests is a breach of these Terms.
Registration Data By accepting the Terms, you agree to:
- provide accurate, complete and current information as prompted during the application process;
- keep your e-mail address accurate and current; and
- to Members only: submit at least one idea every 6 months.
User Profile As both a Guest and a Member of the DDIC, you can update your account settings, including your email address, by going to the USER PROFILE tab at the top of the page. In the event that any information is inaccurate or not up-to-date, the Owners reserve the right to cancel your membership.
FEES AND PAYMENTS
Dues Full access to the DDIC as a Member (the "Membership") is contingent upon full payment of your membership dues (the "Dues"). As a Member you agree to pay the Dues as set forth at: http://www.distressed-debt-investing.com/2009/10/distressed-debt-investors-club-faq.html. The Owners reserve the right to increase the Dues or institute new charges upon reasonable notice. Dues are collected upon acceptance into the DDIC.
- Automatic Renewal Your Membership will automatically renew annually, until you notify us of your decision to terminate your Membership. Accordingly, you agree that your Membership fee will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card we have on file. Your Membership to the DDIC is nontransferable or assignable.
- Refunds The Owners are not liable for any refunds of the Dues if your Membership is revoked for violation of these Terms, violation of our Compliance Terms.
LIMITED LICENSE AND PROPRIETARY RIGHTS
Any and all intellectual property rights ("Intellectual Property") associated with the DDIC and its contents (the "Content") are our sole property. The Content is protected by U.S. and international copyright laws. Except as otherwise expressly authorized by the Terms, you may not reproduce, modify, loan, sell, upload, or distribute the Intellectual Property in any way without the Owners' or the appropriate third party's prior written permission. Except as expressly provided herein, the Owners do not grant to you any express or implied rights to the Intellectual Property.
- The Owners grant you a limited, personal, nontransferable, revocable license (the "License") to download one copy of the Content for personal, non-commercial, transitory viewing only. Any other copying, distribution, storing or transmission of any kind or use of the Content for any commercial purpose or public display, is strictly prohibited without the Owners' express written permission.
The License shall automatically terminate if you violate any of the Terms and may be terminated by us at any time. Upon terminating your right to the Content or upon the termination of the License, you must destroy any of the Content in your possession whether in electronic or printed format.
The Content is intended for use only by the Member or Guest whose name appears on our records. Password and user names provided by the Owners are for the Members' or Guests' use only. You agree that excessive simultaneous account log-ins from different IP addresses may result in termination of access. You agree not to give your account information to anyone.
By accepting these Terms, you agree to refrain from any attempt to:
- decompile or reverse engineer any software code contained on the DDIC;
- remove any copyright or other proprietary notations from the Content; or
- transfer the Content to another person or "mirror" the Content on any other server.
Content Ownership Notwithstanding the foregoing, when you post content, you are not surrendering your copyright in your expression. You are agreeing that upon posting information on the DDIC, you grant the Owners, and their successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty of notification to you. You also grant the Owners the right to authorize the downloading and printing of such material, or any portion thereof, by other users of the DDIC in accordance with the Terms. You retain the right to use your words however you want. If you don't want us to republish your words, then please don't post them on the DDIC. We'll only republish your posts in context, and we'll credit you (under your user name) as author (unless we're using small quotations).
CONDUCT AND VIOLATION OF LAW
By accepting the Terms, you agree to comply with all applicable laws and regulations, including but not limited to the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges. You are solely responsible for compliance with laws, regulations and policies of your employer in connection with the use of the DDIC. By accepting these Terms you also agree to accept and abide by our Compliance Policy. If you do not agree to our Compliance Policy, you should not register, agree to these terms or access or use the DDIC
By accepting the Terms, you hereby represent that any materials or information submitted through your account or otherwise posted on the DDIC do not:
Violate or infringe upon the rights of any person, including copyrights, trademarks, trade secrets or securities, nondisclosure agreements or other personal or proprietary rights;
Contain libelous, defamatory, threatening, harassing content or content which discloses private or personal matters concerning a third party;
Contain advertising, promotional materials or other forms of solicitation;
Contain any files that knowingly contains viruses, corrupted files, or any other contaminating or destructive features that may damage someone's computer (i.e. "Trojan Horses")
- Statements made and actions taken through the use of your Membership are your responsibility. Please maintain the confidentiality of your password. You agree to immediately notify of any actual or suspected use of your username and password. We are not responsible for any loss arising from the unauthorized use of your information.
The Content on the DDIC is provided "as is." The Owners make no warranties, express or implied, and hereby disclaim and negate all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
The Members are a collaborative group of investors and analysts who share and discuss credit and fixed-income ideas. We hope that this collaborative research forum helps you make better investments in the dressed debt market as well as providing you with an outlet to discuss your interests. However, the Owners do not warrant or make any representations concerning the accuracy, likely results, or reliability of the Content, or on any websites linked to the DDIC. The opinions, ideas and discussions are not the opinions of the Owners.
To the extent allowed for by applicable governing law, in no event shall the Owners, along with its affiliates and suppliers, be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Contents, even in the presence of notification to the Owners of the possibility of such damage.
DISCLAIMER OF LIABILITIES AND WARRANTIES
The Owners are not investment advisors. The Content is not intended to be, and shall not constitute, an offer to sell nor the solicitation of any offer to buy any security. The Content is provided for informational purposes only and is not to be treated as advice to make any specific investment. Please consult with an independent investment advisor before making an investment decision.
The Owners and their employees and affiliates may own, or may buy and sell, securities of companies discussed in this website at any time before, during, or after distribution of information on the companies by the DDIC. The DDIC has no obligation to inform readers of its trading activities or the trading activities of any of its employees and/or affiliates.
The Owners do not warrant the accuracy or completeness or usefulness of the Content. We make no promises or warranties that this service will not from time to time have interruptions such as limited interruptions for site maintenance. The Owners do their best to provide you the best information related to credit and fixed-income investment ideas and we hope you find the information discussed on our site informative and helpful, but we make no warranties that you will. While the information shared on this website may help you in your investment strategies, remember you bear the responsibility for your own investment decisions and research. We do not take responsibility for or make any representations about the truth or accuracy of any of the information provided through this site.
- Links The Owners have not reviewed all of the websites that are linked to by the DDIC and are not responsible for the contents of any such linked website. The inclusion of a link on the DDIC does not imply endorsement by the Owners. Use of any such linked website is at your own risk.
Revisions and Errata The Content may include technical, typographical, photographic, or other types of errors. The Owners are under no obligation to investigate, nor do they represent or warrant, that the Contents are accurate, complete, or current. The Owners may make changes to the Content at any time without notice, provided, however, that the Owners are under no obligation to update the Content, provided Federal or State law does not require us to do so.
Accordingly, to the maximum extent permitted by law, the Owners shall not have any liability whatsoever to any person for any loss or expense, whether direct, indirect, consequential, incidental or otherwise, arising from or relating in any way to any use of or reliance on the Content, even if we have been advised of the possibility of such damages.
Any claim relating to the DDIC shall be governed by the laws of the United States of American and the State of New York without regard to its conflict of law provisions. You agree that the forum for any claim arising there under will be in the U.S. Court for the Southern District of New York or the appropriate New York court.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our website or sending them to you via email. If you do not provide us with an up-to-date email, we cannot be liable if we fail to notify you.
We cannot warrant that the services are appropriate for users outside the United States. These services are directed at the U.S. fixed income sector. We cannot warrant that the services provided on our site is permitted under the laws of other jurisdictions, access of this website by you is done so at your own risk.
AS OUTLINED UNDER 7.01 BY CLICKING AGREE YOU ALSO AGREE TO FOLLOW THE RULES AND REGULATIONS AS OUTLINED BY OUR COMPLIANCE POLICY AS WELL AS RULES AND REGULATIONS OF THE U.S. SECURITIES AND EXCHANGE COMMISSION