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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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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