nesteggr

NestEggr Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE NESTEGGR WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE NESTEGGR WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.

The Terms of Service ("TOS") apply to all users of the NestEggr website (the "Site"). By using this Site (including any content posted on the Site), you signify your acceptance of the TOS, as well as the NestEggr Privacy Policy, which is incorporated by reference into the TOS. NestEggr reserves the right to update or change the TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to the TOS, you must discontinue using the Site and terminate your membership in NestEggr.

This Site is owned and operated by Azooba Inc. All references to NestEggr herein shall be deemed to include Azooba Inc.

Website Access.

THIS SITE AND THE SERVICES OFFERED ARE INTENDED ONLY FOR INDIVIDUALS 18 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your NestEggr account to another party

Registering as a Member.

You do not have to be a NestEggr Member to use this Site. However, only Members can access some of the most popular features and services that NestEggr currently offers, such as blogs, stock picks, answers and social networking features, or other services that we may offer in the future (the "Services"). Registration is free. If you are not registered with us, please click here to register and become eligible for all of NestEggr's features.

When you register with NestEggr, you will be asked to provide us with your name, email address and other information that we may request, all of which will become part of your profile ("Profile Data"), and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not

  1. select or use a screen name of another person with intent to impersonate that person,
  2. use a screen name in which another person has rights without authorization from that person, or
  3. use a screen name that NestEggr, at its sole discretion, deems offensive.

You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or NestEggr has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify NestEggr of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and password) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account.

User Guidelines

As an online community, we will thrive only if we can rely on our Members to act responsibly. We believe that all Members and visitors benefit from basic rules regarding conduct while using the Site and the Services. Accordingly, we have developed Guidelines which we hope will increase your awareness of your responsibilities to others when using the Site and the Services and will enhance your enjoyment of the Site. We may update these Guidelines from time to time.

The following Guidelines apply to and govern your use of the Site and the Services.

  • Treat other Members in the community with respect. Even if their views differ from yours, they have the right to be heard.
  • Do not post email addresses, telephone numbers, street addresses, last names, or any other content or information that identifies a user.
  • Do not upload, post, email, transmit or otherwise make available content that is unlawful, abusive, hateful, vulgar, obscene, pornographic, libelous, defamatory, harassing, or invasive of another person.s privacy, or is racially or ethnically offensive or which personally attacks someone because of their opinions, values, beliefs or choices. Any harassing messages or postings that might be construed as threatening or stalking will be deleted and made available to the proper law enforcement officials, at our discretion. We also reserve the right to remove postings that are off the subject or not in English. In all cases, we are the final judge on whether these Guidelines have been violated.
  • Do not upload, post, email, transmit, or otherwise make available content that you don.t have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
  • You may not encourage, engage in or promote any unlawful conduct while on our Site. If you do so, your membership will be terminated.
  • Do not offer, sell, or buy any security.
  • Do not post or transmit any file that contains viruses, corrupted files, .Trojan Horses,. or any other contaminating or destructive features that may damage someone.s computer.
  • Do not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by NestEggr.
  • Advertising is prohibited except in areas of the Site which are expressly designated for advertising. Do not use any of the other areas of the Site for advertising.
  • Do not forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites.
  • We don't allow spamming. Sending the same message multiple times or to multiple people will be treated as spam.
  • Do not use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites.
  • Do not take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services.
  • Do not take any action that damages or disrupts the functioning of our systems or services.
  • Do not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
  • If a Member requests that you no longer communicate with him/her, please honor that request.

If you belief that any postings, photos or other content on the Site violates these Guidelines or these TOS, please let us know by using the .Report this post. on every page of the Site. However, in all cases, we are the final judge on whether these Guidelines or the TOS have been violated and we will determine what, if any, action should be to taken.

Digital Millennium Copyright Act (.DMCA.) Notice

Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.

If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Nesteggr
Att: CEO, Azooba Inc.
4067-B Transport St,
Palo Alto, CA 94303

Our Content Removal Rights.

We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice for any reason and at any time including without limitation if we believe that (i) the content violates these TOS, (ii) removal is necessary to protect the rights, property or personal safety of NestEggr, its users and the public, or (iii) if required to do so by law. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site, and you assume the risk of believing any content you read.

Stock Quote information is delayed by at least 15 minutes and calculated performances are based on delayed stock quotes. NestEggr provides stock quotes and calculated performances of each user solely for informational purposes and does not guarantee the accuracy of the information provided.

No Warranty of Content Accuracy

NestEggr is not responsible for the posts, comments stock picks, questions, and answers of the users on the Site. NestEggr does not provide investment or financial advice. We are not investment advisers and we cannot provide personalized advice. We can.t know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. If you want personal advice, then you should seek a registered investment adviser.

If you make investment decision in reliance on information you receive in connection with the Service, you do so at your own risk and NestEggr, its employees, and its agents will not be liable for any losses that you sustain. You should not make any investment decision without first consulting your personal financial advisor and conducting your own research and due diligence, including carefully reviewing the prospectuses and other public filings of the issuer. To the maximum extent permitted by law, NestEggr disclaims any and all liability in the event any information, commentary, analysis, opinions, advice or recommendations on the Site are inaccurate, incomplete or unreliable or result in any investment or other losses. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by NestEggr or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.

Rights to Use Content

You take responsibility for all content that you upload, post or distribute on the Site and the consequences of publishing and posting that content. In connection therewith, you represent and warrant that (i) you own or have the necessary rights and licenses to upload, post and distribute that content and to authorize NestEggr and its Members to use that content in the manner contemplated by these TOS, (ii) you have the written consent of every person identified in that content to use their name, likeness and/or photograph in connection with the use of the content as contemplated by these TOS. You agree that you will not upload, post, email or otherwise transmit any content that infringes and/or violates the right of a third party or any law, rule or regulation including but not limited to (i) copyright, patent, trademark, trade secret, or other proprietary right, (ii) right of privacy or publicity; (iii) any confidentiality obligation; or (iv) any content which you do not have a right to upload.

Subject to the following, you retain all ownership rights in your content submitted to the Site. By submitting content to the Site, you grant to NestEggr and its successors in business a non-exclusive, perpetual, worldwide, royalty-free, irrevocable license to reproduce, distribute, modify, edit, use, display, adapt, translate, create derivative works from and market and promote the content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the provisions or payment of any compensation. You also grant each user of the NestEggr Site a non-exclusive license to access and use your content for personal benefit as permitted through the functionality of the Site and under these TOS.

How You Can Use the Services.

This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOS. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without NestEggr.s prior written consent, or (ii) alter or modify any part of the Site.

Proprietary Rights

The content on the Site, other than all user content, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by NestEggr or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. NestEggr owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.

All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including NestEggr and its partners. Users are prohibited from using any Marks without the written permission of NestEggr or such third party that may own the Marks.

Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without NestEggr.s prior written consent.

No License Granted.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of NestEggr. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER NESTEGGR PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Protecting Children.

Because the safety of children is very important to us, NestEggr complies with the Children's Online Privacy Protection Act. NestEggr does not encourage participation or visitation by children. Visitors who are known to be under the age of 18 are prohibited from becoming NestEggr Members. NestEggr does not knowingly collect personal information from children under the age of 18.

Links.

The Site, or Members, may provide links to other World Wide Web sites or resources. Because NestEggr has no control over such sites and resources, you acknowledge and agree that NestEggr is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that NestEggr shall not be 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 or through any such site or resource.

Disclaimer of Warranties.

YOUR USE OF THE SERVICE AND SITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND SITE CONTENT ARE PROVIDED ON AN .AS IS. AND .AS AVAILABLE. BASIS. NESTEGGR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND SITE CONTENT, AND YOU RELY ON THE SERVICE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NESTEGGR OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

NESTEGGR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NESTEGGR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL NESTEGGR.S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO NESTEGGR FOR USE OF THE SERVICE AND SITE CONTENT. 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.

Indemnity.

You will indemnify and hold NestEggr, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service or Site Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service or Site Content.

Access Restrictions; Termination.

We can suspend or terminate your membership in NestEggr and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at NestEggr.s sole discretion, you fail to comply with any of the TOS or the Guidelines. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive.

You understand and agree that your membership in NestEggr is subject to and conditioned upon the following: Your continued adherence to these TOS and any future modifications thereto. Your violation of these TOS or any other agreement between you and Nesteggr constitute grounds for immediate termination of your membership without further notice at Nesteggr.s sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Nesteggr community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. Nesteggr reserves the right to change, discontinue or suspend Nesteggr or any of the Services at any time for any reason. Members may terminate their membership at any time by sending their request to us, using the .Send Feedback button on any page of the Site. Nesteggr shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS. Any decision Nesteggr makes relating to termination or suspension of any Member's account shall be final and binding. Nesteggr may terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted Nesteggr in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site.

Third Party Products and Services

You may order services, merchandise or other products from other parties (collectively, the "Third Party Sellers") through our Site. All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

Miscellaneous.

These TOS are the entire agreement between you and Nesteggr. They supersede any and all prior or contemporaneous agreements between you and Nesteggr relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of Nesteggr to partially or fully exercise any rights or the waiver of Nesteggr of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by Nesteggr or be deemed a waiver by Nesteggr of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of Nesteggr under these TOS and any other applicable agreement between you and Nesteggr shall be cumulative, and the exercise of any such right or remedy shall not limit Nesteggr's right to exercise any other right or remedy.

Governing Law

This Agreement between you and NestEggr will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Any dispute You may have arising out of or relating to this Site must be commenced within one year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between You and NestEggr with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. We suggest that You print out a copy of this Agreement for Your records.

The Nesteggr website is owned and operated by Azooba Inc. 4067-B Transport St, Palo Alto, CA