Channelchek is a product and service provided by Noble Financial Group, Inc (“Noble,” “we,” “us,” and “our”). Noble’s affiliates (“Noble Affiliate(s)”) include Noble Capital Markets, Inc., a SEC and FINRA registered broker dealer and Noble Capital Management, Inc., a registered investment advisor (Noble and Noble Affiliates hereinafter referred to as “Noble Group”)
Noble provides this web site to you under the following terms and conditions (this “Agreement” or “Terms of Use”). Our Privacy Policy (as is posted on our website), which explains how we collect and use information from visitors (“Users”) to our web site (“Visitors”), is incorporated in and follows these Terms of Use. By using our web site (the “Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy. By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, the Privacy Policy, and all other operating rules, policies and procedures that may be published by us from time to time on the Site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you. Your use of the Site is governed by the version of this Agreement in effect on the date of use.
Our website can be accessed from the domain name: www.Channelchek.com
General
Channelchek is made available for your limited use and for this purpose you may be required to execute applicable agreement(s) or satisfy any other requirement(s), from time to time, decided solely by Noble Group in its discretion.
Channelchek is made available to Channelchek subscribers only. Data or information acquired by you through access to Channelchek may not be reproduced, redistributed or transmitted, in whole or in part, without Noble Group’s consent. Any unauthorized use is strictly prohibited.
The failure of Noble Group to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Noble Group. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Your Use of the Site
You represent and warrant that all information that you provide to Noble Group or through the Site is accurate, complete and truthful. You acknowledge and agree that Noble Group and its agents are entitled to rely upon the information you provide as true, accurate and complete without verification. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Noble Group grants you a limited, revocable, non-exclusive, non-transferrable license to view, copy and print content on the Site for personal, non-commercial purposes. Noble Group grants the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner. IF ANYTHING IS TAKEN FROM THE WEBSITE YOU NEED EXPRESS WRITTEN PERMISSION FROM NOBLE GROUP AND YOU MUST CITE US/GIVE US CREDIT WHEN USING THAT INFORMATION. SALE OF ANY INFORMATION FROM CHANNELCHEK IS STRICTLY PROHIBITED.
You are prohibited from posting or transmitting any material on or through the Site that, in Noble Group’s sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Noble Group will fully cooperate with law enforcement authorities or court order requesting or directing Noble Group to disclose the identity of anyone posting any such information or materials on the Site.
Account Registration
In order to access certain features of the Site or to post content on the Site you must register to create an account (“Account”). You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify Noble Group immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
You agree that your Account will be self-directed and that you are solely responsible for any decisions you may make as a result of the use of your Account. Although the Site may provide data, information or content provided by other parties relating to investment strategies and/or opportunities to buy and/or hold and/or sell securities, you should not construe any such content as tax, legal, financial, or investment advice. Unless we provide you with specific advice that is clearly identified as an individualized recommendation specifically addressed to you, you represent that any decision to invest is based solely on your consideration of the risks involving a particular security or those of a third-party (i.e. your personal financial advisor) and is made at your own risk. All investments involve a degree of risk, and unless we provide you with individualized recommendation addressed to you, you acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions that may include the risk of complete loss of your principal. Noble Group has no special relationship with or fiduciary duty to you. Noble Group does not seek nor, does it require you to be a client of Noble Group in order for you to use your Account. You agree and acknowledge that you are solely responsible for conducting legal, accounting or due diligence review on the companies listed on the Site. You are advised to consult with a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice.
THE SITE PROVIDES COMPANY NEWS/INFORMATION ONLY, AND SHOULD NOT BE USED AS THE BASIS FOR ANY INVESTMENT DECISIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR ANY INVESTMENT DECISIONS YOU MAKE AND THAT THE MATERIAL ON THE SITE WILL NOT INFLUENCE YOUR INVESTMENT DECISION(S).
Registration Information
To create an Account on Channelchek, you need only to provide your first and last name and a valid email address (“Basic Information”). You may, however, wish to provide more information in order to improve your Channelchek experience which may include, but is not limited to your investment preferences, investment experience, risk tolerance and investor categorization (accredited or not accredited). You will be required to provide more than the Basic Information in order to access information relating to corporate Road Shows, ChannelCAST and Corporate Presentations. Regardless of your decision to provide additional information, you acknowledge and agree that you remain personally responsible for any investment decision you make and that the material on the Site, or what you may see, hear and receive through the attendance of a corporate Road Show, will not influence your investment decision(s).
Company / Issuer Users
Each issuer, or person representing an issuing company (an “Issuer”) is solely responsible for the material contained within Corporate Presentation PowerPoint / Adobe PDF slide decks (“Decks”) provided for use on the site by providing such material, represents that: (i) it has complied in all material respects with all applicable rules and regulations; and (ii) such information will not contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary to make such statements not misleading in light of the circumstances under which they are made. The Site and all Users are entitled to rely upon any representations made in the Decks. Each Issuer is solely responsible for ensuring that information contained in the Decks is in compliance with all applicable statute, law, ordinance, regulation, rule, code, injunction, judgment, decree or order of any United States or foreign, federal, state, local, municipal or other governmental, regulatory or administrative authority, agency or commission or any judicial or arbitral body, or anybody duly authorized to exercise any administrative, judicial, executive, legislative, police, regulatory or taxing authority power or authority of any of the foregoing (“Applicable Law”). Each issuer hereby agrees, by creating an issuer account and using the Site, that it shall become a member of the Noble Group general community, shall receive communications from Noble Group and grants to Noble Group a perpetual, irrevocable, non-exclusive license to Decks provided.
Each Issuer hereby agrees to indemnify, defend and hold Noble and Noble Affiliates and all other affiliates, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms of Use by such Issuer user or its employees, agents, customers, or affiliates or arising from such Issuer’s or its employees, agents, customers, or affiliates use of the Site.
You agree, in your individual capacity and on behalf of any Issuer for which you are an authorized representative, that Noble Group may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your Account. You agree to notify us of any changes in your address or contact details. Noble Group may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.
Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. Noble Group shall have a reasonable period to effect such a change and Noble Group may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
You agree that any information that you transmit to the Site or Noble Group in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc. is non-confidential and non-proprietary and can be used by Noble Group or its affiliates for any purpose. Noble Group is free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site or Noble Group for any purpose.
We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.
Change or Termination
We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Digital Millennium Copyright Notice
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the copyrights(s) claimed to have been infringed;
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
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, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c) (“DMCA”), Noble Group’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement:
Noble Financial Group, Inc.
Postal Address: Noble Financial Group, 225 NE Mizner Blvd. Suite 150, Boca Raton, FL 33432
You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Please note that this procedure is exclusively for notifying Noble that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to the contact information provided above. Noble Group may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
Dispute Resolution
In the event of any claim, controversy or alleged dispute between you and Noble Group (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding; and to be bound by the code of arbitration procedure of FINRA.
All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration proceedings would be held in Palm Beach County, Florida.
Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
The arbitrators do not have to explain the reason(s) for their award, unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first hearing date.
The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
These Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of Florida applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Miscellaneous
Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. Noble Group shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation or reorganization of Noble Group for the sale of substantially all its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
These Terms of Use contain the entire understanding between you and Noble Group relating to the Site and Noble Group’s services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site and Noble Group’s services prior to the Effective Date below:
October 15, 2018