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Terms of Service
Agreement (continued)
f. The site and emails maintained and distributed by www.BeatTheStockMarket.com
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any errors, omissions or delays related thereto.
h. The subscription to www.BeatTheStockMarket.com is only
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makes no representation that the Services provided are appropriate
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6. Indemnification
You will indemnify and hold www.BeatTheStockMarket.com, its
parents, subsidiaries, affiliates, officers and employees,
harmless, including costs and attorneys' fees, from (i) any
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of the Services as selected or as applied by you, (ii) any
claim or demand made by any third party due to or arising
out of your access to the Site, use of the Services, the violation
of this Agreement by you, or the infringement by you, or any
third party using your www.BeatTheStockMarket.com User ID
and password, of any intellectual property or other right
of any person or entity.
7. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SITE ARE STILL UNDER
DEVELOPMENT AND THAT THE SERVICES, CONTENT, SITE AND ANY SOFTWARE
ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
8. Accessibility
You agree that from time to time www.BeatTheStockMarket.com
may be inaccessible or inoperable for any reason, including,
without limitation: (i) equipment malfunctions; (ii) periodic
maintenance procedures or repairs which www.BeatTheStockMarket.com
may undertake from time to time; or (iii) causes beyond the
control of www.BeatTheStockMarket.com or which are not reasonably
foreseeable by www.BeatTheStockMarket.com. WWW.BEATTHESTOCKMARKET.COM
may change, suspend or discontinue the Services at any time,
including the availability of any feature, database, or content.
WWW.BEATTHESTOCKMARKET.COM may also impose limits on certain
features and services or restrict your access to parts or
all of the Services without notice or liability.
9. Termination
WWW.BEATTHESTOCKMARKET.COM reserves the right to terminate
your subscription or limit your access to www.BeatTheStockMarket.com
at any time, in its sole discretion, and make a refund to
you for any remaining whole months on your subscription. In
the event of a breach of this Agreement by you, www.BeatTheStockMarket.com
reserves the right to immediately terminate your access without
a refund.
10. Modification and Amendment
WWW.BEATTHESTOCKMARKET.COM reserves the right, at its discretion,
to modify this Agreement at any time by posting a notice on
the Site, or by sending you a notice via e-mail. You are responsible
for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes
your acceptance of the terms and conditions of this Agreement
as modified.
11. 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 Redmond, Washington (King County). This
Agreement shall be governed by the laws of the state of Washington.
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.
12. Miscellaneous
a. Law. This Agreement shall be governed by the laws of the
state of Washington and the United States of America without
reference to conflicts of laws.
b. Waiver and Severability. No failure or delay in exercising
or enforcing any right or remedy hereunder by www.BeatTheStockMarket.com
shall constitute a waiver of any other right or remedy, or
future exercise thereof. If any provision of this Agreement
is determined to be invalid under any applicable statute or
rule of law, it is to that extent to be deemed omitted, and
the balance of the Agreement shall remain enforceable.
c. Survival. The respective rights and obligations of the
parties under Sections 5, 6, 7, 8 13, and this Section 14
shall survive any termination or expiration of this Agreement.
d. Both 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.
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