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TERM OF USE, CONDITIONS AND DISCLAIMER AGREEMENT BETWEEN MarketInOut.com, Inc. ("MarketInOut") AND THE USER

TERM OF USE

By accessing and using any or all of the products, services, research results, newsletters, charts, internet web sites and web pages, owned and operated by Market In&Out, the User agrees to be bound by these terms of use, conditions and disclaimer ("Terms of Use") and all applicable laws and regulations. If you, the User, do not agree with any part of these Terms of Use, you must immediately discontinue any use of the Website. These Terms of Use may change from time to time without notice and it is the User's responsibility to check for updates. By using this Website you, the User, are agreeing to be bound by the current version of these Terms of Use. The last revision date for these Terms of Use is set forth below.

CONTENT/RESERVED RIGHTS

Market In&Out owns all rights to the intellectual property, underlying processing and analysis technology, and software incorporated and/or presented on any or all of the products, services, internet web sites owned and operated by Market In&Out, including copyrights, and owns or has acquired the necessary permissions from content providers or suppliers, for all of the content, information, software, products and services provided in and on any or all of the products, services, internet web sites owned and operated by Market In&Out, including all text, HTML code, images, graphics, icons, multimedia clips, Java code, and the selection and arrangement of the contents and Information presented on the Website ("System"). In this context, "Information" is defined as and refers to the totality of all charts, quotes, trading indicators, trading signals, market analyses, recommendations, commentaries, tutorials, instructions, and any other data that could be qualified as trading information, presented on any or all of the products, services, internet web sites owned and operated by Market In&Out or distributed to subscribers via email from Market In&Out. The System constitutes a confidential and valuable asset of Market In&Out and is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The User may not use, transfer, reproduce, publish, disclose or sell the System or any of its components or content, except as provided for in this Agreement.

NO FINANCIAL ADVICE

The Information, Forms and other resources available on this Website and received from this Website such as e-mails or newsletters are provided for education and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. The Information contained in or provided from this Website is not intended to be and does not constitute financial advice, investment advice, trading advice or any other advice. The Information on this Website and provided from this Website in the form of e-mails or newsletters is general in nature and is not specific to you the User or anyone else. YOU SHOULD NOT MAKE ANY DECISION, FINANCIAL, INVESTMENTS, TRADING OR OTHERWISE, BASED ON ANY OF THE INFORMATION PRESENTED ON OR DELIVERED BY ANY OF THE PRODUCTS, SERVICES, INTERNET WEB SITES WITHOUT UNDERTAKING INDEPENDENT DUE DILIGENCE AND CONSULTATION WITH A PROFESSIONAL BROKER OR COMPETENT FINANCIAL ADVISOR. You agree that any and all use of the Information and Website which you make, is solely at your own risk and without any recourse whatsoever to Market In&Out, its associates, subsidiaries, partners or content Providers. You understand that you are using any and all Information, Forms and other resources available on or through this Website and received from or through this Website such as e-mails and/or newsletters AT YOUR OWN RISK. Market In&Out makes no representations or warrantees, expressed or implied, as to the accuracy, completeness, or fitness for any purpose or use of the Information presented on the Website or made available from any or all of the products, services, internet web sites owned and operated by Market In&Out The Information may not in all cases be current and it is subject to continuous change. Accordingly, you should not rely on any of the Information as authoritative or substitute for the exercise of your own skill and judgment in making any investment or other decision. Market In&Out does not warrant that the supply of Information will be uninterrupted, error free or not terminated altogether, and will not be liable for any direct, indirect, or consequential loss arising from any use of or reliance on the Information and its availability. The Information does not constitute or form part of an offer, subscription, recommendation or solicitation to buy or sell any securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all or to take up any services, nor should it be relied on in connection with any contract or commitment whatsoever. YOU ABSOLUTELY MUST MAKE YOUR OWN DECISION BEFORE ACTING ON ANY INFORMATION OBTAINED FROM THIS WEBSITE. PAST PERFORMANCE IS NOT NECESSARY AN INDICATION OF FUTURE PERFORMANCE. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Further, since the trades have not actually been executed, the results may have under-compensated or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. Market In&Out does not warrant that trading methods or systems presented in its services or the Information available on or from its Website and received from or through this Website such as e-mails and/or newsletters will result in either profits or losses. Analyst research available through this Website does not constitute a recommendation or a solicitation by Market In&Out nor is it a recommendation or solicitation that any particular investor should purchase or sell any particular securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all. Market In&Out and its employees and/or representatives are not and do not represent themselves as being investment advisors or investment managers, and do not make representations relating to the use of the Information on this Website. Market In&Out does not warrant or make any representations regarding the use or the results of the use of the Information and materials on this Website in terms of their correctness, accuracy, reliability, profitability, or otherwise. The information and commentaries are not meant to be endorsements or offerings of any securities, commodities, financial objects, futures, options, stocks or other investment vehicles. As well, they are not meant to be guides to investment. Market In&Out, its employees and representatives are in no way liable for the use of the Information by others in investing or trading in investment vehicles. RISK STATEMENT: The trading of stocks, futures, commodities, index futures or any other securities has potential rewards, and it also has potential risks involved. Trading may not be suitable for all users of this Website. Anyone wishing to invest should seek his or her own independent financial or professional advice.

NO WARRANTIES

Market In&Out does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information on the Website or of any product or services referenced on the Website. Market In&Out assumes no obligation to update the Information or advice regarding further developments concerning topics mentioned. The Website and the Information may be changed from time to time without notice. The Website may be unavailable from time to time or permanently for any reason whatsoever including but not limited to any maintenance interruption, telecommunications interruption or failure, hardware interruption or failure, software interruption or failure, business interruption or discontinuance, or any other interruptions, discontinuances or failures whatsoever. Market In&Out is providing this Website and the Information on an "as is" basis and makes no representations or warranties of any kind whatsoever with respect to the System, the Website or the Information or with respect to the use or suitability of the System, the Website or the Information for any purpose. The Information may contain inaccuracies, typographical errors or other errors. Market In&Out disclaims all warranties, representations and conditions regarding the System, the Website and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses, and availability, whether expressed or implied, or arising from a course of dealing, usage, or trade practice. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS WEBSITE OR RECEIVED FROM THIS WEBSITE.

PRICING

Market In&Out reserves the right to change prices of it's products and services without notice. From time to time Market In&Out will also hold promotions that may include price reductions on membership fees. Such price reductions will only be applicable to Users who sign up for membership during the time that such promotions are made available. Users who sign up before or after such promotions are not and will not be entitled to such promotional pricing.

SUBSCRIPTION BASED CONTENT

Some contents and/or services on this Website or any of the products, services, internet web sites owned and operated by Market In&Out may be offered to you, the User, conditioned on your payment of subscription fees. If you elect to purchase subscription-based content/services and transmit to Market In&Out a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. You agree that these Terms of Use will apply to your subscription. You also agree to be bound by any additional terms of use, conditions and disclaimers that may be required by Market In&Out or any content Providers from time to time. This Website or any or all of the products, services, internet web sites owned and operated by Market In&Out may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Market In&Out makes every reasonable effort to minimize such downtime, Market In&Out does not guarantee 100 percent availability of the Website.




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