THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE
READ IT CAREFULLY. BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE
TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, JUST AS IF YOU HAD SIGNED
THE SUBSCRIBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS
SUBSCRIBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS.
1. SCOPE OF AGREEMENT
Under this Agreement ("Agreement"), iDayo, Inc. ("we",
"our" or "us") makes available on-line financial
information and services (the "Service") to registered
subscribers or authorized users ("you", "your",
"user", "users", or "subscriber").
By selecting "I ACCEPT" when registering; or if you use
the Service in any manner; or if you click CONTINUE when logging
in with your User ID and Password; by performing any of these actions
you agree to be bound by this Agreement. The term "use"
means the use and availability of, access to, transmission to or
from or any exchange of information or communication in connection
with or arising from the Service.
This is the entire agreement between you and iDayo, Inc., superseding
prior agreements regarding its subject matter. Whenever new products
or services become available, your use of them will be under this
Agreement unless we notify you otherwise. You must comply with any
additional terms which apply to third-party content, software or
other services. We may change this Agreement at any time pursuant
to the terms of this Agreement. You can read a current copy of this
Agreement any time by selecting "Subscriber Agreement"
link available on our web site at http://www.iDayo.com. If any change
is not acceptable, you may terminate your subscription as described
below, but using the Service after this Agreement has been changed
means you accept the changes.
2. NATURE OF SERVICE
iDayo, Inc. is neither an investment advisory service nor an investment
advisor. iDayo, Inc. does not purport to tell people, or suggest
to people, either whether to buy or sell securities nor what they
should buy or sell for themselves. Neither iDayo, Inc. nor anyone
affiliated with iDayo, Inc. is responsible for any investment decision
made by users. Users should always read the corresponding prospectus,
check with their licensed financial advisor and their tax advisor
to determine the suitability of any investment. Further, the passage
of time can render all things stale, and iDayo, Inc. is not responsible
for any misconceptions which may result from the reading of dated
material. You should carefully check the dates of issuance of the
information provided by iDayo, Inc.
The information contained within this Web site is the property
of iDayo, Inc. or its licensors. While iDayo, Inc. strives to present
accurate and useful information, it makes no guarantee of accuracy
or completeness.
3. SUBSCRIPTION INFORMATION
You may not use the Service without a valid subscription from iDayo,
Inc. To obtain a subscription, you must register either by completing
the online registration form or by calling the telephone number
listed on our Website. Your subscription will not be valid unless
iDayo, Inc. accepts your subscription.
You will provide us with accurate registration information and
advise us promptly of any changes. By subscribing to the Service,
you represent and warrant that all registration information that
you provide is true, complete, and accurate, and you agree to notify
us promptly of any changes to the information. In the event that
a subscriber intentionally or knowingly provides inaccurate information,
this Agreement may be terminated immediately by us at our discretion
and without notice. When you register, you will receive a user name
and will select a personal password which we may assign or allow
you to select. You may not select a password which violates anyone's
rights or one, in our sole discretion, we consider offensive, improper
or inappropriate. If you do, we can modify or delete it.
4. PASSWORD DISCLOSURE
Your username and password are for your personal use only, and you
agree to keep them secret and not to share them with anyone. Subscribers
shall take any and all actions necessary to maintain the privacy
of his or her password. In the event subscriber has reason to believe
that a third party has access to subscriber's account, subscriber
shall promptly change account password, and notify iDayo, Inc. of
any unauthorized use of your username and password. You are responsible
for all use, activities, and charges associated with or arising
from any use of your username and password, regardless of whether
you authorized such use.
5. PRICING INFORMATION
Current rates for using our fee-based services may be obtained by
calling our Customer Service Department at 561-753-5998, or by electronic
mail at Support@Idayo.com or by viewing our "Subscribe"
pages. We reserve the right to change fees, surcharges, or other
periodic subscription fees or to institute new fees at any time
upon 30 days' notice. We will use our commercially reasonable efforts
to notify you of such fee changes.
Subscription payments for our regular fee-based Services are due
in advance, payable on the day you join for your first subscription
term and the first day of each subscription term thereafter while
your subscription is current. Subscriptions are for one calendar
year. If you have requested automatic renewal, your subscription
will automatically renew for successive renewal terms of the same
duration unless you terminate your subscription before the start
of any such renewal term. By subscribing to the Service, you agree
to pay for your first term in full. Use of the service, including
logging in with your user name and password constitutes acceptance
of and satisfaction with the Service. Subscription fees charged
are non-refundable.
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 Service during that term. If we decide
to raise the subscription fee we will give you at least 30 days
prior notice by email, using commercially reasonable methods. If
you do not agree to such price increase you may cancel your subscription
by sending a notice of cancellation by email to Support@iDayo.com.
If you pay us by any instrument, including allowing us to withdraw
funds from an account designated by you ("your account")
and we do not obtain full payment, you agree to pay all amounts
due upon our demand. No refunds will be issued. You will be liable
for attorneys' and collection fees if we have to collect unpaid
amounts you owe us. If your subscription ends, you will immediately
pay us any outstanding balance on invoices we send you. If you do
not notify us of discrepancies within 90 days after they first appear
on any statement we send you, you will be considered to have accepted
the amounts due to be correct. We may refer to such acceptance if
we receive any inquiries from you or relating to your account, any
judicial, regulatory or governmental authority or anyone else. You
release us from all liability and claims of loss resulting from
any error or discrepancy that is not reported to us within 90 days
of our sending a statement to you or from when we otherwise give
you notice, whichever is sooner.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE
OUR SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR
INFORMATION, MATERIAL (DEFINED BELOW) OR SERVICES. WE WILL USE COMMERCIALLY
REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CHANGES IN ADVANCE
AND IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION
AS DESCRIBED BELOW.
6. RIGHTS AND RESPONSIBILITIES
The Service may present information, data, content, news, reports,
programs, video, audio and other materials and services, communications,
transmissions and other items, tangible or intangible, which are
referred to as “Material”. Material can be furnished,
made available and/or accessible from one party to another and it
can be perceived either directly or with the aid of a machine, program
or device and can be owned by us, provided through an arrangement
we have with others or may be accessed through use of the Service.
You have no rights in or to the Material and you will not use Material,
except as permitted under this Agreement. You will not violate our
rights, the rights of any third party or any laws and regulations.
Unless we give you written permission, you may only use and access,
download and copy our Material (and print out one copy) for your
own use, keeping all our copyright and other notices on the Material.
You may not do or allow anyone else to do anything with the Material
which is not specifically permitted in this Agreement. You agree
to comply with all notices and requirements accompanying third-party
Material.
You may not use or allow others to use, your subscription, user
name, password or the Service, directly or indirectly. 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.
You may not upload, distribute, transmit, communicate, link to,
publish or access any material or information through, using or
otherwise in connection with the Service, that: (a) is libelous,
defamatory, vulgar or obscene, pornographic, sexually offensive
or explicit, harmful or harassing, threatening, hateful, racially,
culturally, ethnically or otherwise objectionable or offensive,
discriminatory or abusive; (b) violates any law or regulation or
the rights of others; (c) causes duress, distress or discomfort
to another; or (c) infringes any intellectual property, proprietary
rights or confidentiality obligations of others. You are solely
responsible and liable for any such activity or conduct. We have
no liability and you bear the sole and exclusive risk associated
with use of or reliance on the accuracy, completeness, timeliness
or usefulness of any Material in connection with your subscription,
user name or password. Although we do not pre-screen, we reserve
the unconditional right to remove Material we consider harmful,
offensive, in violation of law, regulation or any agreement.
You also may not use, nor allow others to use, your subscription,
user name, password or the Service, directly or indirectly, to:
(a) attempt to or actually disrupt, impair or interfere with, alter
or modify the Service or any Material; (b) act in a way that affects
or reflects negatively on us, the Service, or any other; (c) transmit
or communicate any advertising, promotion or solicitation; (vi)
collect or attempt to collect any information of others, including
passwords, account or other information.
7. USE LIMITATION
Subscriber acknowledges that his or her right to use this web site
and other products or services offered by iDayo, Inc. is subject
to the terms and conditions of this Agreement, is personal to subscriber
and is not transferable by assignment, sublicense, or any other
method to any other person or entity. Any attempt to transfer subscriber's
right to use this Web site is void and shall constitute a breach
of this Agreement. Subscriber's use of the site is limited to the
Subscriber's own use. Subscribers may not modify, copy, distribute,
retransmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from this web site.
8. INFORMATION ABOUT YOU
"Personal information" means any information relating
to your subscription and use of the Service and which specifically
identifies you or your account. We may store and use your personal
information for our own internal purposes and we reserve the right
to access, monitor and retrieve password-protected information for
compliance with this Agreement. We will not disclose your personal
information, except as described in this Agreement or our Privacy
Statement available at http://www.idayo.com. In our sole discretion,
we still reserve the right to make exceptions as to the disclosure
of your personal information whenever we believe an emergency, illegal
activity or some other reasonable basis exists for notifying or
providing such information to the appropriate authorities.
We sometimes aggregate information about our subscribers and you
agree we can make such statistical information available to others.
Further, iDayo, Inc. reserves the right to collect and distribute
demographic information to advertisers or other third parties. While
iDayo, Inc. will seek to require third-party content providers and
other parties to adhere to iDayo, Inc.'s privacy policies, iDayo,
Inc. does not bear any responsibility for any actions or policies
of such third parties.
9. LIMITED LIABILITY AND WARRANTY
You are entirely liable for activities conducted by you or anyone
else in connection with your subscription and use of the Service.
You must keep your user name and password secret and not disclose
it to others. You may not allow others to use the Service, your
subscription, user name or password. If you do, you: (i) assume
all responsibility and liability associated with such use; and (ii)
indemnify and hold us harmless for any such use.
THE INFORMATION AT THIS WEB SITE MAY CONTAIN BUGS, VIRUSES, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. iDayo, Inc. ASSUMES NO LIABILITY
AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT
TO THE FUNCTIONING OF, OR THE CONTENT AT, THIS WEB SITE AND RESERVES
THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
MOREOVER, iDayo, Inc. DOES NOT WARRANT THE ACCURACY, COMPLETENESS,
TIMELINESS OR OTHER CHARACTERISTICS OF ANY MATERIAL AVAILABLE ON
OR THROUGH OUR SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY
RESULTING DIRECTLY OR INDIRECTLY FROM OUR SERVICE, WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE OR BY CONTINGENCIES
BEYOND OUR CONTROL. NEITHER WE, NOR OUR SUPPLIERS, ARE RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED
BY USE OF OR RELIANCE ON OR INABILITY TO USE OR ACCESS ANY OF OUR
SERVICES, MATERIAL, CONTENT, INFORMATION, GOODS OR SERVICES.
YOUR ACCESS TO AND USE OF OUR SERVICE, IS AT YOUR SOLE RISK AND
ARE PROVIDED "AS IS," "AS AVAILABLE." THE SERVICE
IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. iDayo, Inc. DISCLAIMS ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILES AT THE WEB SITE.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO
THE SERVICE OR OTHERWISE, IS REPLACEMENT OF DEFECTIVE GOODS OR REPERFORMANCE
OF DEFECTIVE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, IN THOSE
JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT
OR SERVICE OFFERED THROUGH US OR OUR SERVICE. WE ARE NOT AND WILL
NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
10. INDEMNIFICATION
You agree to defend, indemnify and hold us, our employees, agents,
officers, directors, agents, contractors, suppliers and other representatives
harmless from and against all liabilities, damages, claims, actions,
costs and expenses (including attorneys' fees), in connection with
or arising from your breach of this Agreement and/or your use of
the Service. We may, if necessary, participate in the defense of
any claim or action and any negotiations for settlement. No settlement
which may adversely affect our rights or obligations shall be made
without our prior written approval. We reserve the right, at our
own expense and on notice to you, to assume exclusive defense and
control of any claim or action and then corresponding indemnification
obligation will end.
11. LINKS TO THIRD-PARTY SITES
This web site may contain hyperlinks to other web sites operated
by parties other than iDayo, Inc., and other resources and advertisers.
Such hyperlinks are provided for subscriber reference only. iDayo,
Inc. is not responsible for the availability of these external sites
nor is it responsible for any of the content, advertising, products,
or other materials on such external sites. iDayo, Inc.'s inclusion
of hyperlinks to such web sites does not imply any endorsement of
the material on such web sites or any association with their operators.
Under no circumstances shall iDayo, Inc. be held responsible or
liable, directly or indirectly, for any loss or damage caused or
alleged to have been caused in connection with the use of or reliance
on any content, goods, or services available on such external site.
Any concerns regarding any external link should be directed to its
respective site administrator or webmaster.
12. TERMINATION
We or you can terminate your subscription for any reason at any
time on 30 days prior notice. Termination is your sole right and
exclusive remedy if you are not satisfied with our Service. We can
terminate this Agreement, restrict or terminate your access to and
use of the Service immediately and without notice or liability,
if you breach this Agreement in any way, and it will not limit any
other rights available to us.
You can terminate your subscription by notifying our Customer Support
Department at 561-753-5998, or by sending your cancellation request
via electronic mail to Info@Idayo.com or by regular mail to iDayo,
Inc., 7040-25 Seminole-PW, #133, Loxahatchee, FL 33470. Attention:
Subscription Cancellation. Termination will take effect no later
than 30 days after we receive your notice. If your subscription
is terminated, you will not be entitled to any refund or credit.
Because logging in to the private subscriber area of this website
grants you immediate access to our trade secrets and all of our
current confidential stock selections, if you log in by clicking
“continue” you agree that you have received the value
and the access for which you paid your subscription fee, and that
no refunds will be given by iDayo, Inc. or requested by you. Our
refund policy allows for refunds only within three days after subscribing,
and only if you have not accessed the private subscriber area of
the website. If you access the above-mentioned information by logging
in, your visit will be recorded and time and date stamped, and you
will have accessed the confidential information for which you have
subscribed. Any delinquent or unpaid amounts must be paid in full
before you may re-register or re-subscribe to our Service. If your
right to use the Service terminates, you may not use the Service
without our express permission. You may not allow anyone else whose
subscription was terminated to use the Service through your subscription,
user name or password.
13. GOVERNING LAW, INTERPRETATION AND JURISDICTION
If any term of this Agreement is held invalid, illegal or unenforceable,
the remaining portions shall not be affected. The laws of the State
of Florida, excluding its conflicts-of-law rules, govern this Agreement,
your subscription and use of our Service. You must comply with all
laws, regulations, obligations and restrictions which apply to you.
You and we hereby irrevocably submit to the jurisdiction of any
Florida court or United States Federal court sitting in Palm Beach
County over any action or proceeding arising out of or relating
to this Agreement or any agreement contemplated hereby, and you
and we irrevocably agree that all claims in respect of such action
or proceeding may be heard and determined in such Florida or Federal
court. You and we further agree that any action or proceeding brought
against the other shall be brought only in Florida or United States
Federal courts sitting in Palm Beach County. YOU AND WE AGREE TO
WAIVE OUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION
BASED UPON OR ARISING OUT OF THIS AGREEMENT. This Agreement may
not be modified, except as described in this Agreement. No failure
or delay in enforcing any term, exercising any option or requiring
performance, shall be a waiver of that or any other right.
14. MODIFICATION OF THESE TERMS AND CONDITIONS
iDayo, Inc. shall have the right at any time to impose, change,
or modify the terms and conditions applicable to your use of this
Web site, or any part thereof, including, but not limited to, content,
hours of availability, and equipment needed to access or use, and/or
your use of the Web Site or any part thereof, or to impose new terms
and conditions. Such changes, modifications, additions, or deletions
shall be effective immediately upon posting on this Web site a revised
version of this Agreement. If any such change is unacceptable to
you, you may terminate your membership account as provided in this
Agreement. Any use of this Web site by you after such notice (other
than to terminate your subscription pursuant to the terms of this
Agreement) shall conclusively be deemed to constitute acceptance
by you of such changes, modifications, additions, or deletions.
You agree to review the terms and conditions periodically to be
aware of such revisions. You may also be subject to additional terms
and conditions imposed by third-party content providers in connection
with third-party content, software, or services.
15. COPYRIGHT AND LIMITATIONS ON USE
The information and content on this Web site are the property of
iDayo, Inc. or its licensors and are protected by copyright and
other applicable laws, treaties, and conventions. All rights reserved.
Information received through this Web site may be displayed, reformatted,
and printed for your own use only. You agree not to reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast, or circulate
the information obtained from this Web site to anyone, including
but not limited to others in the same company or organization, without
the express prior written consent of iDayo, Inc. iDayo, Inc. reserves
the right to republish any material contributed by you. By posting
a message, you expressly grant to iDayo, Inc. the royalty free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display any message posted
on the Web site (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or
later developed.
16. TRADEMARKS
iDayo, Inc. is a trademark of iDayo, Inc. iDayo Indicator is a registered
trademark of iDayo Investor, Inc. All other trademarks appearing
on this Web site are the property of their respective owners, including,
in some instances, iDayo, Inc.
17. EQUIPMENT
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use
of this Website, and you shall be responsible for all charges related
thereto.
18. FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure
or delay in the performance of its obligations hereunder (except
for the payment of money) on account of strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, acts of God, war,
governmental action, labor conditions, earthquakes, material shortages,
or any other cause beyond the reasonable control of such party.
19. MISCELLANEOUS
This Web site (excluding linked sites) is based in the United States
of America. It can be accessed from all 50 states, as well as from
other countries around the world. iDayo, Inc. makes no claims as
to whether access is legal by certain persons or in countries other
than the United States of America. If you access this Web site from
outside the United States of America, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
No waiver by you or us of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or
default. Sections 1 through 11, 13 through 16, and 19 shall survive
any expiration or termination of this Agreement. The section headings
used herein are for convenience only and shall not be given any
legal import.