The Daily Market Summary Terms and Conditions of Use  
     
  PLEASE READ THE TERMS AND CONDITIONS BEFORE SUBSCRIBING TO THE DAILYMARKETSUMMARY SITE. BY CLICKING ON "I AGREE" BELOW OR OTHERWISE USING THE SERVICE, THESE TERMS AND CONDITIONS WILL FORM A BINDING AGREEMENT BETWEEN YOU AND LEWIS CAPITAL, INC. THIS AGREEMENT WAS LAST UPDATED ON January 25, 2007.  
     
  General rules and information  
  This service (the "Service") is owned and operated by Lewis Capital, Inc. ("Lewis Capital") for your personal non-commercial use only in exchange for your payment of the fee ("Service Fee") charged by Lewis Capital annually for providing the Service. A subscription to the Service entitles subscribers to a minimum of 220 daily reports (the Daily Market Summary), full access to all Archives, access to any Guest Columns that might be offered, Today's Statistics, or any other subscription content or personalized research service Lewis Capital might provide within the 52-week period of subscription that begins from the latter of: March 4, 2002 or the "date of subscription" (the "date of subscription" is defined as the date access to the Service is granted). If, for any reason, Lewis Capital fails to produce the required number of reports, subscribers with paid-up annual subscriptions will receive a subscription extension equal to the number of reports missed. While Lewis Capital will endeavor to provide reports to its subscribers every evening following the close of US trading, Lewis Capital cannot be responsible for hardware failure, actions taken by subscriber ISP's or general problems related to the Internet, or incapacity of the Service's author, Lance J. Lewis. All subscriptions and/or additional research service payments to Lewis Capital, Inc. are nonrefundable.  
     
  Lewis Capital's offices are located in the State of Texas, United States. You may not use the Service until you have read and agreed to abide by these terms and conditions of service ("this Agreement").  
     
  You represent and warrant that: (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years old; (c) you will not use the Service, any content received from the Service, or any rights granted under this Agreement for any unlawful purpose; and (d) you will use the Service only as set forth under this Agreement.  
     
  If you have comments regarding the Service or this Agreement, you may send them by e-mail to support@dailymarketsummary.com. You must send any official correspondence via post to:  
     
 
Lewis Capital, Inc.
990 HWY 287 N
STE 106-146
Mansfield, TX 76063
 
     
  Your acceptance of this Agreement  
  By entering or using the Service you agree to accept and be bound by this Agreement without limitation, qualification or change. You represent that you have read and agree to abide by all the terms and conditions of this Agreement at all times while using the Service. You may not use the Service in any way that involves a failure to abide by any term or condition of this Agreement.  
     
  Financial information  
  In addition to, and without diminishing any other provision of this Agreement, Lewis Capital assumes no responsibility for financial or securities information provided on the Service. You hereby acknowledge that you rely on any financial or securities information received on or through the Service at your own risk.  
     
  NOTHING IN THE SERVICE CONSTITUTES AN OFFER TO SELL OR FOR YOU TO PURCHASE ANY SECURITY. NOTHING IN THE SERVICE CONSTITUTES A RECOMMENDATION TO PURCHASE OR SELL ANY SECURITY. BEFORE MAKING ANY INVESTMENT DECISIONS, YOU SHOULD CONSULT YOUR INVESTMENT AND TAX ADVISORS.  
     
  You warrant that you will not engage in stock manipulation, illegal proxy solicitation, or any other activity contrary to local, state, or federal law, the regulations of the U.S. Securities and Exchange Commission, or any foreign law or regulation.  
     
  LEWIS CAPITAL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF THE USE OF INFORMATION, EVEN IF LEWIS CAPITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  
     
  Owners, associates and contributors to the Service may have positions in, and from time to time may purchase or sell any securities referred to on this site without prior notice.  
     
  Changes to this Agreement  
  Lewis Capital reserves the right to change this Agreement at any time. Lewis Capital will post a notice of such change on the Service. By continuing to use the Service after a change is made, you agree to accept and be bound by the modified Agreement. Only Lewis Capital may alter this Agreement.  
     
  Termination of this Agreement  
  This Agreement is effective from the date of payment of the Service Fee. If Lewis Capital determines, in its sole discretion, that you have not complied with any part of this Agreement, it may terminate your access to the Service or any part of the Service without refund. Any termination of this Agreement removes your authorization to access or use the Service. However, in the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Lewis Capital further retains the right to terminate the Service at its sole discretion.  
     
  Use of Intellectual Property  
  The Service and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, and software (collectively the "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. You acknowledge and agree that the Intellectual Property is owned or controlled by Lewis Capital or the party credited as the provider of the Intellectual Property.  
     
  You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, de-compile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property, or the Service itself, in whole or in part, except as expressly provided in this section of this Agreement.  
     
  You may browse the Service and download material appearing on the Service and/or make one printed copy for your own personal, noncommercial use. You must keep intact all copyright, trademark and other notices contained in this one personal copy. You may not distribute, or otherwise make available to others, this one personal copy. You may not save or archive a significant portion of the material appearing on the Service. You acquire absolutely no rights or licenses in or to the Service and material appearing on the Service other than the limited right to utilize the Service in accordance with this Agreement. Should you choose to download material appearing on the Service, you must do so in accordance with this Agreement. Such download is licensed to you by Lewis Capital ONLY for your own personal non-commercial use in accordance with this Agreement and does not transfer any other rights to you.  
     
  The names "Daily Market Summary," "Lewis Capital," "Lewis Capital, Inc," "Dailymarketsummary.net" are trademarks, trade names, and service marks owned or licensed by Lewis Capital.  
     
  General Limitation of Liability; Disclaimer of Warranties  
  Your use and browsing of the Service is at your own risk.  
     
  THE SERVICE, AND ALL ITS CONTENTS, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. LEWIS CAPITAL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OF ANY KIND FOUND ON THE SERVICE. YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SERVICE IS AT YOUR OWN RISK.  
     
  LEWIS CAPITAL, AFFILIATED COMPANIES AND ANY OTHERS INVOLVED IN CREATING THE SERVICE AND ITS CONTENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SERVICE, INCLUDING BUT NOT LIMITED TO LEWIS CAPITAL'S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SERVICE, THE UNAVAILABILITY OF THE SERVICE, ERRORS OR INACCURACIES CONTAINED ON THE SERVICE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE, EVEN IF YOU HAVE ADVISED LEWIS CAPITAL IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.  
     
  Lewis Capital is not responsible or liable for any damage, including but not limited to damage caused by viruses, to your computer, computer system, or other property, during or on account of access or use of the Service or any sites to which the Service provides hyperlinks ("links").  
     
  The Service includes links to other Internet sites, both related and unrelated to the Service, that may be of interest to users. The presence of a link to a third-party Service does not constitute or imply Lewis Capital's endorsement, sponsorship, or recommendation of the third party or of the information or products contained on the site. Lewis Capital does not monitor or control any linked sites and is not responsible for their content or availability.  
     
  Bulletin boards, chat rooms, forums and other interactive services  
  The Service may contain bulletin boards, chat rooms, forums or other interactive components (collectively "Interactive Services").  
     
  In addition to, and without diminishing any other provision of this Agreement, Lewis Capital notes that it does not control and is not responsible for messages, information or files uploaded to the Service's Interactive Services (collectively "Postings") by you or other users. Lewis Capital is not obligated to and does not regularly monitor, delete or edit Postings. However, Lewis Capital reserves the right to do so at any time in its sole discretion, for any reason or no reason. These activities do not impose any responsibility or liability on Lewis Capital for damages arising from Postings or from Lewis Capital's alteration of Postings. You are solely responsible for the content of the Postings you upload to the Service, as are all other users. Lewis Capital is not responsible for damages of any kind arising from any Postings even when Lewis Capital is advised of the possibility of such damages. The Service's Interactive Services are for noncommercial use only. You may not upload any solicitation or advertisement to any Interactive Service unless the Service explicitly states that such Postings may be uploaded to that particular Interactive Service.  
     
  You agree and warrant that you will not: (1) upload any unlawful (according to local, state, federal, or foreign law), defamatory, obscene, indecent, threatening or abusive Posting to or through the Service; (2) upload any Posting that infringes or violates any right of a third party, including, without limitation, copyright, patent, trademark, privacy, or publicity rights, to or through the Service; (3) introduce any program that will collect or relay information of any type from other users, interfere with the use of the Service or other users' computer equipment, or cause damage of any type to or through the Service; or (4) otherwise cause damage or exploit information for commercial purposes on or through the Service.  
     
  Unless otherwise provided by rules applicable to a specific component of the Service, all Postings to the Service automatically and immediately become the property of Lewis Capital, without any obligation of confidentiality. If any court determines that Lewis Capital does not retain exclusive ownership of any Posting, then you hereby expressly grant to Lewis Capital the irrevocable right to copy, adapt, publish, transmit, display, sell or otherwise distribute, in any form or medium now known or later developed, any Posting you upload to the Service, to alter any such Posting in any way for any reason, and you waive all rights to claim authorship of such Posting or to object to any modification to such Posting (the so-called "moral rights") in all such Postings.  
     
  Indemnification  
  You agree, at your own expense, to indemnify, defend, and hold harmless Lewis Capital, its subsidiaries, parent companies and affiliates, from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of or Postings to the Service. You will cooperate fully in any defense of such claim. Lewis Capital reserves the right to take exclusive control of the defense of any such claim.  
     
  Fees  
  You are responsible for the payment of all online charges and for the communication facilities that enable you to access the Service.  
     
  You will pay the Service Fee by providing Lewis Capital with your credit card details so that Lewis Capital may debit your credit card account or by submitting a money order payable in U.S. dollars or a check in U.S. dollars drawn on a U.S. bank. When you have paid the Service Fee, Lewis Capital will select a username and password that, when used together, will allow you to access the Service. You will keep your username and password confidential. If you learn or suspect that another person has obtained your password, you will immediately notify Lewis Capital. We will then cancel the password and, subject to such conditions as we may deem appropriate, assign a new password to you.  
     
  Lewis Capital may, without incurring any liability, change the password issued to you by informing you of such change.  
     
  Privacy Policy  
  Lewis Capital will not use Internet "cookies" or other programs or methods to gather information about your use of the Internet. Cookies and other methods are only used to maintain persistent information about your use of this site. All registration records and information gleaned from your use of the Service and Postings to the Service, if any, are the property of Lewis Capital. Lewis Capital reserves the right to use these records and this information for its own marketing or other purposes, or those of its related entities.  
     
  Registration records and personally identifying information gleaned from your use of the Service and Postings to the Service will not be sold or otherwise provided to third parties without your consent, other than affiliates of Lewis Capital, or for the purpose of providing the Service.  
     
  Forum selection and litigation  
  This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the City of Fort Worth, State of Texas, and of the federal courts located therein for any cause of action arising out of this Agreement. This Agreement, and any other terms and conditions of service, on the Service constitute the entire agreement between you and Lewis Capital and govern your use of the Service.  
     
  If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect. You agree to file any cause of action with respect to this Agreement and your rights and obligations in the City of Fort Worth, State of Texas, within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.  
     
  Click "I AGREE" below to agree to the terms and conditions and return to the registration page.  
     
 
 

 

  Copyright 2002 -<%=" "%><%=Year(Date)%><%=" "%>Lewis Capital, Inc. All rights reserved.
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