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MARKETCLOCKS, LLC. USER AGREEMENT



Your Agreement with MarketClocks, LLC.:
Welcome to the MarketClocks.com web site. Following are the terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MARKETCLOCKS, LLC. ("MARKETCLOCKS" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE OR DOWNLOAD ANY DATA, SERVICE OR PRODUCT. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.

Disclaimers

THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND MARKETCLOCKS EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MARKETCLOCKS, LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEB SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MARKETCLOCKS, LLC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEB SITE.

MarketClocks, LLC. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

MarketClocks, LLC. nor its subsidiaries, directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this web site or the Content whether or not we have been advised of the possibility of such damages. If you do not agree with these terms, please do not download any software, updates or data from the web site and discontinue using the Site.

There may be links to other web sites from MarketClocks, LLC web sites; however, these other web sites are not controlled by MarketClocks, LLC. and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against MarketClocks, LLC. regarding the inclusion of links to outside web sites or your use of those web sites.

You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or Site. You agree to advise MARKETCLOCKS promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. MARKETCLOCKS is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.

We reserve the right to change these Terms and Conditions. These conditions set out the entire agreement between MarkerClocks, LLC. and you relating to your use of this web site.

As part of the registration process, you will be asked to provide certain personal information to us, such as your name and contact information. MARKETCLOCKS has an unrestricted right to collect and use any personal information you provide in connection with the Services, provided that any such use shall be in accordance with our Privacy Policy available at www.marketclocks.com, which is hereby incorporated by reference. If you use the Sites and/or the Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Sites and/or the Services.

This Agreement and the relationship between you and MARKETCLOCKS shall be governed by the laws of the State of New York, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Services, must be instituted exclusively in the federal or state courts located in the Southern District of New York and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. MARKETCLOCKS may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and MARKETCLOCKS with respect to the subject matter herein, superseding any prior agreements or negotiations between you and MARKETCLOCKS with respect to the Services.

Effective Date: November 07, 2006
© 2006 MarketClocks, LLC. All rights reserved. Terms and Conditions of Use.