MarketClub™ User Agreement
DISCLAIMER, TERMS, AND CONDITIONS
INO.com, Inc., a Maryland corporation (referred to hereafter as 'INO'), offers a premium subscription-based service known as MarketClub™ which is an expanded suite of online tools, services and training materials beyond what is currently offered under the Free User status. By completing the registration process, paying all required subscription fees, and using MarketClub, you are indicating that you agree to be bound by all of the terms in this Subscriber Agreement. Please print and keep a copy of this Agreement. INO may change the terms in this Subscriber Agreement. When the terms are changed, INO will notify you by email or online postings. The changes also will appear in this document, which you can access at any time using the 'Terms of Service' link at the bottom of any page on the site. If you do not agree to be bound by the changes, you should not use MarketClub again and you should cancel your subscription to MarketClub. If you use MarketClub after INO has notified subscribers of a change in the Subscriber Agreement you are agreeing to be bound by all of the changes.
PRIVACY OF INFORMATION
Please review our PRIVACY STATEMENT, which also governs your use of Market Club, to understand how we collect and use information about you.
FEES AND PAYMENTS
If you subscribed online by credit card, your subscription will automatically renew at the regular subscription rate unless you contact us to cancel prior to your renewal date. Users who subscribed by personal check will not receive a renewal notice. You are responsible for renewing your account before the expiration date.
If you believe someone has accessed MarketClub using your user name and password without your authorization, you must contact INO Monday - Friday 9am - 5pm ET at 410-867-2100.
If you are a subscriber and not satisfied with MarketClub, we will cancel your account at any time. If you signed up under the promotional $8.95 price for 30 days, your account will be terminated immediately upon cancelation and your credit card will never be charged again.
ONLY ONE TRIAL PER USER. Users who have taken a trial membership and then cancel will be charged the full subscription price if they decide to become a member again. This full subscription charge is nonfundable. You will able to take an additional $8.95 trial membership only after 90 days have passed from the end of your previous subscription.
To cancel a subscription, contact INO at 410-867-2100 or email our support department. If you cancel your subscription, you will not be able to re-subscribe for three months from the date of cancellation. It is your responsibility to cancel before your subscription renewal. There are no prorated refunds of any kind.
COPYRIGHT AND LIMITATIONS ON USE
Only one individual may access MarketClub at the same time using the same user name or password unless agreed otherwise by INO. The content available through MarketClub is the property of INO or its licensors and is protected by copyright, trademark and other intellectual property laws. MarketClub is a trademark of INO.com, Inc. Content received through MarketClub may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree to access the information available on MarketClub manually by request and not programmatically by macro or other automated means. You agree not to reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate the content received through MarketClub to anyone, including but not limited to others in the same company or organization, without the express prior written consent of INO, with this one exception:
You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from MarketClub for non-commercial purposes, without charge, to a limited number of individuals provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in MarketClub, original source attribution, and the phrase 'Used with permission from INO.com, Inc.' To request consent for other matters, please contact INO at 410-867-2100.
ACCESS, AVAILABILITY OF SERVICE, AND LINKS
MarketClub may contain links to other related World Wide Web Internet sites and resources of MarketClub. Since INO is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
DISCLAIMER OF WARRANTIES AND LIABILITY
MarketClub provides financial information to online investors using unique, interactive analysis tools. It also offers various quotes, charts, analyses and data downloads. INO and its content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these offerings, give tax or investment advice, or advocate the purchase or sale of any security or investment. Due to the number of sources from which content in MarketClub is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and MarketClub.
INO.COM, INC. AND ITS AFFILIATES, AGENTS AND LICENSORS PROVIDE MARKETCLUB ON AN 'AS IS' BASIS AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH MARKETCLUB, OR MARKETCLUB ITSELF. YOU HEREBY ACKNOWLEDGE THAT USE OF MARKETCLUB IS AT YOUR SOLE RISK. NEITHER INO OR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURYCAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING MARKETCLUB AND ANY CONTENT THROUGH MARKETCLUB. IN NO EVENT WILL INO, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR MARKETCLUB. INO AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF INO, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH MARKETCLUB OR THE CONTENT IN MARKETCLUB SHALL NOT EXCEED THE AMOUNT YOU PAID TO INO FOR THE USE OF MARKETCLUB IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. Government Required Disclaimer - Commodity Futures Trading Commission
Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
All trades, patterns, charts, systems, etc., discussed in this advertisement and the product materials are for illustrative purposes only and not to be construed as specific advisory recommendations. All ideas and material presented are entirely those of the author and do not necessarily reflect those of the publisher or INO.com.
You hereby indemnify, defend and hold harmless INO and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the 'Indemnified Parties') from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your MarketClub account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. INO reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
REGISTRATION AND SECURITY
As part of the registration process, you will be issued a password and a subscriber ID. You are also required to give us certain registration information, all of which must be accurate and updated. You may not: (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that INO, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.
You shall notify INO at 410-867-2100 of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password.
You are responsible for all usage or activity on your MarketClub account, including use of the MarketClub by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at INO's sole discretion and INO may refer you to appropriate law enforcement agencies.
$8.95 Promotional Membership
If you paid $8.95 for the first month of membership upon joining, this policy applies to your membership.
You may terminate your MarketClub account at any time during the first 30 days of membership by contacting INO by phone or email and you will accrue no further charges. The initial $8.95 membership charge is non-refundable.
If you do not cancel your membership within the first 30 days, the non-refundable remainder of your membership will be charged at the membership rate that you selected via the payment information you provided upon sign-up.
No pro-rated refunds will be given.
INO reserves the right to discontinue MarketClub or its availability to you based on circumstances beyond our control.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the State of Maryland. You consent to the exclusive jurisdiction and venue of courts in Anne Arundel County, Maryland, USA.