Last modified on February 26, 2012.

The Market 101

Terms & Conditions - Acceptable User Policy

THE MARKET 101 maintains this Web site as a service to our subscription holders and the businesses and organizations they represent (collectively, “customer”), subject to the following Terms and Conditions. By using Web sites owned and operated by The Market 101 you agree to the Terms and Conditions described herein.

This agreement represents the complete agreement and understanding between THEMARKET101.COM or PROFESSORSMETHODOLOGY.COM (hereinafter both referred to as THEMARKET101.COM) and the customer and supersedes any other written or oral agreement. THEMARKET101.COM may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered with or without prior notification.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS INTERNET WEB SITE (OUR “SITE”). WE MAY MODIFY THE TERMS AND CONDITIONS FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.

If you do not agree to these terms and conditions, please notify our Billing Department (billing@themarket101.com) so we can initiate a closure of your account. Use of your account shall constitute your approval. We reserve the right to refuse service to anyone.

Description of Service

THEMARKET101.COM website is directed toward customers who have participated in a group investment education course through the University of North Florida continuing education evening program. The website provides customers information to assist them in trading in the stock market in conjunction with the information they learned in class.

The term 'The Professor' may be used throughout THEMARKET101.COM in written or other forms. It is not meant to be indicative of any specific certificate, degree or level of specific intellectual approval or knowledge level. It is used solely as a moniker within THEMARKET101.COM.

Information provided throughout THEMARKET101.com may be based in whole or in part on 'The Professor's Methodology', 'The Professor's One Minute Guide to Stock Management' or 'The Professor's Positioning Trading Methodology' seminars and courses.

Disclaimers

1. All of the information including but not limited to commentary, attachments and charts in THEMARKET101.COM are opinions of the author's, subject to change, and provided for educational purposes only. Nothing in THEMARKET101.COM should be considered as trading advice or recommendations.

2. All content of material whether expressed or implied by title is provided at the sole discretion of THEMARKET101.COM.

3. THEMARKET101.COM reserves the right to add, remove, cancel or modify any and all commentary, charts, list and information of any type provided currently or in the future within its sole discretion without notice.

4. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given or in any manner endorsed by THEMARKET101.COM. or any of its affiliates. Past performance, whether actual or indicated by historical tests of strategies, is no guarantee of future performance or success. Trading stocks is risky. Past performance is not indicative of future results. Always understand the RISK before you trade. All investments involve risks including loss of principal invested.

5. Any specific security or types of securities, used as examples are for demonstration purposes only. None of the information provided should be considered a recommendation or solicitation to invest in, or liquidate, a particular security or type of security.

6. Testimonials may not be representative of the experience of others and are no guarantee of future performance or success.

7. THEMARKET101.COM makes no warranties of any kind, whether expressed or implied, for the service it is providing. THEMARKET101.COM DISCLAIMS ANY WARRANT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Because some states do not allow this exclusion the above limitations may not apply to you.

8. BY ACCESSING THE INFORMATION CONTAINED IN THIS SITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE LEGAL CONSEQUENCES OF USING THAT INFORMATION. THEMARKET101.COM will not be responsible for damages the customer suffers. This includes financial loss, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

Your Registration Obligation

A subscription to THEMARKET101.COM is required for access to various features on the Web site. In consideration of your use of the Service and all rights available to customers, you agree to provide true, accurate, current and complete information about yourself and/or your company as prompted by the site’s registration form(s). Furthermore, you agree to maintain and promptly update your customer data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or THEMARKET101.COM has reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, THEMARKET101.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Privacy Policy

Customer registration data and certain other information about you is subject to our Privacy Policy, available at www.themarket101.com.

Member Account, Password and Security

You will receive a user name and password upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password and account, including modifying your member or service information, postings to discussion forums, and all other actions. You agree to immediately notify THEMARKET101.COM of any unauthorized used of your password or account or any other breach of security. THEMARKET101.COM has provided a “Log Out” link to facilitate your exit from your account at the end of each session. THEMARKET101.COM cannot and will not be held liable for any loss arising from your failure to comply with this responsibility.

Customer Conduct

1. Services provided to the Customer by THEMARKET101.COM may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. You agree to not use THEMARKET101.COM to:

1. Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, torturous, pornographic, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a THEMARKET101.COM official, customer, local advisor or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Collect or store personal data about other users;
7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through THEMARKET101.COM;

2. Information provided to the Customer by THEMARKET101.COM is for the exclusive private use of the specific customer. Customer may not copy, send, distribute or otherwise share by any means the information provided under this subscription to any person, publication or entity (this includes but is not limited to friends, co-workers and family members who are not customers of THEMARKET101.COM) electronically, written, verbally or in any other form.

3. Customer agrees to defend, hold harmless and expeditiously indemnify THEMARKET101.COM from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

4. THEMARKET101.COM accounts cannot be transferred or used by anyone other than the customer. Customers may not sell, lease, rent or assign accounts to any party not named in this Policy. The customer may not use the THEMARKET101.COM or the information provided for commercial activities.

5. Within the first 30 days as a first time THEMARKET101.COM customer, if for any reason a customer is not completely satisfied with our services and the customer tells us he/she is not satisfied, we will cancel his/her account and refund his/her money for any remaining full months pro-rata basis.

6. Customer agrees not to utilize the THEMARKET101.COM service, equipment or email address in connection with the transmission of the same or substantially similar information to others. Violating this clause may result in service interruption or account cancellation.

7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

8. THEMARKET101.COM requires that its agreements be made with a person who is qualified to enter into a legal contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. THEMARKET101.COM cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.

9. Customer shall ensure that its use of THEMARKET101.COM's network services shall not disrupt THEMARKET101.COM, its associated networks or equipment forming part of the systems.

10. On occasion, THEMARKET101.COM may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the system. It is the responsibility of the customer to check email sent to the primary contact email address on the account.

11. It is the responsibility of the customer to contact THEMARKET101.COM of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

Site Maintenance

THEMARKET101.COM has designated a 2 hour block of time for NORMAL Site Maintenance. This will take care of normal maintenance and also provide access for minor enhancements and other like operations. Should a longer period of time be anticipated appropriate notice will be given under normal circumstances. The site will only be down for the period of time necessary and NOT the whole 2 hour block if not required.

A special screen will be displayed at the time so that everyone attempting to access the site will understand why it is not available.

The period from 9 PM to 11 PM EST/EDT every Sunday evening will be allocated for maintenance as needed.

Links

THEMARKET101.COM web site may contain links to third party web sites, which may or may not be operated in conjunction with THEMARKET101.COM web site. We do not monitor or control the "click through" links to these web sites. We encourage our users to be aware when they leave our site that THEMARKET101.COM is not responsible for any information, actions or agreements that occur with these 'click through' links.

Use of other organizations' networks or computing resources is subject to the other organizations’ respective permission and usage policies.

Cancellation or Termination of Account

1. THEMARKET101.COM reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the customer on the remaining full months pro-rata basis. If a customer re-registers after THEMARKET101.COM's cancellation of the account without THEMARKET101.COM's written consent, THEMARKET101.COM may cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

2. You must notify THEMARKET101.COM (email billing@themarket101.com) to formally cancel your account with THEMARKET101.COM to avoid further charges. If you do not notify us we will automatically renew your account for the next billing cycle - two weeks before the account expiration date. Orders or requests received for previously cancelled accounts will not be processed and accounts will not be activated. Credit card or PayPal charge backs will result in automatic cancellation and deletion of the customer's account from our servers. A $15 re-activation fee will apply to all suspended accounts due to non-payments of due fees.

3. Violation of any terms of this agreement may result in immediate termination of the subscription by THEMARKET101.COM. Any remaining paid up fees may or may not be returned at the discretion of THEMARKET101.COM.

Applicable Laws

By use of this web site, you agree that the laws of the State of Florida shall apply to this agreement and that any disputes related thereto shall be adjudicated in the appropriate state and federal courts of Duval County, Florida.

IF YOU ARE DISSATISFIED WITH THE SUBSCRIPTION TERMS AND CONDITIONS OR IF THEMARKET101.COM FAILS TO ABIDE BY THE SUBSCRIPTION TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES PROVIDED BY THEMARKET101.COM. THEMARKET101.COM WILL NOT PAY YOU ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE THE RESULT OF THE NEGLIGENCE OF THEMARKET101.COM.