This
subscription agreement should be understood
and agreed to by users who wish to register
for GMP's service.
This
agreement was last updated on October 17, 2005. Gabriel's
MoneyPage Service (the "Service") is comprised
of different sets of stock lists, market commentary,
individual stock commentary and
investing ideas from Gabriel's MoneyPage ("GMP").
You must read and agree to this subscription agreement
before using the Service. THIS IS A LEGAL AND
BINDING SUBSCRIPTION AGREEMENT ("AGREEMENT") WHICH
GOVERNS YOUR USE OF GABRIEL'S MONEYPAGE
STOCK PICKS SERVICE. BY COMPLETING THE REGISTRATION PROCESS,
YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE THE
REGISTRATION PROCESS. GMP MAY AMEND THIS AGREEMENT
FROM TIME TO TIME. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS.
YOUR CONTINUED USE OF THE SERVICE CONSTITUTES
YOUR ACCEPTANCE OF THE CHANGES. IF THESE TERMS
CHANGE IN SOME WAY YOU FIND UNACCEPTABLE, YOU
SHOULD DISCONTINUE YOUR USE OF THE SERVICE.
TERMS
AND TERMINATION
Registering for the Service implies a subscription
that lasts for 6 months from the day the subscription
begins. Your subscription will continue until
the subscription period is over, or until you
notify GMP, in writing, of your decision to terminate
your subscription. GMP may terminate, or change
the Service, or the availability of the Service
to you, at any time. Such termination shall be
effective immediately upon notice of termination.
Should you object
to any terms and conditions of this Agreement
or any subsequent modifications or become dissatisfied
with the Service in any way, you agree that your
sole recourse is to immediately (1) discontinue
use of the Service; (2) terminate your membership;
and (3) notify GMP of your termination in writing
either by email to support@gabrielsmoneypage.com,
or by mail service at P.O. Box 521, East Greenbush,
NY 12061, Attn: Gabriel's MoneyPage Customer Service.
USER
INFORMATION
No
one other than GMP and its affiliates will receive
your name, address, phone number, email address,
or other specific personal information, without
your consent, unless required by law. By providing
GMP with your email address, you consent to receive
email regarding the service, subscriptions and
account information. Should there be a problem
with the Member's Area, you also agree to receive
email with the daily "Member's Only"
information until you send us an email stating
that you no longer wish to receive our email update.
DISCLAIMER
The
information presented in the Service is provided
on an "as is" basis and has been obtained or derived
from sources believed to be accurate. GMP does
not guarantee its accuracy, and it may possibly
be incomplete and/or condensed. The opinions expressed
are based upon study and interpretation of available
data. Data and information is provided for informational
purposes only, and is not intended for trading
purposes. You agree to make your own independent
investigation the basis for any business judgments
and decisions. Neither GMP nor any of its data
or content providers shall be liable for any errors
or delays in the content, or for any action taken
in reliance thereon. No offer on our part with
respect to the sale or purchase of any securities
is intended or implied, and nothing contained
herein is to be construed as a recommendation
to buy or sell any securities. It is possible
that at this date or some subsequent date the
officers, directors and/or shareholders of GMP
and its affiliates own securities, or buy or sell
securities mentioned in this publication or those
not so mentioned.
USE
OF SERVICE
You assume total responsibility and risk for your
use of the Service and the Internet. GMP does
not guarantee that the Service or Internet will
be uninterrupted or error free; it is provided
on an "as available" basis. GMP and its affiliates
do not warrant the accuracy, completeness or currentness
of the news and information available through
the Service. You acknowledge that any reliance
upon any such news, statements or other information
shall be at your sole risk.
USERCODE/PASSWORD
PROTECTION
You agree to take all reasonable steps to protect
the Service from unauthorized access or use. GMP
will allow you to choose a usercode which will
permit you to access the Service. You agree that
you will be the sole user of the Service under
this Agreement. Licensee agrees to comply with
the procedures specified by GMP from time to time
regarding obtaining and updating your usercode/password.
Usercode/Password are subject to cancellation
or suspension by GMP at any time, including upon
your misuse of the usercode/password in any way,
and the reissuance or reactivation of your usercode/password
may be subject to GMP's standard charges. You
agree that you will use your best efforts to prevent
any third party from obtaining the usercode/password,
and you will inform GMP immediately of any actual
or potential unauthorized access to a usercode/password
or to the Service.
ACCESS/INTERFERENCE/MODIFICATION/LINKS/FRAMES
If
you operate a Web site and wish to link to gabrielsmoneypage.com,
you may link only to the home page, www.gabrielsmoneypage.com,
and not to any other page or subdomain of gabrielsmoneypage.com.
You may not frame or utilize framing techniques
that involve any trademark, logo, copyrighted
material or other proprietary information (including
images, text, page layout, or form) of any portion
of gabrielsmoneypage.com without our express written
consent.
LIMITATION
ON LIABILITY
Under
no circumstances will GMP and its affiliates be
liable to you or anyone else for any decision
made or action taken by you based on the news
and information presented in the Service. GMP
AND ITS AFFILIATES SHALL UNDER NO CIRCUMSTANCES
BE LIABLE TO YOU OR ANYONE ELSE FROM ANY LOST
PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
WHATSOEVER, EVEN IF GMP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
GMP LIABILITY UNDER THIS AGREEMENT EXCEED THE
AMOUNT OF ALL FEES PAID BY YOU TO GMP. THE SERVICE
IS DISTRIBUTED "AS IS" WITH NO WARRANTIES WITH
REGARD TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
INDEMNIFICATION
Since
you are responsible for your transmission and
their consequences, you agree to indemnify and
hold GMP, its parents, subsidiaries, affiliates,
officers and employees harmless from and against
any claim demand, including reasonable attorneys'
fees made by any third party resulting from or
arising out of your use of the Service (or the
use by persons using your usercode/password),
or your violation of the Agreement.
GOVERNING
LAWS
You agree that this Agreement and any dispute
relating to it or the Service will be governed
by and construed in accordance with the laws of
the United States and the State of New York, as
such laws are applied to agreements entered into
and to be performed entirely within New York between
New York residents, without regard to conflicts
of laws principles. You hereby submit to the exclusive
jurisdiction of the federal and state courts of
the State of New York.
COPYRIGHTS
AND LICENSES/REDESSEMINATION PROHIBITED
All of the information, content, services and
software displayed on, transmitted through, or
used in connection with the Service, including
for example, graphs, charts, data, guides, text,
images, illustrations, html, source and object
code, software, and the like (collectively, the
"Content"), as well as its selection and arrangement,
is owned by GMP, and its affiliated companies,
licensors and suppliers. You may not use such material except
as provided in this Agreement. |