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.
