PITSTOCK.COM TERMS OF SERVICE

Terms of Service – Thank you for using Pitstock.com, Inc ("Pitstock"). Pitstock provides its services to you, subject to the following Terms of Service ("TOS").

1. Agreement and General Terms of Use

1.1 This agreement governs your use of Pitstock services (the "Service"), including without limitation All Pitstock.com software . Additional terms and conditions of use applicable to specific services may also be posted in such areas specific to those services. This agreement, together with any such additional terms and conditions, are referred to as this "Agreement".

1.2 In consideration of Pitstock providing you the Service, you agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your email account and service, and for ensuring that such use complies with the provisions of this Agreement.

1.3 Pitstock reserves the right, in its sole discretion, to change, limit, modify, or discontinue any aspect or feature of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Pitstock as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of Service.

1.4 Pitstock reserves the right at any time and from time to time to modify, restrict or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pitstock shall not be liable to you or to any third party for any modification, suspension, limitation or discontinuance of the Service.

1.5 Pitstock reserves the right, in its sole discretion, to limit or restrict the use of the Service as well as suspend or revoke your rights to use the Service based on Pitstock belief that your use of the Service violates that permitted by this Agreement or applicable law.

2. Privacy Policy

Retaining your privacy is important to Pitstock. Registration Information and certain other information about you is subject to our Privacy Policy.

3. Description of Service

3.1 Pitstock currently provides access to the vast resources and information available on the World Wide Web via email, internet client software and chat-rooms. This access is provided as part of some or all the services Pitstock offers.
3.2 Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS.
3.3 You understand and agree that the Service is provided "AS-IS / AS AVAILABLE" and that Pitstock assumes no responsibility for the timeliness, deletion, mis-delivery or failure associated with Service.

4. Your Registration Obligation

4.1 In consideration of your use of the Service, you agree to provide true, accurate, current and complete information ("Registration Data") about yourself as prompted by the Service’s registration form and any subsequent requests for information updates.
4.2 Pitstock has the right to suspend or terminate your access and refuse any and all current or future use of the Service (or any portion thereof) if it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

5. Use of Service

5.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), available via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Pitstock, are entirely responsible for all Content that you request and receive via the Service. Pitstock does not control the Content available via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pitstock be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

5.2 You agree to not use the Service to:

1. obtain or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Pitstock official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. submit, retrieve or otherwise transmit any Content that you do not have a right to receive or transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. submit, retrieve or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. use the information, data or resource available via the Service with any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. submit, retrieve or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. act in a manner that negatively affects other users' ability to engage in use of the Service;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. "stalk" or otherwise harass another; or
13. collect or store personal data about other users.

5.3 You acknowledge that Pitstock does not pre-screen Content, but that Pitstock and its designees shall have the right (but not the obligation) in their sole discretion to refuse or block any Content that is available via the Service. Without limiting the foregoing, Pitstock and its designees shall have the right to block any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or provided by Pitstock or submitted to Pitstock.

5.4 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5.5 By using Service you confirm you are the owner, registered user, or administrator of any email address(es) or otherwise have permission or authorization to use same address(es) with Service.

5.6 Any software used in, associated with or included in Service may not be modified, duplicated, de-compiled or reverse engineered.

6. Advertising

6.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Pitstock shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

6.2 The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pitstock has no control over such sites and resources, you acknowledge and agree that Pitstock is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other material on or available from such sites or resources. You further acknowledge and agree that Pitstock 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.

7. Disclaimer of Warranties; Limitation of Liability

7.1 Pitstock does not review or monitor the content, subject or origination of messages delivered to you by Service. Pitstock is not responsible for any content you receive through Service.

7.2 NEITHER PITSTOCK OR ANY PROVIDER OF THIRD PARTY SERVICE OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PITSTOCK, ANY THIRD PARTY SERVICE PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF PITSTOCK, THIRD PARTY SERVICE PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES ADVERTISED THROUGH THE SERVICE. NEITHER PITSTOCK NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILE AVAILABLE FOR DOWNLOAD OR FORWARDED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

7.3 NEITHER PITSTOCK, ANY THIRD PARTY CONTENT OR SERVICE PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PITSTOCK (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, DISTRIBUTORS, INVESTORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PITSTOCK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

7.5 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PITSTOCK, THIRD PARTY CONTENT AND SERVICE PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Pitstock (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content or service providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Pitstock reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully reasonably required in the defense of any claim.

9. International Use

Recognizing the global nature of the Internet and email, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. Pitstock Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pitstock or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

12. Admonition for Service and Information Relating to Financial Matters

The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Pitstock shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

13. Miscellaneous

These terms and conditions shall be governed by and construed in accordance with the laws of the country of New Zealand, excluding its conflict of law provisions. You and Pitstock agree to submit to the personal and exclusive jurisdiction of the courts located within the country of New Zealand. The failure of Pitstock to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by the court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intention reflected in the provision, and the other provisions of these 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 these terms and conditions must be filed within one (1) year after such claim or cause of action arose. The section titles herein are for convenience only and have no legal or contractual effect. Pitstock reserves the right to change these terms and conditions at any time and from time to time.

14. Violations

Please report any violations of the TOS to TOS@Pitstock.com