Terms of Use Agreement for Subscribers

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ABG Analytics and Consulting, LLC
ABG-Analytics.com Web Site and E-Mail Service
Terms of Use Agreement

We are willing to provide you (the Subscriber) with this Service (defined below) only if you agree the following terms:

1. ABG-ANALYTICS.COM is a web site and subscriber-based e-mail service (the "Service"), owned and operated by ABG ANALYTICS AND CONSULTING, LLC, a limited liability company organized in Washington DC, that provides the results of mechanical trading systems. These systems are based on historical price and volume data. The output of these systems (trading signals) are based on mathematical formulas, and no consideration is given to other fundamental economic or business factors that may affect the quality of a particular investment. Mechanical trading systems that performed well in the past and/or in testing may perform differently in the future, and such differences may be materially significant. The mechanical trading systems simulate hypothetical trading, not actual trading. Actual trading outcomes may differ materially from hypothetical trading. The Service does not provide investment advice. The Service makes no attempt to customize the information provided for any individual's financial circumstances.

2. All statements, expression of opinion, results, trading system signals, and references to specific securities on the web site and in the e-mails are not intended to be and should not be construed by you to be a solicitation or recommendation by the Service to buy, sell, or hold securities. References to specific security or securities do not constitute an offer, solicitation, or recommendation to buy or sell securities. Any opinions or ideas expressed are the opinions of, or interpretations of statistical information developed by, ABG ANALYTICS AND CONSULTING, LLC. ABG ANALYTICS AND CONSULTING, LLC and its affiliates are not registered investment advisors or broker dealers and no person using the information or analysis contained in this web site or the e-mail trading signals associated herewith shall be, or should consider himself or herself to be, a client of ABG ANALYTICS AND CONSULTING, LLC or otherwise owed any fiduciary duties by ABG ANALYTICS AND CONSULTING, LLC.

3. Subscriber acknowledges that the risk of loss of capital in trading stocks can be substantial. Individuals accessing this web site or subscribing to the e-mail trading signals associated herewith are responsible for their own investment decisions. Individuals trading stocks should do so in accordance with their own financial circumstances and tolerance for risk. Investors are encouraged to consider seeking professional investment advice prior to making any investment decisions based on the information or analysis contained in this web site or the E-mail trading signals associated herewith.

4. ABG ANALYTICS AND CONSULTING, LLC does not warrant or make any representation regarding the use of or the results of the use of the materials on this web site or associated e-mails in terms of their correctness, accuracy, reliability, profitability, or otherwise. Prices, market data, and calculations that are presented are from sources believed to be reliable, but ABG ANALYTICS AND CONSULTING, LLC makes no guarantee as to their accuracy, completeness, timeliness. You agree that the Service will not have any liability, contingent or otherwise, for the accuracy, completeness, timeliness, or correct sequencing of the information or for any decision or action taken by you in reliance on upon the information or the Services, or for interruption of any data, information, or any other aspect of the Service. To the extent that any implied warranties cannot be disclaimed under applicable law, any such implied warranties are limited in duration to thirty (30) days from the delivery date. The maximum aggregate liability of ABG ANALYTICS AND CONSULTING, LLC and its affiliates in connection with this Service shall not exceed the subscription fee paid by you for the use of the Service governed by this agreement.

5. You agree to indemnify and hold harmless ABG Analytics and Consulting, LLC and its affiliates from and against any and all claims, loss of income, loss of trading capital, damages, liability, costs and expenses (including but not limited to attorneys' fees) arising out of or related to the Service. This indemnification and hold harmless obligation will survive this Agreement and your use of this Service.

6. ABG ANALYTICS AND CONSULTING, LLC and its Affiliates may have positions in some of the stocks mentioned in this web site or in e-mails, and are under no obligation to disclose the amount of the position or when it was acquired. ABG ANALYTICS AND CONSULTING, LLC are under no obligation to make trades based on its trading systems. ABG ANALYTICS AND CONSULTING, LLC and its Affiliates may buy, sell, sell short, or own any security at any time, and are under no obligation to disclose its trading activities.

7. The Service reserves the right to cancel your subscription, with or without notice, for any reason whatsoever. If you are a subscriber, and the cancellation of your subscription is the decision of the Service your subscription fee, if any, will be refunded in proportion to the number of days to the end of the subscription after cancellation.

8. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit the information provided by the Service in any manner without the express written consent of the Service.

9. ABG ANALYTICS AND CONSULTING, LLC reserves the right at any time and from time to time to modify the Service with or without notice.

10. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

11. Subscriber assumes full responsibility for all trading decisions and any losses incurred.

Your completion of the subscription forms and use of this service indicate your acceptance of this agreement.

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