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 not a broker, money manager, 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 (d) 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; or (d) 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, or derived from information or material on 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: (a) assume all responsibility and liability associated with such use; and (b) 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 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. You may terminate your subscription at the end of any subscription period for which you are obligated. If your subscription renews automatically at the end of each period, terminating your agreement will ensure that your subscription is not automatically renewed at the end of the current period. 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 Support@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. You agree that if you subscribed for a period longer than the minimum period, the discount you received by subscribing for the longer period was a fair exchange for obligating you to the longer subscription period. 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 or 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, iDayo Stock Selector, iDayo Stock and Options Selector, iDayo Indicator and iDayo, Inc. are trademarks of iDayo, 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, electrical or internet outages, 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.