Terms of Use
(Last revised: September 3, 2004.)
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU BECOME A SUBSCRIBER TO
INVESTED CENTRAL'S DAILY MARKET REPORT (including Breakout, Breakdown, Pullback,
Intra Day, and other Alerts.) John S. Hopkins, Inc. (D/B/A Invested Central
("Invested", "JSH","Invested Seminars", "we", or "us") provides its subscribers
with access to DAILY MARKET REPORT (the "Service"), for their individual usage,
subject to compliance with the terms and conditions set forth herein.
1. Agreement In consideration of Invested providing you with the Service,
you agree to pay the applicable subscription fee and to comply with these Terms
of Use (the "TOU"). If you do not agree to the terms and conditions contained in
the TOU, you may not become a subscriber to the Service, and we do not consent
to provide you with access to the Service.
2. Changes to the TOU We reserve the right at any time to:
- Change the terms and conditions of the TOU; - Change the
Service, including eliminating or discontinuing any content or feature of the
Service; or - Change the fees, charges or other conditions for use of
the Service (with reasonable notice). Any changes we make to the TOU will be
effective seven (7) days after notice of any change is provided to you, which
may be done by means including, without limitation, posting on our web sites or
via email. Your use of the Service after such notice will be deemed acceptance
of such changes. Our business changes constantly. The TOU, as well as our
Privacy Policy and Conflicts Policy may change also. You should check our web
sites frequently to see recent changes.
3. Important Securities Disclaimer John S. Hopkins, Jr. and Thomas J.
Bowley both contribute to the Daily Market Report, and may be employees,
officers, or Directors of Invested. Invested, is a publisher and has NOT
registered as an investment adviser with the U.S. Securities and Exchange
Commission, or with any state securities agency.
Invested's DAILY MARKET REPORT ("Alerts") contains our staff's own opinions,
and none of the information contained therein constitutes a recommendation by
Invested or any member of our staff that any particular security, portfolio of
securities, transaction, or investment strategy is suitable for any specific
person.
Invested's staff, may take long, or short positions in stocks, bonds, and
other financial contracts on which they comment.
You further understand that Invested will not advise you personally
concerning the nature, potential, value or suitability of any particular
security, portfolio of securities, transaction, investment strategy or other
matter. To the extent any of the information contained in DAILY MARKET REPORT
may be deemed to be investment advice, such information is impersonal and not
tailored to the investment needs of any specific person. Invested's past results
are not necessarily indicative of future performance. DO NOT EMAIL US SEEKING
PERSONALIZED INVESTMENT ADVICE, WHICH WE CANNOT PROVIDE.
4. Registration and Privacy In order to gain access to the Service, you
must become a member of Invested by choosing a unique (and inoffensive) User
Name and password, and supply us with true, accurate, current and complete
information about you, as required on the registration page. If you are already
a paid member of Invested, you may use the User Name and password you chose when
you registered for membership. If the information you provide is untrue,
inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it
is, we have the right to suspend or terminate your membership, and to prohibit
your current or future use of the Service. Our policy with respect to the
collection and use of your personal information is set forth in our Privacy
Policy.
As a member, you also have certain other obligations relating to your
account: - You may not transfer or resell your use of or access to the
Service to any third party; - You are responsible for all activities
that occur under your account; - You are responsible for maintaining
the confidentiality of your User Name and password; and - You agree to
notify us at johnshopkinsjr@aol.com
if you become aware of any possible unauthorized use(s) of your account or any
possible breach of security, including loss, theft, or unauthorized disclosure
of your User Name or password.
5. Subscription Cancellation During the free-trial portion of your
subscription, if any, you may cancel your subscription to the Service at any
time and not be billed by notifying our Customer Service Department by telephone
at 1-301-941-1995 Monday through Friday between the hours of 8:00 a.m. and 6:00
p.m. If you wish to cancel your subscription outside regular business hours,
please leave a message including your name, User Name, the email address
associated with your account, and a telephone number where we can reach you to
confirm. Please allow at least five business days for such cancellation to
become effective.
PLEASE NOTE THAT UPON THE EXPIRATION OF YOUR FREE TRIAL, YOUR CREDIT CARD
WILL BE BILLED THE APPLICABLE SUBSCRIPTION FEE AND YOUR PAID SUBSCRIPTION WILL
COMMENCE. IF YOU ARE A QUARTERLY OR MONTHLY SUBSCRIBER, YOU WILL NOT RECEIVE A
REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR FREE TRIAL PERIOD
HAS ENDED.
IF YOU ARE AN ANNUAL SUBSCRIBER, ALTHOUGH YOUR SUBSCRIPTION MAY BE
TERMINATED, IT CANNOT BE CANCELLED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND,
REIMBURSEMENT, OR OTHER CREDIT.
6. Subscription Renewal Your subscription will continue for the monthly or
annual period you select during registration (the "Term"), and renew
automatically at the end of the Term, unless you notify us of your decision not
to renew your subscription by calling our Customer Service Department
(1-301-941-1995) prior to the expiration of the Term. If you do not notify us,
the then-applicable monthly or annual fee for your subscription will be billed
automatically to the credit card you designated during the registration process
(or subsequently changed).
PLEASE NOTE THAT IF YOU ARE A QUARTERLY OR MONTHLY SUBSCRIBER, YOU WILL NOT
RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR
SUBSCRIPTION HAS RENEWED.
IF YOU ARE AN ANNUAL SUBSCRIBER, ALTHOUGH YOUR SUBSCRIPTION MAY BE
TERMINATED, IT CANNOT BE CANCELLED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND,
REIMBURSEMENT, OR OTHER CREDIT.
In connection with recurring billing for subscription renewals, we may
receive updated information about your account from the financial institution
issuing your credit or charge card. You agree to pay all fees and charges
incurred in connection with your User Name and password (including any
applicable taxes) at the rates in effect when the charges were incurred. You
will have 60 days from the date of charge to notify us concerning any
discrepancies in your credit card statement or any invoice; after that time, all
charges will be deemed correct and no refunds will be given. You agree to pay
all amounts due upon our demand. In the event we have to collect unpaid amounts
you owe us, you will be liable for all attorneys' and collection agency fees.
7. Invested's Proprietary Rights The Service and the content available
through the Service are the property of Invested and its licensors. You may
access and use the content, and download and/or print out one copy of any
content from the Service, solely for your personal, noncommercial use. You
acknowledge that you do not acquire any ownership rights by using the
Service.
If you are interested in reprinting, republishing or distributing content
from Invested, please see our Reprints page.
"Invested", "Invested Central", "Invested Seminars", "John S. Hopkins, Inc."
the Invested Logo, and other marks are trademarks and/or service marks of John
S. Hopkins, Inc. All other trademarks, service marks, and logos used on our web
sites are the trademarks, service marks, or logos of their respective
owners.
8. User Conduct You may not republish, upload, post, transmit or
distribute content available through the Service to online bulletin boards,
message boards, newsgroups, chat rooms, or in other any manner, without our
prior written permission. Modification of the content or use of the content for
any purpose other than your own personal, noncommercial use is a violation of
our copyright and other proprietary rights, and can subject you to legal
liability.
In addition, in connection with your use of the Service, you agree not
to: - Restrict or inhibit any other visitor from using the Service,
including, without limitation, by means of "hacking" or defacing any portion of
any of our web sites; - Use the Service for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us,
without our prior written consent; - Modify, adapt, sublicense,
translate, sell, reverse engineer, decompile or disassemble any portion of the
Service or any of our web sites; - "Frame" or "mirror" any content
available through the Service or any of our web sites without our prior written
authorization; - Use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to download,
retrieve, index, "data mine," or in any way reproduce or circumvent the
navigational structure or presentation of the content available through the
Service or any of our web sites; or - Harvest or collect information
about users of the Service without their express consent. You also agree to
comply with all applicable laws, rules and regulations in connection with your
use of the Service and the content made available therein.
9. Disclaimer of Warranties THE SERVICE, AND ANY CONTENT, PRODUCT OR
SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INVESTED, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY,
ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusions may not apply to you.
INVESTED AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT
THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) ON WHICH THE
SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE
SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE,
OR STATEMENT OF INVESTED OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR
VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR
USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED
THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that content available through the Service could include
inaccuracies or errors, or materials that violate the TOU. Additionally, a
possibility exists that unauthorized alterations could be made to the content
available through the Service by third parties. Although we attempt to ensure
the integrity of our web sites and other products and services, we make no
guarantees as to the completeness or correctness of any content available
through the Service. In the event that such a situation arises, please contact
us at johnshopkinsjr@aol.com with,
if possible, a description of the material to be checked and the location (URL)
where such material can be found on our web sites, if applicable, as well as
information sufficient to enable us to contact you. We will try to address your
concerns as soon as reasonably practicable. For copyright infringement claims,
see the section on "Copyright Infringement" below.
10. Limitation of Liability NEITHER INVESTED, INC. NOR ITS AFFILIATES,
SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR ANY CONTENT
CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH INVESTED.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE
SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY,
FOR ACCESS TO THE SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitations may not apply to
you.
11. Indemnification You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and representatives harmless from and
against any and all claims, damages, losses, costs (including reasonable
attorneys' fees), or other expenses that arise directly or indirectly out of or
from (a) your violation of the TOU; (b) your use of the Service; or (c) your
violation of the rights of any third party.
12. Termination You understand and agree that Invested may, under certain
circumstances and without prior notice to you, terminate your access to and use
of the Service. Cause for such termination shall include, but not be limited to,
(i) breaches or violations of the TOU or other agreements or guidelines, (ii)
requests by law enforcement or other government or regulatory authorities, or
(iii) technical difficulties.
13. Copyright Infringement The Digital Millennium Copyright Act of 1998
(the "DMCA") provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law. If
you believe in good faith that materials hosted by Invested, Inc. or one of its
subsidiaries infringe your copyright, you (or your agent) may send us a notice
requesting that the material be removed, or access to it blocked. If you believe
in good faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send us a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by the
DMCA; see http://www.loc.gov/copyright/ for
details. Notices and counter-notices with respect to our web sites should be
sent to Jeffrey D. Katz, Esq., JDKatz, Attorneys at Law. 4733 Bethesda Ave #345,
Bethesda, MD 20814 tel: (301) 913-2948, fax: (301) 951-0147,
email:notices@invested.com We suggest that you consult your legal advisor
before filing a notice or counter-notice. Also, be aware that there can be
penalties for false claims under the DMCA.
14. Miscellaneous The Service is directed solely to individuals residing
in the United States. We make no representation that materials provided through
the Service are appropriate or available for use in other locations. Those who
choose to access the Service from other locations do so on their own initiative
and at their own risk, and are responsible for compliance with local laws, if
and to the extent applicable. We reserve the right to limit the availability of
the Service to any person, geographic area, or jurisdiction we so desire, at any
time and in our sole discretion, and to limit the quantities of any such service
or product that we provide.
The TOU, together with all INVESTED policies referred to herein, constitutes
the entire agreement between you and Invested relating to your use of the
Service and supersedes and any all prior or contemporaneous written or oral
agreements on that subject between us. The TOU and the relationship between you
and Invested are governed by and construed in accordance with the laws of the
State of Maryland, without regard to its principles of conflict of laws. You and
Invested agree to submit to the personal and exclusive jurisdiction of the
federal and state courts located within Montgomery County, Maryland, and waive
any jurisdictional, venue, or inconvenient forum objections to such courts. If
any provision of the TOU is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the TOU and
shall not affect the validity and enforceability of any remaining provisions. 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. Any heading, caption
or section title contained in the TOU is inserted only as a matter of
convenience and in no way defines or explains any section or provision hereof.
We reserve the right to require you to sign a non-electronic version of the TOU.
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