Welcome to our website. By using our site or any of our products, you are
agreeing to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these terms,
you should not use this site or our products. The term “company” or “us” or
“we” or “our” or "Hyperion" or "Hyperion Financial" or "Hyperion Financial
Group" refers to Hyperion Financial Group, LLC, the owner of the website.
The term “you” or "subscriber" refers to the user or viewer of our website
and products.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"), our products,
and our material. This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to
using the Site.
2. Disclaimer and Disclosure.
Hyperion Financial Group, LLC is not registered as an investment adviser.
Rather, Hyperion Financial Group, LLC relies upon the "publisher's
exclusion" from the definition of investment adviser as provided under
Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding
state securities laws. As such, Hyperion Financial Group, LLC does not
offer or provide personalized investment advice. This site and all others
owned and operated by Hyperion are bona fide publications of general and
regular circulation offering impersonal investment-related advice to
subscribers and /or prospective subscribers.
Hyperion Financial Group, LLC is not registered as an investment adviser
with the U.S. Securities and Exchange Commission. We are not a registered
broker-dealer. The information we publish is based on our opinions plus our
statistical and financial data and independent research. Material provided
by Hyperion Financial Group is for informational purposes only, and that no
mention of a particular security in any of our materials constitutes a
recommendation to buy, sell, or hold that or any other security, or that any
particular security, portfolio of securities, transaction or investment
strategy is suitable for any specific person. To the extent that any of the
information obtained from Hyperion Financial Group may be deemed to be
investment opinion, such information is impersonal and not tailored to the
investment needs of any specific person. Hyperion Financial Group, LLC does
not promise, guarantee or imply verbally or in writing that any information
provided through our websites, newsletters, or reports, in any printed
material, or displayed on any of our websites, will result in a profit or
loss.
We encourage you to get personal advice from your professional investment,
tax, or legal advisor(s) and to initiate independent investigations before
acting on any information that we publish. Only you and your professional
advisors can determine what level of risk is appropriate for you.
Employees, owners, and/or writers of Hyperion Financial Group may own
positions in the equities, options, and/or securities mentioned in our
reports, newsletters, and websites. However, no associated employees will
intentionally engage in any transaction that directly or indirectly competes
with the interests of our subscribers. Hyperion Financial Group is not
compensated in any way for publishing information about companies referred
to in our reports, newsletters, and websites.
THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 20 (b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
3. No Legal, Tax, or Investment Advice.
Information contained on or made available through the Site or our products
is not intended to and does not constitute tax, legal, or investment advice
or recommendations; which should be obtained from your professional advisors
prior to engaging in any investment of the type discussed in the information
or on the Site. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or linked
to the Site. Your use of information on the Site or materials linked to the
Site is entirely at your own risk.
4. Performance Figures.
While we attempt to evaluate the actual experience and results of
subscribers, performance figures should be considered hypothetical. Past
results are no guarantee of future performance. Due to the time critical
nature of stock, option, and securities trading, brokerage fees and
expenses, and the activity of other subscribers and investors, Hyperion
Financial Group cannot guarantee that subscribers will generate the exact
returns stated in our promotions and track records. No representation is
being made that any account will or is likely to achieve profits or losses
similar to those shown in our track records and promotions. Your results
may differ considerably depending on a number of factors including when you
start or stop investing in a particular security or strategy, which
recommendations you choose to act on, how much investment capital you
allocate to each position, the specific prices you are executed at, the
brokerage commissions and fees you pay, the interest income you earn on idle
cash, and the number and size of profitable and unprofitable trades you
experience.
Due to these and other factors, testimonials may or may not represent actual
results.
5. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for
our products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward- looking statements. Actual events or results may
differ. We have no obligation to update any information on the Site. The
Site and the information contained herein do not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or documents.
6. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to
use the Site solely for internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all
copyright and other notice contained therein. No print out or electronic
version of any part of the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
7. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section
6 above), republish, display, distribute, transmit, sell, rent, lease, loan
or otherwise make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved there from; (b) use the
Site or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of us or
any third parties; (e) remove, change or obscure any copyright notice or
other proprietary notice or terms of use contained in the Site; (f) make any
portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine
the Site architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names, or other
means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any
state or federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof,
or any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
8. Forms, Agreements & Documents.
We may make available through the Site or through other websites sample and
actual forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents are provided on a non-exclusive
license basis only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense, distribute, assign or
transfer such license. Documents are provided for a charge and without any
representations or warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”,
AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents are not tailored for the investment or
business needs of any specific person and may be inappropriate for your
particular circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should consult with
legal counsel to determine the appropriate legal or business documents
necessary for your particular transactions. Use of any Documents is at your
own risk. Some Documents are public domain forms or available from public
records.
9. Copyright and Service Marks.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, except as allowed by Section 6 above, is strictly prohibited. You
do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and
materials. Some of the content on the site is the copyrighted work of third
parties. "HyperionFinancial.com" and other marks used on the Site are our
service marks or registered service marks or trademarks. Certain other
product and company names mentioned on the Site may be trademarks of their
respective owners.
10. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site
immediately upon request by us.
11. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you to us
(collectively, a "Submission") will forever be our property. We will not be
required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities that
may appear in our future products, services or operations. Without
limitation, we will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature everywhere. We
will be entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for whatever material
you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
12. Registration.
Certain sections of, or offerings from, the Site may require you to register
and/or enter a password. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration must
be done using your real name and accurate information, if requested. Each
registration is for your personal use only and not on behalf of any other
person or entity. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a single name
being made available to multiple users on a network. You are responsible
for preventing such unauthorized use. You are solely responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer. You also agree to accept
responsibility for all activities that transpire under your subscription
account or password. Any password given to you to obtain information or
documents is not transferable or assignable. Those under the age of 18 may
not use this website or any of Hyperion Financial Group's paid products.
Hyperion Financial Group reserves the right to refuse service, access,
terminate subscriptions, remove or edit content, or cancel orders in its
sole discretion.
13. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this
link.
14. Subscription Terms and Payment.
Payment for any subscription will be due on the date the order is placed by
you for the service. The subscription term will start on the day you
register and pay for the service and terminate according to the schedule
listed on the order form. Current subscription rates can also be found on
the order form before an order is placed. You represent and warrant that if
you are purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred by you
will be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable
taxes.
15. Subscription Termination.
All subscriptions can be cancelled at any time. In order to cancel your
subscription, please notify us by email, phone, or postal mail that you wish
to do so. Once we have received and processed your cancellation your
subscription will terminate within 3 days and you will receive a pro-rata
refund of the remaining balance of the subscription if requested. We
reserve the right to end your subscription and use of our services at any
time for any reason, including without limitation any breach by you of this
agreement of these Terms of Use.
The money back guarantee can only be used once per year, per service. If
you cancel and subscribe for the second time in a 365 day period, you will
not be entitled to the refund period but will be refunded on a pro-rata
basis starting from your new subscription date up to your notification of
cancellation.
16. Automatic Subscription Renewal.
All subscriptions will renew automatically according to the payment option
you selected and authorized at the time of purchase; unless you notify us at
least 3 days prior to your renewal. This notification can be through email,
phone, or postal mail. If you do not notify us of your desire to cancel,
then applicable subscription fees will automatically be billed to the same
credit card used to initiate the subscription.
17. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses and
traffic information.
18. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We
do not represent or warrant that the information available on or through the
Site will be correct, accurate, timely, without errors, or otherwise
reliable. This information is based on prospectus', SEC filings, public
filings, current events, press releases, interviews, books, lectures, and is
often derived directly from the information published by the companies on
which we report, without independent verification. You should not make any
investment decision based solely on what you read on our website or in any
of our investment reports or newsletters.
Material based on fact is obtained from sources believed to be reliable, but
we are not responsible for any errors or omissions, or for the results of
action taken based on information contained herein, on our websites, in our
reports and newsletters. Nothing herein should be construed as an offer to
buy or sell securities or to give individual investment advice. Due to
numerous factors, including, but not limited to, changing market conditions,
such discussions and positions may no longer be representative of current
discussions and positions. Hyperion Financial Group does not in any way
warrant or guarantee the success of or endorse any action that you take in
reliance of or on the information we provide or that is derived from our
websites, newsletters, or reports.
We may add, change or delete the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing on the Site.
19. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or
use of the Site.
20. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a) any
errors in or omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site or any
features thereof, (c) your use of the Site, (d) the content contained on the
Site, or (e) any delay or failure in performance beyond our or an Affiliated
Party’s control.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, WHETHER IN CONTRACT,
TORT, NEGLIGENCE, OR OTHERWISE, HEREBY SHALL NOT EXCEED THE FEES RECEIVED BY
HYPERION FINANCIAL GROUP, LLC FROM SUBSCRIBER AND THAT AMOUNT SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY. FURTHER, HYPERION FINANCIAL GROUP WILL NOT BE LIABLE FOR
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES
RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON ANY
MATERIAL PROVIDED BY HYPERION FINANCIAL GROUP.
Without limitation, Hyperion Financial Group shall not be responsible or
liable for any losses or damages related to, either directly or indirectly,
(1) any decline in market value or loss of any investment, (2) a
subscriber's inability to use or any delay in accessing any of Hyperion's
websites or any other source of information provided by Hyperion Financial
Group, (3) any absence of material or information on any of Hyperion's
websites or information sources, (4) Hyperion Financial Group's failure to
deliver any material or (5) any other kind of error in transmission of
material; or (6) the use by a subscriber of any research to invest in any
way may be deemed unsuitable in accordance with certain industry standards.
Hyperion and
subscriber acknowledge that, without limitation, the above enumerated
conditions cannot be the probable cause of any breach of any agreement
between Hyperion Financial Group and subscriber. "No-risk" and "risk-free"
refer solely to the price of the subscription and its ability to be
refunded.
21. Advertisers and Third Party Content.
The Site may contain advertising and sponsorships. Advertisers, sponsors or
other third party content may appear on the Site or may be accessible via
links from the Site. Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the Site is accurate and complies
with applicable laws. We do not endorse the products or services advertised
on the Site and make no representations or warranties about the kind or
quality of products or services. We do not verify licenses, accreditations
or qualifications of any third party. We are not responsible for and assume
no liability for any inaccuracies, mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content on the
Site. You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither endorsed
by nor does it necessarily reflect our belief. You are responsible for
purchase and use of any third party product or services.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. You acknowledge that Hyperion
Financial Group has no control over any third party sites. If you decide to
leave our Site and access these third-party sites, you do so at your own
risk. You should contact the site administrator or webmaster for other
websites if you have any concerns regarding such links or content located on
such other websites.
22. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants. You agree
that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE. All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites. We
are not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
23. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information: a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; b. A
description of the copyrighted work that you claim has been infringed; c. A
description of where the material that you claim is infringing is located on
the Site; d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and f.
A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. Our Copyright Agent
for Notice of claims of copyright infringement on the Site can be reached by
directing an e-mail to the Copyright Agent at
24. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed by us.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
26. Refund and Return Policy.
All of the products and services offered for sale through Hyperion Financial
come with at least a 30-day money back guarantee. Some products and
services offer longer periods. The guarantee period for each product will
be listed on the order form at time of purchase. To the extent that you
purchase any goods or services directly from us, we will refund you your
purchase price within 30 days of you notifying us in writing, through email,
or by telephone of your desire for the refund. Please note, however, that
certain products and services mentioned on our site are sold by third
parties or are linked to third party Web sites, and we have no
responsibility or liability for those products or services. You may request
a refund by contacting us by email at

.
You may obtain any additional information concerning our refund and return
policy, including our mailing address, by contacting us at
The 100% money back guarantee can only be used once per year, per service.
If you cancel and subscribe for the second time or more in a 365 day period,
you will not be entitled to the 100% refund period but will instead be
refunded on a pro-rata basis starting from your new subscription date up to
your notification of cancellation.
27. Brokers.
Hyperion Financial Group, LLC is not affiliated with any brokerage firm and
does not endorse or recommend any specific brokerage firm. Hyperion is not
and will not be responsible for any trades made by a broker on the
subscriber's behalf under any circumstances.
28. Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in
Scottsdale, Arizona, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or us may seek any
interim or preliminary relief from a court of competent jurisdiction in
Scottsdale, Arizona necessary to protect the rights or property of you and
us pending the completion of arbitration. Each party shall bear one-half of
the arbitration fees and costs incurred through JAMS.
29. Miscellaneous.
Your right to use the Site is not transferable or assignable. This
Agreement shall be treated as though it were executed and performed in
Scottsdale, Arizona, and shall be governed by and construed in accordance
with the laws of the State of Arizona (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or
any information, Documents, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth
in this Agreement, including but not limited to Section 2 and Section 20.
The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event of an
acquisition, sale or merger. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce such
provision.
These terms and conditions including those that are incorporated by
reference, constitute the entire agreement and only agreement between you
and Hyperion Financial Group, LLC and govern the use of our websites,
products, services, reports, and newsletters. Our rights under this
Agreement shall survive any termination of this Agreement. Not withstanding
any other agreement or communication(s) between Hyperion Financial Group and
subscriber to the contrary, receipt or use of any material or information
provided by Hyperion, at any time and through any means, whether directly or
indirectly, represents acknowledgement and acceptance by such person of the
terms and conditions of this agreement.