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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.
You can always find the current Subscription Fees and charges posted in the
WELCOME section of our website. All fees are due in advance.
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 x2.
If you are a subscriber and not satisfied with MarketClub, we will
cancel your account and provide a full refund up to thirty days from when your
service began. Refunds are given only in the first thirty days, once
per customer, no multiple refunds will be given. To request a refund,
contact INO at 410-867-2100 x2. All refunds are issued as a credit to
the credit/debit card used in making the original payment. Individuals who
subscribe by check are not eligible for refunds. If you cancel your subscription, you will not be able to re-subscribe for three months from the date of
cancellation.
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. 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 x2.
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.
INDEMNIFICATION
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 attorneysŐ 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 select 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 personŐs
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 x2 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.
TERMINATION
INO may discontinue or change MarketClub, or its availability to you,
at any time.
You may terminate your MarketClub account at any time by
contacting INO.
Upon termination, you will receive confirmation by email that
the request was received, and your access to MarketClub will be suspended
within 24 hours. You will still have access to INO's Free User service. Any data
stored on INO's servers as part of your MarketClub account may be lost.
MISCELLANEOUS
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.
By participating in a free promotional trial of MarketClub for any
alloted amount of time, you agree to forfeit your right to a 30-day
money back guarantee. You will be offered all benefits and services of
a subscribing MarketClub member for the extent of your free trial. If
at any time after your free trial you decided to become a subscribing
member of MarketClub you obtain all the rights of full member with the
exception of the 30-day money back guarantee.
INO's TERMS OF USE are hereby incorporated as part of this Subscription
Agreement. By agreeing to the terms of this Agreement, you also are agreeing
to abide by, and be bound by, INO's Terms of Use.
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