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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY ALPHAPROFIT INVESTMENTS, LLC. DO NOT CONTINUE ANY FURTHER IF YOU DO NOT WANT TO BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT; THEY CANNOT BE MODIFIED BY YOU IN ANY WAY. THE PAYMENT POLICY IS DESCRIBED IN THIS AGREEMENT. THERE IS NO REFUND OF YOUR PAYMENT.
This Terms & Conditions of Use and Subscriber Agreement ("Agreement") is the agreement between you ("Subscriber") and AlphaProfit Investments, LLC ("Provider"), a Texas limited liability company, whose address is 2803 Arrowhead Drive, Sugar Land TX 77479.
The terms & conditions in this Agreement apply to your subscription to the AlphaProfit Fund Investors' Guide™ ("Guide"), the AlphaProfit Sector Investors' Newsletter™ ("Newsletter"), AlphaProfit MoneyMatters™ (MoneyMatters), to your use of the AlphaProfit RSS Feeds ("RSS"), and to your use of the website at http://www.alphaprofit.com ("website").
The subscription to the AlphaProfit publications or to the RSS Feeds shall begin only upon (1) your acceptance of this Agreement and (2) the receipt by the Provider of good and sufficient funds in payment for the Subscription Fee, as applicable. Notwithstanding this, you are bound by the Agreement immediately upon your use of the website.
The term "access to the website" or "access" means access to the Subscriber Login section of the website in addition to the sections of the website that are accessible to the general public.
The term "AlphaProfit" includes AlphaProfit Investments, LLC, the owner of the website, and any parents, subsidiaries, affiliates, officers, members, directors, managers, employees, agents, attorneys, and/or suppliers of AlphaProfit Investments, LLC.
"AlphaProfit Information" means the information provided on the website, including the AlphaProfit Sector Investors' Newsletter™ and the AlphaProfit Fund Investors' Guide™ documents in the Subscriber Login section, AlphaProfit MoneyMatters™, and the information and any documents e-mailed to Subscribers and Really Simple Syndication (RSS) Feeds.
The term "AlphaProfit publications" means the AlphaProfit Sector Investors' Newsletter™, the AlphaProfit Fund Investors' Guide™, and AlphaProfit MoneyMatters™.
"Effective Date" means the date that this Agreement shall be effective. The effective date shall be the date confirmed by Provider upon Provider's receipt, in good and sufficient funds, of your subscription payment. The date of such confirmation will be the date of the e-mail from Provider to you with the User Name and Password.
The term "Guide" means the AlphaProfit Fund Investors' Guide™ that includes the Monthly Update and Repositioning Alert documents published by the Provider and delivered to you by e-mail or via access to the website.
The term "MoneyMatters" means AlphaProfit MoneyMatters™ publication that is distributed free of charge to registered users of the website.
The term "Newsletter" means the AlphaProfit Sector Investors' Newsletter™ that includes the AlphaProfit Report, Indicator Update, Repositioning Alert, and Bulletin documents published by Provider and delivered to you by e-mail or via access to the website.
The term "Provider" means AlphaProfit Investments, LLC.
The term "RSS" means information provided by AlphaProfit in Really Simple Syndication Feeds or RSS Feeds to individuals for personal, non-commercial use.
The term "Registered User" means a person registering to receive the AlphaProfit MoneyMatters and other free publications by e-mail or via access to the website.
"Renewal Date" means the last day of your Subscription Term as shown on the records of Provider.
"Subscription Price" means the price shown on the Subscription Price Schedule for the term you selected on the Subscription Application.
"Subscription Price Schedule" means the schedule of prices for the various terms posted from time to time on the website by Provider.
"Subscription Term" means the chronological term of the subscription you selected on the Subscription Application.
The term "trademark" means both trademark and service mark as applicable.
"User Name" and "Password" mean your user name and password provided to you for accessing the website.
The term "website" means the website whose URL includes www.alphaprofit.com. The website is owned and operated by Provider.
All references to "you" and "your" refer to the Subscriber, Registered User, or User of the website.
2. Your Representations and Warranties
To induce Provider to accept your subscription and grant you access to the website including the RSS Feeds, you represent and warrant to Provider that:
(a) You are over the age of eighteen (18) years and have the power and authority to enter into and perform your obligations under this Agreement;
(b) You will comply with all the terms & conditions of this Agreement, including, without limitation, the terms incorporated by reference herein, if any;
(c) You have provided accurate and complete registration and subscription information, including, without limitation, your legal name, e-mail address, and postal address;
(d) You will not permit anyone else to use your User Name or Password, provide to anyone else your User Name or Password, or permit anyone else to access the website or the AlphaProfit publications using your subscription access;
(e) Your subscription to the AlphaProfit publications and the access granted to the website and any e-mails received from Provider, its agents or assigns, shall be for your personal and non-commercial use only;
(f) You will not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, license, upload, assign, retransmit, redistribute, display, post or create derivative works from any part of AlphaProfit Information. All forms of sub-licensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any AlphaProfit Information are strictly prohibited;
(g) You have read and understand the Disclosure posted on the website;
(i) You will only use the access granted under this Agreement for lawful purposes.
(j) You will comply with all applicable laws, including those regarding the export of data and all laws, rules and regulations that may be applicable to your use of AlphaProfit Information.
(k) You understand that this Agreement is a legally binding agreement; you have had the opportunity to consult with an attorney of your choice concerning your legal rights and obligations under this Agreement; and you enter into this Agreement freely and voluntarily with full knowledge of your legal rights and obligations under this Agreement.
(l) You will not interfere with or attempt to interfere with the operation of the website by Provider or the use of or access to the website by any other person or entity.
3. Description of Services
Provider publishes a regularly scheduled AlphaProfit Sector Investors' Newsletter™ of four parts, AlphaProfit Report, Indicator Update, Repositioning Alert, and AlphaProfit Bulletin. The planned publication dates and times are available in AlphaProfit's website.
Provider also publishes a regularly scheduled AlphaProfit Fund Investors' Guide™ of two parts: Monthly Update and Repositioning Alert. The planned publication dates and times are available in AlphaProfit's website.
Provider also publishes AlphaProfit MoneyMatters™. AlphaProfit MoneyMatters articles are published in the website and e-mailed to registered users of the website.
Provider shall work hard and make every commercially reasonable attempt to publish the documents at the dates and times indicated but the dates and times of publication are goals; Provider does not represent that the documents will be published or available on the dates or at the times stated. Provider reserves the right to change the publication dates and times without notice at the sole discretion of Provider.
The AlphaProfit publications provide commentary and information including third-party information on financial markets in general, mutual funds, exchange-traded funds, stocks, bonds, options, and other securities. Specifically, certain mutual funds are discussed and analyzed as investment vehicles. Model portfolios are constructed and tracked. Provider does not represent, endorse, or warrant the timeliness, sequence, accuracy, or reliability of AlphaProfit Information including third-party information.
AlphaProfit Information is intended for the citizens and residents of the United States of America. The information provided by Provider may not be appropriate for citizens of other countries or persons living in other geographical locations or other jurisdictions. The products mentioned in AlphaProfit Information may not be eligible for sale in some states or countries. Provider reserves the right to limit availability of AlphaProfit Information to any person, geographic area or jurisdiction.
Subscribers receive AlphaProfit Information either via e-mail or by visiting http://www.alphaprofit.com.
You agree that the publication dates and times of the parts of the AlphaProfit publications are not legally binding. You acknowledge and understand that the commentary and information concerning products and services of any third party are not approved or endorsed by Provider.
By applying for a Subscription, you represent that you reside in or are a citizen of the United States of America and that the information provided to you on the website and in the AlphaProfit publications are appropriate for you, regardless of the address you give to Provider. You also agree that you will comply with any local laws or regulations, including without limitation, securities or blue sky laws or any laws requiring registration or filings with local authorities, and the payment of any taxes, that may apply to your use of the website and the information contained thereon and contained in the AlphaProfit publications or e-mails from Provider. You agree that any correspondence to you, including e-mails, have been requested by you and Provider is authorized to send them to you.
This Agreement is void where prohibited by law, and the right to access is considered revoked in such jurisdictions.
To subscribe to the AlphaProfit publications and get access to the website, you must provide true and complete registration information, including, without limitation, your legal name, e-mail address, and postal address. You represent that you have provided that information truly and completely. You agree to maintain and update this information as necessary to keep it true, complete, and current. Provider reserves the right to terminate your subscription or limit access to the website if any portion of the information you provide to Provider is false, incomplete, or dated.
5. Term of the Subscription
The term of the Subscription begins on the Effective Date and ends at the completion of the Subscription Term. When the Subscription is renewed, such renewal operates as the consent of Subscriber to the provisions of the Terms & Conditions of Use and Subscriber Agreement in effect on the Renewal Date and any modifications or amendments which Provider may make to the Agreement thereafter.
6. Subscription Price
The Subscription Price you agree to pay is the price shown on the Subscription Price Schedule for the Subscription Term you select. The Subscription Price will not change for you during your Subscription Term. The Subscription price for any renewal will be the price in effect as of the Effective Date of the renewal.
The full Subscription Price for the Subscription Term is due in advance and is payable and fully earned on the Effective Date. If a credit card is used for payment, the Subscription Price will be charged to your credit card prior to the Subscription Term. The charges will appear on the credit card statement under the name PAYPAL * ALPHAPROFIT, AlphaProfit, or AlphaProfit Investments, LLC. However, Provider reserves the right to change, at any time, the name under which the charge is made.
If you pay by credit card, you authorize Provider to submit on that credit card for payment, without additional authorization or approval by you, any other amount that you may owe Provider under this Agreement.
8. Special Promotional Offers
Provider may from time to time, in its sole discretion, make special promotional offers for which specific subscription conditions shall apply. You will not be eligible for those offers unless Provider specifically notifies you that you may be eligible for the offer.
You agree subscription renewals shall be subject to the price shown on the Subscription Price Schedule in effect at the time of renewal and the provisions of the Terms & Conditions of Use and Subscriber Agreement in effect on the Renewal Date shall apply. You will be provided with an opportunity to review the Agreement in effect on the Renewal Date and accept the agreement when you renew your subscription. The subscription renewal will take effect at the end of the existing Subscription Term.
10. Refunds, Cancellation, and Termination
All amounts received for subscriptions to the AlphaProfit publications are non-refundable.
You may cancel your subscription to the AlphaProfit publications and your access to the website at any time. To cancel your subscription, you must give notice to Provider in writing either via e-mail or postal mail. The Subscription Price you paid will not be refunded or prorated if you cancel your subscription.
In the event that Provider determines that you breached this Agreement or any term or condition or provision of the Agreement, including non-payment, Provider has the right, but not the obligation, to immediately cancel your subscription and to terminate your access to the website or other services or products being provided to you by AlphaProfit without a refund.
Provider reserves the right, in its sole discretion, to cancel your subscription or terminate your access to the website at any time without cause and make a refund to you for any remaining whole months of your subscription.
The obligations of Provider to you under this Agreement including providing access to the website are terminated as of the cancellation of your subscription without further notice to you. Cancellation does not terminate this Agreement with respect to your obligations under this Agreement. In any event, your obligations under this Agreement and the disclaimers and limitations of liabilities in this Agreement shall survive until the expiration of the applicable statute of limitations.
11. Access and Accessibility
You agree that you have received Provider's services and/or products when Provider sends you the User Name and Password to the Subscriber Login section of the website. You may continue to receive AlphaProfit Information until the end of your Subscription Term or such earlier date as may be provided elsewhere in this Agreement. Information presented in the e-mail version of the AlphaProfit publications is available on the website for Subscribers in good standing.
Provider shall work hard to provide accessibility to the website 24 hours a day, 7 days a week. However, Provider uses or may use from time to time third-party servers and makes no guarantee whatsoever that the website shall be accessible. You agree that from time to time the AlphaProfit publications may not be delivered or the website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs Provider or any third party may undertake from time to time; or (iii) causes beyond the commercially reasonable control of Provider or which are not reasonably foreseeable by Provider.
Provider may, without notice to you or approval by you, change, suspend, or discontinue the AlphaProfit publications or the website at any time, including the availability of any feature, database, or content. Provider may, without notice or liability to you, also impose limits on certain features and services or restrict your access to parts of the website or to the services of Provider.
You agree that it is your responsibility to keep Provider informed of your e-mail address changes and any developments that might prevent your address from receiving the newsletters during your Subscription Term. Provider is not responsible for non-delivery of your e-mail due to changes in the address, service outages from your Internet service provider, or delays in any form.
12. User Name and Password
Provider will assign a User Name and Password for you to access the Subscriber Login section of the website. You agree that you have no right to transfer or assign your User Name or Password or allow others to use your User Name and Password. You agree that you have the sole responsibility for, and Provider has no responsibility or liability for, keeping your User Name and Password private and confidential. You agree that if you share your User Name or Password with anyone else or if your User Name or Password is used by anyone else, Provider may, in its sole discretion, terminate your Subscription and access to the website. Provider reserves the right to charge you for the cost of an additional subscription for each person to whom you provided your User Name or Password. Provider also reserves the right to seek recovery of any damages, costs and expenses, including attorney's fees, by any legal means.
You agree that you are aware that the Internet and any information sent via the Internet may be subject to hacking, malware, spyware, malicious code, worms, time bombs, viruses, and other risks (collectively, "Internet Risks") which could damage, destroy or alter your computer and the software and/or data thereon. You agree that it is your responsibility, and not Provider's, to protect your computer and the information stored thereon from all Internet Risks. Although Provider will take commercially reasonable steps the purpose of which is to prevent such from occurring, you agree that Provider shall not be responsible for, and shall have no liability for, any damage to you or your computer or your information as the result of Internet Risks or any other cause or effect resulting from your use of the Internet.
This website contains links to websites operated by other persons or entities. Provider does not control these other sites and is not responsible for their content. Provider does not necessarily endorse the linked sites or have any association with the owners or operators of those sites. Provider is not liable for any direct or indirect technical or system issues or consequences or Internet Risks arising out of your access to or use of third-party technologies or programs available through this website.
You agree not to transmit any Internet Risks to Provider. You agree to notify Provider promptly if your computer is harmed by Internet Risks that you know or reasonably suspect resulted from communication related to Provider.
You agree not to, nor allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this website or any content herein. You agree not to, nor allow others to, directly, or indirectly, collect or attempt to collect any information about others including e-mail addresses, names, and other information.
You agree not to use the website in any way that is unlawful, or harms Provider, its affiliates, Subscribers, service providers and/or suppliers (each, a "Provider Party" and collectively, the "Provider Parties") or any customer of a Provider Party, as determined in Provider's sole discretion.
You may not use the website in any way that breaches any code of conduct, policy or other notice applicable to the website. Without limiting the generality of this section, you may not use the website in any manner that could damage, disable, overburden, or impair the website (or the network(s) connected to the website) or interfere with any other party's use and enjoyment of the website.
Without limiting the generality of the foregoing, you agree not to use the website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Provider may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the website includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the website.
(a) Identified categories of personally identifiable information collected about you;
(b) Disclosed the categories of third-party persons or entities with whom the personally identifiable information may be shared;
(c) Disclosed and explained any existing process that allows you to review and request changes to the personally identifiable information that has been collected about you;
15. Liability and Indemnification
All AlphaProfit Information contains statements and data that have been obtained from sources believed to be reliable but their accuracy, completeness, timeliness, uninterrupted delivery, or usefulness is not guaranteed.
Your use of AlphaProfit Information is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all AlphaProfit Information. Under no circumstances, including but not limited to, negligence, shall AlphaProfit be liable for any direct, indirect, incidental, punitive, special, consequential, or other types of damages that result in any way from or are otherwise connected in any way to (a) the use, reliance, or downloading of any materials supplied by AlphaProfit, or (b) delays, errors, interruptions, mistakes, or omissions in any materials supplied by AlphaProfit, or (c) the inability to use AlphaProfit Information.
You specifically acknowledge and agree that AlphaProfit is not liable for any conduct of any third-party user or provider.
You agree to indemnify and hold harmless AlphaProfit from and against any and all claims, causes of action, liabilities, expenses (including attorneys' fees) and damages arising out of claims related to or arising out of or connected with or resulting from (1) your use or misuse of any products or services of AlphaProfit or information obtained from AlphaProfit or materials uploaded or downloaded or transmitted by AlphaProfit, including the website and the AlphaProfit publications; and/or (2) any claims alleging facts that if true would constitute a breach by you of any of these terms and conditions or the terms and conditions referenced herein or on the website; and/or (3) claims made by any third party due to or arising out of your access to the website, receipt of the AlphaProfit publications or use of your User Name or Password; and/or (4) the infringement by you, or any third party using your User Name and/or Password, of any intellectual property or other right of any person or entity.
You agree that your sole and exclusive remedy against AlphaProfit is to discontinue using AlphaProfit Information, accessing the website, and subscribing to the AlphaProfit publications. Under no circumstances will AlphaProfit be liable to any subscriber to the AlphaProfit publications or website visitor for any damage.
16. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT ALPHAPROFIT INFORMATION, INCLUDING ANY THIRD-PARTY INFORMATION, IS PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF THE INFORMATION OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN ALPHAPROFIT INFORMATION , OR THE RESULTS OBTAINED FROM ACCESSING AND USING ALPHAPROFIT INFORMATION AND YOU AGREE THAT ALPHAPROFIT SHALL NOT BE RESPONSIBLE THEREFOR. OPINIONS EXPRESSED IN ALPHAPROFIT INFORMATION REFLECT THE THOUGHT OF PROVIDER AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
ALL MATERIALS AND SERVICES FROM A THIRD PARTY THAT ARE PROVIDED BY ANY THIRD PARTY, OR THIRD-PARTY SITES TO WHICH IT LINKS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
PROVIDER DOES NOT WARRANT THAT ALPHAPROFIT INFORMATION OR OTHER SERVICES AND PRODUCTS OF ALPHAPROFIT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY E-MAIL FROM ALPHAPROFIT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT PROVIDER MAY AT ANY TIME, WITHOUT YOUR CONSENT OR APPROVAL, AND WITHOUT NOTICE TO YOU, MAKE IMPROVEMENTS, MODIFICATIONS, AND/OR CHANGES TO ALPHAPROFIT INFORMATION (INCLUDING THE WEBSITE, REPORTS, AND E-MAILS) INCLUDING CHANGES TO THESE TERMS AND CONDITIONS AS PROVIDED FOR IN THIS AGREEMENT.
THIS DISCLAIMER BY PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS TO THE FULLEST EXTENT ALLOWED BY LAW. IF ANY PORTION OF THESE DISCLAIMERS IS NOT APPLICABLE TO YOU AS A RESULT OF THE APPLICATION OF YOUR STATE LAW TO THIS AGREEMENT OR THESE DISCLAIMERS, YOU AGREE THAT THE DISCLAIMERS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY YOUR STATE LAW AND SHALL BE MODIFIED TO PROVIDE THE MAXIMUM DISCLAIMER POSSIBLE UNDER SUCH LAW.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT. ALPHAPROFIT SHALL NOT HAVE ANY LIABILITY WHATSOEVER EITHER FOR ANY COVER OR SETOFF OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY TO YOU, IF ANY, OF ALPHAPROFIT, SHALL BE LIMITED TO THE AMOUNT OF MONEY ACTUALLY RECEIVED FROM YOU.
17. Third-Party Content
Nothing in this Agreement shall constitute or imply a sale or transfer or conveyance or license of any rights of any third party.
18. Intellectual Property
All contents of AlphaProfit Information are copyrighted by AlphaProfit or third-party content providers and are protected by United States and international copyright laws including protection as a collective work and/or compilation. AlphaProfit shall at all times be and remain the sole and exclusive owner of AlphaProfit Information (except for third-party information and links therein). AlphaProfit is the sole and exclusive owner of all the rights, titles, and interests in AlphaProfit Information including AlphaProfit's trademarks, copyright, trade names and other intellectual property rights. All materials displayed or provided to you in AlphaProfit Information (including but not limited to, text, graphics, logos, articles, photographs, images, illustrations, audio clips and video clips, all or any of which are referred to herein as 'Content') are protected by copyright, and owned or controlled by AlphaProfit or third parties. All rights are reserved.
AlphaProfit, and other names of AlphaProfit products and services referenced herein or in AlphaProfit Information are trademarks of AlphaProfit. AlphaProfit™, AlphaProfit Core™, AlphaProfit Focus™, AlphaProfit Fidelity NTF Growth™, AlphaProfit Fund Investors' Guide™, AlphaProfit Investments™, AlphaProfit MoneyMatters™, AlphaProfit News™, AlphaProfit Sector Investors' Newsletter™, AlphaProfit Sector Portfolio Indicator™, AlphaProfit Stock Searchlight™, ValuM™ Investment Process, and the slogans, Ideas. Insights. Results.™, You Gain. We Guide.™ and Nurture your investments for a secure future.™ are the property of AlphaProfit Investments, LLC. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any AlphaProfit trade name or mark or service name or mark that is similar or confusingly similar to the AlphaProfit trademarks.
All other trademarks, service marks, brands, and names are the property of their respective owners.
You agree that you will abide by all copyright notices, information, and restrictions contained in any Content you receive or access. You agree that you will not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, translate, reverse engineer, decompile, disassemble, license, upload, assign, retransmit, redistribute or post any part of AlphaProfit Information or in any way exploit, any of the Content, in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by Provider for download, for personal use only, provided that you do not violate the copyright notices of third parties and provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. All forms of sub-licensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any AlphaProfit Information are strictly prohibited.
You may use AlphaProfit Information for your own internal or personal, non-commercial use. Any other use of this information is strictly prohibited unless prior written permission has been obtained from Provider. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from AlphaProfit or from the copyright holder thereof. The right to use any Content is not transferable to any other person or entity. You agree that you will not take any information out of context or use it in an unfair, misleading or discriminatory manner.
You agree that you are fully and solely responsible for all use under your User Name and/or your Password and for ensuring that all use through you complies fully with the provisions of this Agreement.
You agree that you will make no claim on or use any of the intellectual property of AlphaProfit or any third party.
19. Disclaimer of Securities Information
Investing and trading in stocks and other securities are risky. Investments in mutual funds and exchange-traded funds mentioned in AlphaProfit Information carry an inherent element of risk, including the potential for loss of principal. Provider cannot guarantee and you should not assume past performance of AlphaProfit model portfolios, AlphaProfit's investment strategy, any mutual fund, exchange-traded fund, or any stock, is either an indication of or a guarantee for future results. Provider cannot and does not give any assurance that the trades placed based on AlphaProfit Information will be profitable.
AlphaProfit Information may contain opinions and statements concerning or related to securities and investments. AlphaProfit does not represent, endorse, or warrant the timeliness, sequence, accuracy, or reliability of any such information. Neither AlphaProfit nor any provider of information or content in AlphaProfit Information shall have any liability for investment decisions based upon, or the results obtained from AlphaProfit Information. See Disclaimer of Warranties, above.
AlphaProfit is not soliciting you to execute any trade. Nothing contained in AlphaProfit Information is intended to be, nor shall it be construed as an offer to buy or sell securities or to give individual investment advice.
AlphaProfit does not offer individual investment advice and does not seek to know your specific investment objectives, financial situation, or particular needs. AlphaProfit does not collect your financial information except as required for the receipt of your subscription.
You agree that you have not provided Provider with your specific investment objectives, financial situation, or particular needs. You agree to use AlphaProfit Information for informational purposes only. You agree that Provider does not and has not provided you with any investment advice.
The products mentioned in AlphaProfit Information may not be eligible for sale in some states or countries, and they may not be suitable for you. Before buying or selling any mutual fund, exchange-traded fund, security, or investment, read the prospectus carefully.
You agree that your use of AlphaProfit Information is at your own risk. You agree that any trades you execute following AlphaProfit Information are taken at your own risk for your own account.
Provider is neither a registered broker-dealer nor a registered investment advisor under the laws of the United States or any State or any other jurisdiction.
20. Modification and Amendment
21. RSS Feeds
AlphaProfit provides feeds in the RSS format free of charge to individuals for their personal, non-commercial use. By using Providerís RSS feeds, you agree to be bound by the Terms and Conditions of Use in this Agreement. If you do not agree to the terms and conditions of use contained herein, Provider does not consent to provide you with an RSS feed, and you should not use any of Providerís RSS feeds.
The RSS feeds are the property of Provider and are protected by United States copyright law and international copyright treaties. Provider reserves all title, ownership, rights and intellectual property rights in and to the RSS feeds, all content contained therein, and to Providerís trademarks and logos. You acknowledge that you do not acquire any ownership rights in the foregoing by using the RSS feeds, and your right to use the Providerís trademarks and logos is limited to providing attribution in connection with Providerís RSS feeds.
Subject to these Terms and Conditions of Use in this Agreement, Provider grants you a revocable, non-transferable, non-sub licensable, non-exclusive, royalty-free license to display the headlines, links, source identifiers and other information contained in the RSS feeds. Provider may restrict, suspend or terminate your access to the RSS feeds at any time without liability.
In using the RSS feeds, you must provide proper attribution to Providerís website. You may provide this attribution either in text by using http://www.alphaprofit.com or with a graphic by using the AlphaProfit MoneyMatters logo that Provider has included in the RSS feed itself. You must always provide a hyperlink (full URL) to the article quoted from the Providerís RSS feed. Providerís RSS feed also includes the author of each individual article in the feed alongside each headline. You shall not alter, edit or delete any such information. You may display a short excerpt from the article quoted by you. Displaying in full or a significant portion of the article is strictly prohibited. See ĎIntellectual Propertyí above.
You shall not sell the Providerís RSS feeds or retransmit, disseminate, distribute, publish, broadcast, circulate or commercially exploit the Providerís RSS feeds in any manner except as expressly permitted herein without the express written consent of Provider, and you shall not use the information for any unlawful purpose. Provider reserves the right to require you to cease using Providerís RSS feeds and AlphaProfit information at any time and for any reason.
The RSS feeds are provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, AlphaProfit Investments, LLC, the owner of the website, and any parents, subsidiaries, affiliates, officers, members, directors, managers, employees, agents, attorneys, and/or suppliers of AlphaProfit Investments, LLC disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on Providerís website. See ĎDisclaimer of Warrantiesí above.
Provider shall have the right, at its sole discretion, to change, modify, add or delete terms of this Agreement at any time without notice and without your consent or approval. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Providerís website and any subsequent use of the Providerís RSS feeds by you after such posting shall be deemed acceptance by you of such changes, modifications, additions or deletions. You agree that the availability of the RSS feeds is subject to change at Providerís sole discretion. You agree to review periodically this Agreement as posted on the website since subsequent use by you of the Providerís RSS feeds shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions.
22. Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court in Fort Bend County, Texas having jurisdiction thereof. The parties agree that a single arbitrator shall be agreed to by the parties. If the parties do not agree to a single arbitrator within 30 days of the initial request for arbitration, the parties authorize the American Arbitration Association to appoint a single arbitrator. The place of arbitration shall be Sugar Land, Fort Bend County, Texas. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration, provided, however, where this Agreement provides for the recovery of attorney's fees, the arbitrator shall award such attorney's fees. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
AlphaProfit shall have the right to pursue relief, including self-help and injunctive relief, without participating in arbitration, in claims involving the unauthorized use or disclosure or violations of the confidentiality of AlphaProfit Information.
(a) This Agreement shall be governed by the laws of the State of Texas and the United States of America without reference to conflicts of laws. Conflict of laws provisions shall be construed as to make the laws of the State of Texas applicable hereto and Fort Bend County, Texas, as the venue of any dispute. Any action to enforce this agreement shall be brought in the federal or state courts located in Fort Bend County, Texas.
(b) The failure or delay in exercising or enforcing any right or remedy hereunder by Provider shall not constitute a waiver of any right or remedy, or future exercise thereof.
(c) If any provision of this Agreement is determined to be unlawful, invalid or unenforceable under any applicable statute or rule of law, it is, to the extent of such provision, to be deemed omitted and shall not affect the validity and enforceability of the remaining provisions and the balance of the Agreement shall remain enforceable.
(d) Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
(e) The respective rights and obligations of the parties under the Disclaimer, Indemnity, Intellectual Property, and Arbitration provisions, and other specific survival provisions of this Agreement shall survive the termination or expiration of this Agreement.
(f) The parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
(g) Provider reserves the right to make any and all changes to AlphaProfit Information at its sole discretion without notice to or consent or approval of the Subscriber. Provider reserves the right to deny access to AlphaProfit Information to anyone at any time.
(h) This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in AlphaProfit Information; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
(i) Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises by any reason beyond its commercially reasonable control, including Acts of God, acts of an enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in communication or transportation, or any act or failure to act by the other party provided, however, lack of funds and/or non-payment by a party shall be deemed to be beyond that party's control.
(j) Yahoo group, Alphaprofitinvestments, is administered in compliance with Yahoo! Groups and Yahoo! Privacy policies and procedures. Provider expressly disclaims any responsibility for the content or accuracy of any information posted to this Yahoo group and for any trading, investment, or other decisions made on the basis of this information.
Last Update: September 20, 2009
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