TheBuyList.com

Terms of Use & Disclaimers

By visiting or using any of the data and/or services offered by TheBuyList™, you are agreeing to and obligated by the following terms of use.

TheBuyList may change the terms and conditions of this Premium Membership Agreement at any time at its sole discretion. You will find notification of any such changes in the Membership area of the Web Site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, the current Premium Membership Agreement can be found in the Membership area of the Web Site. By using the Premium Service ("Premium Service") associated with this Premium Membership Agreement after notice of such changes is posted, you agree to be bound by those changes. If you do not agree to be bound by any such changes, you must immediately stop using the Premium Service and cancel your subscription, as set forth below.

Free Membership Agreement
THIS PREMIUM MEMBERSHIP AGREEMENT INCORPORATES BY REFERENCE TheBuyList'S FREE MEMBERSHIP AGREEMENT ("Free Membership Agreement").

By agreeing to the terms and conditions in this Premium Membership Agreement, you are also agreeing to the terms and conditions in the Free Membership Agreement. Unless otherwise expressly set forth herein, the terms and conditions in the Free Membership Agreement shall apply to the Premium Service.

Use of Premium Content on the Web Site
Subject to the term and conditions of this Agreement and the above-referenced Free Membership Agreement, TheBuyList hereby grants you a revocable, non-transferable, non-exclusive, limited license to use the Premium Service but only for your own personal, noncommercial use and not for any use on behalf of any third party. For purposes of this Agreement, the Premium Service shall be deemed to be a part of the Web Site. For absence of doubt, you may not use the Web Site to service, or otherwise perform work on behalf of, any brokerage, financial services or related client(s). Use of the Web Site is intended only for citizens or legal residents of the U.S. or its territories.

You may download or print hard copies of this Web Site, or portions thereof, but again, only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice:

" Copyright (c) 2007 TheBuyList. All rights reserved."

Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without TheBuyList's prior written consent.

TheBuyList has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Web Site (or any portion thereof). TheBuyList has no obligation to update the Web Site or to correct any errors or omissions that might be contained in it.

Ownership and Copyright
You acknowledge and agree that the Web Site and the information contained in it are owned by TheBuyList and/or its third-party content providers ("Content Providers") and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains confidential and proprietary data and information of TheBuyList and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement.

Disclaimer of Warranties
THE WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. TheBuyList DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

NEITHER TheBuyList NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE WEB SITE. NEITHER TheBuyList NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE WEB SITE.

PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE.

NEITHER TheBuyList NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER TheBuyList NOR ITS CONTENT PROVIDERS WARRANTS THAT THE PREMIUM SERVICE COMPLIES WITH THE SECURITIES LAWS OF ANY JURISDICTION OR WITH THE REQUIREMENTS OF THE NASD.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.

Limitation of Liability
NEITHER TheBuyList NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM TheBuyList MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS PREMIUM MEMBERSHIP AGREEMENT, THE PREMIUM SERVICE, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY TheBuyList OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS PREMIUM MEMBERSHIP AGREEMENT. THE AGGREGRATE LIABILITY OF TheBuyList AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS PREMIUM SERVICES AGREEMENT, THE PREMIUM SERVICE, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVED UP TO AN AMOUNT NOT TO EXCEED $1,000. NEITHER TheBuyList NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF TheBuyList HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.

Indemnification
You agree to indemnify, defend, and hold harmless TheBuyList, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including but not limited to attorneys' fees), or damages of any kind arising from or relating to: (i) your use of the Web Site; or (ii) your breach of this Premium Membership Agreement.

Subscription and Service
You may not use the Premium Service without a valid subscription from TheBuyList. To obtain a subscription, you must register for the Premium Service either by completing the online registration form available on the Web Site or by calling the toll-free number listed below under "Customer Service and Product Support." Your subscription will not be valid unless and until TheBuyList accepts your registration. By registering for the Premium Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify TheBuyList promptly of any changes to this registration information. This notification can be effected either by editing your user profile in the Membership area of the Web Site or by calling the toll-free number listed below under "Customer Service and Product Support."

You will receive a free fourteen (14) day trial subscription to the Premium Service, beginning on the date on which TheBuyList accepts your registration. If you don't terminate during this trial period, the initial term of your regular Premium Service subscription will start immediately after the fourteen (14) day trial period ends and will continue for the length of time that you selected when you registered. If you have taken a Premium Membership trial in the past 24 months, you will not receive a free fourteen (14) day trial and your credit card will be charged immediately.

You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In the case of special or introductory offers to Premium Membership, your subscription will automatically renew for successive annual terms and your credit card will be charged at the annual subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.

TheBuyList RESERVES THE RIGHT TO CHANGE THE PREMIUM SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.

Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions of this Premium Membership Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.

User Password
When you register as a subscriber, you select a password, which you may then modify at any time as often as you like. You may not select, and TheBuyList may modify or delete, any password that TheBuyList determines, in its sole discretion, violates any third party's rights or is offensive, improper, or inappropriate.

Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Premium Membership Agreement).

YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY TheBuyList (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.

Printable Reports not specified above are subject to a fee for each download regardless the number of "free" downloads you have remaining with your current Premium membership. You will be notified of any such fee prior to your downloading that Printable Report and will only be charged when you actually download it.

Charges and Billing Practices
When the trial period ends, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Premium Service during that term. You can always find the current subscription rates by reviewing the Member Benefits and Registration page on the Web Site. Printing fees will be assessed at the then-current rate at the time of printing. Subscription fees and Printing Fees are nonrefundable, except as set forth below.

TheBuyList reserves the right to change the fees it charges for products, services or features (collectively, "Products") offered in connection with the Premium Service and/or the Web Site at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.

Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the Premium Service ("your credit card"). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to TheBuyList, and if we do receive such information, it will be treated by TheBuyList as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.

You must promptly notify TheBuyList (as set forth below) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided TheBuyList regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, TheBuyList will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, TheBuyList shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys' fees) incurred by TheBuyList in collecting any unpaid subscription fees or other charges from you.

Cancellation
You may cancel your subscription by notifying TheBuyList of such cancellation, via the cancellation link on the account page under your profile.

If you cancel your subscription during your trialday trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your  trial period expires, your membership will continue in effect until your anniversary day, then terminate on that day. (For example, if you join on January 1 and you cancel on June 15, your membership continues until July 1, at which time it ends.) When you cancel your membership, the membership period you're in at the time of the cancellation is non-refundable. With your cancellation request, your membership will not be renewed.

TheBuyList may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Premium Membership Agreement or any portion of the Free Membership Agreement, incorporated herein by reference above; or (ii) your use of or access to the Premium Service or the Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Premium Service or any other service offered by TheBuyList on the Web Site. None of the foregoing limits any other legal, equitable, or contractual rights available to TheBuyList.

TheBuyList may, in its sole discretion, choose not to renew your subscription by providing you with notice of nonrenewal at any time during your subscription term at the e-mail address you provided when completing your registration. In the event of the foregoing, your subscription will cease and will not automatically renew at the end of your then-current subscription term.

Dow Jones
If you are a "Securities Professional" as defined herein, you may not use any of the information from Dow Jones Business News or Dow Jones and Company, Inc. to provide advice or products or services to a third party. You may use information from Dow Jones Business News or Dow Jones and Company, Inc. solely for your personal investing or educational purposes and not in connection with any commercial product or service or in connection with advising third parties, or buying, selling, or trading securities for or on behalf of third parties. A "Securities Professional" means a person who: (i) acts as a broker or dealer in the purchase or sale of negotiable financial instruments or is registered or qualified in any capacity under any federal or state securities or commodities trading law, rule, or regulation or the rules or regulations of any securities or commodities exchange, market, or association; (ii) falls within the definition of "investment banker" as that term is defined in the Investment Company Act of 1940; (iii) is a national securities or commodities exchange, registered securities or commodities association, or registered clearing agency; (iv) engages in the buying and selling of negotiable financial instruments for his or her employer or for an entity or its customers' accounts; or (v) is engaged in the business of managing or directing a fund or portfolio of assets (that includes negotiable financial instruments) owned principally by third parties.

Customer Service and Product Support
For customer service related to your Premium Service subscription (including information regarding registration and billing), contact TheBuyList via email at customersupport@thebuylist.com.

For technical and product support related to your Premium Service subscription, contact TheBuyList via e-mail only at the Premium Member address provided in the Premium Membership Services area.

Governing Law and Jurisdiction
This Premium Membership Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Georgia, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of Georgia. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, U.S.A., for any action or proceeding arising under or relating to this Premium Membership Agreement, the Premium Service, the Web Site, or the use of, or reliance on, any of them, whether based in contract or tort or otherwise.

Entire Agreement
This Premium Membership Agreement and the Free Membership Agreement together constitute the entire agreement between you and TheBuyList regarding the subject matter hereof, and supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.

Severability
To the maximum extent possible, each provision in this Premium Membership Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Premium Membership Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Premium Membership Agreement.

Copyright

All of the content provided through this website, including but not limited to any and all data, text, images, and design is the exclusive property of TheBuyList.com, inc, and is protected under U.S. and international copyright laws. You are agreeing NOT to distribute, display, give or sell any data or content obtained from or as a service of this website, in part of full, without the express written consent of TheBuyList.com, inc. The compilation, repackaging, or dissemination of thebuylist.com's information in any way is prohibited. Our copyrights will be strictly enforced.

Membership

Each member subscription entitles 1(one) user to access the information and data provided. Access and membership is available for PERSONAL uses only. Distribution of any kind and/or display, both directly and indirectly, of any information or data acquired from or because of this site, in part or full, is a violation of US and International Copyright Laws, and the terms of this agreement. TheBuyList™ holds the right to cancel user membership to subscribers for any reason. Granting unauthorized access of the copyrighted information or this website is strictly prohibited. For firm-wide special pricing, please contact us at: main@thebuylist.com

Privacy Policy

TheBuyList™ values your privacy and implements strict practices to safeguard your personal information. Your information is used for facilitating routine e-commerce transaction processes only. TheBuyList™ will never use, market, solicit or distribute any of your information for marketing purposes of any kind. TheBuyList™ is not responsible for the practices of any other outside company linked to this web site.

Disclaimer

TheBuyList™ is intended for use by knowledgeable stock market professionals. As a member, visitor, or user of any kind, you accept full responsibilities for your investment and trading actions. The contents of this website, including but not limited to all implied or expressed views, opinions, teachings, data, graphs, opinions, or otherwise are not predictions, warranty, or endorsements of any kind. Please seek stock market advice from the proper securities professional, or investment advisor. By visiting TheBuyList™ or using any data or services, you agree to assume full responsibility for the decisions or actions that you undertake. TheBuyList™, its owner(s), operators, employees, partners, affiliates, advertisers, information providers and any other associated person or entity, shall under no circumstances be held liable to the user and/or any third party for loss or damages of any kind, including but not limited to trading losses, lost trading opportunity, direct, indirect, consequential, special, incidental, or punitive damages. As a user, you agree that any damages collected shall not exceed the amount paid to TheBuyList™ and/or it's owners. Membership or use of any information provided is not available to lawyers, legal professionals, or their spouses. As a website user, you agree that any and all legal matters of any kind are to be reviewed and handled in their entirety within the State of Georgia only.

By using the services of this website, you are consenting to the terms as outlined, and forfeit all legal jurisdictions in any other State. Past performance is not a guarantee of future outcomes. Any and all examples are hypothetical and should not be considered a guarantee or endorsement of such trading activity. TheBuyList™ does not take responsibility for problems of any kind, including but not limited to issues with operations, data accuracy or completeness, contacting issues, technical issues, and timeliness. TheBuyList™ places great integrity on the data collected and distributed. This information is deemed reliable, but not guaranteed. All information and data is provided "as is" without warranty or guarantee of any kind. Please seek investment and/or trading advice, council, information or services from a securities professional.

Security

Secure Sockets Layer (SSL) technology is a sophisticated encryption tool used by TheBuyList™ to protect your online order. A digitally secure communications channel is established between the server and the client whereby all data is encrypted. SSL is the industry standard for online order security, used by companies such as Amazon®, Yahoo!®, and Ebay® to protect and facilitate today's e-commerce online transaction services.