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Terms of The Site and Subscription Agreement

Terms of the Site and Subscription Agreement Between You and Stock Tips, LLC ("we","our", "us," as the case may be). All references to “the Site” shall include the owner of the Site, Stock Tips, LLC, and any affiliates, subsidiaries, officers and employees of Stock Tips, LLC, or its owners. All references to "you" and "your" shall mean you the subscriber.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING, WWW.MARKETBEATINGSTOCKS.COM, THE SITE PROVIDED BY US (the “Site”).  ACCEPTANCE BY US AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS;
1.  Subscription. We make available certain online subscription to the Site, and other Sites and products.  The following shall apply in the event that you subscribe to any subscription the Site or the Sites offered by us on the Site (the “Subscription”).

    1. Terms.  You authorize us to charge the credit card account, designated during the registration process, the current fees and charges for each term according to the subscription plan chosen by you. The Subscription will continue until we receive notification from you as described in subsection (v) below.  All subscription fees will be charged to the credit card provided by you. Payment for a subscription is due in advance and will be charged to your credit card prior to the period selected. Renewal of month-to-month subscriptions is automatic. The renewal of your subscription will continue and your credit card charged until you cancel your subscription prior to the beginning of the automatically renewed subscription period as provided below. We reserve the right to change the rates for the subscription at any time following 30 days notice by email to you. The subscription rate change shall apply to all subsequent billings following the 30-day notice period. You are responsible for any charges associated to connecting to the Site, including but not limited to, any telephone line charges or any Internet access provider charges.  You shall provide us with accurate, complete and updated information as to your name, e-mail address and credit card information provided by you at registration, you must update this information as it changes by visiting  www.marketbeatingstocks.com and following the directions set forth there.  Failure to do so will constitute a breach of this Agreement.
    2. The subscription to the Site is only intended for citizens and residents of the United States of America, currently residing there. We make no representation that the Site provided is appropriate for other geographical locations or jurisdictions. We reserve the right to limit availability of the Site to any person, geographic area or jurisdiction. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of the Site, or any emails sent by us, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes.
    3. Username and Password.  Upon subscribing, you will receive a username and password.  You agree to keep your username and password private your username and password are solely for your personal use and may not be shared with anyone.  You agree that you have no right to transfer or assign the User Name or Password, and that you are solely responsible for maintaining confidentiality of the User Name and Password. If you believe that your User Name or Password is no longer secure, you agree to promptly notify us and change your User Name and Password.
    4. Termination.  Either you or we may terminate this Agreement at any time.  Your only right with respect to any dissatisfaction with (A) any terms and conditions of this Agreement, or policy or practice of us in operating the Site, (B) content available through the Subscription or change therein, or (C) amount or type of fees or billing methods, or change therein, is to terminate this Agreement.  Notice of termination will be effective upon receipt by us.  Without limiting the foregoing, we shall have the right to immediately terminate this Agreement with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you or this Agreement.  Fees paid for any Subscription are paid in advance and are not refundable in whole or in part.
  1. Information; No Warranty.  The Site contains information and publishes a newsletter which is delivered by either email or posting on areas of the World Wide Web which may be password protected areas. The Site and newsletter provide commentary and information on stocks and other securities, and the financial markets in general, including financial market data, quotes, news, research and opinions or other financial information (collectively “Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers and other providers (collectively the “Information Providers”) or has been obtained or generated by us. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through us, the Information Providers or any other third party transmitting the Information (the “Information Transmitters”) or warrant any results from your use of the Information (collectively the Information Providers and Information Transmitters are known as “Third Party Service Providers). Any Information prepared as of the date indicated may become unreliable for various reasons including, for example, changes in market or economic circumstances.  We and each of our Information Transmitters are not obligated to update any Information or opinions contained in any Information or to continue to offer Information regarding any company or security. You acknowledge that recommendations in the Information to buy, sell, hold, or otherwise consider particular securities are not, and should not be construed as, recommendations or advice to you designed to meet your particular objectives or financial situation. All such Information is provided “as-is” and “as-available.”  You agree that neither we nor any of the Information Providers or the Information Transmitters shall be liable in any way for any decision made or action taken by you relying upon the Information. You further agree that neither we nor any of the Information Providers or the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Site. You understand that none of the Information available through the Site constitutes a recommendation or solicitation that you should purchase or sell any particular security or use the services of any Third-Party Service Providers, including but not limited to Information Providers and Information Transmitters.
    1. Newsletter and e-mail Information Terms.  We may, from time to time, send email notices with the newsletter which are subject to certain limitations and requirements that are described here and that may be described at the time you subscribe, or we subscribe for you, to a particular communication. Your subscription or use of any such communication will serve as an acknowledgement that you have read and understood the applicable limitations and conditions. The Information may be delayed. Neither we nor any Information Provider guarantee the accuracy, completeness, or timeliness of information. Reliability of your receipt of such Information and their timeliness will also depend on factors outside of our control, including Internet, e-mail, and pager availability and transmission capabilities. Such communications are not investment recommendations or advice. Any investment decision you make on their basis is your sole responsibility. Such communications are sent through unencrypted e-mail, and neither we nor any Information Provider are liable for any unauthorized use or interception. If you subscribe to such communications, you acknowledge that you have read and understood this notification.

3.  License. You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Site may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
a.   We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and the Information as part of the Site as provided to you by us. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by us, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site and Information or any part thereof, create internet “links” to the Site or “frame” or “mirror” any content on any other server or wireless or internet-based device, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by We, in writing. Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Site and Information, grant a security interest in or over your rights to use the Site and Information, or otherwise transfer any part of your rights to use the Site and Information.
4.  Intellectual Property Matters.

  1. Copyright.  All materials displayed or performed on the Site, or in emails sent by us, (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by us or our third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of the Site), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or the Site in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by the Site, for download, for personal use only, 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. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content’s copyright notice.
  2. Trademark.  The names, marks and logos appearing in the Site are, unless otherwise noted, trademarks owned by or licensed to us or an affiliated company.  The use of these marks, except as provided in this Agreement, is prohibited.  From time to time, we make fair use in the Site of trademarks owned and used by third parties.  Any such marks are clearly noted, and we make no claim to ownership of those marks.
  3. We respect the intellectual property of others, and asks you to do the same. If you believe in good faith that there is a copyright infringement, please provide our Copyright Agent at service@marketbeatingstocks.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) description of the copyrighted work that you claim has been infringed; (c) description of where the material that you claim is infringing is located; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For more information about the law of copyright and the Digital Millennium Copyright Act (DMCA), see http://www.loc.gov/copyright/. 

5.  Privacy and your personal information. For information about our data protection practices, please read our privacy policy on the Site which is incorporated by reference and made a part of this Agreement. This policy explains how we treat your personal information, and protects your privacy, when you use the Site.
6.  Important Securities Disclaimer. For important disclaimers about your use of our Site, please read our Disclaimers on the Site, which are incorporated by reference and made a part of this Agreement.
7.  Third Party Links.  The site and emails maintained and distributed by us may contain links to the sites of third parties. The linked sites are not under our control and we are not responsible for the content of those sites. These links are provided only as a matter of convenience and inclusion of a link by the Site does not imply an endorsement of, or an association with, any third party's linked site, or products of the sites, unless expressly stated.  We are not a party to any agreement or transaction which you enter into with a third party accessed through a link. You are responsible for reading and complying with the terms of use, privacy statement and disclaimer for any linked site. The online trading sites that you may access through links on the Site are sites offered by listed independent brokerage firms and require that you open and maintain a brokerage account with them. We do not endorse or recommend the sites of any brokerage firm and you agree that we shall not be liable for any damages or costs arising out of your relationship with any brokerage firm.
8.  Accessibility.  You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable by us. We may change, suspend or discontinue the Site at any time, including the availability of any feature, database, or content. The Site may also impose limits on certain features of the Site or restrict your access to parts or all of the Site without notice or liability.

9.  Representations and Warranties. You represent and warrant to us that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all the terms and conditions of this Agreement, including, without limitation, the Terms of Use set forth below; and (c) you have provided accurate and complete registration and subscription information, including, without limitation, your legal name, address and telephone number.
            10.  Disclaimer of Warranties. THE SITE AND INFORMATION ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.  WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT.  USE OF THE SITE AND INFORMATION IS AT YOUR SOLE RISK.  WE DO NOT WARRANT THAT THE SITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND INFORMATION ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR THAT THE OPERATION OF THE SITE AND INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND INFORMATION WILL BE CORRECTED.  FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND INFORMATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS HEREUNDER.
11.  Securities Professionals May Not Use Research Reports In Their Business. If you are a securities broker, dealer or investment banker, by requesting or receiving any Research Reports, you agree not to use any such Research Reports for any purpose related to your business.
12.  Limitations of Liability:  Limitation of Damages.  WE, THE THIRD PARTY THE SERVICE PROVIDERS, AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES EVEN IF YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION OR USING THE SITE AND INFORMATION, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST US, ANY THIRD PARTY SERVICE PROVIDER, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION WE MAKE AVAILABLE TO YOU OR IN PROVIDING THE SITE AND INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
13.  Use of Proprietary Information. The Information and other content provided in connection with the Site and Information is our property or the property of the Third Party Service Providers or their licensers and are protected by applicable law, including copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information and other content in any manner without our express written consent or the Third Party Service Providers, or any other person with the authority to give such consent. You agree that you will not use the Information and other content for any unlawful purpose. You further agree to comply with all our reasonable written requests intended to protect the Third Party Service Providers’, and our respective rights in the Information and the site.  You will not remove any proprietary notices (e.g., copyright and trademark notices) from any Information or other content provided in connection with the Site and Information. The names of actual companies and products on the Site may be the trademarks of their respective owners.  You and any others are not permitted to use these marks without the prior written consent of these third party owners.
14.  Indemnification.  You agree to defend, indemnify and hold us and the Third Party Service Providers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement, state or federal securities laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
15.  General.
15.1      Force Majeure.  Neither party shall be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions.
15.2      Entire Agreement. This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof.  No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. This Agreement may be amended only by a written agreement signed by both parties.
15.3      Governing Law and Limitation of Actions.  This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of North Carolina, without reference to its conflict of laws rules. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
15.4.     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(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the City of Charlotte, North Carolina (Mecklenburg county). This Agreement shall be governed by the laws of the state of North Carolina. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The arbitrators 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.
15.5.     Relationship of the Parties.  The parties agree that we shall perform our duties under this Agreement as an independent contractor.  Nothing contained herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties.  Personnel employed or retained by us who perform duties related to this Agreement shall remain under our supervision, management, and control.
15.6.     Severability.  If any of the provisions of this Agreement are found or deemed by a court to be invalid or unenforceable, they shall be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement.
15.7.     Waiver.  Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this Agreement.  Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.
15.8      Survival. The following provisions shall survive termination or expiration of this Agreement:  Sections 3 - 15.