Agreement Form 

TERMS OF USE 

WELCOME TO TENPERCENTDIVIDENDS.COM (“TPD”).  TPD PROVIDES ITS SERVICES TO YOU SUBJECT TO THE FOLLOWING TERMS OF USE.  THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TPD.  PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE.  BY USING THIS WEBSITE AND ANY OF TPD’s SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.  TPD, ITS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND TPD EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  TPD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHICH SHALL INCLUDE BUT NOT BE LIMITED TRADEMARK, COPYRIGHT, LIKENESS OR OTHER INFRINGEMENTS OF ANY KIND.  THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.  

1. ACCEPTANCE OF TERMS: TPD provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you.  You can review the most current version of the TOU at any time at: http://www.TENPERCENTDIVIDENDS.COM.  In addition, when using particular TPD service(s), you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.  TPD also may offer other services from time to time that may be governed by different terms of use.  

2. DESCRIPTION OF SERVICE: TPD currently provides information about a dividend, including but not limited to the stock symbol, last share price, ex-dividend and payment dates, dividend payment frequency, and dividend amount.  Other financial information may be posted from time to time and without notice.  Information relating to any of the above may also be deleted from time to time, without notice.  All of TPD services delivered through this website are referred to as “Services”.  Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new information or other services, properties or software, shall be subject to this TOU.  You understand and agree that the Service(s) are provided "AS-IS" and that TPD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to display or store any data related thereto to you or to Third Parties including but not limited to information we provide which may occur during any translations, downloads, etc.  In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.  In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.  TPD shall not be responsible for providing any additional equipment to allow you or Third Party Users to access the website or data.

3. YOUR OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the Service's subscription form (such information being the "Subscription Data") and (b) maintain and promptly update the Subscription  Data to keep it true, accurate, current and complete; (c) pay when due any access or service fees as required by TPD.  If you provide any information that is untrue, inaccurate, not current or incomplete, or TPD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or if you fail to pay any fees due to TPD, then TPD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by your or Third Party Users.

4. SUBSCRIBER ACCOUNT, PASSWORD, AND SECURITY: You agree to furnish a valid e-mail address and a password upon completing the subscriber process.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify TPD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  TPD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.  Your password represents your account only and is to be used only by you to access the information subscribed.

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, 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.

6. INDEMNITY: You agree to indemnify and hold TPD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of using the services provided.

7. NO RESALE OF SERVICE: You agree not to forward, 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.

8. MODIFICATIONS TO SERVICE: TPD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that TPD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

9. DEALINGS WITH THIRD PARTIES USERS: You agree that TPD 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 Third Party-Users who use the Service.

10. TPD'S 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 TPD 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.  TPD grants you a personal, non-transferable and non-exclusive right and license to use the object code of its INFORMATION on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the INFORMATION.  You agree not to modify the Software in any manner or form, or to use modified versions of the Software/information, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

11. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:  

a.    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; TPD 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 AND NON-INFRINGEMENT.

b.    TPD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE: (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.     ANY IMAGES OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TPD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TPD SHALL 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 TPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IF TPD IS FOUND IN A COURT OF LAW TO BE LIABLE FOR ANY OF THE ABOVE, SUCH SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID TO TPD BY YOU.

13. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PREVIOUS SECTIONS MAY NOT APPLY TO YOU.

14. NOTICE: Notices to you may be made via either email or regular mail.  The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.

15. TRADEMARK INFORMATION: TPD, the TPD logo, trademarks and service marks, and other TPD logos and product and service names are trademarks of TPD.  Without TPD'S prior permission, you agree not to display or use in any manner, the TPD Marks.

16. COPYRIGHTS: TPD respects the intellectual property of others, and we ask our users to do the same.

17. GENERAL INFORMATION: The TOU constitute the entire agreement between you and TPD and govern your use of the Service, superceding any prior agreements between you and TPD.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.  The TOU and the relationship between you and TPD shall be governed by the laws of the State of TEXAS without regard to its conflict of law provisions.  You and TPD agree to submit to the personal and exclusive jurisdiction of the courts located within the county of TARRANT, TEXAS.  The failure of TPD to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.  If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU 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 the TOU must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.  The section titles in the TOU are for convenience only and have no legal or contractual effect.

18. VIOLATIONS: Please report any violations of the TOU to the TPD webmaster at x0000grbr@yahoo.com.

All contents © 2003 Gerald R. Brookman, TenPercentDividends.com