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IMPORTANT! THESE TERMS AND CONDITIONS (THESE
"TERMS AND CONDITIONS") GOVERN YOUR (THE
"SUBSCRIBER") USE OF WINNING INVESTMENTS.COM (THE
"SERVICE") PROVIDED BY WINNING INVESTMENT STRATEGIES, INC.
(THE "COMPANY").
IF YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, CLICK ON THE BOX AT THE BOTTOM OF THIS PAGE LABELED
"I ACCEPT."
IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS, CLICK ON THE BOX AT THE BOTTOM OF THIS PAGE
LABELED "I DO NOT ACCEPT." YOU WILL BE RETURNED TO THE
HOME PAGE.
- Subscription. Subscriber agrees that
Subscriber has a revocable, nonexclusive, nontransferable,
limited right to use the Service solely for Subscriber's
personal educational, informational, and entertainment use.
Subscriber will not use the Service for any other purpose.
- Fees. Subscriber has agreed to pay
either a monthly fee of thirty dollars ($30) or an annual fee of
three hundred dollars ($300) (the "Fees") for
Subscriber's right under Section 1 to use the Service.
Subscriber authorizes the Company to charge automatically the
Fees to Subscriber's credit card number that Subscriber has
provided to the Company. The Company may change the Fees at any
time, effective upon notice to Subscriber. Subscriber
acknowledges and agrees that Subscriber's use of the Service
after Subscriber has been notified of the change in Fees will be
deemed Subscriber's acceptance of the change in Fees.
- Termination. The Company may terminate
Subscriber's right under Section 1 at any time in its discretion
effective immediately. Subscriber may terminate Subscriber's
right under Section 1 at any time upon written notice to the
Company effective upon the Company's receipt of Subscriber's
written notice. Subscriber will be refunded fees paid in advance
allocable to time periods after the effective date of
termination, except that Subscriber will not receive a pro-rata
refund for the month in which termination is effective.
- Proprietary Information. Subscriber
acknowledges and agrees that, as between Subscriber and the
Company, the content accessible within the Service (the
"Company Content") is the proprietary information of
the Company and its content providers, and that the Company and
its content providers retain all right, title, and interest in
the Company Content. Accordingly, Subscriber will not reproduce,
transmit, publish or distribute the Company Content to any third
party without the express written consent of the Company or the
applicable content provider. Subscriber will not remove or
alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Company Content.
- Disclaimer. The Service is solely an
information service provided by the Company which does not
provide recommendations to buy or sell stocks, stock options, or
any other security or investment. Although the Company believes
that the information the Company provides is accurate, the
Company does not warrant that the information contained in the
Service is accurate or complete. The Company is not responsible
or liable for any errors or omissions that may be found in such
information or for the results obtained from the use of such
information. Subscriber is encouraged to consult other sources
and confirm the information contained within the Service.
Subscriber understands and agrees that the Service should only
be used as one of several research tools and that Subscriber
should consult with Subscriber's stock broker or other
investment professional prior to making any material investment
decision.
Further, Subscriber will have access to
a variety of sources of information via the Internet. The
Company has made no effort to verify the accuracy or suitability
of any information contained in any such sources. Accordingly,
the Company will have no liability or responsibility whatsoever
for any content contained within any such sources. Subscriber
acknowledges and agrees that Subscriber accesses, uses and
relies upon such information at Subscriber's own risk.
Subscriber understands that, except for information, products or
services clearly identified as being supplied by the Company,
the Company does not operate, control or endorse any
information, products or services on the Internet in any way.
Subscriber also understands that the Company cannot and does not
guarantee or warrant that files available for downloading from
the Internet will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. Each Subscriber is responsible for implementing
sufficient procedures and checkpoints to satisfy Subscriber's
particular requirements for accuracy of data input and output,
and for maintaining a means external to the Service for the
reconstruction of any lost data. The Company does not assume any
responsibility or risk for your use of the Internet.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LIKEWISE, THE
COMPANY DOES NOT WARRANT THAT SUBSCRIBER'S USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE.
- Limitation on Liability. THE COMPANY,
ITS LICENSORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS
AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR
DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
THE COMPANY AND ITS LICENSORS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED
THE AMOUNT SUBSCRIBER HAS PAID TO THE COMPANY OVER THE TWELVE
(12) MONTH PERIOD PRIOR TO THE EVENT OUT OF WHICH LIABILITY
AROSE.
- Indemnity. Subscriber will indemnify
and hold the Company, its licensors, content providers, service
providers and contractors (the "Indemnified Parties")
harmless from any breach of these Terms and Conditions by
Subscriber, including, but not limited to, any use of Company
Content other than as expressly authorized by these Terms And
Conditions. Subscriber agrees that the Indemnified Parties will
have no liability in connection with any such breach or
unauthorized use, and agrees to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses, and
attorneys' fees of the Indemnified Parties in connection
therewith. Subscriber will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought
by third parties arising out of Subscriber's use of the
information accessible within the Service.
- Miscellaneous.
- Taxes. Subscriber is responsible
for any and all taxes (including any sales and use taxes) in
connection with the Service, except for taxes based on the
Company's net income.
- Governing Law. These Terms And
Conditions will be governed by the law of the State of
Georgia, without regard to its choice of laws provisions.
- Venue and Jurisdiction. Subscriber
submits to the exclusive jurisdiction and venue of the state
and federal courts in Atlanta, Georgia for the purposes of
resolving any dispute arising out of or related to these
Terms and Conditions.
- Severability. If any provision of
these Terms And Conditions is deemed to be unenforceable as
written, the parties intend that such provision be modified
to the extent, and only to the extent, necessary to make
such provision enforceable. In the event any unenforceable
provision cannot be modified to make it enforceable, the
parties intend that such provision be removed from these
Terms And Conditions with all other provisions remaining in
full force and effect.
- Force Majeure. The Company will not
be liable or responsible for any failure or delay in
performance if such failure or delay is caused in whole or
in part by causes beyond its complete control, including,
but not limited to, fire, flood, explosion, war, strike,
embargo, government regulation, civil or military authority,
act of God, acts or omissions of carriers, transmitters,
telephone companies, Internet service providers, Internet
backbone providers, vandals, or hackers.
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