GENERAL TERMS AND CONDITIONS OF USE
This website is owned, managed and operated by Zenect, LLC. By accessing this website you agree to be bound by these General Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this website.
These terms and conditions were last modified on: April 20, 2011
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE IS A PUBLISHER
Zenect, LLC is strictly a research publishing firm and does not provide individual investment advice to its subscribers. Zenect distributes commercial advertisements (report/release/advertisements) and other Information purchased and compiled from outside sources and analysts. Do no base any investment decision on information in this report/release/advertisement or any of our profiled companies. All information herein should be viewed as a commercial advertisement and is not intended to be used for investment advice. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The materials provided on the website are intended to be used for general informational purposes only. No information on the website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the website should not be relied upon for purposes of transacting securities or other investments. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.
Most investments involve risk of loss. This Publication does not have regard to the specific investment objective, financial situation, suitability, and the particular need of any specific person who may receive this Publication. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as a recommendation to buy, hold, or sell securities, or engage in any trading strategy. Such recommendations may only be made by a personal advisor or the broker you select. Investments recommended in this Publication should only be made after consulting with your financial advisor.
The reader should verify all claims and do his/her own research and due diligence before investing in any securities mentioned. Readers hereby acknowledge that any reliance upon any materials shall be at the reader’s sole risk. Neither Zenect, its outside sources or data vendors shall be held liable for any misinformation or errors contained in any SEC filing data or compiled data from issuing companies or from various data feeds.
For more information on prudent investing, including investment guides pertaining to risks of investing in penny stocks, see the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.finra.org. Among the various sources and actions that a reader of our publications may easily avail himself or herself to are: (a) reviewing SEC periodic reports (Forms 10-Q and 10K), reports of material events (Form 8-K), insider reports (Forms 3, 4, 5 and Schedule 13D) and other SEC reports that are easily accessible at www.sec.gov and/or the National Association of Securities Dealers (“NASD”) at www.nasd.com. Investors interested in purchasing securities are advised to contact the company directly, read the Prospectus and all other relevant public documents in full, request company financial information and to conduct their own research and due diligence. Information and Disclosure Statements and un-audited financial reports filed with the Pink Sheets are easily accessible at www.pinksheets.com. There is also publicly available information contained in commonly known search engines such as Google. Consult your personal financial or investment advisor before you invest.
Under NASD Rule 2711, Zenect is not defined as a financial analyst. Conclusions prepared by outside analysts are deemed to be reasonable at the time of issuance of the report. All decisions are made by the outside analyst and are independent of outside parties or influence. Neither the analyst’s compensation nor any compensation received by Zenect is related to the specific recommendations or views published on this website or contained in any Publication, nor is it related to price performance or volume of shares traded in the referenced security.
Do not base any investment decision on Information published on this website or contained in any Publication. Under no circumstances is this or any other Zenect Publication to be used or considered as an offer to sell or a solicitation of any offer to buy any security, or any options, futures or other derivatives related to any securities.
ZENECT’s published reports, releases, newsletters, advertisements and other Information (collectively “Publications”), including information published on this website, are purchased and compiled from outside sources and analysts, and may, in some cases, include our opinions and independent research. ZENECT does not supervise any outside analyst and does not guarantee any Publication to be error-free or factually accurate. ZENECT and its outside sources use certain financial data derived from the U.S. Securities and Exchange Commission (SEC) filings, financial information supplied by an issuer, and data compiled by third parties. Most of the Information we publish is derived or available from primary sources, including the U.S. government agencies as well as the financial institutions or publicly traded companies we cover. We believe our data sources are accurate, but we cannot and do not endorse, assess, independently verify or assert the truthfulness, adequacy, accuracy or completeness of any Information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. Therefore, we do not represent or warrant that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations. Guests of ZENECT’s website, readers of ZENECT’s distributed Publications, and other interested parties assume full responsibility for the accuracy of all SEC filing data, compiled data from other sources including data and Information from the issuing company.
ZENECT disclaims all potentially illegal corporate and individual trading activities and has no knowledge or inside information or participation in any illegal activities, including illegal trading, of any issuing company. Such activities might include: causes of potential bankruptcy, fraud, fraudulent and false dissemination of Information, insider trading, corporate non-disclosure, trading manipulation, and other legal and regulatory violations. ZENECT is not responsible for the accuracy or validity of any Information disseminated by an issuing company used in any ZENECT Publication. ZENECT complies with current securities laws, regulations and ethical standards as related to ZENECT’s compliance requirements. ZENECT intends to comply with any new securities laws, federal and state regulations that might be promulgated in the future. Ethical standards are the foundation of those laws and regulations followed by ZENECT.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. ZENECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, ZENECT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ZENECT MAKES NO WARRANTY THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED. ZENECT ASSUMES NO RESPONSIBILITY FOR (1) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (2) FAILURE OF ANY E-MAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, ZENECT SITES, OR ANY COMBINATION THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZENECT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR COMPUTER AND/OR ANY OTHER COMPUTERS OR COMPUTER EQUIPMENT AS THE RESULT OF DOWNLOADING ANY MATERIALS RELATING TO THIS SITE.
The service and the materials are provided by ZENECT on an ‘as is’ basis. ZENECT expressly disclaims any and all warranties, expressed or implied, including without limitation warranties or merchantability and fitness for a particular purpose, with respect to the service or any materials and products. This Publication has been prepared in accordance with the SEC’s rules and amendments, October 3, 2000, regarding 17 CFR Parts, 240, 243 and 249, (Selective Disclosure and Insider Trading), Regulation FD (Fair Disclosure), 10b5-1, 10b5-2, NASD Rules 2250, 2420, 2710 and 2711 and the Can-Spam Act of 2003. ZENECT is sometimes paid for Publications and distribution in cash, stock, warrants, options or other securities in lieu of or in addition to ZENECT’s stated compensation schedule.
FORWARD LOOKING STATEMENTS
The Private Securities Litigation Reform Act of 1995 provides investors a ‘safe harbor’ in regard to forward-looking statements. ZENECT cautions all investors that such forward-looking statements in this Publication are not guarantees of future performance. Unknown risk, including bankruptcy, uncertainties, fraud, stock manipulation as well as other uncontrollable or unknown factors may cause actual results to materially differ from the results, performance or expectations expressed or implied by such forward-looking statements. Smaller companies may have a higher likelihood of filing for bankruptcy. Investors are urged to do their own research regarding the dangers of a potential bankruptcy filing. The enclosed researched company may have to raise additional capital to remain solvent and to meet forecasted valuation and price projections in this Publication. ZENECT has no firsthand knowledge of a company’s capabilities, intent, resources, financing, operations, politics, inner workings, plans, management competence and decisions, internal corporate goals, ethical standards, or their ability to reach their corporate goals.
Investor awareness distribution programs can materially affect the price of the company’s stock. ZENECT assumes no responsibility and no liability for any corporate Press Release or any investor awareness programs, IR or PR promotions of an issuing company. ZENECT performs and participates at times in investor awareness programs. When used, the words “anticipate,” “believe,” “estimate,” “expect,” and similar expressions as they relate to the Company or its management are intended to identify such forward looking statements. The Company’s actual results, performance or achievements could differ materially from the results expressed in, or implied by these forward looking statements.
Investing in micro-cap and small cap securities is speculative and carries a high degree of risk. Investors can lose their entire investment. Investors should understand that statements regarding future prospects may not be realized. Issuing companies featured or reported in ZENECT Publications routinely involve penny stocks, some or all of which may be quoted on the Pink Sheets. Certain Pink Sheet stocks may or may not have audited financial statements. Issuing companies are subject to various possible risks, including but not limited to:
- the Information pertains to penny stocks that are subject to the SEC’s penny stock rules and involve a high degree of risk that may result in the loss of some or all of an investment;
- the Issuer’s penny stock may be thinly traded, which may lead to significant difficulties selling its securities;
- the SEC reporting issuer: (i) may be delinquent (not current) in its periodic reporting obligations; or (ii) no longer files reports with the SEC because it has suspended its reporting requirements; or (iii) no longer files reports with the SEC because it has received a notification from FINRA that its securities have been “downgraded” to the Pink Sheets because it is delinquent in its SEC reports;
- the SEC reporting issuer or the Pink Sheet quoted company may be delinquent in its Pink Sheet reporting obligations as indicated by whether the Pink Sheets New Service posts a negative “sign” regarding the Issuer at www.pinksheets.com, such as: (i) “Limited Information” for companies with financial reporting problems, economic distress, or that are unwilling to file required reports with the Pink Sheets; (ii) “Pink Sheets – No Information”, which indicates companies that are unable to or unwilling to provide disclosure to the public markets, to the SEC or the Pink Sheets; and (iii) “Caveat Emptor”, signifying “Buyer Beware” that there is a public interest concern associated with an Issuer’s illegal spam campaign, questionable stock promotion, known investigation of the Issuer’s fraudulent activity or its insiders, regulatory suspensions or disruptive corporate actions;
- the Issuer may be a development stage company with little or no operations, the securities of which should be considered extremely speculative for investment purposes;
- ZENECT has not entered into a soft dollar agreement with any issuing company or advertiser. ZENECT is sometimes paid for Publications and distribution in cash, stock, warrants, options or other securities in lieu of or in addition to other compensation. ZENECT’s selling of an Issuer’s securities may negatively affect the Issuer’s stock price, especially when such securities are thinly traded. When paid in stock, ZENECT its affiliates, directors, officers, outside sources, investor awareness groups and employees may liquidate shares at any time or hold for investment purposes. Such securities transactions might result in volatile market price changes and might create a conflict of interest to remain objective in ZENECT’s communication with the Issuer;
- many companies that have their securities quoted on the OTCBB or Pink Sheets have been negatively affected by the current economic downturn and lack of adequate financing to meet their operational goals or expansion plans;
- the percentage gain from the previous day close if presented in our websites regarding certain companies is not and should not be construed as any indication whatsoever of the future stock price of a company’s securities;
- any of the energy related and other Subject Companies are subject to intense and increasing environmental and other governmental regulation, which subjects them to significant costs and possible fines and liabilities if they fail to conform with relevant state and federal statutes;
- ZENECT may receive its compensation in free trading shares and may sell the Shares at any time; as a result, ZENECT’s selling activities may cause significant volatility in the Issuer’s stock price and/or significantly depress the Issuer’s stock price;
- ZENECT may buy and sell the Shares in the open market which may also cause significant volatility in the Issuer’s stock price and/or significantly depress the Issuer’s stock price;
- the future success of many OTCBB and Pink Sheet quoted Issuers is dependent upon receiving adequate financing or raising sufficient capital, which they may be unable to obtain;
- there is a potential or actual conflict of interest that exists between the interests of the readers of our disseminated Information and the interests of ZENECT because ZENECT (i) may receive Shares as compensation for disseminating the Information and thereafter sells those Shares at any time for monetary gain, including at the same time the Information is being disseminated or shortly thereafter; and (ii) buys and sells the Subject Company’s shares in the open market at the same time or before the Information is being disseminated or shortly after the dissemination of the Information or at any time;
- ZENECT does not receive verification from the issuing company that the statements contained in ZENECT’s publications are accurate, but rather may only receive, at best, verification of accuracy from a non-affiliate third party shareholder who pays ZENECT for the dissemination of its Publications;
- a non-affiliate third party shareholder may have a potential or actual conflict of interest in paying ZENECT for the dissemination of the publication while still holding the issuing company’s shares of common stock that he or she may sell after the third party shareholder has paid ZENECT with his or her shares;
- the comparisons we provide in our Publications may not be interpreted as a legitimate means of comparison or a prediction of an increase in the featured Issuer’s stock price in any shape, form or manner since such “comparison” companies trade on registered Exchanges such as the New York Stock Exchange and trade at prices at stock prices in excess of $10 or $20, thousands of percent higher than the companies that we profile;
- some of the Information presented on our website and in our profiled reports that we compile from public sources is not only forward looking, but also non-material information, which leaves the reader of the Information with the difficult task of deciding what information is material and not material within the total mix of information presented by ZENECT and that is otherwise publicly available in SEC and Pink Sheet reports or search engines.
- ZENECT is not involved in any trading activities of any investment awareness campaign, the issuing company, shareholders or investors, other than Shares that ZENECT may own.
- ZENECT is not involved nor is responsible for any promotional firm’s business format.
The foregoing list of possible risks is not exclusive. We strongly recommend that you consult your personal financial advisor, investment advisor or broker/dealer regarding the high degree of risk and speculative nature of security before you invest.
INDEMNIFICATION AND LIMITATION OF LIABILITY
The reader of the Information shall indemnify ZENECT from any liability for any claimed direct, indirect, incidental, punitive, or consequential damages pertaining to the disseminated Information. You agree to hold ZENECT’s affiliates and their respective directors, officers, employees, agents or other representatives harmless on and against all claims, liability and expenses, including all legal fees and costs arising from or relating to your use of this website.
ZENECT will not be liable to any person or entity for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of information, products or services from any person or entity including but not limited to lost profits, loss of opportunities, trading losses, and damages that may result from any incompleteness, inaccuracy or use of the Information, WHETHER OR NOT ZENECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
This provision shall survive the termination of your right to use this website.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from ZENECT electronically, either by e-mail or by notices posted on this site, as determined by ZENECT in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by ZENECT in writing is satisfied by such electronic communication. You agree that ZENECT may send you e-mails, which include notices about your account as well as information pertaining to our service, such as featured Publications or commercial advertisements. You agree that this information is part of your relationship with ZENECT.
The Publications and all materials displayed on or contained within this website, including without limitation software, site design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and the fictitious name “Bob Harper” and brand name(s) Zen Money News, Instant Money News, ZenectWealth or “zenect.com”, and all affiliated sites, trade dress, trademarks and service marks (the “Materials”), are the property of ZENECT or its licensors and are protected by copyright, trademark and other intellectual property laws. All rights reserved. You may not reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via any other website) without express prior written consent of ZENECT. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this website.
TERMINATION, AMENDMENT AND MODIFICATION
ZENECT does not undertake any responsibility whatsoever for updating the Information published on this website or contained in any prior Publication. ZENECT reserves the right, in its sole discretion, at any time, and without any obligation, to make improvements to, or correct any error or omission(s) in any portion of the Information. ZENECT also reserves the right to amend, modify and/or change any of the terms and/or conditions set forth herein at any time without notice. The effective dates of any amendments or modifications shall be posted on the website and such modifications shall be effective as of the date of posting. Your continued access to this website will constitute your acknowledgment and acceptance of the modified or amended terms and/or conditions. ZENECT retains the right at any time (and from time to time) to discontinue, modify, temporarily or permanently terminate the ZENECT website (or any part thereof) with or without notifying you. If ZENECT discontinues the site, ZENECT will not be liable to you or any third party for such discontinuance, modification or termination.
Unless otherwise prohibited or restricted by law, and dispute arising out of or related to the Publications, shall be resolved by the parties in accordance with these provisions.
Negotiation: The parties shall first seek to resolve the dispute by way of negotiation in good faith by persons with decision-making authority regarding the dispute and, if unable to reach agreement within  business days, the parties shall jointly initiate a mediation, provided that if the amount in controversy is $1000 or less, either party may immediately file a claim in Small Claims Court.
Mediation: If the parties are unable to resolve the dispute through negotiation, the dispute shall be referred to mediation, by way of a single mediator jointly selected by the parties, under the auspices of the American Arbitration Association and shall participate in the procedures provided by AAA. The settlement of the parties, in writing and duly signed by all parties, is final and binding on the parties, with no rights of appeal, and shall be enforceable by the parties in accordance with contract law and any applicable legislation or treaties governing the enforceability of settlements reached through mediation in the State of Arizona. If the parties are unable to reach a settlement, the mediation is without prejudice to either party’s right to demand Binding Arbitration.
Binding Arbitration: If the parties are unable to resolve the dispute through negotiation and mediation, and the amount in controversy exceeds $1000, the dispute shall be resolved by binding arbitration according to the Commercial Rules of Arbitration of the American Arbitration Association. Any arbitration shall occur in Gilbert, Arizona, and the laws of the State of Arizona shall apply to all issues. Arbitration shall be to a single arbitrator mutually selected by the parties according to AAA rules and procedures. The arbitrator shall have binding authority to determine all issues and to enter any legal, equitable or restitution remedy, including injunction and/or restitution. Fees and costs of arbitration shall be borne by the parties equally. YOU UNDERSTAND THAT NEITHER OF US SHALL BE ENTITLED TO A JURY TRIAL AND THAT EXCEPT FOR CLAIMS OF $1000 OR LESS, YOU WILL NOT BE PERMITTED TO RESOLVE ANY CLAIM OR DISPUTE IN A COURT OF LAW OR EQUITY.
PROMOTIONS AND ADVERTISING
ZENECT and/or its business partners may present advertisements or promotional materials on or through the website or other Publications. Your participation in any promotion, as well as your purchase of any product or service described in such advertisements or promotional materials, whether or not any such promotion or offer is linked or available through the website, are subject to those terms and conditions contained or referenced within the promotional materials, web page, or website associated with such offer or promotion. You agree that ZENECT shall not be held responsible or liable for any loss of damage arising out of any other offer or promotion, and these Terms and Conditions of Use shall apply only between you and ZENECT with respect to your online access to the information posted on this website.
CHANGES TO TERMS AND CONDITIONS
ZENECT may at any time, and at their sole discretion, modify these General Terms and Conditions of Use, with or without notice. Amendments or modifications will be effective immediately upon posting. You agree to review these General Terms and Condition of Use periodically and your continued use of this website following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this website.
This website may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this website. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of ZENECT. Your use of a third party website is subject to the terms and conditions of use and the privacy policies of such third-party website.