Terms & Conditions
TERMS AND CONDITIONS FOR THE PRIVILEGE OF RECEIVING WEEKLY
POWERINDEXING INDICATORS INFORMATION AS A NONPROFESSIONAL
APPLICATION made by the person ("Subscriber") for classification as a
Nonprofessional Subscriber* (Part 1).
AGREEMENT between Subscriber and PowerIndexing.com, Inc. ("Vendor") governing
Subscriber's receipt, use and display, as a Nonprofessional Subscriber, of PowerIndexing
PART I - APPLICATION
Subscriber hereby applies, in his/her individual and personal capacity, and neither as a
principal, officer, partner, employee or agent of any business nor on behalf of any other
individual, to be classified as a Nonprofessional Subscriber for the purpose of receiving
Information subject to this Agreement.
1. SUBSCRIBER'S NONPROFESSIONAL STATURE-Subscriber certifies that he/she is
a natural person who is neither;
(a) registered or qualified with the Securities and Exchange Commission, ("SEC"), the
Commodities Futures Trading Commission, any state securities agency, any securities
exchange or association, or any commodities or futures contract market or association,
(b) engaged as an "investment adviser" as that term is defined in Section 202(a)(II) of the
Investment Advisers Act of 1940 (whether or not registered or qualified under that act),
(c) employed by a bank or other organization exempt from registration under Federal
and/or state securities laws to perform functions that would require him/her to be so
registered or qualified if he/she were to perform such functions for an organization not so
2. SUBSCRIBER'S EMPLOYMENT-Subscriber certifies the truth and accuracy of the
personal and employment information included in Part III of the Application and
PART IIA - AGREEMENT: LAST SALE INFORMATION
WHEREAS, PowerIndexing.com ("PI") and/or ("Vendor"), has entered into one or more
agreements to disseminate, through interrogation devices, Information to Nonprofessional
Subscribers subject to a rate structure and to terms and conditions different from those
applicable to other classes of subscribers. WHEREAS, Subscriber wishes to receive
Information from Vendor as a Nonprofessional Subscriber, and WHEREAS, Vendor
relying upon upon the representations made and information provided by Subscriber,
Subscriber qualifies to receive Information as a Nonprofessional Subscriber. NOW,
THEREFORE, in consideration of the premises and the mutual covenants and conditions
herein contained, Subscriber and Vendor hereby represent, warrant and agree, for their
own benefit, as follows:
(a) The term "PowerIndexing Indicators" ("Information") includes, at any given time, (i)
all Information provided to subscribers in the Member's section of PowerIndexing.com
and (ii) all information based thereon or derived therefrom.
(b) The term "Nonprofessional Subscriber" means a subscriber who meets the criteria set
forth in Part I and in Paragraph 5 and who receives Information pursuant to the terms and
conditions of the form of this Application and Agreement.
(c) The term "person" includes any natural person, proprietorship or organization.
(d) The term "subscriber" means any person authorized to receive Information through an
(e) The term "Subscriber-procured interrogation device" means any interrogation device
used by Subscriber for the purpose of receiving an interrogation service from Vendor,
which device is not supplied, installed, operated or maintained by, or made available
4. PERMITTED USE OF INFORMATION-Subscriber shall receive Information solely
for his/her personal, non-business use. Subscriber shall not furnish Information to any
5. DATA RECEIPT COSTS-Subscriber shall not hold the PI responsible for any costs
associated with Subscriber's receipt of Information.
6. FAILURE TO QUALIFY
(a) DETERMINATION-Subscriber understands that Vendor or NYSE may determine at
any time that, for any of the following reasons, Subscriber does not qualify as a
Vendor made an erroneous initial determination regarding Subscriber's qualification.
Vendor discovered a misrepresentation herein,
Subscriber failed to furnish all material information, or
Subscriber failed to update information contained herein.
Subscriber understands that following such a determination he/she may continue to
receive Information only after entering into one or more appropriate agreements directly
with PI. The Vendor may deny Subscriber the opportunity to enter into such agreement(s)
if his/her failure to qualify results from willful misrepresentations or omissions or from
willful breach of this Application and Agreement.
(b) RETROACTIVE PAYMENT-In an event that such a determination is based upon any
of clauses of Paragraph 6, or upon a violation of any violation, either PI may notify
Subscriber in writing (i) of such determination, (ii) of the period, as determined by PI,
during which Subscriber received such Information but did not qualify as a
Nonprofessional Subscriber and (iii) of the amount applicable to such period. Within 30
days of receipt of such notice, Subscriber shall pay such amount to PI at the address
specified in Paragraph 17. Subscriber has been informed by Vendor of the rates in effect
at the time of Subscriber's execution of this Application and Agreement.
7. SUBSCRIBER-PROCURED EQUIPMENT-If Subscriber receives Information by
means of one or more Subscriber-procured interrogation devices, Subscriber, unless
otherwise directed in writing by Vendor, (a) shall report to Vender, both at the
commencement of such receipt and upon Vendor's request, the number and type(s) of
such devices, and (b) shall promptly report to Vendor any change in the number or
type(s) of such devices. Subscriber hereby indemnifies the Vendor for any costs arising
out of any claim that any Subscriber-procured interrogation device or the manner in
which such device uses Information provided pursuant hereto infringes any patent or
copyright or violates any other property right.
8. SUBSCRIBER REQUIRED TO UPDATE-Subscriber shall notify vendor promptly in
writing of any change in his/her circumstances that causes any of his/her statements or
representations contained in either Part I or Part II to be in any way inaccurate or
incomplete or that otherwise prevent him/her from continuing to comply with this
Application and Agreement.
9. STRICT COMPLIANCE REQUIRES-Subscriber understands that he/she must comply
strictly with the provisions of this Application and Agreement in order to continue to
receive Information as a nonprofessional subscriber. Subscriber also understands that if,
in PI's judgment, any breach of this Application and Agreement by Subscriber has
occurred or any representation by Subscriber set forth in this Application and Agreement
has been or is untrue, Vendor shall, terminate this Application and Agreement,
discontinue providing Information to Subscriber and seek compensation for additional
value obtained by Subscriber at Vendor's expense.
10. DATA NOT GUARANTEES-Subscriber understands that the Vendor does not
guarantee the timeliness, sequence, accuracy, completeness or usefulness for any
of the Information. Neither Subscriber nor any other person shall hold Vendor liable in
any way for:
(a) any lack of suitability of the Information for any particular purpose or inaccuracies or
errors in, or omissions of, any such information or message, (b) any delays or errors in
the transmission or delivery of any part of any such information or message, or (c) any
loss or damage arising from or occasioned by any such inaccuracies, errors, omissions or
delayed or by reason of non-performance, or of interruption in any such information or
message, either due to any negligent act or omission by any of them or due to any cause
beyond the reasonable control of any of them, including, but not limited to, flood,
extraordinary weather conditions or other act of God, fire, war, insurrection, riot, strike,
accident, action of government, communications or power failure, or equipment or
11. DATA MODIFICATION OR DISCONTINUANCE-Subscriber understands that the
Vendor does not guarantee that they will continue to disseminate, or that they will not
change or eliminate any of the methods by which they disseminate, Information. If the
Vendor discontinues disseminating Information or changes or eliminates any such
method, Subscriber shall not hold the Vendor liable in any way for any loss or damage
12. PARTICIPANTS' ENFORCEMENT RIGHT-The Vendor may enforce this
Application and the Agreement against Subscriber by legal proceedings or other
13. TERMINATION-Upon becoming effective, this Application and Agreement shall
supersede all agreements (if any) between Subscriber and Vendor of Information through
an interrogation service. Subject to Paragraphs 6, 9 and 11, either Subscriber or Vendor
may terminate this Application and Agreement on not less than 30 days' written notice to
14. REFUNDS – No cash refunds will be made upon cancellation.
15. GOVERNING LAW-This Application and Agreement shall be governed by, and
interpreted in accordance with, the laws of the State of Nebraska.
16. NOTICES-Any communications to the Vendor provided for in, or otherwise relating
to, this Application and Agreement shall be sent to such person's below - indicated
W. Bollinger, President
c/o PowerIndexing.com, Inc.
15243 Westchester Drive
Omaha, NE 68154-2059
* Term is defined in Paragraph 3 or Part IIB.
By clicking on the "PayPal Subscribe" button, you agree:
(1) that you have read the terms stated above;
(2) you understand the terms stated above;
(3) you intend to form a legally binding agreement by selecting the phrase
(4) a printout of the terms stated above will constitute a "writing" under
law or regulation; and
(5) you agree to abide by all the terms of the agreement stated above.