To Subscribe to Optimum Market Timing,
you must first read and accept our Terms and Conditions. Please read them
carefully. You must click on the "I Accept" button to continue.
| Agreement |
Optimum Market Timing provides
a market timing service. All use of this service is conditioned by
the acceptance without modification of the terms, conditions, and
notices contained in this agreement. By executing an agreement with
Optimum Market Timing via clicking on "I accept", the customer
acknowledges that they have read and understand the contents of this
agreement and agree to be legally bounded thereby. |
| Subscription Fees |
Payment for subscription services
will be made by automatic credit card debit. Subscribers will be automatically
renewed upon expiration unless Optimum Market Timing is notified. |
| Cancellation Policy |
Subscribers can cancel at any
time. Subscription fees are non-refundable. |
| Limitation on Use |
Customer will not transfer, sub-license,
re-sell, redistribute, reproduce, or communicate in any manner any
material provided by Optimum Market Timing to customer's clients,
or to any third parties, other than members of customer's immediate
household without the express written consent of Optimum Market Timing
to do so. Any violation of this provision will result in immediate
subscription termination. |
| Proprietary and Trademark Rights |
Customer acknowledges and agrees
that: a) Optimum Market Timing is and shall continue to be the absolute
owner of the material delivered as a part of this service, b) customer's
right to use said material is derived solely from these terms and
conditions, and c) such right is expressly limited pursuant to these
terms and conditions. Customer shall at no time assert any claim of
ownership over the material provided by reason of its use thereof. |
| Limitation on Liability |
Optimum Market Timing will
exercise due diligence in utilization of data that it believes to
be reliable and accurate and shall render services to the best of
its ability based upon that data. However, Optimum Market Timing
does not warrant or guarantee accuracy or profitability and shall
not be subject to liability for truth, accuracy, or completeness
of the information conveyed to customers or for errors, mistakes
or omissions therein or for any delays or interruption of the data
or information from whatever cause.
Optimum Market Timing shall not be responsible
for, nor be in default under this agreement due to delays or failure
of performance resulting from Internet delivery problems or failure,
or any communication or delivery problems associated with customer's
receipt of the material. Furthermore, Optimum Market Timing shall
not be responsible for, nor be in default due to acts or causes
beyond its control, including but not limited to: Acts of God, strikes,
lockouts, communications line or equipment failures, earthquakes,
or other disasters.
Liability under this agreement from any and
all causes, including but not limited to malfunction or operational
negligence, shall be limited to general money damages in an amount
not to exceed the total charges paid by customer. Such limitation
shall be the extent of liability of Optimum Market Timing, and the
foregoing shall constitute Optimum Market Timing or customer's sole
remedy. In no event will either party be responsible for lost profits
or special indirect, incidental or consequential damages which customer
or Optimum Market Timing incur or experience on account of entering
or relying on this agreement, even if Optimum Market Timing or customer
has been advised of the possibility of such damages. |
| Exclusion of Warranties |
It is expessly understood and
agreed to by the parties hereto that except as specifically provided
herein, all warranties, expressed or implied, including any implied
warranties of merchantability or fitness for a particular purpose,
are hereby excluded. |
| Indemnification |
The customer agrees to indemnify
Optimum Market Timing from and against any and all liabilities, expenses(including
attorney's fees) and damages arising out of claims resulting from
customer's use of the service, including any claims that if the allegations
were true would consitute a breach of these terms and conditions. |
| Computer Viruses |
While efforts are made to ensure
that the information provided at this Site does not contain computer
viruses, you should take reasonable and appropriate precautions to
scan for computer viruses and should ensure that you have a complete
and current backup of the applicable items of information contained
on your computer system. |
| Conformance with Law |
You agree that your use of this
Site will not violate any applicable local, national or international
law, including but not limited to any regulations having the force
of law. Some jurisdictions may have restrictions on the use of the
Internet by their residents. You agree not to impersonate any person
in your use of the Site or sending of any e-mail to an address listed
on the Site. |
| Governing Law |
The laws of the State of Oregon
will govern as to the interpretation, validity and effect of these
Terms of Use and as to any dispute or claim based on your use of the
Site or the Information, notwithstanding any conflict of laws provisions
of your domicile, residence or physical location. |
| Legal Forum |
Any dispute between the parties
that results in litigation shall be exclusively heard in the Courts
sitting in Benton County, Oregon. |
| Linking |
This site may contain links to
websites operated by other businesses. Optimum Market Timing does
not control these other sites and isn't responsible for their content.
We don't necessarily endorse the linked sites or have any association
with the operators of those sites. |
| Nature of Service |
Customer acknowledges that Optimum
Market Timing provides an impersonal service of general and regular
circulation, and that no consideration can be or is made toward customer's
unique financial circumstances. Customer will determine whether and
how to use material provided by Optimum Market Timing and shall assume
sole responsibility for acquiring information as to the characteristics
and risks inherent in the investment methods and vehicles contempleted
by customer. |
| Modification of Terms |
Optimum Market Timing reserves
the right to modify the
terms and conditions of this license agreement at any time
without prior notice. |
| Execution of these terms and
conditions |
I hereby understand that by clicking
on "I accept" and subsequently submitting subscription fees,
I am executing the preceding agreement with Optimum Market Timing
as it applies to my contemplated use of their services. |
