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Terms of Use Agreement

Read These Terms of Use Agreement Before Accessing the Website.

This Terms of Use Agreement sets forth the standards of use of Gold Harvest Macro Solutions Online Service for both Registered and Non-registered Members. By using the Gold Harvest Macro Solutions website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.simpleminer.com, Gold Harvest Macro Solutions website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Gold Harvest Macro Solutions provides its Members with access to Macro software and other services related to Macro software such as forums and informational web pages. This includes access to our Simple Miner and Simple Trainer programs. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

a. Definitions

In this Agreement, “you” and “your” refer to the user of the Web Site. The words “we,” “our” and “us” refer to Gold Harvest Macro Solutions. “Agreement” refers to the terms and conditions stated below, or as amended by us from time to time.

b. General

The Web Site includes a wealth of macro information, including comments, opinions, articles, advertisements, graphics, photographs, videos, forms and forums (collectively “Content”). We provide such Content as a service to our users; however, it is not intended to serve as a substitute for any professional advice, such as legal advice. We urge you to seek advice from a competent professional before taking any action based on the Content contained on the Web Site. Gold Harvest Macro Solutions strives to provide you quality Content; however, we make no representation as to the accuracy, completeness, timeliness or suitability of such information. It is your responsibility to evaluate the information contained on this site. Gold Harvest Macro Solutions will not be liable for any damages resulting from your use of the information on our Web Site.

c. Restrictions

The Content available through the Web Site is property of Gold Harvest Macro Solutions or of its licensors or licensees (collectively “GHMS”, “Gold Harvest Macro Solutions”). This Content is protected by trademark, copyright, and other intellectual property laws. Information received through the Web Site may be reformatted, displayed, and printed for your personal, noncommercial use on the condition that you do not change, delete, hide, remove, or in any way make ineffective the trademark, copyright, or proprietary notices therein. You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Web Site, or access to the Web site. You agree not to create or establish, or direct any other person to create or establish: (i) a hyperlink, including but not limited to any deep link, to any page or location on the Web Site; or (ii) a frame containing any portion of the Web Site, on any other web site or text document with hyperlink capabilities. You are, however, free to establish a hypertext link to the main or top level web page of the Web Site from your home page, provided that the link properly attributes the Web Site to Gold Harvest Macro Solutions and does not imply any sponsorship of your site by Gold Harvest Macro Solutions or vice versa. You may not, however, create a link that incorporates or relies upon, in whole or in part, any content from any page on the Web Site, or that incorporates any copyrights, trademarks, or other intellectual property of Gold Harvest Macro Solutions unless you obtain the prior written consent of Gold Harvest Macro Solutions. Requests for permission to establish links to this site may be sent via email to Этот адрес e-mail защищен от спам-ботов. Чтобы увидеть его, у Вас должен быть включен Java-Script or to Gold Harvest Macro Solutions at the address listed below.

If you download software, files and images contained in or generated by software, or data accompanying software (collectively referred to as the “Software”) from the Web Site then you are deemed to have downloaded such Software solely for your personal, noncommercial home use. Gold Harvest Macro Solutions transfers neither the title nor the intellectual property rights to the Software upon the download of the Software. Rather, Gold Harvest Macro Solutions retains full and complete title to the Software as well as all intellectual property rights. You may neither sell, distribute, redistribute, license, nor reproduce the Software nor may you decompile, reverse engineer, or otherwise convert the software to human-perceivable form.

2. Disclaimer of Warranties

The site is provided by Gold Harvest Macro Solutions on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Gold Harvest Macro Solutions makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Gold Harvest Macro Solutions shall have no liability for any interruptions in the use of this Website. Gold Harvest Macro Solutions disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

GOLD HARVEST MACRO SOLUTIONS SHALL NOT be liable for any damages whatsoever, and in particular GOLD HARVEST MACRO SOLUTIONS shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if GOLD HARVEST MACRO SOLUTIONS has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Gold Harvest Macro Solutions, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Members Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Gold Harvest Macro Solutions of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Gold Harvest Macro Solutions.

6. Privacy

Your privacy is very important to use here at Gold Harvest Macro Solutions. We may use your information, such as your email address, to verify your identity, protect from fraud and to contact you for support. We may also send you updates about your account or new products. We ask that you do not submit personal information to the site without understanding that this information is not private from other users. Any information submitted to the website is deemed a grant to Gold Harvest Macro Solutions of a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form developed. Gold Harvest Macro Solutions may also use any ideas or techniques contained in this information to conduct research, development, manufacturing, and marketing. If you do not own this information you warrant that you have received all necessary consents from the owner of such Content. You will also hold Gold Harvest Macro Solutions harmless if any Content submitted is in violation of any such rights.
Personal information submitted by users may be employed for the purposes of maintaining the integrity of the website and its contents, and improving the quality of service provided. We reserve the right to disclose this information as required by law and when we believe it is necessary to protect our rights and comply with a judicial proceeding, court order, or legal process. We hold your privacy very high at Gold Harvest Macro Solutions, but we cannot guarantee that our security measures will prevent hackers from illegally obtaining this information.

7. Age Requirements

By continuing to use the Web Site, you hereby represent to Gold Harvest Macro Solutions that you are 13 years of age or older. If you are under 20 years of age, you may need to obtain the permission of your parent(s) or legal guardian to use the Web Site. We strongly suggest that you check your local, state, province, country or regional legal restrictions that may be applicable to your use of the Web Site.

8. Forum Use

The “Forum” chat service provided on this site enables you to participate in chat forums on various software-related topics. You acknowledge and agree that if you submit any Content to forums, you will be solely responsible for such Content. Gold Harvest Macro Solutions will not be liable in any way for any such Content submitted. You further agree that you will not:

a. Submit any Content, which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way;

b. Submit any Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;

c. Submit any Content which contains a virus or other harmful components;

d. Engage in activity that interferes with or disrupts the use of the Web Site by other users;

e. Submit any Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;

f. Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;

g. Make use of Message Board for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.

Gold Harvest Macro Solutions reserves the right to edit or remove any information posted at our discretion. Gold Harvest Macro Solutions is not liable for any inability to post, edit, or otherwise submit information to the forums. Gold Harvest Macro Solutions may establish procedures related to the use of these forums which may include limiting certain aspects of the service. Gold Harvest Macro Solutions is not responsible if this results in an inability to post information on the forums.

By submitting Content, via forum use or any other means, to the Web Site, you grant Gold Harvest Macro Solutions a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology now known or hereafter developed. Further, Gold Harvest Macro Solutions shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold Gold Harvest Macro Solutions harmless if any such Content submitted is in violation of any such rights.

Gold Harvest Macro Solutions will not be responsible for the Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information. For this reason we ask all users to be careful when considering the accuracy of information posted.

9. Modifications and Interruption to Service

Gold Harvest Macro Solutions reserves the right to modify or discontinue the Service with or without notice to the Member. Gold Harvest Macro Solutions shall not be liable to Member or any third party should Gold Harvest Macro Solutions exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Gold Harvest Macro Solutions does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

10. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

11. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Gold Harvest Macro Solutions makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Gold Harvest Macro Solutions makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

12. Governing Jurisdiction of the Courts of California

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California, USA.

13. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

14. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 Gold Harvest Macro Solutions, will all rights reserved, or is the property of Gold Harvest Macro Solutions and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Gold Harvest Macro Solutions is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Gold Harvest Macro Solutions.
Gold Harvest Macro Solutions ™ and www.simpleminer.com™ are proprietary marks of Gold Harvest Macro Solutions. Gold Harvest Macro Solutions’ trademarks may not be used in connection with any product or service that is not provided by Gold Harvest Macro Solutions, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gold Harvest Macro Solutions.

All other trademarks displayed on Gold Harvest Macro Solutions’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Gold Harvest Macro Solutions.

15. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.simpleminer.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
GHMS
238 Hazel street #3
Chico, CA 95928

By Telephone: (760) 522-7982

By Email: Этот адрес e-mail защищен от спам-ботов. Чтобы увидеть его, у Вас должен быть включен Java-Script

16. Botnets

Gold Harvest Macro Solutions retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Gold Harvest Macro Solutions reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

17. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Gold Harvest Macro Solutions, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Последнее обновление ( Wednesday, 22 April 2009 )
 
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