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THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
Stockexam, L.L.C. Terms of Service
Last revised: October 01, 2005
Stockexam.com is an independent, Subscription-based web site providing information for growth and value investors on selected public companies that, in the opinion of Stockexam, have investment potential. We do not advise investors to buy or sell securities, instead we alert investors to stocks whose price we believe may rise in the near future. Stockexam does not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio or investment strategy. While it is our goal to locate and research equity investments in companies that have the potential for appreciation, investments in equity securities are risky and use of the information provided by Stockexam.com is at the investor's sole risk. Investors should not rely solely on the information provided by Stockexam.com. rather, investors should use the information appearing on Stockexam.com along with additional independent research on the companies mentioned in order to allow the investor to form his or her own opinion regarding investing in the companies mentioned. Stockexam.com makes no representation that any investment will, or is likely to achieve profits or losses similar to those shown. Trading stocks based on the information provided by Stockexam.com may not be suitable for all users of this web site. You, the investor, not Stockexam.com assume the entire risk of any trading that you choose to undertake. The following describes the terms of our agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. Scope of Agreement: Under this Agreement ("Agreement"), Stockexam, LLC, ("we," "us") through the website Stockexam.com, furnishes on-line financial information and services (the "Service") to registered subscribers or authorized users ("you", "your" or "subscriber"). By selecting "I ACCEPT" when registering or if you use the Service, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. If you do not agree to these terms and conditions, you may not use the Service.
Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, software or other services. We may change this Agreement at any time as we desire. When the terms are changed, notice of the change(s) will be posted on our website or sent to you via electronic mail. Additionally, the new version of the Agreement will be posted on our web site for your review. By continuing to use the Service, you agree to be bound by the changes in the new version of the Agreement. If any change is not acceptable, you may terminate your subscription as described below.
2. Scope of Service: All contents of the Service are provided for information purposes only. You agree that the Service should not be interpreted as investment advice, as an endorsement of any security, or as an offer to buy or sell any security. We are not a registered broker-dealer, or financial advisor. We do not provide personal investment advice. Remarks and data comprising the Service are for informational purposes only and are provided without warranty of any kind. In no event will we be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the Service, whether or not caused in whole or part by our negligence.
Stock selections are based on reported financial, historical trading, and current market trend data. There is no assurance that future trading activity and or future prices will vary materially from the past. An investor should not purchase any stock without careful review of all currently available information with respect to the stock.
The trading of securities may not be suitable for all potential users of the Service. You should be aware of the risks inherent in the stock market. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized. The purchase of securities discussed by the Service may result in the loss of some or all of any investment made. We recommend that you consult a stockbroker or financial advisor before buying or selling securities, or making any investment decisions. You assume the entire cost and risk of any investing and/or trading you choose to undertake.
All information provided through the Service has been independently obtained from various providers through sources believed to be accurate and reliable. The accuracy, completeness or timeliness of the information is not guaranteed by the Service. There may be delays, omissions, or inaccuracies in the information. You agree that the Service will not have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the information or for any decision made or action taken by you in reliance upon the supplied information. There is no warranty of any kind regarding the information supplied by the Service.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE.
The Service is intended solely for individuals residing in the United States. We make no representation that materials supplied by the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Stockexam.com does not accept any funds or compensation from any company to promote their appearance or coverage within the website.
3. Subscription Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone's rights or one which, in our sole discretion, we consider offensive, improper or inappropriate. If you do, we can modify or delete it.
You also agree that you will not give out log-ins and/or passwords to other users. We reserve the right to cancel any subscription, without refund, if we discover that a subscription account is being used by more than one person, or if a log-in/password is given to another person.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Subscriptions are not renewed at the end of their term. You will receive 2 reminders via electronic mail 30 and 7 days prior to the end or your subscription. During this period you are urged to renew your subscription via the renewal option. Once your subscription has lapsed, the account will automatically be deactivated.
Please note that due to processing costs there are no refunds for quarterly subscriptions. If you sign up for the annual membership and decide to cancel within the first 90 days and request a refund, you agree to be billed at the quarterly rate. If, as an annual subscriber, you decide to cancel after the first 90 days – there will be no refunds issued.
Current rates for our Services are posted on Stockexam.com. We reserve the right to change fees, surcharges, quarterly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement. However, any future price increases will NEVER affect your current subscription rate.
4. Copyright and Limitations on Use: The Service is the property of Stockexam, LLC and may only be displayed, formatted and printed for your personal, non-commercial use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information, charts, or drawings received through the Service to anyone without our prior written consent. You may not post any content from the Service to news groups, mail lists or electronic bulletin boards, without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law.
Stockexam is a trademark and/or service mark of Stockexam, LLC. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
All information sent to Stockexam.com becomes our property. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import/export such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. All information can be used at our discretion.
5. Failure to Access Service: You agree that we are not responsible for your inability to log-on to the Service for any reason whatsoever but not limited to, poor Internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.
6. Links: This Service provides links to other websites. These links are provided for convenience and informational purposes only, and not for purposes of making any endorsement or recommendation. You should be aware that when you select a link on the website, you may be leaving the website. The information available on other websites may have certain restrictions on its use or distribution. Users should make themselves aware of such restrictions. Stockexam, LLC is neither responsible for nor has developed or reviewed the content of those sites, and does not make any warranty, express or implied, as to the accuracy, usefulness or timeliness of such information.
7. Limitation of Liability: Neither Stockexam, LLC. Nor its suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any direct, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or content contained on the site, or any product or service purchased through the site. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the Service.
8. Indemnification: You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any services related to the Service.
9. Jurisdiction: This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Tarrant County, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
10. Miscellaneous: If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all Stockexam policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
You agree to the above terms and conditions.
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