In consideration of Ipiya, Inc. ("Ipiya") permitting the user ("User") of this
FinanceVisor.com Web Site (the "Web Site") to access and use the Web Site, User
agrees with Ipiya and acknowledges as follows:
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LICENSE. Ipiya hereby grants to User a limited, non-exclusive, non-transferable
license to use the Web Site for User's personal use only. The Web Site shall be
used by User only in accordance with the terms of this Agreement.
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PAYMENT. User will prepay Ipiya its published charges for the license granted
in paragraph 1. No payment is required for free member. The term of the license
shall be the period of time for which User has prepaid the license fee charged
by Ipiya. Any amount paid for a license is non-refundable except as provided in
this Agreement. The license shall immediately terminate, and User will be
denied access to the Web Site, if a required payment is not paid when due.
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USER INFORMATION. User shall provide Ipiya with accurate, complete, and updated
information as to his or her real name and valid street and email addresses
provided by User at registration. In each case, failure to do so shall
constitute a breach of this agreement. User certifies that he or she is over
the age of 18 and has the legal right to enter into binding contractual
arrangements.
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PASSWORD DISCLOSURE. User shall take any and all actions necessary to maintain
the privacy of his or her passwords. In the event User has reason to believe
that a third party has access to User's account, User shall promptly change his
or her account passwords and, if any such problem persists, notify Ipiya (by
notice given to support@ipiya.com). (If
you would like someone from the Ipiya Customer Service Team to call you back,
please include you name and phone number in your email.) User agrees that Ipiya
shall not be liable to User or any other person or entity for any unauthorized
use of or access to User's account by any third party.
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NATURE OF INFORMATION AND SERVICE. Ipiya has made reasonable efforts to ensure
that all information provided on the Web Site is accurate at the time of
inclusion; however, Ipiya makes no guarantee of accuracy or completeness. All
information and opinion expressed herein is subject to change without notice.
There is no assurance that following any recommendations, insights, charts,
theories, or philosophies set forth or embodied in the Web Site will ensure
profitable investment. Neither Ipiya nor anyone affiliated with Ipiya is
responsible for any investment decision of any kind that is made by the User.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Ipiya shall not be liable
for, and User agrees not to hold or seek to hold Ipiya liable for, any
technical problems, system failures and malfunctions, communication line
failures, equipment or software failures and malfunctions, and other similar
computer problems or defects. THE WEB SITE AND INFORMATION ARE PROVIDED "AS
IS." ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEB SITE
AND INFORMATION ARE HEREBY DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AS TO ANY
RESULTS TO BE OBTAINED FROM THE USE OF THE WEB SITE OR INFORMATION. Ipiya and
its information suppliers do not guarantee the sequence, timeliness, accuracy
or completeness of the information, and may discontinue generating the
information without prior notice. Ipiya shall not be liable to User for any
loss, cost, damage or other injury, whether in contract or tort arising out of
or caused in whole or in part by User's use of or reliance on the Web Site or
its content. In no event will Ipiya be liable to User for any punitive,
consequential, special or similar damages even if advised of the possibility of
such damage. If some jurisdictions do not allow the exclusion or limitation of
liability for certain damages, in such jurisdictions, the liability of Ipiya
shall be limited in accordance with this Agreement to the extent permitted by
law.
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HYPOTHETICAL PERFORMACE DISCLOSURE. Ipiya shall not be liable
for, and User agrees not to hold or seek to hold Ipiya liable for, any loses in
your trading account from using any information on Web Site. All performance
figures and illustrations on Web Site were obtained using historical
back-testing on a computer and are not the results of an actual account.
Hypothetical or simulated performance results have certain
inherent limitations. Unlike an actual performance record, simulated results do
not represent actual trading. Also, since the trades have not been executed,
the results may have either under or over compensated for the impact, if any,
of certain market factors, such as lack of liquidity. Simulated trading
programs in general are also subject to the fact that they are designed with
the benefit of hindsight. No representation is being made that any account
will, or is likely to, achieve profits or losses similar to those shown. Past
performance is not indicative of future results. There is a risk of loss in
stock, futures, or mutual fund trading.
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INDEMNIFICATION. User agrees to defend and indemnify Ipiya, its members, its
employees, its officers, and its agents, and hold them harmless from and
against any and all claims, damages, obligations, losses, liabilities, costs,
debts and expenses (including but not limited to attorney's fees) arising from
User's use of this Web Site, or User's breach of this Agreement. This defense
and indemnification obligation will survive termination of this Agreement and
User's use of this Web Site.
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COPYRIGHT AND LIMITATIONS ON USE. The information available through this Web
Site is the property of Ipiya or its licensors and is protected by copyright
and other applicable laws, treaties, and conventions. Ipiya reserves all rights
in and to the Web Site and any materials associated with the Web Site, unless
specifically granted herein. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING,
UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE
MATERIAL IS PROHIBITED. Nothing on this Web Site shall be construed as
conferring any license under any of Ipiya's or any third party's intellectual
property rights, whether by estoppel, implication, or otherwise.
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TRADEMARKS. Certain names, logos, and/or slogans on these pages may constitute
trademarks, service marks, trade names and/or copyrights of Ipiya, and may not
be used without the express prior written permission of Ipiya.
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MODIFICATION OF THESE TERMS AND CONDITIONS. Ipiya shall have the right at any
time to impose, change, or modify the terms and conditions applicable to User's
use of this Web Site, or any part thereof, including, but not limited to,
content, hours of availability, equipment needed to access or use, and new
terms and conditions. Such changes, modifications, additions, or deletions
shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on the Web Site a revised version of
this Agreement, and notification by electronic or conventional mail. If any
such change is unacceptable to User, User may terminate his or her User account
as provided below. Any use of this Web Site by User after such notice (other
than to terminate User's subscription pursuant to the section below) shall
conclusively be deemed to constitute acceptance by User of such changes,
modifications, additions, or deletions. User agrees to review the terms and
conditions posted on this Web Site periodically to be aware of such revisions.
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TERMINATION. Either Ipiya or User may terminate this Agreement at any time by
giving written notice to the other. User may terminate by sending a written
notice to Ipiya at 2620 Concord Avenue #118, Alhambra, CA 91803, or by sending
an email to support@ipiya.com. (If you
would like someone from the Ipiya Customer Service Team to call you back,
please include you name and phone number in your email.) User's notice of
termination will be effective upon receipt by Ipiya. Fees paid for any
subscription term are paid in advance and are not refundable in whole or in
part, provided, however, that in the event of termination by Ipiya for any
reason other than breach of this Agreement by User or in the event of
termination by User in which User identifies the termination as resulting from
changed terms, Ipiya shall make a pro rata refund to User. The terms of the
sections of this Agreement entitled Copyright and Limitations on Use,
Disclaimer of Warranties and Limitation of Liability, Indemnification and
Arbitration shall remain in effect after this Agreement has been terminated by
Ipiya or by User.
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EQUIPMENT. Each User shall be responsible for obtaining and maintaining all
telephone, computer hardware, telecommunications connections, internet service
connections and other equipment needed for access to and use of this Web Site,
and User shall be responsible for all charges related thereto.
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MISCELLANEOUS. This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to such subject matter.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Massachusetts, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
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ARBITRATION. User and Ipiya agree that any dispute arising out of or relating
to this Agreement, to the Web Site, or to the breach of this Agreement shall be
settled by arbitration in Los Angeles, California administered by the American
Arbitration Association under its Commercial Arbitration Rules, and judgment on
the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof.
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