By accessing the website of GlobaLink Securities, Inc. (“GlobaLink”), you agree to accept the provisions set forth in this User Agreement. GlobaLink reserves the right to amend, change or modify this User Agreement from time to time. By accessing GlobaLink’s website after any changes, amendments or modifications made by GlobaLink to this User Agreement, you also agree to accept those changes, amendments and/or modifications.
GlobaLink shall not be held liable for any inaccuracy, error or delay in, or omission of, any information or the transmission or delivery of information or the delay in transmission or delivery of information, or for any loss or damage arising from or caused by any such inaccuracy, error, delay or omission, non-performance or interruption of any services provided by GlobaLink’s website due to any negligent act, omission, force majeure or any other causes beyond the ordinary control of GlobaLink.
If you choose to open an account with GlobaLink, or if you are an existing customer with GlobaLink and would like to trade securities on-line, please refer to your brokerage account service agreement with the clearing agent, which contains additional terms and conditions.
You agree that nothing in this User Agreement shall be construed as a solicitation or recommendation to buy or sell any securities.
There are links on GlobaLink’s website to connect GlobaLink to other sites on the Internet. You agree that GlobaLink is not responsible for the availability of such sites, does not endorse such sites, is not responsible for the contents, advertisements or other materials contained on such sites and cannot be held responsible for any damage or loss caused or resulted from the use or reliance on the contents contained on such sites or from access of such sites.
GlobaLink reserves the right to modify or discontinue, temporarily or permanently, any services provided on its website without prior notice. You agree that GlobaLink cannot be held liable for any damages or losses caused by the modification or discontinuance of such services.
Any rights not expressly granted herein are reserved.
DISCLAIMERS; LIMITATIONS OF LIABILITIES
Although the information, contents or advertisements (the “Information”) contained on, distributed through or linked to, downloaded or accessed from and services contained on, this website is created by GlobaLink or obtained from sources that are, to GlobaLink’s knowledge, reliable, GlobaLink does not represent, endorse or guarantee, (a) the accuracy, correctness, integrity, completeness or timeliness of the Information; or (b) that the Information complies with any requirements of any private or public organization or association, or the securities laws or regulations of any jurisdiction. GlobaLink is not responsible for investment decisions, damages or other losses resulting from the use of the Information. The timeliness of the Information is dependent upon GlobaLink’s collection schedule for the data upon which such Information is based and the level of cooperation from the sources of such Information, which are outside of GlobaLink’s control. The Information provided on GlobaLink’s website does not constitute an advice or recommendation concerning the nature, potential, value or suitability of any securities, transactions, investment strategies or investment services. In addition, GlobaLink does not represent, endorse or guarantee the accuracy or reliability of any of opinions provided by others which are posted on GlobaLink’s website.
You agree that GlobaLink is not responsible for unauthorized access to or alteration of any transmissions or data, any materials or data sent or received, or not sent or received or any transactions entered via GlobaLink’s website. You further agree that GlobaLink is not responsible for any threatening, defamatory, obscene, offensive, improper or illegal contents or conduct of others who use GlobaLink’s website. You further agree that GlobaLink is not responsible for any contents sent or transmitted by others using GlobaLink’s website.
All stock quotes are powered by other market data providers (the “Data Providers”). With regard to delayed quotes, NYSE quotes are delayed by at least 20 minutes; other quotes are delayed by at least 15 minutes. With regard to real-time quotes, they are made available without delay following the receipt of such quotes from the Data Providers, however, your actual receipt of the quotes may be delayed by the transmission over the internet. All quotes are labeled with “time of last trade.” All stock quotes are believed to be accurate and timely, however, the accuracy or the timeliness of the stock quotes is not warranted or guaranteed by the Data Providers or GlobaLink. All times references are U.S. Eastern Standard Time. You should consult with a broker, financial advisor or representative for the actual stock prices. The stock quotes cannot be used for any purposes other than for your personal use. It is prohibited to use, resale or redistribute the stock quotes for commercial purposes.
IN ADDITION, GLOBALINK DOES NOT GUARANTEE THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND/OR ACCURACY OF THE INFORMATION, CONTENTS OR SERVICES PROVIDED BY GLOBALINK ON ITS WEBSITE FOR ANY PURPOSES. GLOBALINK RESERVES THE RIGHT TO MAKE PERIODICAL CHANGES, ADDITIONS, AMENDMENTS, MODIFICATIONS OR IMPROVEMENTS TO THE WEBSITE WITHOUT INCURRING ANY LIABILITIES. THE INFORMATION, CONTENTS AND/OR SERVICES ARE PROVIDED “AS IS” AND ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. GLOBALINK DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENTS, ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE, AS WELL AS IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GLOBALINK DOES NOT REPRESENT OR WARRANT THAT IT WILL CONTINUE TO OPERATE ITS INTERNET WEBSITE IN ITS CURRENT FORM, THAT ITS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION, THAT ITS WEBSITE WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF YOU, OR THAT ANY MATERIALS ON ITS WEBSITE OR THE SERVER THAT MAKES ITS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS. GLOBALINK SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE INFORMATION, CONTENTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE AND ACCESS TO THE INFORMATION, COTNENTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE INFORMATION, CONTENTS OR SERVICES, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR THAT THE FORMAT FOR THE INFORMATION, CONTENTS OR SERVICES IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
GLOBALINK IS ALSO NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY INFORMATION OR PERSONALIZED SETTINGS.
REGARDLESS OF THE BASIS ON WHICH ANY VIEWER MAY ALLEGE AGAINST GLOBALINK, IN NO EVENT SHALL GLOBALINK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OF GLOBALINK’S WEBSITE, THE FAILURE TO PROVIDE SERVICES BY GLOBALINK, THE DELAY OR INABILITY TO USE GLOBALINK’S WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF GLOBALINK’S WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABLITY OR OTHERWISE, EVEN IF GLOBALINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY REMEDY IS TO DISCONTINUE USING OF GLOBALINK’S WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply in those specific jurisdiction.
TERMS AND CONDITIONS
You are solely responsible for the use of GlobaLink’s website and the use of any materials or data obtained by you through GlobaLink’s website. If you download or otherwise obtain any information through GlobaLink’s website, you are solely responsible for any damage to your computer system or any loss of data as a result thereof.
The information or contents posted on GlobaLink’s website do not constitute legal, investment or tax advice or recommendations of any securities. You are responsible to evaluate any information obtained by you from GlobaLink’s website in order to determine if such information fits your personal needs.
You acknowledge that the technical processing and transmission of the data, information or contents may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks and devices.
Because of the globalization of the Internet, you agree to comply with all local, state, federal, domestic, national and international treaties, laws, rules and regulations, especially the laws, rules and regulations of the U.S. and the country in which you reside.
GlobaLink reserves its right, at its sole discretion, to terminate the use of GlobaLink’s website by any user any anytime without prior notice, if it deems that the use of its website by that user is in violation of any local, state, federal domestic, national or international treaties, laws, rules or regulations or any terms, conditions, rules or policies of GlobaLink.
The information, contents or any other materials on GlobaLink’s website is the property of GlobaLink or other information providers and is protected by copyright, trademark or other applicable law. You agree that GlobaLink will only grant a personal, non-transferable, non-exclusive right and license to you for your use of the information, contents, necessary software or codes of necessary software on a single computer, and that you shall not copy, modify, create any derivative work of, reverse engineer, reverse assemble or other attempt to discover any source code, sell, assign, sub-license, grant any type of interest in or transfer any rights in such information, contents or other materials, or allow a third party to do so. You agree not to reproduce, copy, transmit, disseminate, sell, distribute, publish, broadcast or otherwise commercially exploit such information or contents without first obtaining prior written consent from the information provider(s). You agree not to access GlobaLink’s website by any means other than through the interface that is provided by GlobaLink for use in accessing the said website.
Termination of Services
GlobaLink respects the rights of others and expect its user to do the same. GlobaLink, therefore, reserves its right to terminate any accounts at its sole discretion any anytime without prior notice. The bases, upon which the accounts may be terminated, include, but are not limited to, the following:
1. A user uses any services of GlobaLink to upload, post, email or otherwise transmit any data, text, files, links, software, communications or other materials or information when the user does not have the right to do so under any law or under any contractual or fiduciary relationship, or when GlobaLink considers such conduct is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist, invasive of another’s privacy, or otherwise objectionable;
2. A user participates in activity that causes a disruption in normal services of GlobaLink;
3. A user fails to provide current, accurate and complete information on the registration form or fails to promptly update any information provided by the user on the registration form;
4. A user uploads, posts, emails or otherwise transmits any materials that contains viruses or other computer codes, files, programs or attachments designed to interrupt, destroy or limit the function of computer software or hardware or telecommunications equipment;
5. A user misuses GlobaLink’s services, including but not limited to, transmitting any data, information or other materials via GlobaLink’s services, intentionally or unintentionally, in violation of any applicable local, state, federal, national or international law or regulations; such misuse includes but not limited to market manipulation, offering to buy or sell securities or dissemination of insider information, false or misleading information, information relating to securities subject to regulatory quiet period and/or information relating to penny stocks;
6. A user who has not logged on to the account for over six months;
7. A user participates in any fraudulent behavior;
8. A user collects or stores information, including but not limited to e-mail addresses, of others without their consent or provides such information to others;
9. A user uses GlobaLink’s services in interference with another user’s use and enjoyment of GlobaLink or another individual’s or entity’s use and enjoyment of similar services provided by GlobaLink; or
10. A user participates in an activity, which is deemed inappropriate or in violation of the User Agreement by GlobaLink.
Unless otherwise specified as property of its suppliers or content providers, all contents and information on GlobaLink website Sites are: Copyright © 2000 GlobaLink Securities, Inc, 17800 Castleton Street, Suite 630, City of Industry, California 91748 and are GlobaLink’s property. Any information and/or contents posted on GlobaLink’s website contain valuable copyrighted and proprietary materials of GlobaLink or its suppliers or content providers. Such contents and information, including but not limited to any logos, graphic images, buttons, text and marks may not be copied, reproduced, republished, uploaded, transmitted, distributed or posted in any way without the prior written permission by GlobaLink. You may download, display or print one copy and one copy only for your personal, non-commercial use, provided that you will not delete all copyright, trademark and other proprietary notices. You may not modify or alter any portions of the contents or information.
GlobaLink respects the intellectual property rights of others and expects its members and users to do the same. GlobaLink may, at its sole discretion, terminate the use or membership of users who infringe or otherwise violates the rights of others.
If you believe that your work has been improperly copied which constitutes copyright infringement, please provide GlobaLink’s Copyright Agent the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You should send the notice to the following:
customer service department
GlobaLink Securities, Inc.
3452 E Foothill Blvd., Ste 1040
Pasadena, CA 91107, USA.
By accessing GlobaLink’s website, you agree to defend, indemnify and hold harmless GlobaLink, its agents, officers, directors, affiliates, shareholders, employees, agents, assignees, and attorneys from and against any and all claims, liabilities, losses, damages, costs (including but not limited to reasonable attorneys’ fees and costs) and expenses directly or indirectly resulting from or arising out of your access to GlobaLink’s website.
The title for each section has no legal effect.
This User Agreement shall constitute the entire agreement between you and GlobaLink concerning your access to GlobaLink’s website, superseding any prior agreements between you and GlobaLink concerning the same issue. However, you may be subject to additional terms and conditions set forth by GlobaLink for some specific services provided by GlobaLink on its website. Before you access any specific service provided by GlobaLink, please check the specific terms and conditions set forth by GlobaLink concerning that service.
The User Agreement and the relationship between you and GlobaLink shall be governed by the laws of the State of California, and the courts located within the county of Los Angeles, California, shall have the exclusive personal and subject matter jurisdiction over any disputes arising from your use of GlobaLink’s website. Use of GlobaLink’s website is prohibited in any jurisdiction which does not give effect to all provisions of these terms and conditions except as specifically provided in this User Agreement.
GlobaLink’s waiver of the breach of any one or more provisions of this Agreement will not be deemed or construed to be a waiver of other breaches or subsequent breaches of the same provisions. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable. Any dispute between you and GlobaLink arising out of or related to the use of GlobaLink’s website must be filed within one year after such claim or cause of action arose or be forever barred. You may not bring legal action concerning any disputes between you and GlobaLink arising out of or related to the use of GlobaLink’s website.