Important Securities Disclaimer:
1. No advice or recommendation made by ES Inc. The advertisements and materials relating to ES Inc.’s respective customers are not intended to directly or indirectly provide advice as to the value of the securities of the companies described or as to the advisability of investing in, purchasing, holding or selling such securities. Instead ES Inc.’s customers have prepared and paid for this advertising; and the publications are not endorsements, recommendations, analysis or advisories of any nature by the Publisher. ES Inc. does not endorse any opinions or recommendations regarding the materials advertised, nor does it give tax or investment advice or advocate the purchase or sale of any security or investment.
2. No representation as to contents of advertisements. In preparing this publication, ES Inc. has relied upon information supplied by its customers, which it believes to be reliable; however, such reliability cannot be guaranteed. ES Inc. makes no representations as to the accuracy, timeliness or completeness of the information contained in any such advertisement and disclaims any and all liability relating thereto. ES Inc. is not responsible for any claims made by the companies advertised herein. BY ACCESSING THIS WEBSITE, YOU AGREE THAT THE INFORMATION PROVIDED IS “AS IS” AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES AS TO THE AVAILABILITY, ACCURACY COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT OF THE ADVERTISEMENTS MAINTAINED ON THIS WEBSITE; AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ES Inc. shall not be liable for any damage or costs arising out of or in any way connected with your use of the materials or advertisements provided or accessed through this website.
3. No offer of securities. None of the materials or advertisements herein constitute offers or solicitations to purchase or sell securities of the companies profiled herein and any decision to invest in any such company or other financial decisions should not be made based upon the information provided herein. Instead ES Inc. urges you to conduct a complete and independent investigation of the respective companies and consider of all pertinent risks. ES Inc. does not offer such advice or analysis, and ES Inc. further urges you to consult your own independent tax, business, financial and investment advisors.
4. Consideration for services. In consideration for the publication of the advertisements in this website and the promotional services provided by ES Inc., the advertised companies and/or a third party have paid ES Inc. cash or issued stock and/or options to ES Inc. as follows:
- CHDT – $500 Daily Industry Alert
- SLXI – $500 Daily Industry Alert
- PWAL – $500 Daily Industry Alert
- IPHN – $500 Daily Industry Alert
- EMXC – $500 Daily Industry Alert
- BZTG – $500 Daily Industry Alert
- ANWM – $500 Daily Industry Alert
- CYDY – $500 Daily Industry Alert
- ZLDV – $500 Daily Industry Alert
- ISMG – $500 Daily Industry Alert
- PWAC – $5500 Third Party
- CPCO – $1500 Profile
- TCHH – $1700 Third Party
- IPTV – $500 Daily Industry Alert Third Party
- JMIT – $80,000 Shares Third Party
- EPIO – $50,000 Free Trading Shares
5. Newsletters. All profit examples are hypothetical, assuming that subscribers bought and sold at the time the recommendations or news alert coverage were issued. Actual results can and do vary based on day of execution and commission charges. There is a very high degree of risk involved in trading. Past results are not indicative of future returns. Our company and all individuals affiliated assume no responsibilities for your trading and investment results. As a publisher of a financial news magazine of general and regular circulation, we cannot tender individual investment advice. Only a registered broker or investment advisor may advise you individually on the suitability and performance of your portfolio or specific investments. In making any investment decision, you will rely solely on your own review and examination of the facts and the records relating to such investments. Past performance of our recommendations is not an indication of the future performance. The publisher shall have no liability of whatever nature in respect of any claim, damages, loss or expense arising out of or in connection with the reliance by you, on the contents of this update.
6. ES Inc., Inc. urges its readers who are considering an investment in a specific company to check the company’s filings with the Securities and Exchange Commission (“SEC”) on the SEC’s Edgar Web site located at http://www.sec.gov.
7. No Liability relating to external links. This website contains links to other World Wide Web Internet sites, and ES Inc. is not responsible for the availability of these outside resources, or their contents. ES Inc. does not endorse, nor is it responsible for any of the contents, advertising products or other materials on such sites.
Section 17b, Securities Act of 1933
It shall be unlawful for any person, by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, to publish, give publicity to, or circulate any notice, circular, advertisement, newspaper, article, letter, investment service, or communication which, though not purporting to offer a security for sale, describes such security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof.” (15 U.S.C. q(b).)
Terms of Service:
ES Inc., Inc. Terms of Service – Client Representations and Warranties
1. The Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to ES Inc. for distribution.
2. With respect to the Content submitted to ES Inc. by Client, Client represents and warrants to ES Inc., as follows: (a) That Client is authorized to submit the Content to ES Inc. for distribution; (b) That the Content is true and accurate; (c) That the distribution of the Content does not violate the state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, intellectual property rights, confidentiality rights or other proprietary rights of any third party, (d) Client is and will be solely responsible for the development, operation, and preparation of the Content and for all materials that appear therein; (e) That the Content does not contain any information which is libelous or otherwise illegal; (f) Client has investigated the desirability of utilizing ES Inc.’s services and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement and in the materials on ES Inc.’s Web site, “equityirsolutions.com”; and (g) The person or party executing this Agreement on behalf of Client is authorized to do so by the Client.
3. ES Inc. may reject the Client Content if ES Inc. determines, in its sole discretion, that the Content is unsuitable for distribution. Unsuitable Content may include, but is not limited to, that Content which contains sexually explicit materials, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or otherwise violates the intellectual property rights of any person or entity. If ES Inc. rejects the Client Content, Client is welcome to resubmit alternative Content at any time. All ticker symbols included in any Content for distribution must be for companies that have a direct role or participation in the news being announced. It is not acceptable to include ticker symbols for other companies with which the authoring company may have a current or past relationship, or which does not have a direct role on the news release topic. No news release Content will be distributed through ES Inc. with more than four ticker symbols in the text.
4. If separate payment terms have not been agreed upon between ES Inc. and Client, payment for any services provided by ES Inc. shall be due within 30 days of the receipt of invoice from ES Inc. by Client.
5. Except as stated on ES Inc.’s Web site, “equityirsolutions.com”, no warranty, express or implied, and no promise or representation has been made by ES Inc. regarding any Services to be provided by or through ES Inc.
6. ES Inc.’s liability for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous conduct, acts or omissions, negligence, or under any other claim or cause or action, shall be strictly limited to the amount paid by or on behalf of the Client to ES Inc. in connection with the distribution of the Content out of which the claim by Client arises.
7. At ES Inc.’s sole discretion, notices by ES Inc. to Clients may be given by means of posting on the ES Inc. Web site “equityirsolutions.com” or by email to the Client.
8. All questions regarding ES Inc. subscriptions and services should be sent by means of email to: firstname.lastname@example.org.
9. This Agreement contains the entire agreement between Client and ES Inc. regarding the services provided by ES Inc. This Agreement replaces any and all prior written and oral understandings and writings, and may only be amended upon notice by ES Inc. to Client as set forth below or by a further agreement signed by both ES Inc. and Client. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
10. In the event any third party brings any action, arbitration, or other legal proceeding (collectively, “legal proceeding”) against ES Inc. or against any third party who displays or distributes the Content with the permission of ES Inc., or against any third party who provides advertising for ES Inc., or against any other third party who otherwise uses the Content with ES Inc.’s permission (collectively hereinafter referred to as “the Indemnitees”), arising from the distribution or display of any Content provided by Client to ES Inc. or, from any breach of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Client herein, or, based upon the contention that the Content defames or slanders any third party or, based upon the contention that the Content violates any provision of state or federal law or the intellectual property rights of any third party, Client shall indemnify, defend, and hold the Indemnitees harmless in connection with the claims made in the legal proceeding. Included in Client’s obligation to indemnify, defend, and hold the Indemnitees harmless is the obligation to pay all attorneys’ fees, expert witness fees, costs, and expenses incurred or to be incurred by the Indemnitees in connection with the defense of the legal proceeding (even if the legal proceeding is without merit).
11. Client hereby grants ES Inc. a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to display, exhibit, transfer, access, use, distribute, share, transmit, sell, rent, market, promote and transmit the Content provided by Client to ES Inc.
12. Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the services provided by ES Inc. to Client shall be filed exclusively in the State of California, County of Los Angeles. Client consents to jurisdiction in the Courts of California, County of Los Angeles. In any such action, the parties agree that the law of the State of California shall apply and shall govern the determination of the action.
13. If ES Inc. brings an action to collect any sums due pursuant to this Agreement, the prevailing party shall be entitled to recover his/her/its reasonable attorneys’ fees, expert witness fees, and costs.
14. The terms of this Agreement are subject to change by ES Inc. at any time as to future services, and changes shall be effective upon posting of the change at the Web site, “equityirsolutions.com”.
15. The parties agree that ES Inc. may treat any document sent to ES Inc. by facsimile or by electronic mail as if the document were an original delivered to ES Inc. by hand delivery.