Penny Pro - Penny Stock Millionaire Contract
RagingBull.com, LLC, a Delaware limited liability company (“RagingBull.com”), provides the website known as PennyPro.com (“the Site”). This License Agreement (the “Agreement”) is by and between RagingBull.com and you as a user of the Site (“User”) and is effective as of the date of your signature on this Agreement (the “Effective Date”). RagingBull.com and the User may be referred to individually as a “Party” and collectively as the “Parties.”
WHEREAS, the Site is publishing the Newsletter (as defined below);
WHEREAS, the User wishes to be granted a license to access the Newsletter; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, on the basis of the representations, warranties, and covenants contained in this Agreement, agree, subject to the terms and conditions contained herein, as follows:
1.1 “Newsletter(s)” shall mean any electronic and/or digital delivery system that makes available the Site’s information to subscribers via any medium of the Site’s choosing. Specifically, “Newsletters” shall initially mean [name of newsletter and newsletter related products].
1.2 “User(s)” shall mean subscribers who sign up for and elect to receive such information as is provided in the Newsletter for the defined period of time and at the fee established in this Agreement.
4.1 The term of the License is one calendar year from the Effective Date (the “Term”).
4.2 Neither this Agreement nor the License may be terminated even if the User no longer accesses or has access to the Site.
4.3 The License will automatically renew.
a. RagingBull.com may offer a Lifetime Access subscription (and/or Bundled access of multiple services), which will include an annual fee not to exceed $500 in order to retain access to the site. In the event that the fee is not paid User agrees that access will end.
b. For Lifetime Access access ragingbull.com may offer a refund of up to 50% of the License Fee during the first 30 days of service. In the event of such a refund User agrees that access will end without further refund. If after the 30th day of service, ragingbull.com will refund at their own discretion an amount they deem suitable.
9.1 Governing Law; Exclusive Jurisdiction. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California, without regard to its provisions of conflict of laws. Each party hereby consents to the personal jurisdiction of the State of California, acknowledges that venue is proper in any state or Federal court in the County of Orange, State of California, agrees that any action arising out of or related to this Agreement must be brought exclusively in a state or Federal court in the County of Orange, State of California, and waives any objection it has or may have in the future with respect to any of the foregoing.
9.2 Notices. Any notice, request, instruction, or other document required by the terms of this Agreement, or deemed by any of the Parties hereto to be desirable, to be given to any other Party hereto shall be in writing and shall be given by personal delivery, overnight delivery, mailed by registered or certified mail, postage prepaid, with return receipt requested, or sent by electronic mail (with receipt confirmed) to the addresses of the Parties as follows:
The persons and addresses set forth above may be changed from time to time by a notice sent as aforesaid. If notice is given by personal delivery or overnight delivery in accordance with the provisions of this Section, such notice shall be conclusively deemed given at the time of such delivery provided a receipt is obtained from the recipient. If notice is given by mail in accordance with the provisions of this Section, such notice shall be conclusively deemed given upon receipt and delivery or refusal. If notice is given by electronic mail transmission in accordance with the provisions of this Section, such notice shall be conclusively deemed given at the time of delivery if during business hours and if not during business hours, at the next business day after delivery, provided a confirmation is obtained by the sender.
9.3 Entire Agreement; Amendment. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior written or oral proposals, understandings, agreements and representations, all of which are merged herein. No amendment or modification of this Agreement shall be effective unless it is in writing and executed by the Parties.
9.4 Severability. If any provision of this Agreement is determined to be unenforceable, such provisions shall be ineffective only to the extent unenforceable and the remainder of such provision and all other provisions of this Agreement shall remain in full force and effect.
9.5 Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
9.6 Waiver. No provision of or right under this Agreement shall be deemed to have been waived by any act or acquiescence on the part of either party, its agents or employees, except by an instrument in writing signed by an authorized officer of the party to be charged. No waiver of a breach of, or default under, this Agreement shall be effective as to any other breach or default of this Agreement, whether of the same or similar nature, and whether occurring before or after the date of such waiver.
9.7 Interpretation. The Parties hereto acknowledge and agree that (i) each party and its representatives has reviewed and negotiated the terms and provisions of this Agreement; (ii) the rule of construction to the effect that any ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement; and (iii) the terms and provisions of this Agreement shall be construed fairly as to each party hereto and not in favor of or against either party regardless of which party was purportedly responsible for the preparation of any aspect of this Agreement.
9.8 Counterparts; Facsimiles. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimiles shall be deemed to be originals.
9.9 Attorneys’ Fees. In the event any party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of a breach of any covenant or condition of this Agreement, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, including reasonable attorneys’ fees, as may be fixed by the court.
9.10 Survival. The provisions set forth in Section 6, Section 7, Section 8, and this Section 9 shall survive the termination of this Agreement.
9.11 Disclaimers Incorporated by Reference. All disclaimers now appearing or which may in the future appear on the Site are incorporated herein by this reference.
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Document Name: Penny Pro - Penny Stock Millionaire Contract
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