By using LACROIXINC.COM and/or the LACROIX,
INC. chat room including any software and
content contained therein, you agree, that
use of the Service is entirely at your own
risk. LACROIX, INC. is not a registered
investment advisor or a broker dealer. You
assume the entire cost and risk of trading
and are solely responsible for any and all
gains and losses, financial, emotional or
otherwise experienced, suffered or incurred
by you. All transactions you choose to engage
in with or without seeking advice from a
licensed and qualified financial advisor
or entity are conducted at your sole discretion
and are your sole responsibility. Any information,
opinion, advice or offer posted by any entity
logged on to the LACROIXINC.COM web site
or in the LACROIX, INC. chat room is to
be construed as public conversation only.
LACROIX, INC. makes no warranties that trading
methods or systems presented in their services
or the information herein or discussed,
shown or taught in the LACROIX, INC. chat
room, or obtained from advertisers or members
will result in profits or losses. LACROIX,
INC. gives no assurances regarding the accuracy,
truth, timeliness, reliability, or good
faith of any material posted. The Information
is for educational purposes only and is
not intended to provide tax, legal, trading
or investment advice, which you should obtain
from your professional advisor prior to
making any trade or investment of the type
discussed in the Information or in the LACROIX,
INC. chat room. The Information does not
constitute a solicitation by the information
providers, LACROIX, INC., LACROIXINC.COM
or any other person(s) or entities for the
purchase or sale of securities/commodities.
You
understand and acknowledge that there
is a very high degree of risk involved
in trading securities/commodities and
fully understand and accept that people
can and often do lose money. Past results
of any individual trader published, discussed
or taught on this web site or in the LACROIX,
INC. chat room are not indicative of future
returns by that trader and are not indicative
of any future returns, which may or may
not be realized by you. We assume no responsibility
or liability whatsoever for your trading
and investment results.
Performance
results have many inherent limitations,
some of which are described below. No
representation is being made that any
account or individual trader will or is
likely to achieve profits or losses similar
to those shown, decribed, taught or discussed
in the chat rooom. In fact, there are
frequently sharp differences between individual
trading results between other chat room
participants and the actual trades taught
or discussed in the chat room. In addition,
hypothetical trading does not involve
financial risk, and no hypothetical trading
can completely account for the impact
of financial risk in actual trading, for
example, the ability to withstand losses
or to adhere to a particular trading methodology,
strategy or program in spite of trading
losses are material points which can also
adversely affect actual trading results.
There are numerous other factors related
to the markets in general or to the implementation
of any specific trading method, strategy
or program which cannot be fully accounted
for, all of which can adversely affect
actual trading results.
The
methodologies, indicators, strategies
and all other features of the LACROIX,
INC. chat room and LACROIXINC.COM (collectively,
the "Information") is provided
for informational and educational purposes
only and should not be construed as investment
or trading advice. The analysts, instructors
and employees or affiliates of LACROIX,
INC. may or may not hold positions in
the financial instruments discussed at
any given time in the chat room and the
trades taught or discussed in the chat
room may or may not be actually be traded
by LACROIX, INC. employees, hence are
to be considered hypothetical trades.
You should not rely solely on the Information
taught or discussed in the chat room in
making any trade or investment. Rather,
you should use the Information only as
an educational guide and as a starting
point for your learning and understanding
of the markets and for conducting additional
independent research in order to allow
you to form your own opinion regarding
trading or investing.
By
using the Information on LACROIXINC.COM
or in the LACROIX, INC. chat room you
assume full responsibility for any and
all gains and losses, financial, emotional
or otherwise, experienced, suffered or
incurred by you. LACROIX, INC. does not
guarantee the accuracy, completeness or
timeliness of, nor does it otherwise endorse
in any way, the views, opinions or recommendations
expressed in the Information and further
does not give investment or trading advice
and does not advocate the purchase or
sale of any security/commodity nor does
it reccommend any trade or investment
be made or taken by you or any other individual.
The Information provided is for educational
purposes only and is not intended to provide
tax, legal, trading or investment advice,
which you should obtain from your professional
advisor prior to making any trade or investment
of the type discussed in the Information
or the chat room itself. The Information
does not constitute a solicitation by
the information providers, LACROIX, INC,
LACROIXINC.COM or any other
person(s) or entities of the purchase
or sale of securities/commodities.
THE
SERVICE IS PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE.
SPECIFICALLY, LACROIX, INC. AND LACROIXINC.COM
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORT, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER
LACROIX, INC., LACROIXINC.COM NOR ANY
OF ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE
PROVIDERS SHALL BE LIABLE TO YOU OR OTHER
THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF SERVICE OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICE OR
OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES,
THE RESPECTIVE LIABILITY OF LACROIX, INC.
AND LACROIXINC.COM, ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES AND CONTENT
OR SERVICE PROVIDERS RESPECTIVE LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY SUCH STATE LAW.
LACROIX,
INC., LACROIXINC.COM or one of its affiliates,
are the owner and/or authorized user of
any trademark, registered trademark and/or
service mark appearing on the LACROIXINC.COM
web site, and is the copyright owner or
licensee of the content and/or information
on the web site, unless otherwise indicated.
LACROIX, INC. does not grant to you a
license to any content, features or materials
you may access on this web site nor in
the chat room. You may not download or
save a copy of any of the content or screens
except as otherwise provided in these
Terms and Conditions, for any purpose.
You may, however, print a copy of the
information on this web site, particularly
the Terminology section, solely for your
personal use or records. If you make other
use of this web site, except as otherwise
provided above, you may violate copyright
and other laws of the United States, other
countries, as well as applicable state
laws and may be subject to liability for
such unauthorized use. We do not grant
any license or other authorization to
any user of its trademarks, registered
trademarks, service marks, other copyright
material or any other intellectual property,
by including them on this web site or
in the chat room. We reserve the right
to change any information on this web
site or in the chat room, including but
not limited to revising and/or deleting
features or other information without
prior notice to you. Accessing certain
links within this web site may provide
you with access to other web sites for
which we assume no responsibility of any
kind for the content, availability, any
services provided or otherwise. (See "Resources"
page) The content of this web site may
vary depending upon your browser functionality
and limitations. You acknowledge and agree
that you must: (a) provide for your own
access to the World Wide Web and pay any
service fees associated with such access
and (b) provide all equipment necessary
for you to make such connection to the
World Wide Web, including a computer,
software, a modem and a working telephone
line. (c) be individually responsible
to 1st Works Corporation (Hot Comm) for
your own Hot Comm user ID and access code
(or to such other chat room hosting service
or provider that LACROIX, INC. or LACROIXINC.COM
may use or switch to from time to time
without notice).
Third
Party Provided Content:
Chat
room hosting for LACROIX, INC. and LACROIXINC.COM
is provided by 1st Works Corporation (Hot
Comm). Market quotes streaming ticker
on the LACROIXINC.COM web site provided
by barchart.com and certain other information
on this web site, as well as reference
materials or links to other sites, are
for general informational purposes only,
and are not intended to be relied upon
for transactional or for trading/investing
purposes. Neither LACROIX, INC., LACROIXINC.COM
nor any of its data or content providers
(including but not limited to 1st Works
Corporation and barchart.com) shall be
liable for any errors or delays in the
content, or for any actions taken in reliance
thereon.
User
Conduct On LACROIXINC.COM:
While
using the Service, you may not:
1. Upload, post, publish, transmit, reproduce,
or distribute in any way, information,
software or other material obtained through
the Service which is protected by copyright,
or other proprietary or intellectual property
right, or derivative works with respect
thereto, without obtaining permission
of the copyright owner or right holder
or LACROIX, INC.; or
2. Upload, post, publish, reproduce, transmit
or distribute in any way any component
of the Service itself or derivative works
with respect thereto, as the Service is
copyrighted as a collective work under
U.S. and International copyright laws;
or
3. Upload, post, publish or transmit any
unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, profane, threatening,
abusive, or otherwise objectionable information
of any kind, including without limitation
any transmissions constituting or encouraging
conduct that would constitute illegal
activity, give rise to civil liability,
or otherwise violate any local, state,
national or foreign law, including without
limitation the U.S. export laws and regulations;
or
4. Upload, post, publish, transmit, reproduce,
distribute or in any way exploit any information,
software or other material obtained through
the Service for commercial purposes (other
than as expressly permitted by the provider
of such information, software or other
material); or
5. Restrict or inhibit any other user
from using and enjoying the Service; or
6. Offer, sell or buy any security/commodity
or other investment vehicle; or
7. Knowingly violate any laws, including
without limitation the Securities Act
of 1933 and Securities Exchange Act, or
any rule of any securities/commodities
exchange, including, without limitation,
the New York Stock Exchange, NASDAQ/AMEX
or the CFTC.
8. Post or transmit any advertisements,
solicitations, chain letters, pyramid
schemes, investment opportunities or schemes
or other unsolicited commercial communication
(except as otherwise expressly permitted
by LACROIX, INC. or LACROIXINC.COM) or
engage in spamming or flooding; or
9. Impersonate any other person or entity,
or misrepresent your affiliation with
any other person or entity; or
10. Post or transmit any information or
software, which contains a virus, trojan
horse, worm or other harmful component.
You
acknowledge and agree, however, that we
do retain the right to monitor the Service
and, subject to the limitations of the
LACROIX, INC. or LACROIXINC.COM Privacy
Policy, to disclose any information as
necessary or appropriate to satisfy any
law, regulation or other governmental
request, to operate the Service properly,
or to protect itself or its subscribers.
We have no obligation to monitor the Service.
We will not intentionally monitor or disclose
any private electronic-mail message unless
required by law. We reserve the right
to refuse to post or to remove any information
or materials, in whole or in part, that,
in its sole discretion, are unacceptable,
undesirable, inappropriate or in violation
of these Terms and Conditions.
Submissions.
All
information submitted to LACROIX, INC.
or LACROIXINC.COM via this web site shall
be deemed and remain the property of LACROIX,
INC. and/or LACROIXINC.COM and we shall
be free to use, for any purpose, any ideas,
concepts, know-how or techniques contained
in information any user of this web site
provides to LACROIX, INC. and/or LACROIXINC.COM
through this web site or in the LACROIX,
INC. chat room or via electronic mail.
LACROIX, INC. and/or LACROIXINC.COM shall
not be subject to any obligations of confidentiality
regarding submitted information, except
as agreed by LACROIX, INC. and/or LACROIXINC.COM
or as otherwise specifically agreed or
required by law.
Links
from and to LACROIX, INC. and/or LACROIXINC.COM:
You
acknowledge and agree that LACROIX, INC.
and/or LACROIXINC.COM and any of its web
site co-branding providers have no responsibility
for the accuracy or availability of information
provided by linked web sites. Links to
external web sites do not constitute an
endorsement by LACROIX, INC. or LACROIXINC.COM
or its web site co-branding providers
of the sponsors of such sites or the content,
products, advertising or other materials
presented on such sites. The links on
this web site may provide you with access
to other web sites where the trading of
or the investing in securities/commodities
are possible. You acknowledge and agree
that neither LACROIX, INC. nor LACROIXINC.COM
shall be responsible or liable with regard
to any trading which may be conducted
on such linked trading sites or any other
web site, which may be linked to or from
LACROIXINC.COM. You acknowledge and agree
that you bear responsibility for your
own trading/investment research and trading/investment
decisions, and that neither LACROIX, INC.
nor LACROIXINC.COM shall be liable for
any decision made or action taken by you
or others based upon reliance on information
or materials obtained through use of the
Service or taught or discussed in the
chat room. Prior to the execution of a
securities/commodities trade or investment,
you should always consult with your broker
or other financial representative to verify
securities/commodities pricing information.
Information in the many web pages that
are linked to LACROIXINC.COM comes from
a variety of sources. Some of this information
comes from official LACROIXINC.COM licensees,
but much of it comes from unofficial or
unaffiliated organizations and individuals,
both internal and external to LACROIX,
INC. and LACROIXINC.COM. We do not author,
edit, or monitor these unofficial pages
or links. You acknowledge and agree that
we are not responsible or liable, directly
or indirectly, for any damage or loss
caused or alleged to be caused by or in
connection with use of or reliance on
any such content, goods or services available
on such external sites or resources.
Other
Information:
If
you wish to make purchases through the
Service, you may be asked by the merchant
or information or service provider from
whom you are making the purchase to supply
certain information, including credit
card or other payment mechanism information.
You agree not to hold LACROIX, INC. or
LACROIXINC.COM liable for any loss or
damage of any kind incurred as a result
of any such dealings with any merchant
or information or service provider through
the Service. You agree that all information
you provide any merchant or information
or service provider through the Service
for purposes of making purchases will
be accurate, complete and current. The
merchants and information and service
providers offering merchandise, information
and services through the Service set their
own prices and may change prices or institute
new prices at any time. You agree to pay
all charges incurred by users of your
account and credit card or other payment
mechanism at the prices in effect when
such charges are incurred. You also will
be responsible for paying any applicable
taxes relating to purchases through the
Service.
Failure
to comply with Terms and Conditions:
You
acknowledge and agree that we may deny
you access to all or part of the Service
or to the chat room without prior notice
if you engage in any conduct or activities
that we, in our sole discretion, believe
violate any of these Terms and Conditions,
violate the rights of LACROIX, INC. or
LACROIXINC.COM, or are otherwise inappropriate
for continued access. You acknowledge
and agree that we may, in our sole discretion,
deny you access, through LACROIX, INC.
or LACROIXINC.COM, to third party services,
merchandise, materials or information
on the Internet, and we shall have no
responsibility to notify any third-party
providers of services, merchandise or
information nor any responsibility for
any consequences resulting from lack of
notification. You agree to defend, indemnify
and hold LACROIX, INC. and LACROIXINC.COM
and its affiliates harmless from any and
all claims, liabilities, costs and expenses,
including reasonable attorneys' fees,
arising in any way from your use of the
Service or the chat room or the placement
or transmission of any message, information,
software or other materials through the
Service or in the chat room by you or
through use of this web site or the chat
room or related to any violation of these
Terms and Conditions by you or the use
of this web site or the chat room.
Terms
and Conditions of Use:
Please
read these terms and conditions of use
(the "Terms and Conditions")
which govern your use of LACROIX, INC.
and/or LACROIXINC.COM or its chat room
(sometimes referred to as the "Service")
and your relationship with LACROIX, INC.
and/or LACROIXINC.COM, Corp. and all individuals
and companies associated with this web
site and the chat room (collectively referred
to as "LACROIX, INC." or "We").
If you do not agree to these Terms and
Conditions do not use the Service. We
may change the Terms and Conditions from
time to time and at any time without notice
to you, by posting such changes on this
web site. By using the Service following
any modifications to these Terms and Conditions,
you agree to be bound by any such modifications
to the Terms and Conditions.
Miscellaneous:
The
Terms and Conditions and the relationship
between you and LACROIX, INC. shall be
governed by the laws of the State of Florida,
without regard to its conflict of law
provisions. You and LACROIX, INC. each
agrees to submit to the personal and exclusive
jurisdiction of the courts located within
the State of Florida and more specifically,
those located in Palm Beach County, Florida.
The failure of LACROIX, INC. to exercise
or enforce any right or provision of the
Terms and Conditions shall not constitute
a waiver of such right or provision. If
any provision of the Terms and Conditions
is found by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should endeavor to
give effect to the parties' intentions
as reflected in the provision, and all
other provisions of the Terms and Conditions
shall remain in full force and effect.
You agree that regardless of any statute
or law to the contrary, any claim or cause
of action arising out of or related to
use of the Service or the Terms and Conditions
must be filed within one (1) year after
such claim or cause of action arose or
be forever barred.