BestCashCow Member Agreement
DESCRIPTION

Welcome to BestCashCow.com website (the "Site") The term "BestCashCow.com" or "us" or "we" or "our" refers to BestCashCow.com, LLC. The term "you" refers to the user or viewer of the Site, including publishers of content.  Content includes any works, materials, submissions or communications that is posted to or through the Site, including comments made concerning publications on the Site or external web pages linked to on the Site.

ACCEPTANCE OF TERMS

Your use of the Site is subject to the terms of this Member Agreement, as updated by us from time to time, and the then current rules and policies posted on the Site, all of which are hereby incorporated by reference. We will endeavor to notify you of changes to the Member Agreement by posting to the main page of the Site and will make an effort to send a notice to the mailing lists, but we are not liable for failure to note changes to the Member Agreement. In the event of any conflict or inconsistency between the terms of this Member Agreement and the rules and policies posted on the Site, the Site rules and policies shall govern.

  1. By submitting Content to the Site, you automatically grant BestCashCow.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the BestCashCow.com website and BestCashCow.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the BestCashCow.com website (and derivative works thereof).
  2. You grant BestCashCow.com the right, at no charge, from time to time to edit, copy, distribute or make generally available to the public the titles of submitted work, your pen name, and/or excerpts from work posted to the Site by writers for the purpose of promoting BestCashCow.com or the Site.
  3. You acknowledge and agree that BestCashCow.com may preserve Content you post to the Site and may also disclose such Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Member Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BestCashCow.com, its owners or operators or third parties.
USE OF THE SITE  

You agree not to utilize or otherwise access the Site for any unlawful purpose, including the violation of any applicable securities laws, or for any purpose that encourages or facilitates unlawful or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, libelous, tortuous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of BestCashCow.com, and you agree not to use the Site to promote other on-line services that are competitive with BestCashCow.com or the Site.  

POSTING OF CONTENT

In connection with any Content that you post to the Site, you further agree that you will not: (i) submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BestCashCow.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BestCashCow.com or any third party; (iii) submit Content that is unlawful, obscene, pornographic, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, including a securities law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business.  BestCashCow.com reserves the right at any time to remove Content that it deems overly offensive, that is not consistent with this policy, or that it deems a harm to the Site's ongoing business or to third-parties.

RESPONSIBILITY FOR THE CONTENT YOU POST

You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, not BestCashCow.com, are entirely responsible for all Content that you post or otherwise make available via the Site.   You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a submission, and such liability shall survive any termination of this Member Agreement or your membership to the Site.  Therefore, you will be responsible for any violation of applicable laws, including securities laws, which you promulgate or further through Content submitted to the Site.  You will also be responsible without limitation for any damages suffered by BestCashCow.com or a third party resulting from Content you submit.  You agree unequivocally to indemnify BestCashCow for any accountability or monetary damages that may be assessed to the Site resulting from any violations that you may commit.  You also recognize that the Site may be compelled, or may volunteer, to disclose your identify to further any violation of applicable law. 

COPYRIGHTED MATERIAL

BestCashCow.com owns a copyright in all aspects of the Site original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Site, as well as in BestCashCow.com's original content on the Site.

YOUR USE OF CONTENT

You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Content other than your own. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of BestCashCow.com and the copyright owner. You may not remove, change or obscure any copyright notice, author attribution, trademark legend or other proprietary notice. You acknowledge that you do not acquire any ownership rights in the Content by downloading or printing copyrighted material. You shall not use Content or the Site in any manner except as expressly permitted by this Member Agreement or any rules and policies posted on the Site. You may read the site's copyright policy here.

CHANGES TO THE SITE

All features of the Site are subject to availability, and BestCashCow.com and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Site. BestCashCow.com may, at any time, without liability, change or discontinue any aspect or feature of the Site without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use. 

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

Users of the Site are required to complete the Site's registration process. Your membership to the Site is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Site under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify BestCashCow.com of any unauthorized use of your password or account or any other breach of security by e-mailing the BestCashCow.com administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. BestCashCow.com bears no responsibility for your failure to comply with this section or to take appropriate security measures.

YOUR REGISTRATION OBLIGATIONS

You agree to: (a) abide by the terms of the Member Agreement and all other rules and policies posted on the Site; (b) honor the requests made by BestCashCow.com and its agents with respect to your actions on the Site; (c) provide us with accurate, complete registration information when registering as user of the Site; and (d) check for updates and update notices of the Member Agreement and the rules and policies posted on the Site.

THIRD PARTY CONTENT

BestCashCow.com does not control or monitor the Content posted via the Site and does not guarantee the quality of such Content. The Site Content is supplied by third-party members of the Site and not the owners or operators of BestCashCow.com or the Site. The information and opinions in the Content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of BestCashCow.com. Neither BestCashCow.com or its owners or operators are responsible for the Content, accuracy opinions, advice or statements made on the Site by anyone other than authorized BestCashCow.com employees or agents. You understand that by accessing the Site, you may be exposed to Content that is erroneous, deliberately misleading, offensive, indecent or objectionable, and that you alone will bear all consequences of actions that you take in reliance on such Content.

LINKS TO OTHER WEB SITES

The Site may contain links to other web sites. Inclusion of any linked web site to our Site does not imply approval or endorsement of the linked web site by us. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us.  You understand that by accessing these linked web sites, you may be exposed to Content that is erroneous, deliberately misleading, offensive, indecent or objectionable, and that you alone will bear all consequences of actions that you take in reliance on such Content.

TERMINATION

You agree that BestCashCow.com may, in its sole discretion and without liability, terminate your membership to the Site or remove and discard any Content with or without notice, if BestCashCow.com believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the Member Agreement or the Site rules and policies or that your activity interferes with proper use of the Site by others. All provisions of this Member Agreement which by their nature are intended to survive the termination of your membership or this Agreement, including but not limited to the clause below "DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION" shall survive any such termination.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION

THE SITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER BestCashCow.com, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY "AFFILIATED PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILIITY OF ANY INFORMATION OBTAINED FROM THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BestCashCow.com OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SITE OR THE CONTENT CONTAINED ON THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER BestCashCow.com NOR ITS AFFILIATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IN THE EVENT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BestCashCow.com AND ITS AFFLIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED FIFTY US DOLLARS ($50), AND SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST BestCashCow.com OR ITS AFFILIATED PARTIES.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BestCashCow.com AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS MEMBER AGREEMENT OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE SITE.

MISCELLANEOUS

This Member Agreement and any rules and policies, as amended from time to time, that are established by BestCashCow.com and posted on the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Site, the Content, and the subject matter of this Member Agreement. This Member Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. 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. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this Member Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

TRADEMARKS

BestCashCow.com and each of its logos are trademarks of BestCashCow.com, LLC. All rights reserved. Trademarks appearing on the Site are the property of their respective owners.

Financial products of all nature bear inherent risks and this website is not a financial advisory service; it is a forum for users to share and to compare notes and observations on financial publications. The website provides, free of charge, the technical and logistical apparatus and the medium for users to share and to publish financial information and to comment on publications. As such, the website’s operator can not and does not take responsibility for information, observations or opinions of any sort or nature provided by third parties with whom it is not affiliated who use the website to publish, to comment or as a means of solicitation. Users are specifically warned against following any advice related to specific instruments, including, but not limited to, equity securities, that may be provided by other users directly on this site or on web pages to which other users have provided links on this site. BestCashCow.com can not and does not check or verify the qualifications and credentials of users who publish or comment on this site or on linked pages. Users should seek personalized advice from qualified professionals regarding all personal financial issues and evaluate the risks and applicability to their own circumstances of each financial product discussed regardless of who the publisher is or purports to be. Should you, through your use of this site, identify an individual or organization purporting to offer personalized advice, you bear all responsibility to ensure that the individual or organization has the qualifications that they may represent on the website, and that their advice is appropriate for your circumstances. On certain webpages, BestCashCow.com provides information related to rates on US-based savings accounts, CDs, short-term government bonds, and other US cash equivalent securities, also free of charge to internet users for their independent use. The accuracy of this information is not guaranteed, and the information, like all other information on this website, should not be construed to provide investment advice, nor to endorse a financial product of any sort.

© 2007 BestCashCow.com, LLC. All Rights Reserved. Terms under which this service is provided to you. Privacy Policy.