Please read these Terms of Use Agreement carefully before using Learning the Market services. This agreement describes your rights and responsibilities.

LearningTheMarket.com ("we," "us" or "LTM or LearningTheMarket") provides the website known as LearningTheMarket.com and other information, including LTM Trading Forum, email newsletters or ESP Trade Alerts subject to your compliance with the terms and conditions set forth in this Agreement. Collectively, your use of the website and other information, including email newsletters, shall be referred to as the "Services".

By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services. You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not access or use the Services. This Agreement is made between LearningTheMarket.com and you, the user and/or member of the Services ("you"). We reserve the right at any time to:

Change the terms and conditions of this Agreement; Change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or Change any fees or charges for use of the Services.

Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Services or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.

The Services provided are for general informational purposes only. None of the Services is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The Services should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.

When U.S. exchanges are open, stock and fund quotes are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.

Registration for Membership

To have access to the Services and LearningTheMarket.com, you must be or become a member. When and if you register to become a member, you agree to: provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and to maintain and update your information to keep it accurate, current, and complete.

You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to share, transfer or resell your use of or access to LearningTheMarket to any third party.

If you are a LearningTheMarket member, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us via electronic mail at MemberServices@LearningTheMarket.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Payment and Renewal

When you become a member of Learning the Market Trading Club, you understand that it is a membership that automatically renews itself indefinitely without action by the member on the anniversary day of your initial enrollment. Learning the Market will charge the membership fee to the credit card or bank account that was last used on the Site, at the then prevailing rate, and your membership will continue automatically.

Should your credit card fail to authorize, you will be notified via email immediately. The benefits of your membership will be suspended until payment is received provided payment is received within 25 days. If payment is not received within 25 days, any previous alerts you may have received will be purged from our database, and your membership will be cancelled.

An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member. Upon cancellation, the member loses access to the areas of the Site designated for members only and loses access to the member's data and other benefits.

A member may cancel at any time. However, please note that neither full nor pro-rated refunds will be given for the current month once membership has begun. Should you decide to cancel your subscription, please note that cancellation will take effect no later than 3 business days after we have received your notification of cancellation.

A Customer Service representative will arrange for all future renewal fees to be cancelled and your credit card will not be charged again. To cancel your membership please contact our Customer Service Team.

For contact information and hours of service click here.

Termination

Should you decide to terminate your memberships, you agree to pay all fees and charges incurred in connection with your account should there be any outstanding charges (including any applicable taxes) at the rates in effect when the charges were incurred.

You have 90 days from the date that any discrepancies in your statement or any invoice first appear to notify us; after that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Cancellation. You may cancel your subscription to LearningTheMarket by notifying our Billing Department via electronic mail at MemberServices@LearningTheMarket.com. There are no refunds on subscriptions. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.

This Agreement shall remain effective until terminated in accordance with its terms. LearningTheMarket.com. may terminate this Agreement, and/or your access to and use of the Services or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.

Privacy

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct

While using the Services you agree not to: Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Services;

Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; "Frame", "mirror" or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about Services visitors or members without their express consent; or Permit anyone else whose account or subscription was terminated to use any of the Services through your subscription, username or password.

While using the Services you agree to comply with all applicable laws, rules and regulations.

Submissions

Please note that, because we receive many emails and suggestions from our members, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

Services and Tools

Your use of certain Services may be governed by additional rules, which are available on LearningTheMarket.com or by hyperlink from other Sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.

Sweepstakes, Contests, and Games

Any sweepstakes, contests, and games that are accessible through the Services are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. Furthermore, your participation in such sweepstakes, contests or games constitutes your consent that your participation is not in violation of the rules of the state in which you reside.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by LearningTheMarket.com infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent via electronic mail to support@LearningTheMarket.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use

2009 LearningTheMarket.com All Rights Reserved. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Services, and download and/or print out only one copy of any materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.

LearningTheMarket.com is a trademark and/or service mark of LearningTheMarket.com.

All other trademarks, service marks, and logos used by LearningTheMarket are the trademarks, service marks, or logos of their respective owners. Jurisdictional Issues. The Services is solely directed to individuals residing in the United States. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites. LearningTheMarket.com may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Disclaimers

THE SERVICES, THE MATERIALS PROVIDED BY THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEARNINGTHEMARKET.COM AND ITS SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. LEARNINGTHEMARKET.COM AND ITS SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER ON WHICH LEARNINGTHEMARKET.COM, AND ITS AFFILIATED SITES, ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF LEARNINGTHEMARKET.COM OR ITS SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED BY THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

You acknowledge that email is not 100% reliable. There may be times where you do not receive an email communication from LearningTheMarket. You agree that the email service is provided as a convenience and that the primary source of the Services is the LearningTheMarket website. You agree that it is your responsibility, if you do not receive any expected email communication, to check any spam filters or folders and to access any LearningTheMarket information on the LearningTheMarket website, www.LearningTheMarket.com, and use your assigned username and password. LearningTheMarket is not responsible for your failure to receive any specific email communication.

A possibility exists that the Services could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to ensure the integrity of the Services, we make no guarantees as to the Services' completeness or correctness. In the event that such a situation arises, please contact us via electronic mail to MemberServices@LearningTheMarket.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.

Limitation of Liability

NEITHER LEARNINGTHEMARKET.COM NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT CONTAINED ON THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT CONTAINED WITHIN THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from Learning the Market regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Utah County, Utah.

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of Utah, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Utah County, Utah, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all 'LearningTheMarket's' policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.

Pricing Information: Current rates for our Services may be obtained via electronic mail at MemberServices@LearningTheMarket.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement. However, any future price increases will NEVER affect your current subscription rate.

Complaints should be directed to: MemeberServices@LearningTheMarket.com.

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