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Service Agreement

MarketBeaters ("Service Facilitator") is willing to provide you this service only if you agree to be bound by the following terms:

1. 1.  IN NO EVENT WILL THE SERVICE FACILITATOR OR THE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (Including but not limited to lost profits, trading losses, or damages that  result from inconvenience, delay or loss of the use the service).
2. The accuracy or completeness of the information provided on the website is not guaranteed by the Service Facilitator. There may be omissions, or inaccuracies in the Information. You agree that the Service Facilitator shall have any liability, contingent or otherwise, for the accuracy, or completeness of the Information or for any decision made or action taken by you in reliance upon the Information or the Services, or for interruption of any data, information, or any other aspect of the Service. There is no warranty of any kind, express or implied, regarding the information or any aspect of this service.
3. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of the Service Facilitator.
4. You agree to pay all subscription fees which you are charged by the Service Facilitator for the Service. You agree to pay all costs (including attorneys' fees, if any, incurred by the Service Facilitator in collecting subscription fees from you).
5. You agree to indemnify and hold the Service Facilitator and the Providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement or any third party's rights including but not limited to copyright, proprietary and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and your use of the Service.
6. You acknowledge the "Trial Period" begins the moment you complete the registration process and ends 3 days later. 
7. You accept the terms of the refund criteria which are:  Should the Service Facilitator portfolio not outperform the S&P 500 Index as measured by the S&P 500 Index mutual fund symbol VFINX for the 12 months following the subscriber's registration date, all paid subscription fees during that 12 month period will be refunded upon request to the subscriber's registered PayPal account.  The subscriber requesting the refund must be a current subscriber with an account in good standing to receive the refund.    
8. You acknowledge that your subscription will automatically continue after your free Trial Period ends and your PayPal account will be charged a $24 subscription fee for every 3 month period following your free trial period.
9. Performance of the Service Facilitator's portfolio and S&P 500 Index is calculated on a monthly basis by using the closing prices on the last day of trading for the month as reported in the Wall Street Journal for the Vanguard S&P 500 Index fund symbol VFINX.
10. You acknowledge that all disputes over performance will be resolved at the sole discretion of the Service Facilitator.
11. You agree that all contents of the Service are provided for information purposes only. You agree that the Service should not be interpreted as an endorsement of any security, or as an offer to buy or sell any security. The Service Facilitator is not a registered broker-dealer or financial advisor, and does not provide personal investment advice.
12. You acknowledge that trading of securities may not be suitable for you. You should be aware of the risks inherent in the stock market. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. You cannot assume that profits or gains will be realized or that any recommendation made by the Service Facilitator will be profitable. The purchase of securities discussed by the Service may result in the loss of some or all of any investment made. You assume the entire cost and risk of any investing and/or trading you choose to undertake. 
13. You acknowledge that we may modify this Agreement at any time. If the terms are changed, the new version of the Agreement will be posted on the Service Facilitator web site for your review. By continuing to use the Service, you agree to be bound by the changes in the new version of the Agreement.
14. The Service Facilitator reserves the right to terminate your access to the Service at its sole discretion, without notice and without limitation, for any reason whatsoever.
15. If you are not satisfied with the Service, you may cancel your subscription at any time.  There are no refunds (other than the performance refund described in item #7 above) or prorating of monthly subscription fees.

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