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RollingStock100 User Agreement


General Disclaimer

RollingStock100 does not warrant, represent or endorse the accuracy or reliability of any of the information, content, advertisements, or Third Party Sites and Content (as defined below) (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from RollingStock100, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer on or in connection with RollingStock100. You acknowledge that any use of or reliance upon any Materials shall be at your sole risk. RollingStock100 reserves the right, in its sole discretion and without any obligation, to make modifications to any portion of RollingStock100 at any time.

You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that RollingStock100 shall not be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of RollingStock100. Prior to any transaction in securities, you should consult with a qualified professional securities or financial advisor.

1. Agreement and General Terms of Use

1.1 This Agreement and General Terms of Use constitutes the agreement between RollingStock100 and you as a user who accesses or establishes a connection ("user," "you," or "your") to the RollingStock100TM service and/or other services based on the RollingStock100 service (collectively, the "Service"), which are owned and controlled by RollingStock100.

1.2 In consideration of RollingStock100 providing you access to 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 user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.

1.3 RollingStock100 reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. RollingStock100 will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.

1.4 RollingStock100 reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. RollingStock100 further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on RollingStock100's belief that your use of the Service violates that permitted by this Agreement or applicable law.

1.5 If you do not agree to the provisions of this Agreement or are not satisfied with the Service, your sole and exclusive remedy is to discontinue your use of the Service.

2. Rights in Service Content and the Service

2.1 All content provided by RollingStock100 on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by RollingStock100. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by RollingStock100. ROLLINGSTOCK100 is a registered trademark of, RollingStock100. or its subsidiaries. All other trademarks appearing on the Service are the property of their respective owners.

2.2 Content Provided by RollingStock100. You may search, retrieve, display, download, and print content provided by RollingStock100 (and not third parties) from the Service for your personal or internal business use, and shall make no other use of such content without the express written permission of RollingStock100. You will not make any changes to any such content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any such content that you use. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to RollingStock100 and/or its licensors.

2.3 Content Provided by Third Parties. In connection with your use of the Service, the Service may provide you links to other third party web sites that are not owned, licensed, or controlled by RollingStock100 and which contain content that is not owned, licensed, or controlled by RollingStock100 (collectively, the "Third Party Sites and Content"). This Agreement grants you no rights or licenses with respect to any Third Party Sites and Content and you agree that your use of any Third Party Sites and Content shall be in accordance with any agreements or other governing rules applicable to such Third Party Sites and Content. You acknowledge and agree that the Third Party Sites and Content and their content can and will change during the course of your use of the Service and RollingStock100 has no obligation to maintain or provide any Third Party Sites and Content.

3. User Activities and Privacy of User Information on the Service

3.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

3.2 RollingStock100 reserves the right to collect and use data about you and your use of the Service for its own internal purposes such as, for example, performing statistical analyses to assist us in improving the Service. RollingStock100 further reserves the right to distribute such data in forms. RollingStock100 may also distribute such data in forms that identify you individually or reveal your identity, but that identity will only be disclosed as an email address unless expressed by you to RollingStock100 for your name to be disclosed also.

4. Disclaimer of Warranties & Limitation of Liability

4.1 You expressly agree that use of the Service and the Third Party Sites and Content is at your sole risk. Neither RollingStock100 nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service or the Third Party Sites and Content will be uninterrupted or error free or that they will be free of viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from the use of the Service or the Third Party Sites and Content or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on or as a result of your use of the Service or the Third Party Sites and Content, any merchandise or services provided through the Service or the Third Party Sites and Content, or any links to other sites or services made available on the Service or the Third Party Sites and Content.

4.2 THE SERVICE AND THE THIRD PARTY SITES AND CONTENT, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE AND THE THIRD PARTY SITES AND CONTENT 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 IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.3 Under no circumstances, including, but not limited to, negligence, shall RollingStock100 (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Service or the Third Party Sites and Content, the Service, or the Third Party Sites and Content. 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 RollingStock100 (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content 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. In no event shall the total liability of RollingStock100 (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) to you exceed the amount paid by you to RollingStock100 during the twelve (12) months prior to any claim of injury or damage.

4.4 The General Disclaimer above is expressly incorporated by reference into and made a part of this Agreement.

5. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless RollingStock100 (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content 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. RollingStock100 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 as reasonably required in the defense of any claim.

6. Notices between us

You may contact RollingStock100 by sending electronic mail to any of the @RollingStock100.com addresses. You will be contacted by electronic mail sent to the address you provide to RollingStock100, or by posting a notice on the Service.

7. Termination

RollingStock100 may terminate this Agreement and your use of the Service, or discontinue the Service, for any reason upon notice at any time. RollingStock100 shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which RollingStock100, in its reasonable discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.

8. Law Governing Performance and Disputes

This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the state of Hawaii, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Hawaii and the United States District Court for the county of Honolulu in any and all actions, disputes, or controversies relating to this Agreement.

9. General Terms

This Agreement and any rules posted on the Service by RolllingStock100 constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either RollingStock100 or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of RollingStock100 and its successors, trustees, and permitted assigns. RolllingStock100 may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by RollingStock100 does not relieve you of your obligations under this Agreement.


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