Subscriber Responsabilites

DATA, SOFTWARE AND SERVICES AGREEMENT

BETWEEN INTERCEPTOR TRADING, INC, AND SUBSCRIBER

 

PLEASE READ THIS CAREFULLY. This DATA, SOFTWARE AND SERVICES AGREEMENT (the “ITAS Agreement”) is made between Interceptor Trading, Inc., a Delaware corporation (the “Company”, “We”, “Us”, “INTERCEPTOR”) and you, the user and/or member (“SUBSCRIBER” or “you”), hereinafter (the “ITAS Agreement”). This ITAS Agreement, along with Disclaimers and Usage Suggestions; and Privacy Policy (the “Agreement Addenda”) are hereby incorporated by reference herein and made effective as of the date of SUBSCRIBER’S entry into this ITAS Agreement indicated on the signature page to follow.

 

We are primarily a data provider that operates a large data pool analytics program. We manage this program using proprietary tools and formulas that we designed and built to filter market data and price action information through an extensive series of algorithms. Our daily reports are the result of our analytics program we refer to as ITAS.

 

By subscribing to the use of the Company’s software and services, as defined herein, and completing the I AGREE segment at the end of this ITAS Agreement, SUBSCRIBER is agreeing to be legally bound by the terms of this ITAS Agreement and Agreement Addenda. SUBSCRIBER understands and agrees that this ITAS Agreement has the binding legal force and effect of a contract signed in ink and delivered in person and SUBSCRIBER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS ITAS AGREEMENT. This ITAS Agreement is applicable for all released versions of the software and/or services including beta versions.

 

When you access, use, our software or browse any of our websites or subscription services, you’re agreeing to the following Terms and Conditions. If you don’t agree with the Terms, you may not use our software or services. By filling out the form and checking the box at the end of this ITAS Agreement, you expressly affirm that you have read such disclosure, acknowledge such disclosure and agree to such Terms and Conditions, in part and taken altogether with entirety of the Terms and Conditions of this ITAS Agreement.

 

INTERCEPTOR owns and operates the Interceptor Trading Alert System (ITAS), and related websites including, but not limited to www.interceptortrading.com, and provides:

 

  • proprietary data and information on its websites (the DATA),
  • access to the DATA, use of certain tools on its websites (the SOFTWARE), and
  • digital publications; newsletters and publishing platforms (the PUBLICATIONS),

 

which taken individually and/or collectively are defined as the SERVICES. Your agreement, understanding and acknowledgement of these Terms and Conditions as well as the Agreement Addenda (Disclaimers and Usage Suggestion; and Privacy Policy), govern all aspects of your use of the SERVICES. A confirmation of receipt of your acceptance of the Terms and Conditions of use will be sent to your email address that you provide at the time of registration. If your email or any part of your registration is not verifiable, or is fake or is a computer bot, your Subscription will be denied, you will not be charged for the SERVICES, and you will not have access to the SERVICES.

 

The ITAS websites are not trading execution platforms or order execution systems. We do not, will not, and cannot manage your investments, on-line or off-line. We do not, nor will not offer any investment advice.

SERVICES Provided

The DATA, SOFTWARE, PUBLICATIONS and SERVICES are primarily based upon market data information, candlestick chart analytics, long standing mathematical formulas, statistical models, technical indicators, underlying price action, and data filtering.

 

The ITAS websites are not trading execution platforms or order execution systems. We do not, will not, and cannot manage your investments, on-line or off-line. We do not, nor will not offer any investment advice.

 

Furthermore, the SERVICES provided through the websites known as www.interceptortrading.com, or other information, include, but are not limited to email newsletters, video updates, special offerings, and suggestions and results regarding our own proprietary ITAS portfolio models (collectively,  the SERVICES), should not be construed as “investment advice” and is not “investment advice”.

 

None of the SERVICES is intended as investment, tax, accounting, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The SERVICES should not be relied upon for purposes of effectuating transactions in securities or making investments. We cannot and do not assess or guarantee the suitability or profitability of any investment opportunity that could arise from the SUBSCRIBER’S use of the SERVICES, or the potential value of any investment opportunity for that matter. You bear responsibility for your own investment research and decisions, and by using the SERVICES we provide, you understand the risks associated with the use of the data we provide.

 

As a courtesy, we offer suggestions that are patterned after certain disciplines, proprietary models, and practices we utilize in assembling ITAS portfolio module(s). These ITAS portfolio module(s) are made up of a pool of underlying securities and tradeable instruments in certain asset classes. From time to time, we will post our own internal results for ITAS portfolio module(s), derived from our certain disciplines, proprietary models, and practices.

 

While we offer suggestions regarding the SERVICES and the use thereof, it is completely your discretion as to how to use the SERVICES and data we provide you, and for your personal use only.

 

Past performance is no guarantee, nor is it indicative of future results. It could be some time before you see actual results from the use of the SERVICES.

Disclaimers and Usage Suggestions

Our policy with respect to managing your risk, usage suggestions and the collection and use of your personal information is set forth in our Disclaimers and Usage Suggestions.

As-Is Information

The SERVICES, the materials provided by the SERVICES, and any product or service obtained or accessed through the SERVICES are provided as is and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, INTERCEPTOR and ITAS suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

 

INTERCEPTOR and ITAS suppliers, agents and sponsors do not warrant that your use of the SERVICES will be uninterrupted, error free, or secure, that defects will be corrected, or that the SERVICES or the server on which www.interceptortrading.com, and/or ITAS affiliated sites, are hosted are free of viruses or other harmful components.

 

  • You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the SERVICES, and all charges related thereto.
  • You assume total responsibility and risk for your use of the SERVICES and your reliance thereon.
  • No opinion, advice, or statement of INTERCEPTOR or ITAS suppliers, agents, members, or visitors, whether made through the SERVICES or otherwise, shall create any warranty.
  • Your use of the SERVICES and materials provided by the SERVICES are entirely at your own risk.
  • You acknowledge that the internet and email are not 100% reliable. There may be times where you do not receive an email communication from us.

 

SUBSCRIBER agrees that the email service is provided as a convenience and that the primary source of the SERVICES is the websites that provide SUBSCRIBER access to the SERVICES.

SUBSCRIBER agrees that it is your responsibility, if you do not receive any expected email communication, to check any spam filters or folders and to access any ITAS information on the ITAS website www.interceptortrading.com, use your assigned username and password.

 

INTERCEPTOR is not responsible for your failure to receive any specific email communication, access the website or view any videos published on the website.

 

A possibility exists that the SERVICES could include inaccuracies or errors, or materials that violate these Terms of Service (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the SERVICES.

 

Although we attempt to ensure the integrity of the SERVICES, we make no guarantees as to the SERVICES’ completeness or correctness. In the event that such a situation arises, please contact us via electronic mail to [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you.

 

We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on Claims of Copyright Infringement above.

Data and Information Provided by INTERCEPTOR:

Information provided by INTERCEPTOR and contained in this email and other emails from us and contained on websites maintained by INTERCEPTOR are provided for educational and informational  purposes only. Nothing contained therein and therefrom the information provided by Interceptor to SUBSCRIBER and the general public is an offer or a recommendation to buy or sell any security, options, derivatives, futures contracts, cryptocurrency or any other asset class. INTERCEPTOR is neither a registered investment adviser nor a broker-dealer and does not provide customized or personalized recommendations. None of the information or data, or  email newsletters, video updates, special offerings, and suggestions and results regarding our own proprietary ITAS portfolio models should be deemed to be one-on-one coaching or constitute personal advice. Nor does it take into consideration, and is not based on the unique or specific needs, objectives or financial circumstances of any SUBSCRIBER, and is solely intended for informational and educational purposes only.

Disclaimer on Securities Positions Held by INTERCEPTOR:

INTERCEPTOR and/or its affiliates may hold a position in any security, options, derivatives, futures contracts, cryptocurrency or any other asset class mentioned in the information and data provided through the SERVICES.

New Position Information is Provided in the ITAS Simulator as Follows:

  • BUY signal is a new position alert.
  • SELL signal is meant ONLY for an existing ITAS long position and is NOT a new signal to SHORT.
  • SHORT signal is a new position alert.
  • COVER signal is meant ONLY for an existing ITAS short position and is NOT a new signal to Buy.

Other Suggestions and Disclosures:

  • The SERVICES does not provide real time data during market hours.
  • Using the suggested quantity of shares for each position derived from the ITAS Simulator, your execution price will produce a cost per trade that could be (a.) equal to; (b.) more; or (c.) less than the entered maximum amount of capital allocated per position.
  • Using a fixed maximum amount of capital allocated per position (as indicated by your entry in the ITAS Simulator), your execution price for each trade will produce a quantity of shares that could be (a.) equal to; (b.) more; or (c.) less than the simulated shares derived from our alert price and system.
  • The SERVICES screening results are derived from data compiled during stock market trading days (“Trading Days”), except on days where the stock market is closed for the observance of holidays or any other market closing event or events (“ITAS Data”).
  • ITAS Data will be made available for publication to the SUBSCRIBER, after the market close.
  • Barring force majeur or other uncontrollable technical difficulties, ITAS Data from each Trading Day should be made available to the SUBSCRIBER for the first time, on or about, between 6:00 pm and 9:00 pm EST after the market close on the Trading Day.
  • ITAS Data from each Trading Day will be available to the SUBSCRIBER until it is replaced with new ITAS Data available after the close of the next Trading Day.
  • While SUBSCRIBER is free to allocate any amount of funds for use with the SERVICES, due to certain industry restrictions, rules, regulations, and brokerage firm-based limitations on active trading, we believe the ideal trading account should have a minimum of $25,000 to use ITAS and the SERVICES effectively.
  • Additionally, cash settlement rules established by the Securities Exchange Commission require that “cash proceeds” from any transaction must “settle”, which means you can’t use the cash for two days after the transaction date.

Important Note: If you have excess available cash in your account prior to settlement, you should not experience any interruptions in the performance and disciple of using ITAS.

Its possible that you can apply less than $25,000 to use ITAS and the SERVICES. However, you may encounter certain restrictions governing your account. Please confer with your brokerage firm for additional details as you may fall under the definition of a pattern day trader (PDT). Additionally, if you emulate our system, you could fall into the definition of a Pattern Day Trader. Please consult your advisors for more information on your requirements.

 

Please read the Agreement Between Interceptor Trading, Inc. and Subscriber carefully before using The ITAS Subscription. Also, please review the Subscriber Responsibilities document and our Privacy Policy, upon effectuating your ITAS Subscription.

Limitations of Use

Once SUBSCRIBER is registered as a paid SUBSCRIBER to use the SERVICES, SUBSCRIBER will only use the information provided by us and the SERVICES for SUBSCRIBER’S own, and exclusive purposes. SUBSCRIBER must adhere to the terms of service and shall not violate any one or more of the SUBSCRIBER limitations of use defined herein (Limitations of Use). Any violation of the terms of service under this ITAS Agreement will result in an immediate termination of the SERVICES.

 

By accepting the Terms and Conditions associated with the SERVICES we provide, the SUBSCRIBER and user of the information provided agrees that all information contained in the newsletter, subscription and daily alerts provided by the SERVICES and related thereto are confidential communications between INTERCEPTOR and the SUBSCRIBER, and will not be redistributed or used by the SUBSCRIBER to any third party or for commercial or competitive purposes whatsoever, including but not limited to establishing any competition, and only used for SUBSCRIBER’s sole investment related purposes.

 

By using the SERVICES, SUBSCRIBER agrees to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the SERVICES. You must be at least 18 years of age to use the SERVICES. If you are not at least 18 years old, you may not access or use the SERVICES.

SUBSCRIBER agrees that SUBSCRIBER will not use the SERVICES, including ITAS for the:

  • unauthorized peer to peer sharing;
  • unauthorized third party sharing;
  • unauthorized use of multiple user log-ins to the SERVICES, or multiple IP address usage;
  • unauthorized resale, commercial use or use in competition against INTERCEPTOR;
  • unauthorized direct or indirect use in hedge fund related account management; and
  • unauthorized use in any investment advisory services, including but not limited to registered investment advisory (RIA); or fee managed based brokerage or fund managed services.

The SERVICES are owned and operated by us in conjunction with others pursuant to contractual arrangements.

  • You may only access and use the materials on the SERVICES, and download and/or print out only one copy of any materials on the SERVICES, solely for your personal use.
  • You may not republish, upload, post, transmit or distribute materials from the SERVICES in any way, without our prior written permission.
  • Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
  • You acknowledge that you do not acquire any ownership rights by using the SERVICES.

 

The Power of 32™ is a trademark and/or service mark of INTERCEPTOR. Interceptor Trading™ is a trademark and/or service mark of INTERCEPTOR.  All other trademarks, service marks, and logos used by INTERCEPTOR, the SERVICES are the trademarks, service marks, or logos of INTERCEPTOR and/or their respective owners.

Modifications

We reserve the right at any time to:

  • Change the Terms and Conditions of this ITAS Agreement;
  • Change the SERVICES, including eliminating or discontinuing any content on or feature of any of the SERVICES; or
  • Change any fees or charges for use of the SERVICES.

 

Any changes we make will be effective seven (7) days after giving notice to SUBSCRIBER of such change or changes to the Terms and Conditions or SERVICES. Notice may be done by any means including, without limitation, posting on ITAS or related websites, or via electronic mail. Your use of the SERVICES after such notice will be deemed acceptance of such changes. Be sure to review this ITAS Agreement periodically to ensure familiarity with the most current version. Upon our request, SUBSCRIBER agrees to sign a non-electronic version of this ITAS Agreement.

First Month Thirty (30) Day Trial – Initial Subscription Period and Renewal Period

After your thirty (30) day trial (the “Initial Subscription Period”), you may cancel prior to the end of your next billing cycle, without any penalty or further obligation. The next billing cycle starts on the first day following the Initial Subscription Period.

 

There are no refunds on months already in use. After the Initial Subscription period, all future billing will be on a thirty (30) day cycle and payment will be drawn on the first day following each thirty (30) day renewal cycle (the “Renewal Period”). Your credit card or payment method on file will be billed for each ensuing month of service.

 

If you wish to cancel your subscription prior to the Renewal Period, please do so by cancelling your subscription renewal in the billing section of your account profile.

Renewals and Cancellations

As a monthly SUBSCRIBER, you agree that your credit card will be charged the monthly subscription fee in effect on the date the charge is made. There are no refunds for any renewals billed on the Renewal Period.

 

Again, if you wish to cancel your subscription prior to the Renewal Period, please do so by cancelling your subscription renewal in the billing section of your account profile.

 

If SUBSCRIBER cancels and does not renew their subscription, you may re-start your subscription at anytime in the future, up to one (1) year of inactivity and use the same login and password credentials to renew your subscription after cancellation. After one (1) year of inactivity, your account will be put into archive and you will need to open a new account thereafter.

Cost of Subscription

Your Initial Subscription Period is an introductory offer for the use of the SERVICES provided by INTERCEPTOR and is being made for the non-refundable, introductory price of thirty dollars ($30.00). Payment for the Initial Subscription Period may be made payable by major credit card, PayPal or other electronic transfer of funds available through Stripe. Stripe is a payment service provider that can accept credit cards, mobile wallets, in more than 135 currencies.

 

Unless otherwise cancelled by the SUBSCRIBER pursuant to cancellation provisions contained herein this ITAS Agreement, the SERVICES will automatically renew every month, on the billing date of each Renewal Period the first day following each thirty (30) day renewal period. The current renewal price for the SERVICES access of use to one (1) ITAS portfolio module is one hundred and forty-nine dollars (USD $149.00), and, in the absence of the receipt a written Notice of Cancellation by INTERCEPTOR, the Subscriber’s Payment Method will be charged this amount, plus all applicable sale tax subject to the SUBSCRIBER’s jurisdiction and tax rates charged by SUBSCRIBER’s jurisdiction for each ensuing thirty (30) day Renewal Period.

Termination

This ITAS Agreement shall remain effective until terminated in accordance with ITAS terms. INTERCEPTOR may terminate this ITAS Agreement, and/or your access to and use of the SERVICES or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this ITAS Agreement.

 

If the subscription is terminated for cause, you will not receive a refund of any consideration paid for the subscription.

Conflicts and Disclosure Policy

We do not permit any employee or officer of INTERCEPTOR to hold positions in any of the ITAS portfolio modules that are offered for subscription.

 

Privacy

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct

While using the SERVICES SUBSCRIBER agrees not to:

 

  • Restrict or inhibit any other visitor or member from using the SERVICES, including, without limitation, by means of hacking or cracking or defacing any portion of any of the SERVICES;
  • Use the SERVICES for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a.) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b.) any material, nonpublic information about companies without the authorization to do so; (c.) any trade secret of any third party; or (d.) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the SERVICES;
  • Remove any copyright, trademark, or other proprietary rights notices contained in the SERVICES; Frame, mirror or link to any part of the SERVICES without our prior written authorization;
  • Use any robot, spider, SERVICES search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the SERVICES or ITAS content;
  • Harvest or collect information about SERVICES visitors or members without their express consent; copy, download or rebroadcast any video files made available as part of the SERVICES or permit anyone else not residing in SUBSCRIBER’s household to use any of the SERVICES through your subscription, username, or password; and
  • While using the SERVICES SUBSCRIBER agrees to comply with all applicable laws, rules and regulations.

Civil Decorum

In consideration of SUBSCRIBER’S access to and use of our services as defined herein, we require SUBSCRIBER to maintain civil decorum, refrain from the unauthorized use of the Company’s SERVICES, images, logos, trademarks, patents, trade secrets, and corporate identity. SUBSCRIBER hereby agrees to abide by this policy and other Terms and Conditions contained herein.

 

Submissions

Please note that, because we receive many emails and suggestions from our members, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, Materials), you grant us and our designees a worldwide, nonexclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

 

SERVICES and Tools

Your use of certain SERVICES may be governed by additional rules, which are available on interceptortradingalertsystems.com; or by hyperlink from other sites, in connection with the service. By using any third party service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the third party SERVICES may have been provided by third parties for your use.

 

You expressly acknowledge and agree that your use of all SERVICES is solely at your risk.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material hosted by INTERCEPTOR infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the SERVICES should be sent via electronic mail to [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

Jurisdictional Issues

The SERVICES are solely directed to individuals residing in the United States. We make no representation that materials in the SERVICES are appropriate or available for use in other locations.

 

Those who choose to access the SERVICES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.

 

We reserve the right to limit the availability of the SERVICES and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantity or type of any such service or product that we provide.

Links to Other Websites

Our websites, including but not limited to www.interceptortrading.com may contain links to other Internet websites or resources. We neither control nor endorse such other website, nor have we reviewed or approved any content that appears on such other website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. INTERCEPTOR has not reviewed all of the sites linked to or from our websites, or other products and services of INTERCEPTOR, and is not responsible for the content of any such linked website. We do not exercise control over third party websites.

 

Your use of links to other websites is at your own risk.

 

We are not responsible for third party sites linked from our websites, emails, promotional material or any other communications, or other products and services of INTERCEPTOR, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

 

You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, SERVICES, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

 

Limitation of Liability

Neither INTERCEPTOR nor ITAS suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the SERVICES and/or content contained on the SERVICES, or any product or service purchased through the SERVICES.

Your sole remedy for dissatisfaction with the SERVICES and/or content contained within the SERVICES is to stop using the SERVICES.

 

The sole and exclusive maximum liability for all damages, losses, and any causes of action whether in contract, tort (including, without limitation, negligence), or otherwise shall be the total amount paid by you, if any, to access the SERVICES.

Indemnification

SUBSCRIBER agrees to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a.) your breach of this ITAS Agreement, including any violation of the Code of Conduct above; (b.) any allegation that any materials that you submit to us or transmit to the SERVICES infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c.) any and all of (i.) your use of the data underlying the SERVICES; (ii.) your use of information and communications you receive or review from directly or indirectly from us; and (iii.) any activities by you in connection with the SERVICES.

Arbitration

Any controversy or claim, other than an action for injunction, arising out of or relating to this contract, or the breach thereof, the content of the SERVICES or the use of any information obtained from the ITAS SUBSCRIPTION regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under ITAS Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Suffolk County, New York.

 

SUBSCRIBER agrees that the prevailing party in an arbitration between you and INTERCEPTOR shall be entitled to reimbursement of reasonable attorneys’ fees and costs and that the arbitrator shall include an amount of attorneys’ fees and costs in the award.

Testimonials Disclaimer

In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:

Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the SERVICES of INTERCEPTOR. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.

 

  • Endorsements, testimonials or descriptions of past performance appearing on our websites, emails, promotional material or any other communications received via text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on our websites, emails, promotional material or any other communications involved payment or compensation therefor.

Miscellaneous

This ITAS Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to ITAS principles of conflicts of law. SUBSCRIBER agrees to the personal jurisdiction of the federal and state courts located in Suffolk County, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any dispute not otherwise governed by the agreement to arbitrate contained herein. If any provision of this ITAS Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this ITAS Agreement and shall not affect the validity and enforce-ability of any remaining provisions. This ITAS Agreement is not assignable, transferable, or sublicensable by you except with our prior written consent. SUBSCRIBER agrees that the prevailing party in any court proceeding shall be entitled to an award of reasonable attorneys’ fees and costs.

 

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this ITAS Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Legal Notices

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: Pricing Information: Current rates for our SERVICES may be obtained via electronic mail at: [email protected]

 

We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this ITAS Agreement. However, any future price increases will NEVER affect your current subscription rate.

 

Inquiries and concerns should be directed to:  [email protected].

Entire Agreement

SUBSCRIBER agrees that SUBSCRIBER has read this entire ITAS Agreement, its terms and conditions along with the corresponding

Agreement Addenda and that this ITAS Agreement along with the corresponding Agreement Addenda, incorporated herein by reference constitute the entire, complete and exclusive agreement and understanding between you and us, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this ITAS Agreement and corresponding ITAS Addenda

The terms, conditions and provisions of this ITAS Agreement and corresponding ITAS Addenda shall survive any termination thereof indefinitely.

 

IN WITNESS WHEREOF, SUBSCRIBER has reviewed and accepted all of the terms and conditions contained herein this ITAS Agreement, as per the execution date below, and filed them properly for future reference.