AGREEMENT

The Wall Street Transcript “TWST”, provides a financial information service through its web Site, www.twst.com, said website is hereinafter referred to as “Site”. If you do not agree with any part of this Terms of Use/Disclaimer, you must immediately discontinue any and all use of the TWST site, products or services. This agreement is entered into by you and TWST whether you are a fee paying subscriber, free trial subscriber, free subscriber, fee paying member, free trial member, free member or any other type of user. You agree to be bound by the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Use/Disclaimer” as well as all applicable laws and regulations. By your execution of this Terms of Use/Disclaimer, as evidenced by clicking the “I Accept” button at the beginning or end of this Terms of Use/Disclaimer, or merely by your use of this site, you acknowledge that you have read and understood this Terms of Use/Disclaimer and agree to be legally bound by it. This Terms of Use/Disclaimer may be amended from time to time, without notice, and it is your responsibility to check for amendments. Your use of this Site constitutes your acceptance of and agreement to the then current version of this Terms of Use/Disclaimer.

ANNUAL PLAN: PAYMENT & AUTOMATIC RENEWAL

With the Annual Plan, you will be charged yearly, in advance. Your credit card will be charged on the date you subscribe. Your subscription will be automatically renewed and billed to your credit card on the yearly anniversary of your subscription date until the subscription is terminated. For example, if you subscribe on the 10th of February, your credit card will be charged on the 10th of February and the 10th of February of each year thereafter. The price of your subscription and the amount billed to your credit card will not be increased without your approval. You may cancel your subscription at any time by following the TWST cancellation policy below.

ANNUAL PLAN: REFUND & CANCELLATION

You may cancel your annual subscription at any time. To cancel, click the “Contact Us” link at the top of any page in the site. Then choose the “Cancel Subscription” subject from the dropdown. All charges to your credit card will terminate, within 3 business days after TWST receives your request for cancellation. Your subscription will remain active until the end of the annual period you have paid for. There will be no refunds on the yearly subscription.

QUARTERLY PLAN: PAYMENT & AUTOMATIC RENEWAL

With the Quarterly Plan, you will be charged Quarterly, in advance. Your credit card will be charged on the date you subscribe. Your subscription will be automatically renewed and billed to your credit card on the Quarterly anniversary of your subscription date until the subscription is terminated. For example, if you subscribe on the 10th of February, your credit card will be charged the 10th of February, the 10th of May and the 10th of each third month thereafter. The price of your subscription and the amount billed to your credit card will not be increased without your approval. You may cancel your subscription at any time by following the TWST cancellation policy below.

QUARTERLY PLAN: REFUND & CANCELLATION

You may cancel your quarterly subscription at any time. To cancel, click the “Contact Us” link at the top of any page in the site. Then click the “Cancel Subscription” subject from the dropdown. All charges to your credit card will terminate, within 3 business days after Wall Street Transcript receives your request for cancellation. Your subscription will remain active until the end of the Quarterly period you have paid for. There will be no refunds on the quarterly subscription.

MONTHLY PAYMENT OF ANNUAL PLAN OPTION: PAYMENT & AUTOMATIC RENEWAL

With the Monthly Payment Of Annual Plan, you will be charged monthly, in advance. Your credit card will be charged on the date you subscribe. Each Month for Twelve (12) Months your credit card will be charged on the anniversary date of your initial payment. For example, if you subscribe on the 10th of February, your credit card will be charged on the 10th of February and the 10th of each month thereafter. Your subscription will be automatically renewed and billed to your credit card on the annual anniversary of your subscription date until the subscription is terminated. The price of your subscription and the amount billed to your credit card will not be increased without your approval. You may cancel your subscription at any time by following the TWST cancellation policy below.

MONTHLY PAYMENT OF ANNUAL PLAN: REFUND & CANCELLATION

You may cancel your monthly subscription at any time. To cancel, click the “Contact Us” link at the top of any page in the site. Then click the “Cancel Subscription” subject from the dropdown. All charges to your credit card will terminate, within 3 business days after TWST receives your request for cancellation. Your subscription will remain active until the end of the annual period you have paid for. There will be no refunds on the annual subscription.

SUBSCRIPTION ACCESS, USE AND REQUIREMENTS

The use of your subscription is limited to you and the members of your household. You may access and use, download and/or print out one copy of materials or information, for your personal non-commercial use only, whether said materials or information are available on the Site or received from TWST in any other way. Modification of the materials or use of the materials for any other purpose is strictly prohibited.

As a subscriber, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not 1) use the Site in any way that will violate any international, national, state or local law or regulation 2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or 3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without prior written consent from TWST. You are solely responsible for protecting the confidentiality of your password and User I.D.. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a subscriber or member.

OTHER PAYMENT TERMS

You have 90 days from the date that your credit card is charged to notify TWST of any incorrect charges to your account. Charges to your account will be deemed final after expiration of the 90 day period.

If you are a subscriber and TWST raises prices for your subscription, you will be notified by email. If you do not agree to the new price for your subscription, your subscription will terminate at the end of the period you have paid for. The price of your subscription may not be increased without your approval.

TERMINATION

TWST may immediately terminate your subscription and all use related thereto upon the determination, in the sole discretion of TWST, that you have violated any part of this “Terms of Use/Disclaimer”. Said termination shall have the same effect as if you, the subscriber had cancelled your service. TWST also reserves the right to terminate any subscription and access related thereto, without cause, with 10 calendar days notice and a refund of all remaining days in your subscription period.

Risk Disclosure:

Any and all material provided on the Site is for general informational purposes only. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. TWST does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The securities mentioned on our Site may not be suitable for investors depending on their specific investment objectives and financial condition. Any information provided is for information purposes only, is not intended to be financial advice, is not financial advice or any other type of advice, is general in nature and not specific to you. Before using any TWST information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. You are responsible for your own investment research and investment decisions. There is a substantial amount of risk in trading securities, and the possibility exists that you can lose all, most or a portion of your capital. Your use of any TWST information is at your own risk and without recourse against TWST, its directors, officers, employees or content providers. The information provided by TWST, including but not limited to its opinion and analyses, is based on sources believed to be reliable but is not guaranteed, represented or warranted to be accurate or complete. Your subscription fee only grants to you the right to have access to our “subscriber only” indicators, commentaries or analysis.

Disclosure Policy:

TWST directors, officers, employees and content providers may hold positions in individual securities that are relevant to the Site. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site, have no obligation to notify subscribers in any way regarding said positions and shall have no liability to subscribers that relates in any way to said positions. Their affiliation or relationship to TWST or its subscribers shall in no way limit the positions they may hold or when they may hold them.
Disclaimers:

TWST is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. To the fullest extent permissible by law, TWST disclaims all warranties, express, implied or statutory, including, but not limited to, warranties for the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information, product or services provided on the Site or implied warranties of title, non-infringement, merchantability, freedom from libelous or privacy-invasive content and fitness for a particular purpose. Applicable law may preclude the exclusion of implied warranties, so the above exclusions may not apply to you. The Site, the materials and information on the Site, and any product or service available, obtained or accessed through the Site are provided “as is” and without representations or warranties of any kind, either express or implied. TWST does not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects or errors will be corrected, or that the Site or the server(s) on which the Site is hosted will be free of viruses or other harmful components. You assume complete responsibility and risk for your use of the Site and your reliance thereon. You acknowledge responsibility for obtaining and maintaining all telephone hardware and computer hardware, software, data, and equipment needed to access and use the Site, and all charges related thereto. No opinion or statement of TWST, whether made on the Site or otherwise, shall create any warranty of any kind. Your use of the Site and any materials provided by the Site are entirely at your own risk. TWST has no obligation to update information on the Site or advise on future developments regarding topics mentioned or introduced. In the event that the Site refers to or contains links to other Internet web sites or resources, we make no representation or warranty and hereby expressly deny that TWST has reviewed, approved, controls or endorses any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for any loss or damages caused or alleged to have been caused by the reliance on or use of any such content nor for the accuracy, legality, or inappropriate nature of any content, products, services, advertising, or information located in, on or through any other web sites.

Limitation of Liability:

TWST, its directors, officers, employees and content providers specifically disclaim any liability (whether based in contract, tort, strict liability, negligence, equity, statute law or any other legal theory) for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or in any way connected with transmission of confidential information, access to, lack of access to, unauthorized use or reproduction of, misuse of or use of the Site, information, emails, products or services (even if TWST has been advised of the possibility of such damages) including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively referred to as “Damages”). This includes, but is not limited to, lost profits or trading losses. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to TWST, its directors, officers, employees and content providers for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid-to-date by you, if any, to access the Site.

Indemnification:

You agree to indemnify, defend and hold TWST, its directors, officers, employees and content providers harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly from 1) your violation of any law with respect to our Site, products, services or content, 2) your breach of this Agreement or 3) your activities in connection with the Site or any services related to the Site.

GOVERNING LAW AND VENUE

Notwithstanding any conflict with the laws, ordinances or provisions or your domicile, residence or physical location, the interpretation, validity and effect of this Terms of Use/Disclaimer and any dispute or claim based on your use of the Site, its products, information or services, will be governed by the laws of the State of New York and any litigation, between Wall Street Transcript and any subscriber shall be exclusively heard in the courts of New York County, NY.

SEVERABILITY

Notwithstanding anything contained herein to the contrary, if any provision of these Terms of Use is determined to be unenforceable or invalid, said provision will be enforceable to the maximum extent permissible and the remaining provisions of these Terms of Use/Disclaimer will still be valid and enforceable.

QUESTIONS

If you have questions, please contact us using the form on the contact us page.

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