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Niveza, Inc ("Niveza") provides a virtual investment environment and services associated therewith for the sharing of finance and investment-oriented content on and through the Internet (collectively, the "Services") by our users on the Niveza website, located at www.niveza.in (the "Niveza Website"), as Niveza currently provides or may provide in the future (collectively with the Services, and Niveza Website, the "Site"). Niveza offers the Site as a forum to encourage the open exchange and use of financial and investing ideas, suggestions, opinions and information. Subject to the restrictions provided herein, you are encouraged to use and share the financial and investment information provided through the Site to collaborate with and engage other individuals. Niveza hopes the Site's simulated portfolio exercises and open exchange of information helps you to learn about the financial industry and to improve your investment strategies.
In accessing the Site you agree that
You understand that the Site and content thereon involve matters with respect to finance, such as investment strategies, stock quotes and in particular the performance of certain stocks, stock portfolios and investors. The Site merely gathers, processes and makes information available to you. The information available includes the investments and past performance of the virtual portfolios of other site users. You acknowledge that:
4 Termination and Cancellation
5 Third Party Links
The Site or content thereon may provide links to third-party websites or resources. You acknowledge and agree that Niveza is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Niveza does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6 Access, Intellectual Property Rights and Ownership
7 Restrictions You agree you will not do any of the following while using or accessing the Site or any content thereon:
8 Copyrighted Materials: No Unauthorized Use
If you become aware of misuse of the Site or content thereon by any person, please contact Niveza to report any abuse. Niveza has adopted and implemented a policy that provides for the termination of accounts of members who infringe the rights of copyright holders. Please see the Niveza Copyright and Intellectual Property Policy for further information, which can be found here.
9 Niveza Rules
10 Disclaimer of Warranties
Your use of the Site, Content and User Information is at your sole discretion and risk. The Site, Content and User Information, and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Niveza. NIVEZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT AND USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. NIVEZA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT, AND USER INFORMATION; OR (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM BULLETIN BOARDS, MESSAGE BOARDS, CHAT SERVICES OR OTHER ONLINE CONFERENCING. No advice or information, whether oral or written, obtained by you from Niveza, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
11 Limitation of Liability
IN NO EVENT SHALL NIVEZA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, AND USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT NIVEZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL NIVEZA'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $0.
You agree to defend and indemnify Niveza and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with
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