www.PremierInvestor.net                                           Terms 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.

 

1. Description of Services
   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.

 

2. Subscribing

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 complete.  www.PremierInvestor.net reserves the right to terminate the subscriber’s subscription or limit access to the services if the information is false or inaccurate.

3. Payment & Renewal

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.

 

4. Selection 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 Password.

 

 

5. Representations and Warranties

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.

6. Terms of Use

 

1. You 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.
2. You 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.
3. You agree that you will only use the access granted under this Agreement for lawful purposes.
4. You 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.
5. All 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 notice.
6. The 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.
7. You 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).
8. The 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. 
   
   
6. Indemnification
   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.
   
   
   
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 TOYOU.
   
   
8. Accessibility

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 or liability.

10. Cancellation

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:

11. Termination

www.PremierInvestor.net 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.

12. Modification and Amendment
    (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 as modified.
    
    
13. 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 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.
    
    
14. Miscellaneous
1. 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.
2. Waiver 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.
3. 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.
4. 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.
   
   

 

 

EXHIBIT A

 

Third Party End-User Agreements.

 

1. Comtex News End-User Agreement.

 

 

            A.  Ownership.  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.

 

 

"Subscriber is contracting for Market Data access with North American Quotations, Inc."

 

"Real-time 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 investment.

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.