of Service Agreement
Web Site Subscriber Agreement and Terms of Service Between
Subscriber and Premier Investor Network, doing business as www.PremierInvestor.net (“Agreement”)
PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY (WWW.PremierInvestor.net).
All references to (www.PremierInvestor.net)
shall include the owner of (www.PremierInvestor.net),
and any affiliates, subsidiaries, officers and employees of (www.PremierInvestor.net), or its owner. All references to “you” and “your” shall
mean the subscriber.
ACCEPTANCE BY (WWW.PremierInvestor.net) AND ACCESS TO (WWW.PremierInvestor.net)
IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE
TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY (WWW.PremierInvestor.net),
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
www.PremierInvestor.netpublishes a regularly scheduled newsletter which is
delivered by either email or posting on areas of the World Wide Web which
can be password protected areas.
The newsletter provides commentary and information on stocks,
bonds, other securities, options and the financial markets in general.
By subscribing to www.PremierInvestor.net,
you agree to provide complete and accurate registration information, including,
without limitation, your legal name, address, email address and telephone
number. You agree to maintain and
update this information as necessary to keep it true, accurate and
reserves the right to terminate the subscriber’s subscription or limit access
to the services if the information is false or inaccurate.
To view the current rate list, click here.
All subscription fees will be
charged to the credit card provided by the subscriber. The charges will appear
on the credit card statement under the name
Premier Investor Network, which is subject to change at anytime. Payment for a subscription is due in advance
and will be charged to the subscriber’s credit card prior to the period
selected. Renewal of your subscription
is automatic. The renewal of your subscription will continue and your credit
card charged until you cancel your subscription prior to the beginning of the
automatically renewed subscription period as provided below. www.PremierInvestor.net
reserves the right to change the rates for the subscription at any time
following 30 days notice by email to the subscriber. The subscription rate change shall apply to all subsequent
billings following the 30-day notice period. If the company issuing the credit
card rejects the charge for any reason, www.PremierInvestor.net
reserves the right to terminate your subscription and your access to www.PremierInvestor.net.
of username & password
To access www.PremierInvestor.net
you must select a User Name and Password.
Sunset reserves the right to reject any User Name or Password if www.PremierInvestor.net believes, in its sole
discretion, that the User Name or Password is vulgar, offensive, illegal, a
trademark infringement, an attempt to impersonate someone else, or intended to
cause confusion. You agree that you have
no right to transfer or assign the User Name or Password, and that you are
solely responsible for maintaining confidentiality of the User Name and
Password. If you believe that your User
Name or Password is no longer secure, you agree to promptly notify www.PremierInvestor.net and change your User Name and
You represent and warrant to www.PremierInvestor.net that (a) you are over the age
of eighteen (18) and have the power and authority to enter into and perform
your obligations under this Agreement; (b) you shall comply with all the terms
and conditions of this Agreement, including, without limitation, the Terms of
Use set forth below; and (c) you have provided accurate and complete
registration and subscription information, including, without limitation, your
legal name, address and telephone number.
agree that you shall use the access granted to www.PremierInvestor.net
and any emails received from www.PremierInvestor.net,
its agents or assigns, for your personal and non-commercial use
only. You may not modify, copy,
distribute, transmit, display, reproduce, publish, license, create
derivative works from, transfer, or sell any information, material or
services obtained from the www.PremierInvestor.net
or the emails sent by www.PremierInvestor.net.
acknowledge that you have read, understand and agree to the terms of the Disclaimer
and the Privacy
Statement posted on www.PremierInvestor.net,
which are incorporated herein by reference, as if set forth and restated
in their entirety.
agree that you will only use the access granted under this Agreement for
agree not to permit anyone whose subscription was terminated to access
the site with your User Name and Password, or to provide your User Name
and Password for the purpose of accessing www.PremierInvestor.net.
materials displayed or performed on the www.PremierInvestor.net,
or in emails sent by www.PremierInvestor.net,
(including, but not limited to text, graphics, news articles,
photographs, images, illustrations, audio clips and video clips, also
known as the "Content") are protected by copyright, and owned
or controlled by WWW.PremierInvestor.net
or its third party content providers. You agree to abide by all copyright
notices, information, and restrictions contained in any Content accessed
through the Services. www.PremierInvestor.net is protected by
copyright as a collective work and/or compilation, pursuant to U.S.
copyright laws, international conventions, and other copyright laws. You
may not modify, publish, transmit, participate in the transfer or sale
of, reproduce (except as permitted in this Agreement for the use of
Services), create derivative works based on, distribute, perform,
display, or in any way exploit, any of the Content, software, materials,
or Services in whole or in part.
You may download or copy the Content, and other items displayed
on, or distributed by www.PremierInvestor.net,
for download, for personal use only, provided that you maintain all
copyright and other notices contained in such Content. You will not store
any significant portion of any Content in any form. Copying or storing of
any Content for other than personal, noncommercial use is expressly
prohibited without prior written permission from WWW.PremierInvestor.net,
or from the copyright holder identified in such Content's copyright
site and emails maintained and distributed by www.PremierInvestor.net
may contain links to the sites of third parties. The linked sites are not under the
control of www.PremierInvestor.net and www.PremierInvestor.net is not responsible for
the content of those sites. These
links are provided only as a matter of convenience and inclusion of a
link by www.PremierInvestor.net does not
imply an endorsement of, or an association with, any third party’s linked
site, products or services, unless expressly stated. www.PremierInvestor.net
is not a party to any agreement or transaction which you enter into with
a third party accessed through a link.
You are responsible for reading and complying with the terms of
use, privacy statement and disclaimer for any linked site. The online trading services that you
may access through links on www.PremierInvestor.net
are services offered by listed independent brokerage firms and require
that you open and maintain a brokerage account with them. www.PremierInvestor.net
does not endorse or recommend the services of any brokerage firm and you
agree that www.PremierInvestor.net shall
not be liable for any damages or costs arising out of your relationship
with any brokerage firm.
understand that parts of the Content, as well as software tools and
portions of the Services available on the Site may be provided by third
party content providers and suppliers. You acknowledge that neither (WWW.PremierInvestor.net) nor such third party
providers and suppliers guarantee the accuracy, completeness or
timeliness of such information and you therefore agree that (WWW.PremierInvestor.net) and its third party
providers and suppliers shall have no liability for any loss you may suffer
through your use of such materials or resulting from any errors,
omissions or delays related thereto.
By accepting this agreement, you expressly accept the terms of the
user agreement for the third party providers, as set forth in Exhibit A. See individual third party agreements
for specific guidelines on third party content (see Exhibit A).
subscription to www.PremierInvestor.net
is only intended for citizens and residents of the United States of
America, currently residing there. www.PremierInvestor.net makes no
representation that the Services provided are appropriate for other
geographical locations or jurisdictions. www.PremierInvestor.net reserves
the right to limit availability of the site and services to any person,
geographic area or jurisdiction.
This Agreement is void where prohibited by law, and the right to
access www.PremierInvestor.net is revoked
in such jurisdictions. You also agree that you will comply with any local
laws or regulations that may apply to your use of www.PremierInvestor.net, or any emails sent by www.PremierInvestor.net, including, without
limitation, any laws requiring registration or filings with local
authorities, and the payment of any taxes.
You will indemnify and hold WWW.PremierInvestor.net,
its parents, subsidiaries, affiliates, officers and employees, harmless,
including costs and attorneys' fees, from (i) any claims of liability or
responsibility for any use or misuse 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.PremierInvestor.net) User ID and password, of any intellectual
property or other right of any person or entity.
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 TOYOU.
You agree that from time to time www.PremierInvestor.net may be inaccessible or
inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs which www.PremierInvestor.net may undertake from time
to time; or (iii) causes beyond the control of www.PremierInvestor.net
or which are not reasonably foreseeable by www.PremierInvestor.net. WWW.PremierInvestor.net
may change, suspend or discontinue the Services at any time, including the
availability of any feature, database, or content.
WWW.PremierInvestor.net may also impose limits on certain features and
services or restrict your access to parts or all of the Services without notice
If you wish to cancel your subscription to
www.PremierInvestor.net you must notify the customer service department
of www.PremierInvestor.net by phone at (303) 797-0200,
Monday through Friday, 9:00 a.m. - 6:00p.m., Mountain Time, or by email at
(subs@PremierInvestor.net). Cancellation of your subscription will take effect
no later than 10 days after notification. No refunds are available for monthly
subscriptions. If you are canceling other than a monthly subscription you will
receive a refund for only the whole months remaining on your subscription after
the effective date of your cancellation. Click here for a refund schedule:
reserves the right to terminate your subscription or limit your access to www.PremierInvestor.net 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.PremierInvestor.net
reserves the right to immediately terminate your access without a refund.
(WWW.PremierInvestor.net) 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
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 and County of Denver, Colorado.
This Agreement shall be governed by the laws of the state of
Colorado. 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.
- Law. This Agreement shall be governed by
the laws of the state of Colorado and the United States of America
without reference to conflicts of laws.
and Severability. No failure or
delay in exercising or enforcing any right or remedy hereunder by www.PremierInvestor.net 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.
- 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.
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.
Third Party End-User Agreements.
1. Comtex News End-User Agreement.
End-User agrees that Comtex News Network ("Comtex") and its
information providers retain all proprietary right, title or interest,
including copyright, in the stories, articles or other material, including but
not limited to text, images, and other multimedia data, that Comtex provides as
part of Distributor's Services (the "Content").
B. Restrictions on Use. End-User agrees that it will not copy nor
license, sell, transfer, make available or otherwise distribute the Content to
any entity or person. End-User shall
use its best efforts to stop any such copying or distribution immediately after
such use becomes known.
C. No Warranty. The Content is provided "AS
IS." Comtex AND ITS INFORMATION
PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, THE CONTENT AND ALL PERFORMANCE
HEREUNDER. Comtex and its information
providers make no warranties regarding the completeness, accuracy or
availability of the Content.
D. Limitation of Liability. In no event shall Comtex or its information
providers be liable to End-User or any other person or entity for any direct,
indirect, special, exemplary or consequential damages, including lost profits,
arising under this Agreement or from performance thereunder based in contract,
negligence, strict liability or otherwise, whether or not they or it had any
knowledge, actual or constructive, that such damages might be incurred.
E. Indemnification. End-User shall indemnify and hold harmless
Comtex and its information providers against any claim, damages, loss,
liability or expense, including attorneys fees, arising out of End-User's use
of the Content in any way contrary to this Agreement.
F. Beneficiaries of this Agreement. The rights and limitations in this Comtex
End-User Agreement are for the benefit of Comtex and its information providers,
each of which shall have the right to enforce its rights hereunder directly and
on its own behalf.
2. NAQ Quote End-User Agreement.
is contracting for Market Data access with North American Quotations,
and Delayed Market Data is delivered to (WWW.PremierInvestor.net),
Inc, by North American Quotations, Inc."
3. Market Guide End-User Agreement.
Market Guide Investor (the Service) is a financial
information, news, and software service provided by Market Guide Inc (MGI). As
a condition of your use of the Service we require you to expressly be aware
that our Database and Software were compiled, prepared, revised, selected and
arranged by Market Guide Inc. and/or its third-party suppliers through the
application of methods and standards of judgment developed and applied through
the expenditure of substantial time, effort and money. The Database and
Software constitute valuable intellectual property and contain trade secrets of
MGI and/or its third-party suppliers. The information received through the
Service is for your personal use only. You specifically agree as a
pre-condition to accessing and using the Service to protect the copyrights and
all other proprietary rights of MGI and its suppliers in the Database and
Software. You further agree not to alter the presentation, reproduce,
retransmit, disseminate, sell, distribute, publish, broadcast, circulate or
commercially exploit the information in any manner without the express written
consent of MGI. You also agree to not use the Information for any unlawful
purpose. The Service includes facts, views, opinions and recommendations of
individuals and organizations deemed of interest to our users. MGI does not
guarantee the accuracy, completeness or timeliness of, or otherwise endorse
these facts, views, opinions or recommendations. MGI does not provide
investment advice, or advocate the purchase or sale of any security or
DISCLAIMER OF WARRANTIES AND LIABILITY
NEITHER MGI NOR ANY THIRD-PARTY SUPPLIERS OF DATA, SOFTWARE
OR EQUIPMENT TO MGI MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS TO
BE OBTAINED BY ANY USER OR OTHERS FROM THE USE OF THE SERVICE PROVIDED
HEREUNDER. MGI MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE OR USE. The information
contained in the Database has been obtained from sources considered by MGI to
be reliable. However, the accuracy and completeness thereof are not guaranteed
and MGI and its third-party suppliers shall have no liability for errors or
omissions with respect to the service or its delivery, regardless of the cause
or source of such error or omission.
NEITHER MARKET GUIDE INC. OR ANY OF ITS THIRD-PARTY
SUPPLIERS SHALL HAVE ANY LIABILITY TO A USER OR TO OTHERS FOR ANY LOST PROFITS
OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF
ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Market Guide Inc. and its third party suppliers shall not be
liable to the User for any delay or default in providing the Service resulting
from any circumstances beyond its reasonable control.
MGI may change or discontinue the Service, or its
availability to you, at any time without notice. If any provision of this
Agreement is invalid or unenforceable under applicable law, the remaining
provisions will continue in full force and effect.