Terms and Conditions Terms and Conditions
Welcome to NymbleInvestor.com, a product and service of Nymble Investments. In the following text, we’ll refer to ourselves as "Nymble", "us", "we", or "NymbleInvestor.com" which collectively covers Nymble Investments, its ownership, staff members, and contributors. We’ll also occasionally refer to the NymbleInvestor.com web site as just the "site". Given that information, you ought to be able to figure out who you are in the following text.
Your use of this site and the information it contains is subject to this document. Bold text, capital letters, and section titles are to draw your attention to particularly important parts without limiting the applicability and importance of the entire document.If you don’t agree with the document, and more importantly agree to be bound by it, then you are prohibited from accessing this site and the information it contains.
We are going to be wrong. This is the most important thing for you to understand before you access NymbleInvestor.com. Not only will we be wrong, sometimes we’ll be spectacularly wrong. Please realize we are not forcing you to, or even recommending you, take any position in any of the investment vehicles appearing on our site. We’re not twisting your arm to be here and we expect, as part of your acceptance of these Terms and Conditions, you to take complete personal responsibility for any profits and losses as a result of the information presented on this site. In addition, you agree to indemnify us against claims from any third party associated with you. We’re not sure how much clearer we can make this part. If, after reading this, you or your lawyers think that we’re somehow responsible for a loss you experienced (we’ll assume up front you and your lawyer are not trying to circumvent this document to send us a cut of your successful trades) contact us and we’ll set you straight. We’re neither your investment advisor nor your mother. Don’t confuse our plain language in this section for a lack of commitment to the ideas presented here. We simply want to make our intentions on this matter very clear and our experience tells us plain language does that a whole lot better than the legalese lawyers would rather we use. The only way we can do what we do is if you agree to abide by ALL of these Terms and Conditions, but most especially the ones covered in this paragraph.
NymbleInvestor.com is not a stock recommendation site. This is important. We do not publish "recommendation lists", or presume to pick stocks that are appropriate for your investment priorities. Only you and your professional advisors can presume to pick stocks for you. Rather, we publish "prospects". In the world of sales, it is widely accepted a prospect is not a done deal. It is the first step in a process that includes suitability analysis, research, cost-benefit analysis, and more research. Only after all these steps are done is the sale closed. "Prospects" on NymbleInvestor.com are very similar: you need to do additional research, a suitability analysis as to how the investment fits your own strategies, more research, and cost/benefit calculations before you actually "close the deal" and take a position. Your use of this site is conditional upon your agreement to perform your own due diligence on the prospects listed on the site. You warrant to us any positions taken are done so based primarily upon your independent due diligence and not merely upon our discussions of the investment vehicle on our prospect sheets or elsewhere in our site.
We are committed to disclosing whenever a Nymble staff member or site contributor has a position in an investment vehicle appearing on our site. A section of the site will be set up to manage these disclosures and they will appear, when applicable, attached to each prospect at the time of its publication. Disclosure will only cover specific investment vehicles and not entire market sectors. For example, we may have a research report on Maxim Semiconductor (NASDAQ:MXIM) and the semiconductor industry as a whole. You would see a disclosure concerning staff ownership and another on position changes in MXIM stock, but not disclosure on ownership of other semiconductor stocks not specifically listed on the site. We will disclose ownership, changes in ownership levels, and termination of positions in a prospect investment vehicle. We will make a very, very strong effort to never miss a disclosure. However, with several contributors and what will likely be hundreds of vehicles listed on the site as time goes on, we’re certain we’ll miss a couple. You agree that our efforts in this regard will be judged not on the perfection of the disclosures, but on a "best efforts" basis.
All materials published on NymbleInvestor.com, including, without limitation, information, text, photographs, images, graphics, software, audio, and video and/or other visual reproductions (the 'Content') are intended solely for your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part.
All Content is owned or controlled by Nymble or the party credited as the provider of such Content. The Content, and the entire NymbleInvestor.com site, including without limitation all materials published by Nymble, is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Nymble owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the original components of the Content itself. You shall abide by all copyright notices, conventions, and other copyright laws. You shall abide by all copyright notices, information or restrictions contained in any Content accessed by or through NymbleInvestor.com. Reproduction of the NymbleInvestor.com site, in whole or in part, without written permission of Nymble is strictly prohibited.
To the extent that you may download or copy Content, you may only do so for personal non-commercial purpose(s) and use(s), and provided that you maintain all copyright and other notices contained in such Content. You shall not store the Content in any media other than your personal computer on in paper printouts (when allowed). In the event you download any software from NymbleInvestor.com, such software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, are licensed to you by Nymble unless they are licensed separately by a third party as designated at the time of install. You may not redistribute, sell, decompile, reverse engineer, or otherwise reduce the software to a human-perceivable form. Nymble retains full and complete title and rights to all intellectual property in NymbleInvestor.com.
A unique feature of NymbleInvestor.com is that we will occasionally post on stock message boards at other sites. Using the pseudonym "NymbleInvestor", or others, we will discuss information also contained in these pages. We will not do this for every stock and will rarely do it with the detail presented here on this site.
Your privacy is important to us. As a part of operating the site, we are collecting certain information automatically each time you visit. We also collect information during your initial sign in. This is common at almost every web site of any sophistication. The automatically collected information has more to do with what site you visited just before coming here, what screen resolution you are using, what browser and version, page views, time spent, etc. The manually collected information is far more personal. We will never share specific information about you with anyone outside this company unless ordered to by a court of law, when necessary to collect our subscription or other fees, or as part of enforcing these Terms and Conditions. We will share group demographics with advertisers and others (i.e. the number of 18-25 year old females using the service). We may share the automatically collected information with advertisers and programming geeks too, but also in a group format. We will not purposefully release any personal information to any other party except as contemplated above. If at any time you believe that Nymble has not adhered to these principles, please notify us by email and we will use all commercially reasonable efforts to promptly determine and correct the problem.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Nymble AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
Nymble AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Nymble AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Nymble AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Nymble OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Most content and/or services on this site are offered to you conditioned on your payment of subscription fees. If you elect to purchase subscription based content/services and transmit to Nymble a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. You may cancel your subscription through the Subscription Services feature of this Web site, and you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid and we do not pro-rate partial months except as specified below). Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.
Without limitation to the preceding, if you are found to be passing the information on this site around to your buddies or others in a way that reduces the number of subscriptions we could be selling, we’ll hold you criminally and monetarily liable for copyright infringement and lost revenue. Besides, we’re not that expensive. Tell your friends to quit being so cheap and subscribe.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this site, you warrant to Nymble that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This site will contain hyperlinks and advertisements for sites operated by parties other than Nymble. Nymble does not control such sites, and is not responsible for their contents. Nymble’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators.
SERVICE CONTACT
Contact webmaster@nymbleinvestor.com with technical questions or problems with this site.
MODIFICATION OF THESE TERMS AND CONDITIONS
Nymble reserves the right to change the terms, conditions, and notices under which this site is offered. You will be notified of any changes and be given the opportunity to terminate you subscription if you do not agree to the changes. If you decide to terminate your subscription for this reason, you will receive a pro-rated refund for the unused time remaining.
GENERAL
This agreement is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of this Web site even if the laws in your jurisdictions or other jurisdictions allow you to claim jurisdiction elsewhere. If a court rules your jurisdiction to be primary, you still agree to pursue this action in a court located in King County, Washington, U.S.A. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You are solely responsible and liable for determining your jurisdiction gives effect to all provisions of these Terms and Conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nymble as a result of this agreement or use of this site.
Nymble’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nymble‘s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Nymble with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and Nymble with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Nymble with respect to this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
The failure of Nymble to enforce any of the provisions hereof or the failure of Nymble to notify you of any violations of any of the provisions of this agreement shall not be construed as a waiver of the right of Nymble thereafter to enforce such provision.
DATA DISCLAIMER
Some of the information made available via this site may be dated and/or incomplete. The user is cautioned against the use of any data displayed via this site when making any kinds of determinations related to investing, business development, or other private or commercial activities for profit or otherwise without doing your own due diligence first.
You agree to indemnify and hold Nymble, 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 your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another.
STORAGE
User agrees that Nymble has no responsibility or liability for the deletion or failure to store any messages, prospect lists, research reports and other content maintained or transmitted by Nymble.
SALES AND USE TAXES
User understands the cost of of Subscription to the Nymble services includes Washington State Sales Tax, such sales tax not subject to the exemption of Users living outside the borders of Washington State. Nymble is of the opinion that Users outside the State of Washington are not subject to sales taxes on Nymble's Research Reports. If the government of the State of Washington advises Nymble this is not the case, User agrees the price paid for Research Reports will include Washington State Sales Tax. Under current federal law, it is Nymble's understanding User is subject to no home jurisdiction sales or use taxes. If this is not the case, or this situation changes in the future, User acknowledges prices paid for the Research Report or other services include your jurisdiction's sales/use taxes are included in the price paid.
TERMINATION
You agree that any termination of service under any provision of these Terms and Conditions may be effected without prior notice, and acknowledges and agrees that Nymble may immediately delete your account and all related information and bar any further access to such files or the Service.
If you have any questions about this text, please e-mail us at
October 17, 1999