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TenBestStocks.com, Inc,'s Terms & Conditions: This web site is owned and operated by TenBestStocks.com, Inc. (ÒWeb Site Owner''). As a user of this web site and service you agree to be bound by these Terms & Conditions. 1. Information provided to subscribers of this web site (the "Weekly Web Update") is for personal use only. The Weekly Web Update may be used solely in connection with an individualÕs personal use, and may not be redelivered. If you are conducting a search for your own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you, with the exception of Paragraph 3 (which applies to personal advisors). If you are a personal advisor conducting a search on behalf of another person for that person's own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you, with the exception of Paragraph 2. 2. You may share The Weekly Web Update with your own personal advisors. However, neither you nor your personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way The Weekly Web Update, in whole or in part, unless required by law. (You will be responsible for a breach by any of your personal advisors of this obligation.) You acknowledge that The Weekly Web Update is subject to the copyright and other proprietary rights of Web Site Owner and you will not commit or permit any act or omission that would impair such rights. 3. If you are a personal advisor conducting a search on behalf of an individual or group of individuals acting together (such as a husband and wife) (referred to herein as the ÒClient'') in order to assist the Client in connection with their individual portfolio, you may share The Weekly Web Update with your Client, and you may permit your Client to share The Weekly Web Update with your Client's other personal advisors. However, neither you, your Client, nor your Client's other personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way The Weekly Web Update, in whole or in part, unless required by law. (You will be responsible for a breach by your Client or your Client's personal advisors of this obligation.) You acknowledge that The Weekly Web Update is subject to the copyright and other proprietary rights of Web Site Owner and you will not commit or permit any act or omission that would impair such rights. 4. OWNER DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT. ALL SUCH WEEKLY WEB UPDATES ARE PROVIDED "AS IS'' WITHOUT WARRANTY OF ANY KIND. 5. THE PRICES CHARGED BY OWNER ARE BASED UPON OWNER'S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE WEEKLY WEB UPDATE WILL BE BORNE SOLELY BY THE USER, AND NOT OWNER. OWNER SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY OWNER'S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF SUCH POSSIBILITY OF DAMAGES. IF, NOTWITHSTANDING THE PRECEDING SENTENCE, LIABILITY IS IMPOSED ON OWNER, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SUCH INFORMATION. 6. The information provided by Web Site Owner will continue to be the exclusive property of Web Site Owner. Except as expressly provided in paragraph 1 or 2 above (whichever is applicable), this transaction shall not be deemed to convey any right, title or interest, including patent, copyright or other proprietary right, in or to such information. The programs, which operate this web site, are confidential trade secrets of Web Site Owner and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble or reverse engineer the programs or any embodiment thereof. 7. You will indemnify, defend and hold Web Site Owner and its subsidiaries and affiliates (collectively, the ÒIndemnitees'') harmless from and against any and all claims and expenses, including reasonable attorney's fees, which may be asserted against or incurred by the Indemnitees based upon your use of this web site or The Weekly Web Update. 8. These Terms & Conditions constitute the entire agreement between the parties and supersedes any other communications with respect to the subject matter of these Terms & Conditions. These Terms & Conditions may not be amended, modified or waived orally, but only if done so in writing. Any changes to these Terms & Conditions will be effective from and after the date that the same are delivered to you by e‑mail or regular mail. If any of these Terms & Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms & Conditions shall remain in full force and effect. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision. 9. These Terms & Conditions will be governed by and interpreted under the laws of the Commonwealth of Pennsylvania applicable to contracts made and to be performed therein. Any dispute arising out of or relating to these Terms & Conditions shall be resolved in a binding arbitration conducted under the auspices of the American Arbitration Association in Allegheny County, Pennsylvania. |