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TERM OF USE, CONDITIONS AND DISCLAIMER AGREEMENT BETWEEN HIGHLIGHT INVESTMENTS INC. AND THE USER -------------------------------------------- TERM OF USE By accessing and using any or all of the products, services, newsletters, research results, charts, internet web sites and web pages including but not limited to the following URL's signals.indexvolume.com, www.MarketVolume.com, www.Index-Day-Trading.com, www.Stock-Market-Sentiment.com, www.IndexVolume.com hereinafter referred to as the "Website", owned and operated by Highlight Investments Inc., the User agrees to be bound by these terms of use, conditions and disclaimer ("Terms of Use") and all applicable laws and regulations. If you, the User, do not agree with any part of these Terms of Use, you must immediately discontinue any use of the Website. These Terms of Use may change from time to time without notice and it is the User's responsibility to check for updates. By using this Website you, the User, are agreeing to be bound by the current version of these Terms of Use. The last revision date for these Terms of Use is set forth below. Any reference to Highlight Investments Inc. in these Terms of Use shall mean Highlight Investments Inc., Highlight Investments Group ©, and any of its associates or subsidiaries. -------------------------------------------- CONTENT/RESERVED RIGHTS Highlight Investments Inc. owns all rights to the intellectual property, underlying processing and analysis technology, and software incorporated and/or presented on any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc., including copyrights, and owns or has acquired the necessary permissions from content providers or suppliers, for all of the content, information, software, products and services provided in and on any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc., including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents and Information presented on the Website (collectively referred to as the "System"). In this context, "Information" is defined as and refers to the totality of all charts, quotes, trading signals, trading indicators, market analyses, commentaries, recommendations, tutorials, instructions, and any other data that could be qualified as trading information, presented on any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc. or distributed to subscribers via email from Highlight Investments Inc.). The System constitutes a confidential and valuable asset of Highlight Investments Inc. and is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The User may not use, reproduce, transfer, publish, disclose or sell the System or any of its components or content, except as provided for in this Agreement. 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The Information on this Website and provided from or through this Website in the form of e-mails and/or newsletters is general in nature and is not specific to you the User or anyone else. YOU SHOULD NOT MAKE ANY DECISION, FINANCIAL, INVESTMENTS, TRADING OR OTHERWISE, BASED ON ANY OF THE INFORMATION PRESENTED ON OR DELIVERED BY ANY OF THE PRODUCTS, SERVICES, INTERNET WEB SITES WITHOUT UNDERTAKING INDEPENDENT DUE DILIGENCE AND CONSULTATION WITH A PROFESSIONAL BROKER OR COMPETENT FINANCIAL ADVISOR. You agree that any and all use of the Information and Website which you make, is solely at your own risk and without any recourse whatsoever to Highlight Investments Inc., its associates, subsidiaries, partners or content Providers. You understand that you are using any and all Information, Forms and other resources available on or through this Website and received from or through this Website such as e-mails and/or newsletters AT YOUR OWN RISK. Highlight Investments Inc. makes no representations or warrantees, expressed or implied, as to the accuracy, completeness, or fitness for any purpose or use of the Information presented on the Website or made available from any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc. The Information may not in all cases be current and it is subject to continuous change. Accordingly, you should not rely on any of the Information as authoritative or substitute for the exercise of your own skill and judgment in making any investment or other decision. Highlight Investments Inc. does not warrant that the supply of Information will be uninterrupted, error free or not terminated altogether, and will not be liable for any direct, indirect, or consequential loss arising from any use of or reliance on the Information and its availability. The Information does not constitute or form part of an offer, subscription, recommendation or solicitation to buy or sell any securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all or to take up any services, nor should it be relied on in connection with any contract or commitment whatsoever. YOU ABSOLUTELY MUST MAKE YOUR OWN DECISION BEFORE ACTING ON ANY INFORMATION OBTAINED FROM THIS WEBSITE. PAST PERFORMANCE IS NOT NECESSARY AN INDICATION OF FUTURE PERFORMANCE. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Further, since the trades have not actually been executed, the results may have under-compensated or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. 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Anyone wishing to invest should seek his or her own independent financial or professional advice. -------------------------------------------- AUTO-TRADING AND SIGNALS Signals and email-alert services of Highlight Investments Inc. are not intended to be and do not constitute financial advice, investment advice, trading advice or any other advice or trading service whatsoever. YOU SHOULD NOT MAKE ANY DECISION, FINANCIAL, INVESTMENTS, TRADING OR OTHERWISE, BASED ON ANY OF THE INFORMATION PRESENTED ON OR DELIVERED BY ANY OF THE PRODUCTS or SERVICES OF HIGHLIGHT INVESTMENTS INC. You agree to hold Highlight Investments Inc. harmless for any losses whatsoever that you may incur. Should you base any trading decision on our signals, email- alerts or any other information from Highlight Investments Inc. you acknowledge that you were informed of and you agree as follows: - All the information you receive from Highlight Investments Inc. is provided for education and informational purposes only, You are solely responsible for interpreting the information provided by Highlight Investments Inc. - You are solely responsible for making all your trading, your order timing and your execution decisions. You use information from Highlight Investments Inc. for such investment and trading decisions at your own risk. - Highlight Investments Inc is not liable for any losses you may incur, nor it it responsible for any lost or winning trades regardless of investment vehicles or trades. 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Highlight Investments Inc. assumes no obligation to update the Information or advice regarding further developments concerning topics mentioned. The Website and the Information may be changed from time to time without notice. The Website may be unavailable from time to time or permanently for any reason whatsoever including but not limited to any maintenance interruption, telecommunications interruption or failure, hardware interruption or failure, software interruption or failure, business interruption or discontinuance, or any other interruptions, discontinuances or failures whatsoever. Highlight Investments Inc. is providing this Website and the Information on an "as is" basis and makes no representations or warranties of any kind whatsoever with respect to the System, the Website or the Information or with respect to the use or suitability of the System, the Website or the Information for any purpose. The Information may contain inaccuracies, typographical errors or other errors. 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Highlight Investments Inc. disclaims any liability for unauthorized use or reproduction of any portion of the System, the Information or the Website. -------------------------------------------- PRICING Highlight Investments Inc. reserves the right to change prices of it's products and services without notice. From time to time Highlight Investments Inc. will also hold promotions that may include price reductions on membership fees. Such price reductions will only be applicable to Users who sign up for membership during the time that such promotions are made available. Users who sign up before or after such promotions are not and will not be entitled to such promotional pricing. -------------------------------------------- THIRD PARTY PRODUCTS AND SERVICES Third party products and services may from time to time be delivered through Highlight Investments Inc. web site to subscribers who have requested and signed up for and access such Third party products, services and information through Highlight Investment Inc.'s web site but who may or may not be Highlight Investment Inc. Users and subscribers. It is agreed and understood that such Third party products, services and information are produced and owned by those Third parties, and are not produced, owned or provided by Highlight Investments Inc., and Highlight Investments Inc. disclaims any responsibility for them nor does Highlight Investments Inc. influence such Third parties or their products, services or information provided to users and subscribers. Highlight Investments Inc. makes no representations or warrantees whatsoever, expressed or implied, as to the accuracy, completeness, timeliness, appropriateness, suitability or fitness for any purpose or use of such Third party products, services and information, methods for payment, customer and technical support or web presence or any of their presentations or representations. The User agrees that Highlight Investments Inc. shall not be liable for such Third parties, their conduct or their products, services and information, and shall not be liable in any way for the use of such products, services and information by Users and subscribers, and the User holds Highlight Investments Inc. harmless in any dispute or claim whatsoever that the Users and subscriber may have related to such Third party, or such Third party's products, services and information.  Third party products and services are regulated by this Highlight Investments Inc. Terms and Conditions Agreement and may be additionally regulated by the terms and conditions agreements of such Third parties or other policies governing their products, services and information. It is a User's responsibility to read and be informed about the "terms and Conditions" and any other policies of such Third party products, services and information. Any questions related to such Third party products, services and information should be directed to the particular Third party. Third party products, services and information have no influence on Highlight Investments Inc. products or services including but not limited to its information, membership, product rates and prices. -------------------------------------------- LINKS This Website or any of the products, services, internet web sites owned and operated by Highlight Investments Inc. may contain links to other Internet sites. Such links are provided for reference only and were independently developed by parties other than Highlight Investments Inc. Highlight Investments Inc. is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by Highlight Investments Inc. Use of any such linked site is at the user's own risk. -------------------------------------------- NO ENDORSEMENT Reference to any third party information, product, process, or services at this Website or any linked site is not an expressed or implied endorsement by Highlight Investments Inc.. -------------------------------------------- SUBSCRIPTION BASED CONTENT Some contents and/or services on this Website or any of the products, services, internet web sites owned and operated by Highlight Investments Inc. may be offered to you, the User, conditioned on your payment of subscription fees. If you elect to purchase subscription-based content/services and transmit to Highlight Investments Inc. a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. You agree that these Terms of Use will apply to your subscription. You also agree to be bound by any additional terms of use, conditions and disclaimers that may be required by Highlight Investments Inc. or any content Providers from time to time. This Website or any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc. may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Highlight Investments Inc. makes every reasonable effort to minimize such downtime, Highlight Investments Inc. does not guarantee 100 percent availability of the Website. -------------------------------------------- WHEN YOU SUBSCRIBE TO ANY HIGHLIGHT INVESTMENTS INC. PRODUCTS OR SERVICES: We are not financial analysts, investment brokers or financial advisors. We expect you, the User, to know your own investment goals and to understand that a possession of fundamental trading abilities, or a desire to procure those abilities should prerequisite your signing up. All subsidiary websites of Highlight Investments Inc., shall under no circumstances be liable to any visitor, user, and/or any third party for any lost profits, lost opportunities, indirect, special, incident, consequential, punitive, or any other damages whatsoever. We assume no responsibility or liability for any inaccuracies, misstatements, errors, fabrications, contained within documents, data, materials, website pages, contained here within and associated pages, either through error or negligence. You, the User, agree to hold Highlight Investments Inc. harmless for any act resulting directly or indirectly from this Website or any of the products, services, internet web sites owned and operated by Highlight Investments Inc., its data, content, materials, associated pages and documents. Your subscription is personal to you, the User, and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use. Subscriber must promptly inform Highlight Investments Inc. of the following: Changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an email and password. Until we are notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the service. -------------------------------------------- PAYMENT All payments made to Highlight Investments Inc. are made through a third party service. Highlight Investments Inc. is not liable for any monies lost during the transaction process, non-payment issues or not declination of any credit card. Highlight Investments Inc. does not collect or store any credit card information and cannot be liable for any lost or stolen credit card numbers. Your name and email address will be made available to all parties to the sale, as required, to complete payment. All charges will appear as "Highlight Investments Inc." on your credit card statement. Any promotion, promotional rates, and any promotional offers expire as soon as a subscriber's account is deactivated as a result of nonpayment, declined payment, cancellation of service, or any other reason. -------------------------------------------- AUTOMATIC RENEWAL POLICY Payment for the appropriate services will be made by automatic credit card debit. SUBSCRIBERS WILL BE AUTOMATICALLY RENEWED FOR THE ORIGINAL TERM UPON EXPIRATION, unless Highlight Investments Inc. is notified via email 5 days prior to membership renewal date. Unless, and until this agreement is cancelled by email, Subscriber hereby authorizes Highlight Investments Inc. to charge Subscriber's credit card to pay for the ongoing cost of membership. -------------------------------------------- CANCELLATION POLICY Subscribers may, at any time and without cause, terminate their subscription to our services. The notice of termination must be sent by e-mail and must clearly indicate the name of the purchased product, the username, as well as the email address that was submitted at the time the product was purchased. Should you desire a confirmation of your cancellation, we also require a valid return email address. If you, the User, wish to cancel your subscription for any reason, you may do so through the Membership Services feature of this Website. Your request must be made 5 or more days in advance of your automatic payment, but there are no refunds of subscription fees previously paid. Highlight Investments Inc. provides stock market education and information services over the Internet. Given the specific nature of these services, cancellations or returns cannot be refunded, nor can products be exchanged. When a Subscriber requests termination, full or partial subscription fees are not refunded. Subscribers are liable for charges incurred by them until termination of service. Cancellation of service is not official until Subscriber receives email confirmation from Highlight Investments Inc. If Subscriber does not receive a cancellation confirmation within 48 hours of request (excluding weekends and holidays), Subscriber must re-submit the cancellation and verify that his/her email address is correct. Highlight Investments Inc. has the right to terminate at any time, and without cause, subscription or access to our services. -------------------------------------------- PRODUCT UPGRADE AND TRANSFER We do not charge a fee for product upgrades within the same product category. If you wish to switch product categories and transfer your account to a new product, your first payment will be the difference between your current membership rate and the rate for the new product, prorated according to the amount of time left until your next recurring payment. In addition, your account will be charged a $5 transfer fee. -------------------------------------------- REGULAR AND PROMOTIONAL PRICES Under regular prices we understand the prices for the product without any discount. Under promotional prices we understand an event when the product price is reduced. Highlight Investments Inc. reserves the right to change regular and promotional prices of it's products and services. Any promotional prices are valid only in the time scope defined by promotion and are not valid after the promotion is ended and cannot be used before the promotion starts. If a user did not use a promotional price during the period of time defined by promotion and signed up for a service at regular rates a user is not entitled for a promotion and Highlight Investments Inc. is not obligated to resign up or recalculate his payment at promotional rates. If a user entitled for a promotional upgrade a user cannot receive a refund/credit as a difference between regular and promotional price for the period a user used the product prior the upgrade. Promotional prices apply only to online subscriptions. Highlight Investments Inc. reserves the right to adjust payments received by mail through check or money order using promotional price rates, and such payments will be adjusted in accordance to regular prices as published at the time the check or money order was received. -------------------------------------------- CHARGEBACK POLICY Highlight Investments Inc. provides stock market informational services over the Internet. Given the specific nature of its services, customers cannot return or exchange products. The practice of claiming a refund or requesting a chargeback after having used any of our member services (i.e., gaining admittance our members' area to access members only content, such as charts, signals, market data, Market Outlook, email alerts, and any other associated information) is considered fraudulent. Customers seeking to resolve any billing errors are required to contact us via-email. The Customer agrees not to issue chargebacks for any credit card payments. A chargeback of payment for services rendered will result in an additional charge of $150. If you deny, dispute, or reclaim a valid charge, your address, email address, IP address and other information automatically be added to our "black list". Users on this list will no longer be able to purchase goods or services through us, or through any affiliated service. To avoid the above measures being taken against you, we encourage you to contact us first in case there are any outstanding issues with your membership or any problems with the billing of your account. -------------------------------------------- EMAIL SERVICE Some of our services involve the sending of emails to our subscribers. We provide email alerts as a free service, complimentary to the services offered on our websites. Our customers retain full responsibility for submitting a valid email address in order to receive any of our email services. We assume no responsibility or liability for undelivered, damaged, or late emails, whatever the reason it may be. Our email services are designed for educational purposes only! They should not be construed as trading advice of any kind. -------------------------------------------- CUSTOMER SERVICE Highlight Investments Inc. does not offer full customer support to non-paying members. When requesting customer support, we ask that our subscribers provide us with the following: Their username, the name of the purchased product, the exact email address that was submitted at the time the product was purchased. Should a subscriber refuse to provide the above information, Highlight Investments Inc. reserves the right to decline any product upgrades or downgrades, the termination of services, the purchase of other products, or the provision of customer support. Highlight Investments Inc.'s customer support requires 48 hours (two business days) to respond to enquiries. Highlight Investments Inc. will not respond to any threatening, insulting, or in any other way damaging emails. In cases where threatening, insulting, or in any other way detrimental emails are sent to our servers on a regular basis, Highlight Investments Inc. reserves the right to block a customer's email address. Highlight Investments Inc. is not responsible for any email that does not reach our support staff, whatever the reason may be. Highlight Investments Inc. immediately deletes emails that are suspected to contain viruses or pose any other security threat. Email replies provided by Highlight Investments Inc. in response to customer enquiries cannot be used as legal documents or contracts; email replies are provided for educational purposes only. For as long as it is kept in Company databases or archives, any correspondence sent to Highlight Investments Inc. becomes the sole property of the Company. -------------------------------------------- NO SOLICITATION No part of this Website shall be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on this Website may only be available in certain areas or jurisdictions. Any products or services mentioned on this Website are made available in accordance with local laws and only where they may be lawfully offered for sale. -------------------------------------------- CONFIDENTIALITY WARNING Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Highlight Investments Inc. will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you may make to any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc., through the Internet, or that you expressly or implicitly authorize Highlight Investments Inc. to make, or for any errors or any changes made to any transmitted information. -------------------------------------------- COMPUTER VIRUSES While efforts are made to ensure that the Information provided at this Website does not contain computer viruses, you, the User, should take reasonable and appropriate precautions to scan for computer viruses, and you, the User, should ensure that you have a complete and current back up of the applicable items of information contained on your computer system. -------------------------------------------- CONFORMANCE WITH LAW You, the User, agree that your use of this Website or any of the products, services, internet web sites owned and operated by Highlight Investments Inc. will not violate any applicable local, national ,or international law, including - but not limited to - any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You, the User, agree not to impersonate any person in your use of the any or all of the products, services, internet web sites owned and operated by Highlight Investments Inc., or the sending any email to an address listed on the Website. -------------------------------------------- SEVERABILITY If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will still be valid. -------------------------------------------- GOVERNING LAW The local laws applicable therein will govern as to the interpretation, validity and effect of these Terms of Use and as to any dispute or claim based on your use of the Website or the Information, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. IF YOU DO NOT AGREE TO BE BOUND BY THE ABOVE TERMS OF USE YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF ANY PRODUCTS, SERVICES, CHARTS, RESEARCH RESULTS, INTERNET WEB SITES AND WEB PAGES OWNED AND OPERATED BY HIGHLIGHT INVESTMENTS INC. Highlight Investment Group ©, Copyright 1997-2012 - All rights reserved - Highlight Investments Inc.