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Terms of Use Agreement

Terms of Use Agreement

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Published by glerner133926
Terms of Use Agreement
Terms of Use Agreement

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Published by: glerner133926 on Feb 16, 2010
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 Last revised: February 2010ARL Advisers, LLC provides a web service known as TheTechnicalTake.com, as well as allservices related to the web service ("the Service"), including various email alerts ("Alerts"),(collectively “Service”). The use of this Service is subject to your compliance with the termsand conditions set forth in this Agreement.
Your use of this Service acknowledges youragreement to be bound by the terms of this Agreement. If you do not agree to bebound by the terms of this Agreement, do not use this Service.
 This Agreement is made between ARL Advisers, LLC and you, the user and/or member of theService. ARL Advisers, LLC, in its sole discretion, reserves the right at any time to amend theterms and conditions of this Agreement. Further, ARL Advisers, LLC, in its sole discretion, maychange, discontinue or eliminate any content or feature of the Service and may change fees orcharges for use of the Service.
Be sure to review this Agreement periodically to ensurefamiliarity with the most current version.
Our policy with respect to the collection and use of your personal information is setforth in our “Privacy Policy”.
Code of Conduct.
The content and information provided by ARL Advisers, LLC is for yourpersonal, internal use only. You may not syndicate, license, redistribute any information fromthe Service to any third party, whether as a stand-alone product or in conjunction with otherdata or information for any purpose without the prior consent of ARL Advisers, LLC. Youacknowledge that all proprietary rights in the information from the Service shall remain thesole and exclusive property of either ARL Advisers, LLC or any third party from whichinformation is provided by and disseminated from the Service. You may not downloadelectronic copies of our content for any purpose other than those permitted by law. Further,you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Service that would create an electronic databaseor archive containing such content. You may not violate or attempt to violate the security of the Service by, without limitation; (a) accessing data not intended for you or logging into aserver or account with you are not authorized to access, (b) attempting to probe, scan or testthe vulnerability of a system or network or to breach security or authentication measureswithout proper authorization, (c) attempting to interfere with service to any user, host ornetwork, including, without limitation, via means of submitting a virus to the Service,overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or"crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of productsor services, (e) forging any TCP/IP packet header or any part of the header information in anye-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverseengineer any of the software comprising or in any way making up a part of the Service.Violations of system or network security may result in civil or criminal liability. ARL Advisers,LLC will investigate potential violations and will, where applicable, vigorously prosecuteindividuals to the fullest extent of the law.
Registration for Subscription Services.
You must be 18 years of age or older to subscribeto this service. When you register to become a subscriber, you agree to provide accurate,current and complete information. You further agree to maintain and update your informationon a timely basis for accuracy and completeness. If any information provided is untrue,inaccurate or incomplete, this Agreement becomes voidable at the sole discretion of ARLAdvisers, LLC.
Your subscription (whether free or paid) provides unlimited access to the basic Service andother premium options for an individual user whose identity must be ascertainable by a uniqueemail address.
You may not share your username and password with any otherperson(s) and you acknowledge that you are responsible for any and all activityconducted through your account.
Payment, Cancellation and Renewal.
You agree to pay all fees and charges incurred inconnection with your subscription to the Service (including any applicable taxes) at the ratesin effect when the charges are incurred. You agree to pay all amounts due upon demand. Inthe event we have to collect unpaid amounts you owe us, you will be liable for all attorneys'and collection agency fees. Your subscription will renew automatically until you notify ARLAdvisers, LLC in writing and acknowledged by ARL Advisers, LLC of your decision to terminateyour subscription. If you subscribed to our services using a credit card, we will contact you viae-mail only if your card has expired. For your convenience, we will automatically update ourfiles to include the new expiration date on your credit card so that your service may continueuninterrupted. Termination of service will take effect no later than 10 business days afteracknowledgment by ARL Advisers, LLC of your notification. Monthly subscriptions will not bereimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before youmay re-subscribe.
Jurisdictional Issues.
The Service is solely directed to individuals residing in the UnitedStates. We make no representation that materials provided in the Service are appropriate oravailable for use in other locations. Those who choose to access the Service from otherlocations do so on their own initiative and at their own risk, and are responsible for compliancewith local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service and/or the provision of any service or product described thereon to any person,geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and tolimit the quantities of any such service or product that we provide.
Links to Other Web services.
The Service may contain links to other Internet web servicesor resources. We neither control nor endorse such other web services, nor have we reviewedor approved any content that appears on such other web services. You acknowledge and agreethat we shall not be held responsible for the legality, accuracy, or inappropriate nature of anycontent, advertising, products, services, or information located on or through any other webservices, nor for any loss or damages caused or alleged to have been caused by the use of orreliance on any such content.
The information on the Service is based on sources ARL Advisers, LLCbelieves to be reliable but is not guaranteed by us and does not purport to be a complete orerror-free statement or summary of the available data. As such, we do not warrant, endorseor guarantee the completeness, accuracy, integrity or timelines of the information. You mustevaluate, and bear all risks associated with, the use of any information provided hereunder,including any reliance on the accuracy, completeness, safety or usefulness of such information.This information is not intended to be used as the primary basis of investment decisions. Itshould not be construed as financial or other advice or as an offer to sell or the solicitation of an offer to buy any security in any state where such an offer or solicitation would be illegal.Any information expressed herein on this date is subject to change without notice. Anyopinions or assertions contained in this information do not represent the opinions or beliefs of ARL Advisers, LLC or one or more of its employees, including the editors of the Alerts who mayhave a position in any of the securities discussed. UNDER NO CIRCUMSTANCE IS ARL Advisers,LLC OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANYINCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATUREWHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TOPROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OFBUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.
Limitation of Liability.
Neither ARL Advisers, LLC, 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/orcontent contained on the Service, or any product or service purchased through the Service.Your sole remedy for dissatisfaction with the Service and/or content contained within theService is to stop using the Service. The sole and exclusive maximum liability to company forall damages, losses, and causes of action (whether in contract, tort (including, withoutlimitation, negligence), or otherwise) shall be the total amount paid by you, if any, to accessthe Service.
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 arisedirectly or indirectly out of or from (a) your breach of this Agreement, including any violationof the Code of Conduct above; (b) any allegation that any materials that you submit to us ortransmit to the Service infringe or otherwise violate the copyright, trademark, trade secret orother intellectual property or other rights of any third party; and/or (c) your activities inconnection with the Service or any services related to the Service. This indemnificationextends to and includes any attorney’s fees and costs incurred by us arising from any action orclaims to which this indemnification applies, or from the contesting of the applicability of thisprovision. This section survives termination of this Agreement.
- ANY CLAIM, CONTROVERSY OR DISPUTE OFANY KIND BETWEEN THE SUBSCRIBER AND THE COMPANY AND/OR ANY OF ITS’ EMPLOYEES,AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT,STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT,OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUALOF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDINGARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOTSTATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION.HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THECUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMSCOURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitratorwill be selected in accordance to the rules of the American Arbitration Association or may beselected by agreement of the parties, who shall cooperate in good faith to select the arbitrator.The arbitration will be conducted by, and under the then applicable rules of the Americanarbitration Association. Any required hearing fees and costs shall be paid by the parties asrequired by applicable rules or as required by applicable law, but the arbitrator shall have thepower to apportion such costs as the arbitrator deems appropriate.THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENTON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITHJURISDICTION.If any party files a judicial or administrative action asserting a claim that is subject toarbitration and another party successfully stays such action or compels arbitration, the partyfiling that action must pay the other party’s costs and expenses incurred in seeking such stayor compelling arbitration, including attorney fees.THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THESTATE OF KENTUCKY, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE

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