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Terms and Conditions

Terms and Conditions for Using this Website

1. INTRODUCTION

The content, advertising and financial market information accessible through this website (http://www.SwingTiming.com), including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (the "Information") is provided by Wealthquest International, Inc., its affiliates, licensors and various third-party companies, and their respective officers, directors, members, managers, partners, employees, affiliates and agents (collectively "Wealthquest"). Your review or use of this information after accessing the website constitutes your acceptance of this Disclosure and User Agreement (the "Agreement").

The information provided by Wealthquest is for information purposes only and should not be used or construed as investment advice or as legal or tax advice to you, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any company or security by Wealthquest. You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by Wealthquest to you or constitute the formation of an investment advisory relationship, or any other client relationship. It is strongly recommended that you seek outside advice from a qualified financial advisor and tax professional. Wealthquest does not guaranty the suitability or potential value of any particular investment or information source. Wealthquest may invest or otherwise hold an interest in companies or securities discussed on this website. No information should be interpreted to state or imply that past results are an indication of future performance.

This Subscription and use of the affiliated Web site located at http://www.SwingTiming.com, collectively referred to as (the "Products") are offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Subscription and Web site constitutes your agreement to all such terms, conditions and notices.

The Products are for your personal and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site or your subscription product without specific permission, in writing, from Wealthquest International, Inc. However, you have our permission to provide a copy or link to a copy of any given issue to any given individual up to two times per year. Providing more than two issues per year to any given individual without our permission is a violation of domestic and international copyright laws.

If you elect to purchase subscription-based content/services and transmit to Wealthquest International, 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. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, or provide copies of our products to anyone including without limitation your co-workers (except to provide up to two copies of the products per year, as noted above). Any distribution by you of your account name and password may result in cancellation of your subscription without refund and may also result in additional charges based on unauthorized use. The above does not preclude any other remedy allowed by law for copyright violation.

2. MODIFICATION AND MONITORING OF WEBSITE

Wealthquest reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice to you. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. If you use this website after we post changes to the terms, you accept the changed terms. Wealthquest expressly reserves the right to monitor any and all use of this website.

3. LIMITS ON USE

The Information is the exclusive property of Wealthquest and is protected by applicable copyright and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of Wealthquest. Any rights not expressly granted herein are reserved by Wealthquest. You may not link other websites to this website without the express written permission of Wealthquest. You may download one temporary copy of the Information into one single computer's memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact. You may not allow others to use your user name or password to access or use this website. You agree to notify Wealthquest immediately if you become aware of any loss or theft of your password or any unauthorized use of your password.

4. DISCLAIMERS OF WARRANTIES AND LIABILITY

Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by Wealthquest or any persons creating or transmitting the Information. News stories reflect only the author's opinion and not that of Wealthquest.

YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WEALTHQUEST AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF WEALTHQUEST OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WEALTHQUEST OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

THE INFORMATION PUBLISHED BY WEALTHQUEST INTERNATIONAL, INC. IN ANY OF THEIR PUBLICATIONS, SOFTWARE, PRODUCTS, AND SERVICES, AND/OR ON ANY WEB SITE OWNED BY INDEPENDENT INVESTOR, INC. MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN.

WEALTHQUEST INTERNATIONAL, INC., AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AT ANY TIME. WEALTHQUEST INTERNATIONAL, INC., AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

WEALTHQUEST INTERNATIONAL, INC., AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL WEALTHQUEST INTERNATIONAL, INC., AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCTS OF WEALTHQUEST INTERNATIONAL, INC., AND/OR THEIR WEB SITE OR WITH THE DELAY OR INABILITY TO USE SUCH PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WEALTHQUEST INTERNATIONAL, INC,. OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

This site has links to other (third-party) internet sites which have not necessarily been screened or reviewed by Wealthquest and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by Wealthquest of the linked website. Wealthquest assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services. Wealthquest and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information. If you are dissatisfied with the Information, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Information.

5. SUBMISSIONS TO THIS SITE

Any information, ideas, suggestions, communications or the like sent to Wealthquest through this Website are and will be treated as non-confidential and non-proprietary. You acknowledge and agree that Wealthquest is entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted or posted by you for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation or attribution to the person sending or posting the submission. You represent and warrant the accuracy and originality of any submission communicated by you to Wealthquest and agree to indemnify and hold Wealthquest harmless from any claims or damages arising out of its accuracy, appropriateness and legality.

6. TERMINATION AND CANCELLATION

Wealthquest reserves the right to modify or terminate this site or any of these terms, and to terminate your access to this site, without notice at any time.

7. TRADEMARKS

All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization. This website is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.

8. JURISDICTIONAL ISSUES AND APPLICABLE LAW

This site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of this site is prohibited. Persons in respect of whom such prohibitions apply must not access this site.

This agreement is governed by the laws of Panama. You hereby consent to the exclusive jurisdiction and venue of courts in Panama in all disputes arising out of or relating to the use of the products and the Web site of Wealthquest International, Inc. Use of the Products, including the Web site of Wealthquest is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

9. TERMS OF SUBSCRIPTION AGREEMENT

If you apply for a subscription to Wealthquest for any of its publications (the "Reports"), these terms apply to your subscription. All of the other terms and conditions in this Disclosure and User Agreement also apply to your subscription so you should review the entire Disclosure and User Agreement before subscribing, including without limitation, the terms in section 1 providing that none of the information constitutes investment advice and that a subscription to a Report does not create an investment advisory relationship with Wealthquest. Wealthquest may change, suspend or discontinue any aspect or feature of a Report at any time without notice or liability. The content of the Reports are intended for your personal, non-commercial use and are subject to the restrictions set forth in section 3. All information, research, data and advice in the Reports are subject to the Disclaimers of Warranties and Liability in section 4. Wealthquest reserves the right to change subscription fees at any time, provided that your current subscription will be honored at the current rate for the remainder of that subscription period. You may terminate your subscription at any time by written notice via e-mail, letter or fax to Wealthquest, and Wealthquest will cease delivering the Reports to you. Subscription fees paid on a month-to-month basis are not refundable and you will not be entitled to a return of any subscription fees on any portion of the subscription not delivered. Your subscription to the Report is personal to you and may not be transferred to others without prior consent of Wealthquest . The Reports may not be copied, distributed or otherwise made available to other persons.

10. GENERAL

Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction, such provision shall be limited or severed and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Trades recommended in the products are not appropriate for all investors. Ours are general recommendations made without regard to their appropriateness for individual financial circumstances or the risk-tolerance of the user. Consult a financial professional before investing. There is substantial risk in all stock market investments. Check all information carefully before making an investment. Wealthquest make no guarantee as to the reliability or accuracy of the digested information, and the publisher is not responsible for any errors or omissions contained herein. It should not be assumed that recommendations made in the future will be profitable or will equal the past performance of the securities in these lists. Past results are not indicative of future performance. Officers and employees of Wealthquest International, Inc. may or may not own positions in securities described in any product.