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1(a) I understand and agree that information provided in the newsletters and on the MarketFN.com website related to the State of The Markets service is distributed by Online Investment Services, LP. I also understand, acknowledge and agree that the information contained in this publication is provided by David Moenning and Ridge Publishing Co. Inc. The owner of Ridge Publishing Co. Inc., Mr. David Moenning, is also President and majority shareholder of Heritage Capital Management, Inc. (HCM) a Chicago-based money management firm. HCM is registered with the U.S. Securities and Exchange Commission as an investment adviser. HCM also serves as a sub-advisor to other investment advisory firms. Ridge Publishing Co. Inc. is a publisher and has not registered as an investment adviser. Neither HCM nor Ridge Publishing Co. Inc. is registered as a broker-dealer.
  (b) I have read and agree to the Dislcaimer provided on the web site which is hereby incorporated by reference. I agree that Online Investment Services, LP. (including its affiliated companies and subsidiaries), David Moenning, HCM and Ridge Publishing Co. Inc. (collectively, these entities referred to herein as "The Companies") provide various services, including those to which I am currently subscribing. I agree that The Companies do not provide recommendations to buy or sell stocks, stock options, or any other security or investment; that, except as provided in 1(a) above, The Companies are not comprised of stock brokers or investment advisors. All stocks and stock options listed in emails or on a related website(s) are for informational and evaluative purposes only; and The Companies reserve the right to change, alter or modify the information being presented at any time for any reason.

2. I understand that the information provided is believed by The Companies to be accurate, however, I also understand and agree that The Companies do not warrant the accuracy nor do The Companies make any claims or guarantees to its accuracy. I understand the risks of trading in the stock and options markets. I understand and agree that the information should only be used as a research tool and that I should always discuss and/or review my trading strategies with my stock broker or other professional. I understand and agree that I am being granted a non-exclusive, non-transferable limited license that my be revoked at any time. I understand that significant losses can occur when I enter the stock market.

3. The Companies shall not be responsible or subject to liability for the truth, accuracy, or otherwise for the information provided in the service or for errors, mistakes, or omissions therein or for any delays or interruptions of the service from or for whatever cause. I agree to indemnify, release, defend, and hold harmless The Companies, its members, employees, agents, representatives, affiliates, subsidiaries, successors and assigns (collectively, the "The Companies Indemnitees") from and against any and all claims, liabilities, losses, causes of actions, costs, lost profits, lost opportunities, indirect, special, incident, consequential, punitive, or any other damages whatsoever and expenses (including, without limitation, court costs and attorneys' fees) ("Losses") asserted against, resulting from, imposed upon or incurred by any of the The Companies Indemnitees as a result of, or arising out of this agreement and/or your use of the service. I further agree that in no event shall The Companies ever be liable for Losses or otherwise to me for an amount more than my paid subscription fees, and I hereby agree to such liability cap. This Terms of Access agreement shall be governed by and construed in accordance with the laws of the State of Colorado, except provisions of that law referring governance or construction to the laws of another jurisdiction. Any action arising out of this agreement or the rights and duties of the parties arising out of this agreement may be brought, if at all, only in the courts of the State of Colorado for Jefferson County or the U.S. District Court for Colorado and not in any other court and tribunal. I agree this paragraph constitutes a conspicuous legend.

4. I authorize Online Investment Services, LP. (via InvestBilling.com) to automatically charge my credit card the above stated fee thereafter until this agreement is canceled by either party at any time for any reason by providing the other party notice in writing (for example, by fax, mail or e-mail). The subscription period runs for 30, 60, 90, 120 or 365 consecutive days (as applicable). After the trial period, subscriptions are non-refundable. Notwithstanding anything else herein, the terms of paragraphs 1, 2, and 3 of the Terms of Access shall survive cancellation. In the event the fee is ever increased, Online Investment Services, LP. shall provide at least 30 days prior notice. Online Investment Services, LP. may receive updated credit card account information from the financial institution issuing my credit card. In the event sales, use or other taxes are ever determined to be due, I agree that I am responsible for paying any sales, use or such other taxes that may be imposed at any time whatsoever on this transaction. Local residents agree to pay applicable sales tax..

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