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Terms of Use

BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS.

ExitPoint LLC ("ExitPoint"), a limited liability company organized and existing under the laws of Pennsylvania, hereby grants you a limited, non- exclusive, non-assignable and non-transferable license to access and use the ExitPoint Web Site provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Subscriber Agreement.

By using this Web Site, which is a service from ExitPoint, you are representing to ExitPoint that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing this Web Site). You may not use this ExitPoint Web Site for any unlawful purpose. ExitPoint may change any term in this Subscriber Agreement at any time. The changes will appear in this Subscriber Agreement and your use of the ExitPoint Web Site after any changes have been posted will constitute your agreement to the modified Subscriber Agreement and all of the changes. You may print a copy of this Subscriber Agreement for your reference. You understand and agree that ExitPoint may discontinue or change this ExitPoint Web Site at any time, without notice. You also understand and agree that ExitPoint may discontinue or restrict your use of this ExitPoint Web Site for any reason without notice.

 

COPYRIGHT AND LIMITATIONS ON USE

All content displayed on this ExitPoint Web Site (the "Content"), including, but not limited to, text, graphics, logos, designs, icons, data, data compilations, software, source code and object code, is the property of ExitPoint LLC or its licensors and is protected by United States and international copyright laws and other intellectual property laws. This ExitPoint Web Site and the Content may only be used for your personal and noncommercial use, except as otherwise mutually agreed upon by ExitPoint LLC and you. You agree not to reproduce, retransmit, distribute, disseminate, publish, broadcast or circulate the Content to anyone, including but not limited to others in the your company or organization, for commercial purposes without the express prior written consent of ExitPoint. While you may download or print copies of the Content for off-line viewing or noncommercial use, including distribution, you may not remove any copyright or other legal notices from any materials downloaded or printed from this ExitPoint Web Site.

Brokers, investment advisors, professional money managers or anyone else who is compensated for investment advisory services provided to clients or customers, whether licensed or not (hereinafter "Professional Subscribers"), are encouraged and welcome to subscribe to the ExitPoint Web Site. However, Professional Subscribers agree to identify themselves as such when registering with ExitPoint in exchange for a limited license to utilize this ExitPoint Web Site for their individual commercial purposes. A license granted hereunder to Professional Subscribers does not entitle them to utilize the ExitPoint Web Site for any commercial purpose (including, but not limited to, the sale, sharing, exchange or other dissemination of information derived here from) other than the management of their own clients' investments without the express written permission of ExitPoint LLC. By subscribing, you agree that violation of this condition may result in the cancelation of your subscription and the forfeiture of the unused remainder of that subscription without remedy or refund. The failure by ExitPoint LLC to enforce this requirement upon discovery of a violation does not waive its right to do so at any time thereafter.

TRADEMARKS

ExitPoint, ExitPoint.Com, ExitPoint.Net, ExitPointBlog.com, StrategicSeller.Com, StrategicSeller.Net, DigitalRightsManagement.Com, TrailingProfit.com and TrailingStopLoss.com and the phrase "Just minutes a day to limit your losses and protect your gains" are trademarks of ExitPoint in the United States and other countries. ExitPoint graphics, logos and service names are trademarks of ExitPoint. ExitPoint's trademarks may not be used in connection with any product or service that is not ExitPoint in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ExitPoint.

DISCLAIMER OF WARRANTIES AND LIABILITY

Due to the number of sources from which content in this ExitPoint Web Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and this ExitPoint Web Site.

EXITPOINT AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THIS EXITPOINT WEB SITE, OR ON THE EXITPOINT WEB SITE ITSELF. NEITHER EXITPOINT NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS EXITPOINT WEB SITE AND ANY CONTENT THROUGH THIS EXITPOINT WEB SITE. IN NO EVENT WILL EXITPOINT, 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 THIS EXITPOINT WEB SITE. EXITPOINT 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, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXITPOINT IS NOT A REGISTERED INVESTMENT ADVISOR OR BROKER/DEALER. EXITPOINT IS NOT IN THE BUSINESS OF RENDERING PERSONALIZED INVESTMENT ADVICE. EXITPOINT'S SELL ALERT RECOMMENDATIONS ARE MATHEMATICALLY CALCULATED BASED ON THE USER'S OWN INPUT AND DECISIONS, AND ARE NOT BASED UPON ANY ANALYSIS OR ADVICE BY EXITPOINT REGARDING SPECIFIC SECURITIES. EXITPOINT'S STRATEGY SETTINGS, WHICH ARE UTILIZED BY A PROPRIETARY ALGORITHM OF EXITPOINT LLC, DO NOT TAKE INTO ACCOUNT ALL OF THE UNIQUE CIRCUMSTANCES THAT MAY AFFECT A USER'S FINANCIAL DECISIONS, AND NOTHING CONTAINED HEREIN SHOULD BE CONSIDERED PERSONALIZED INVESTMENT ADVICE THAT IS TAILORED TO THE INDIVIDUAL NEEDS OF USERS. THE RESULTS OBTAINED BY USING THESE FEATURES SHOULD NOT SERVE AS THE SOLE OR PRIMARY BASIS FOR MAKING INVESTMENT DECISIONS. USERS SHOULD CONSULT THEIR FINANCIAL ADVISORS TO DEVELOP A PERSONALIZED PLAN THAT TAKES INTO ACCOUNT THEIR INDIVIDUAL NEEDS AND CIRCUMSTANCES. TRADING STOCKS, MUTUAL FUNDS AND OPTIONS INVOLVES HIGH RISK, INCLUDING POSSIBLE LOSS OF PRINCIPAL AND OTHER LOSSES. NO REPRESENTATION IS BEING MADE THAT EXITPOINT WILL GUARANTEE PROFITS IN SECURITIES TRADING.

EXITPOINT DOES NOT MONITOR USERS' INDIVIDUAL SECURITIES DATA NOR DOES IT MAKE ANY RECOMMENDATIONS OR OFFER ADVICE AS TO THE VALUE OF SECURITIES OR THE ADVISABILITY OF INVESTING IN, PURCHASING, OR SELLING SPECIFIC SECURITIES OR SECURITIES IN GENERAL AS OPPOSED TO ALTERNATIVE INVESTMENTS. FURTHER, EXITPOINT DOES NOT ISSUE OR PROMULGATE ANALYSES OR REPORTS CONCERNING SECURITIES.

LINKS TO THIRD PARTY SITES

This ExitPoint Web Site contains hyperlinks to web sites operated by persons or parties other than ExitPoint. Such hyperlinks are provided for your reference and convenience only. ExitPoint does not guarantee or warrant the accuracy, completeness or timeliness of information provided from third parties to the ExitPoint Web Site. You agree not to hold ExitPoint responsible for the content or operation of such web sites. A hyperlink from this ExitPoint Web Site to another web site does not imply or mean that ExitPoint endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this ExitPoint Web Site.

If you wish to transact business with a third party site accessed through this ExitPoint Web Site, you may be asked by the merchant or operator of the third party site or other person from whom you are transacting business to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold ExitPoint liable for any loss or damage of any sort incurred as a result of any such dealings with any third party site or merchant or operator of the third-party site or other person with whom you are transacting such business. With respect to business transacted with this ExitPoint Web Site, you agree that all information you provide in connection with such transacted business will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each third-party site will contain a description of the site's privacy policy regarding any personal identifying information you may be required to disclose as part of the transacting business with any such site.

FEES AND PAYMENTS; CHANGES IN THE EXITPOINT WEB SITE

In consideration of your use of the ExitPoint Web Site and the license granted in this Subscriber Agreement, you agree to pay ExitPoint any and all amounts owing under the subscription fee schedule for subscriptions set forth on the ExitPoint Web Site via an automatic debit to your credit card pursuant to the information and authorization you provide. You further agree that any sales or use taxes will be payable by you, if applicable. Your use of the ExitPoint Web Site will be subject to any credit limits established by or for your credit card issuer or, where direct billing is applicable, by limits established by ExitPoint.

The subscription fee schedule and plans in effect at the time of executing this Subscriber Agreement are contained on the ExitPoint Web Site. However, the subscription fees reflected in the rate schedule are subject to change upon thirty (30) days notice to you. Notice of pricing changes to subscription fees may be satisfied by the posting of any such changes on the ExitPoint Web Site. Any such amended subscription fee schedule shall be deemed accepted by you if you use the ExitPoint Web Site in any manner after the effective date of such changes. ExitPoint reserves the right to modify these terms and conditions of this Subscriber Agreement and the ExitPoint Web Site. ExitPoint will use reasonable efforts to notify you in advance of, or concurrent with, any such change. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the ExitPoint Web Site. ExitPoint may also add, withdraw or modify databases within the ExitPoint Web Site or services provided through the ExitPoint Web Site at any time in its sole discretion. All notices and statements described above shall be displayed on-line, and such display shall constitute effective notice under this Subscriber Agreement on the day ExitPoint places them on the ExitPoint Web Site.

DELAYS IN SERVICES

Neither ExitPoint nor any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone, cable, satellite or other communication interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. ExitPoint shall have no responsibility to provide you access to the ExitPoint Web Site while interruption of the ExitPoint Web Site due to any such cause shall continue.

MISCELLANEOUS LEGAL TERMS

This Subscriber Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Subscriber Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Subscriber Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, as if the Subscriber Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Pennsylvania.

Last updated August 1, 2011.