All use of this service is conditioned by the acceptance without
modification of the terms, conditions, and notices contained in this
Agreement. By subscribing to our
service SUBSCRIBER agrees to be legally bound by this Agreement. Services
provided are in
accordance with the provisions of Lowe v. Securities and Exchange Commission,
472 U.S. 205 (1985) and Taucher v. Born (Commodity Futures Trading
Commission), Civil Action No. 97-1711 (1999).
1)
TYPE OF SERVICE PROVIDED:
SUBSCRIBER
acknowledges that the subscription based Stock Market timing service is
an impersonal service of a general and regular circulation, and that no
consideration can be made towards SUBSCRIBER'S
financial circumstances. SUBSCRIBER will decide how to use material provided and shall assume complete responsibility for the risks inherent
in the different types of investment instruments and methods used.
2)
LIMITATION ON USE OF TIMING SERVICE:
SUBSCRIBER will not sell, transfer, sub-license, distribute, publish, broadcast,
circulate or commercially exploit our recommendations in any
manner to any third parties other than members of SUBSCRIBER'S immediate
household. Any violation of this
provision may result in immediate termination.
3) LIMITATION ON LIABILITY:
We exercise due diligence in utilization of data that it
believes to be reliable and accurate. However, we shall not be
subject to liability for the accuracy or completeness of the information conveyed
on this website, nor for errors, mistakes or omissions therein.
We shall not be responsible for, nor be in default under this
agreement due to delays or failure of performance resulting from Internet
delivery problems or failure, nor for any communication or delivery problem
associated with SUBSCRIBER’S receipt of the material. Furthermore, we
shall not be responsible for, nor be in default, due to acts or causes beyond
its control, including but not limited to: acts of God, strikes, lockouts,
communications problems, line or equipment failures, earthquakes, or other
disasters.
Liability
under this agreement from any and all causes, including, but not limited to,
malfunction or operation negligence, shall be limited to general money damages
in an amount not to exceed the total charges paid to us by SUBSCRIBER. Such limitation shall be the extent of our
liability, regardless of the form in which any legal or equitable action may
be brought against us, and the foregoing shall constitute SUBSCRIBER’S
sole remedy. In no event will
either party be responsible for lost profits or special, indirect, incidental
or consequential damages which SUBSCRIBER may incur.
4)
EXCLUSION OF WARRANTIES:
It is expressly understood and agreed to by the parties hereto that except as
specifically provided herein, all warranties, expressed or implied, even of
fitness for a particular purpose are hereby excluded.
We provide a money back guarantee if our
Long & Short signals for
the S&P 500 are not profitable at the end of a full year subscription.
5)
INDEMNIFICATION:
SUBSCRIBER agrees to indemnify us from and against any and all
liabilities, expenses (including attorney fees) and damages arising out of
claims resulting from SUBSCRIBER'S use of the service, including any claims
that if the allegations were true would constitute a breach of these terms and
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6)
APPLICABLE LAW AND VENUE:
This Agreement shall be interpreted, construed and enforced in all respects in
accordance with the laws of the State of California. SUBSCRIBER irrevocably
consents to the jurisdiction of the courts of any of the states in which
Mr. Meadors maintains offices, and the federal courts situated in those states
in connection with any action to enforce the provisions of this Agreement, to
recover damages or other relief for breach or default under this Agreement.
