SUBSCRIBER AGREEMENT FOR THE SHORTEX MARKET LETTER
PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT BELOW. This Subscriber Agreement governs your use of Shortex (“shortex.com”), which is an electronic stock information service from Technomart R.G.A Inc. If you agree to be bound by the terms of this Agreement, you should click on the “I AGREE” button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click “I DISAGREE.” If you click “I DISAGREE,” you will not be able to proceed with the shortex.com registration process and become a subscriber to shortex.com.
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change either electronically or in writing. The changes also will appear in this document. Your use of Shortex.com after changes are made to this Agreement means that you agree to be bound by such changes.
3. You agree to pay the Subscription Fees and any other charges incurred in connection with your user name and password for shortex.com (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges to your credit card. Subscription Fees will be billed at the beginning of your subscription or any renewal. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed shortex.com using your user name and password without your authorization, you must call Technomart Investment Advisors at 410.828.6555. You are responsible for any fees or charges incurred to access Shortex.com through an Internet access provider or other third party service.
If you are authorized to access Shortex.com through arrangements between your employer and us, some or all of these “Fees and Payments” terms may not apply to you. Please contact your employer for details.
4. Renewal. Your subscription will renew automatically if you have signed up for a monthly subscription, unless we terminate it or you notify us by telephone or mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of Subscription Fees for the renewal term to your credit card. For six month, one year, or two year subscriptions you will be notified of your subscription expiration in advance and will be required to submit your payment information in order to renew.
5. Limitations on Use.
a. Only one individual may access Shortex.com at the same time using the same user name or password, unless we agree otherwise.
b.The content available through Shortex.com is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through shortex.com for your personal, non-commercial use only.
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through shortex.com to anyone, including your fellow employees, with the following two exceptions:
(i) You may occasionally distribute a copy of an article or a portion of an article from Shortex.com in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in Shortex.com, original source attribution, and the phrase “Used with permission from “The Shortex Market Letter”. Please contact Technomart Investment Advisors for any Reprints from the web site or if you need to distribute an article from shortex.com to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
c. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from Shortex.com to newsgroups, mail lists or electronic bulletin boards, without our written consent.
To request consent for this and other matters, please contact Technomart Investment Advisors.
d. You agree not to use Shortex.com for any unlawful purpose. We reserve the right to terminate or restrict your access to shortex.com if, in our opinion, your use of shortex.com may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. We may link to, or promote, web sites or services from other companies on shortex.com or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF SHORTEX.COM AND THE CONTENT AVAILABLE THROUGH SHORTEX.COM IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not advocate the purchase or sale of any security or investment. No claim is made that future recommentations will be as profitable as past performance or that they will not result in losses. You should always seek the assistance of a professional for tax and investment advice.
TECHNOMART R.G.A INC. AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF SHORTEX.COM FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF TECHNOMART R.G.A INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN TECHNOMART R.G.A INC. WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.