|
|
IMPORTANT!
THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN YOUR
(THE "SUBSCRIBER") USE OF WINNINGINVESTMENTS.COM AND/OR OPTIONSEARCHER.COM (THE "SERVICE") PROVIDED BY WINNING INVESTMENT STRATEGIES,
INC. (THE "COMPANY").
- 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/thirty-five/sixty dollars ($30/$35/$60) based on subscription
type or an annual fee of three hundred/three hundred fifty/six hundred
dollars ($300/$350/$600) (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.
|
|
Terms of Use 
