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TERMS AND CONDITIONS

DRAFT USER AGREEMENT This Agreement sets out the terms and conditions relating
to the online content provided free of charge and content subject to payment
(“Free and Paid-for Content”) that WayneMadsenReport.com will provide to you
(“the User”). By accessing www.waynemadsenreport.com (“the Site”) the User is
agreeing to the terms and conditions below. If the User uses the Site in the
course of business the User is also agreeing to these terms and conditions on
behalf of that business. If the User does not agree with the terms and
conditions (or the User is not authorized to do so) the User should not use the
Site. If the User has any questions they should contact the Siteowner at
[wmreditor@waynemadsenreport.com]. Services and Fees The Siteowner shall provide
Free and Paid-for Content. This includes [a subscription for Paid-for Content
available]. The Siteowner reserves the right to vary the Free and Paid-for
Content and does not guarantee that the content provided free of charge (“Free
Content”) will remain free of charge and does not guarantee that the content
provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User shall agree to pay any subscription fees (“Fees”) at rates in effect
when the charges are incurred. The User must provide the Siteowner with complete
and accurate payment information. The User can pay using a credit or debit card
or by setting up a standing order. By submitting credit or debit card details to
the Siteowner the User warrants that they are entitled to purchase the Paid-for
Content using those payment details. In the event of an unauthorised payment the
Siteowner reserves the right to suspend or terminate the User’s access to the
Site and Paid-for Content. If no payment authorisation is received or payment
authorisation is subsequently cancelled, the Siteowner may immediately terminate
or suspend access to any Paid-for Content and/or the Site. The Siteowner will
try to process the User’s request for any Paid-for Content promptly but does not
guarantee that the Paid-for Content will be available to the User by any
specified time. A contract with the User for a Paid-for Content will come into
effect when the Username and Password are issued to the User. The User having
paid the Fee for a subscription for the supply of Paid-for Content for a defined
period the User will have no right of cancellation for the supply of the
Paid-for Content other than the right to cancel the subscription for Paid-for
Content. This does not affect the User’s statutory rights. Registration,
Passwords and Privacy The use of the Site signifies the User’s consent to the
Siteowner collecting and using personal information about the User in accordance
with the Siteowner’s Privacy Policy. The User can read the Privacy Policy at
[link]. The User does not have to register to use the Site in order to access it
and enjoy the content other than the Paid-for Content. If the User wishes to
access the Paid-for Content the User will be asked to provide the Siteowner with
accurate, complete registration information, including contact details, and it
is the User’s responsibility to update and maintain this information. The
Siteowner is entitled to rely on this information to provide Paid-for Content.
The User will also be requested to create a Password in a format specified by
the Siteowner (“the Password”). The User shall not disclose the Password to any
other person or entity and shall ensure that the Password remains confidential
at all times. In the event that the User knows or has a reasonable suspicion
that a third party knows the User’s Password, the User shall notify the
Siteowner immediately by contacting the Siteowner at [email address]. If the
Siteowner has reasonable grounds for believing that the User has misused or is
misusing the Password, the Siteowner may require the User to change the Password
or may suspend the User’s use of the access to the Site, including Paid-for
Content, until such time as the Siteowner is satisfied that the security of the
Site is no longer compromised by the User’s activities. Limitations on Use of
the Site All content and services provided by the Siteowner belongs to the
Siteowner [or is licensed to the Siteowner by licensors including SubHub
Limited]. The Siteowner [or its licensors, including SubHub Limited] own all the
intellectual property rights in the content and services. The content and
services provided are solely for the personal use of the User and the User shall
not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate,
merge, or otherwise alter any content or service provided under this Agreement.
The User shall not remove or replicate any logo, copyright or proprietary
notices, legends, symbols, labels, watermarks, signatures or any other like
marks affixed to or embedded in the content or services. The User shall not
carry out any act or omission or permit any act or omission to take place that
infringes or is likely to infringe any intellectual property rights owned or
used by the Siteowner or its licensors including SubHub Limited or otherwise
relating to the Site. Limitation of Liability and Indemnity The User expressly
agrees that the use of, and browsing of the Site is at the User’s own risk.
Neither the Siteowner nor any other party involved in creating, producing or
delivering the Site, including SubHub Limited, is liable for any direct,
incidental, special, consequential, indirect or punitive damages arising out of
the User’s access to, or use of, or inability to use the Site or any linked site
or for the cost of procurement of substitute goods or services or resulting from
any goods or services purchased or obtained or messages received or transactions
entered into through the Site or resulting from any unauthorised access to or
alteration of your transmissions or data, including but not limited to, damages
for loss of profits, use, data or other intangible property including legal
costs and expenses, even if the Siteowner has been advised of the possibility of
such damages. The User expressly agrees that the downloading of any material
form the Site is at the User’s own risk. Neither the Siteowner nor any other
party involved in creating, producing or delivering the Site, including SubHub
Limited, is liable for any direct, incidental, special, consequential, indirect
or punitive damages resulting from the User downloading material from the Site
or any linked site, including but not limited to, damages for loss of profits,
use, data or other intangible property including legal costs and expenses, even
if the Siteowner has been advised of the possibility of such damages. Without
limiting the foregoing, everything on the Site is provided to the User “as is”
and “as available” without warranty of any kind, either express or implied,
including, but not limited to, the implied warranties of satisfactory quality,
fitness for a particular purpose or non-infringement. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of the
above exclusions may not apply to every User. The User must check their local
laws for any restrictions or limitations regarding the exclusion of implied
warranties. While the Siteowner will use reasonable efforts to include accurate
and up to date information on the Site, the Siteowner makes no warranties or
representations as to its accuracy or completeness. The Siteowner is not
responsible for any errors or omissions or for the results obtained from the use
of such information. The information is provided with the understanding that the
information does not constitute any form of advice, recommendation or
arrangement by the Siteowner or its affiliates or any other party involved in
the Site and is not intended to be relied upon by Users in making (or refraining
from making) any decisions based on such information. The User must make their
own decisions on whether or not to rely on any information posted on the Site.
The Siteowner reserves the right to modify information displayed on this Site
but it does not make any commitment to update the information displayed on this
Site. No party [other than the Siteowner] who is involved in the workings of the
Site, including SubHub Limited, will at any time be liable or responsible in any
way for the content, including Paid-for Content, and information provided on or
via the Site and for the User’s use of the Site. From time to time the Siteowner
will make available to the User links from the site to third party sites. These
sites are not in any way approved, checked, edited, vetted or endorsed by the
Siteowner and the User agrees that the Siteowner shall not be responsible or
liable in any way for the content, advertising or products available from such
sites, the quality, functionality, suitability or legality of such sites or for
any dealings that the User may have, or the consequences of such dealings, with
such third party site operators. Any arrangements made between the User and any
third party named on the Siteowner’s Site are at the User’s sole risk and
responsibility and the Siteowner expressly disclaims any liability for third
party information or opinions posted on this Site or any linked Sites that
arises under criminal or civil laws relating to defamation, intellectual
property, infringement, privacy, obscenity, or any other area of law. Indemnity
The User agrees to indemnify, keep indemnified, defend and hold the Siteowner
and its parent companies, subsidiaries, affiliates and their respective
officers, directors, employees, owners, agents, information providers and
licensors, including SubHub Limited, (collectively the “Indemnified Parties”)
harmless from and against any and all claims, damages, liability, losses, costs
and expenses (including legal fees) (whether or not foreseeable or avoidable)
incurred or suffered by any Indemnified Party and any claims or legal
proceedings which are brought or threatened arising from the User’s use of,
connection with or conduct on the Site or any breach by the User of these terms.
The Siteowner or SubHub Limited reserves the right, at its own expense, to
assume the exclusive defence and control of any matter otherwise subject to
indemnification by the User, and in such case, the User agrees to co-operate
with the defence of such claim. Consequences of Breach of these Terms In the
event that the Siteowner or SubHub Limited considers or determines, in their
complete discretion, that the User has breached, violated or contravened the
Agreement or has otherwise demonstrated inappropriate conduct in the use of the
Site or the content or services they reserve the absolute right to: (a) warn the
User that they have violated the Agreement and ask the User to discontinue such
conduct; (b) discontinue the User’s membership of the site and/or any other
related services, including Paid-for Content; and (c) take measures (including
terminating, suspending or restricting the User’s use of the Site) to prevent
the User from using the Site or linking to the Site. Third Parties The
provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply
to this Agreement, except in relation to the rights of SubHub Limited. Proper
Law and Jurisdiction This Agreement and all matters arising from it shall be
governed by and construed according to the laws of the United States of America.
Entire Agreement This Agreement supersedes all prior agreements, arrangements
and undertakings and constitutes the entire agreement relating to the subject
matter of this Agreement. The User confirms that they have not entered into this
Agreement on the basis of any representation that is not expressly incorporated
into this Agreement.

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