ONLINE INVESTMENT SERVICES, LP LOYALTY PROGRAM
TERMS AND CONDITIONS

THE FOLLOWING DESCRIBES THE TERMS ON WHICH ONLINE INVESTMENT SERVICES, LP (“OIS”) OFFERS YOU ACCESS TO THE OIS LOYALTY PROGRAM (the "OIS Loyalty Program").

This document describes the terms and conditions applicable to your use of the OIS Loyalty Program. If you do not agree to be bound by these Terms and Conditions, do not use or access the OIS Loyalty Program.

You must read, agree with and accept all of the provisions contained in these Terms and Conditions and those incorporated by reference, before you may redeem Points in the OIS Loyalty Program.

OIS owns the websites located at InvestmentHouse.com, MarketFN.com, TheBestNewsletters.com and InvestBilling.com.

  1. Overview of the OIS Loyalty Program Points
    1. The OIS Loyalty Program is a loyalty program sponsored by OIS through which you may earn points by reading Free Newsletters within 24 hours of the time OIS sends such to your email address.
    2. OIS Loyalty Program members will be permitted to redeem Points into reduced subscription prices to the Premium Trading Newsletters.
    3. The current list of Free Newsletters (earn Points) and Premium Trading Newsletters (redeem Points) will be available on the OIS Loyalty Program web pages at InvestBilling.com.
  2. Participation in the Program
    1. The Program is open only to individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not participate. The Program is open only to individuals who are eighteen (18) years of age or older. In order to participate, an individual must have a valid email address on file which is receiving a Free Newsletter.
    2. To participate in the OIS Loyalty Program, you must register prior to redeeming OIS Loyalty Program points.
    3.  Participation in the OIS Loyalty Program constitutes each member's full and unconditional agreement to these Terms and Conditions, as such may be amended from time to time, as well as to the user agreement.
    4.  Participation in the OIS Loyalty Program is contingent upon the member's compliance with these Terms and Conditions. Members who do not comply with these Terms and Conditions may be prohibited from participating in the OIS Loyalty Program.
    5. The personal information that is collected from you in connection with the OIS Loyalty Program will be used in accordance with (a) the privacy policy for the website that you are a member of such Free Newsletter.
    6. OIS will not be liable or responsible in any manner for any tax consequences which may result from a member's participation in the OIS Loyalty Program. Each member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such member's participation in the OIS Loyalty Program and earning, redeeming, holding and/or use of Points and for all applicable filing and reporting obligations. Members should consult with their tax advisors regarding the accumulation, redemption and use of Points.
  3. Modification and Termination of the OIS Loyalty Program
    1. OIS may modify any of the terms and conditions governing the OIS Loyalty Program - including, but not limited to, the methods through which Points can be earned, how Points can be used, the value of Points, the Free Newsletters included in the program, the Premium Trading Newsletters included in the program, the conversion rates and value of Points, and the conditions under which Points may be forfeited - at any time, with or without notice, even though these changes may affect a member's ability to use the Points that he/she has already earned.
    2. The OIS Loyalty Program has no predetermined termination date and may continue until such time as OIS decides to terminate the OIS Loyalty Program. OIS may terminate the OIS Loyalty Program at any time, with notice via email to the member's email address currently on file with OIS. Members will have two (2) months from the date OIS Loyalty Program termination is announced to use Points. Any Points that are remaining in a member's account at time of termination will be forfeited and no compensation will be provided.
    3. A member's continued participation in the OIS Loyalty Program constitutes the member's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that OIS may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the InvestBilling.com website and will supercede all previous versions of these Terms and Conditions.
  4. Earning and Redeeming Points
    1. Members can earn Points by reading the HTML version with images turned on of certain Free Newsletters within 24 hours of the time OIS sends such to your email address and by engaging in certain other activities designated by OIS from time to time. OIS can only track Points if the member reads the Free Newsletters in the HTML version with images turned on (ie, graphics and pictures are visible when reading the Free Newsletter). Check the “Redeem Points” section of the Loyalty Program for more details. Points earned by a member will be deposited in that member's account and shall expire, if not redeemed, after 180 days.
    2. Currently the Free Newsletters (which earn Points) include: InvestmentHouse.com Weekend Issue; MarketFN.com Weekend Issue; TheBestNewsletters.com Weekend Issue; InvestmentHouse.com weekday emails sent on behalf of third party advertisers; MarketFN.com weekday emails sent on behalf of third party advertisers; and TheBestNewsletters.com weekday emails sent on behalf of third party advertisers. This list may change from time to time on OIS’s sole discretion.
    3. Premium Trading Newsletters (which Points can be used to lower the monthly subscription price) include all monthly charged subscription-based services on the InvestmentHouse.com, MarketFN.com and TheBestNewsletters.com websites.
    4. Once a redemption has been completed, it may not be reversed.
  5. Redeeming Points
    1. One (1) Point equals a credit of $1.00 USD towards the purchase of a subscription-based Premium Trading Newsletter.
    2. Members can use Points to reduce the subscription price of an Premium Trading Newsletter as long as the transaction meets each of the following criteria: (a) the member has registered to receive an Premium Trading Newsletter utilizing the member’s email address that is accumulating Points; and (b) the member has completed the applicable trial period for the Premium Trading Newsletter and desires to continue with such newsletters on a month to month paid subscription basis. In the event the member has complied with (a) and (b) above, then member may redeem points equal to or less than one-half of the cost of the monthly subscription price.
    3. If a Member fails to comply with these Terms and Conditions, or if a member's account is suspended or is otherwise no longer in good standing, etc., OIS may terminate such member's participation, and any remaining  Points in the member's account will be forfeited and no compensation will be provided. If a member cancels his/her Free Newsletter or his/her OIS Loyalty Program account, any remaining Points in the member's account will be forfeited and no compensation will be provided.
    4. Points may only be redeemed by filling out our online form. Point redemption requests must be submitted prior to your trial end date (i.e., prior to billing); or for current members Point redemption requests must be submitted prior to the next billing period. Otherwise, the Point redemption request will be applied to the following month's billing. "Refunds" using Points for any prior billing periods shall not be allowed.
  6. General Terms and Conditions
    1. ACCRUED POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS ARE CREDITS THAT OIS MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS MAY BE NOT EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE BY OPERATION OF LAW.
    2. Each member is responsible for ensuring that the information in his/her account is accurate and is kept current. If a Member believes that Points were not properly converted the member must notify customer service within seven (7) days of the day the member attempted the redemption.
    3. Free Newsletters may be added to or removed from the OIS Loyalty Program at any time with or without notice. In the event that a Free Newsletter is removed from the Program, the member will still retain any Points remaining in the member's account that were earned through that Free Newsletter.
    4. OIS reserves the right to discontinue the membership of any member who uses the OIS Loyalty Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances. Discontinued membership may result in the loss of all earned Points, benefits, and privileges. In addition to discontinuance of OIS Loyalty Program membership, OIS shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
    5. Any attempt by any person to undermine the legitimate operation of the OIS Loyalty Program may be a violation of criminal and civil law, and, should such an attempt be made, OIS reserves the right to seek damages from any such person to the fullest extent permitted by law. OIS's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.
    6. All questions or disputes regarding an individual's eligibility for the OIS Loyalty Program, the earning, use, or conversion of Points, or a member's compliance with these Terms and Conditions will be resolved by OIS in its sole discretion.
  7. Limitation of Liability
    1. By participating in the OIS Loyalty Program, member acknowledges that technical processing and transmission of information on OIS websites and emails may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. OIS is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the OIS Loyalty Program or utilized by the member; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, inability to access the website, Free Newsletters or on-line service; (f) any other technical or non-technical error or malfunction; (g) OIS’s inability to track member’s Points accumulated by tracking images in the Free Newsletters or (g) fraud or unauthorized use of member's account. By participating in the OIS Loyalty Program, member agrees that the final determination of the number of points for any particular member shall be determined solely by the internal data of OIS. Additionally, member acknowledges that any data error which would provide an inflated or deflated number may be corrected by OIS based on OIS's internal data base.
    2. By participating in the OIS Loyalty Program, each member accepts all responsibility for, and hereby indemnifies and holds harmless OIS, and each of its editors and their related companies, and each such company's respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such member or for any unauthorized access to member's account by any third party.
    3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE OIS LOYALTY PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT OIS HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT".
    4. Legal Disputes. Members agree that any controversy or claim at law or equity that arises out of or relates to the OIS Loyalty Program ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.
      • Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, members or OIS may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
      • Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Jefferson County, Colorado. Members and OIS agree to submit to the personal jurisdiction of the courts located within the county of Jefferson County, Colorado.
      • Violations of this Section ("Legal Disputes"). All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
    5. These Terms and Conditions are governed by and interpreted under the laws of the state of Colorado, U.S. as such laws are applied to agreements entered into and to be performed entirely within Colorado by Colorado residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern the above section, to the extent that the FAA is inconsistent with Colorado law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. OIS's failure to act with respect to a breach by members does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions and any documents it incorporates set forth the entire understanding between the parties with respect to the subject matter hereof.
    6. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

 

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