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TERMS OF USE
TERMS OF USE, CONDITIONS AND DISCLAIMER AGREEMENT BETWEEN PREDICTION LABS INC. AND THE USER
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TERM OF USE
By accessing and using any or all of the products, services, newsletters, research results, charts, internet web sites and web pages including but not limited to the following URL's www.tradingpro.com , www.forexcast.com and www.predictionlabs.com hereinafter referred to as the "Website", owned and operated by Prediction Labs Inc., the User agrees to be bound by these terms of use, conditions and disclaimer ("Terms of Use") and all applicable laws and regulations. If you, the User, do not agree with any part of these Terms of Use, you must immediately discontinue any use of the Website. These Terms of Use may change from time to time without notice and it is the User’s responsibility to check for updates. By using this Website you, the User, are agreeing to be bound by the current version of these Terms of Use. The last revision date for these Terms of Use is set forth below. Any reference to Prediction Labs Inc. in these Terms of Use shall mean Prediction Labs Inc., Prediction Labs Group ©, and any of its associates or subsidiaries.
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CONTENT/RESERVED RIGHTS
Prediction Labs Inc. owns all rights to the intellectual property, underlying processing and analysis technology, and software incorporated and/or presented on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc., including copyrights, and owns or has acquired the necessary permissions from content providers or suppliers, for all of the content, information, software, products and services provided in and on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc., including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents and Information presented on the Website (collectively referred to as the "System"). In this context, “Information” is defined as and refers to the totality of all charts, quotes, trading signals, trading indicators, market analyses, commentaries, recommendations, tutorials, instructions, and any other data that could be qualified as trading information, presented on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc. or distributed to subscribers via email from Prediction Labs Inc.). The System constitutes a confidential and valuable asset of Prediction Labs Inc. and is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The User may not use, reproduce, transfer, publish, disclose or sell the System or any of its components or content, except as provided for in this Agreement.
Prediction Labs Inc. specifically prohibits the re-distribution of any or all of the products, services, newsletters, signals, charts, available on, through or from the Website owned and operated by Prediction Labs Inc. and its contents as well as the re-distribution of its subscriber e-mails and/or newsletters via the Internet or otherwise, and accepts no liability whatsoever for the actions of third parties or other parties in this respect. Any violators will be liable for all costs or other losses incurred by Prediction Labs Inc. arising from any complaint, claims or actions arising directly or indirectly from such distribution.
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RESTRICTION ON USE/LIMITED LICENSE
Prediction Labs Inc. grants the User a limited, non-exclusive, non-transferable license to use, display on your computer, download and print short extracts of the Information presented on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc. for your own personal and non-commercial purposes only, provided that:
- The User does not modify any of the Information presented and provided on the Website.
- The User may not download any of the Information presented and provided on the Website for use in third party programs.
- All copyright and other proprietary notices are retained and remain displayed.
The User abides by these Terms of Use.
No other use of the System or Information provided on the Website is permitted. Without limiting the generality of the foregoing, the User may not:
- Copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivative works from, transfer or sell any of the System or Information presented and provided on the Website.
- Use any of the System or Information presented and provided on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc. for any commercial purpose, or for any public display (commercial or non-commercial).
- Include any of the System or Information presented and provided on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc. or reference thereto in or with any information, product or service that the User creates, distributes or provides.
- Copy or transfer any of the System or Information presented and provided on the Website onto your own web site or any other web site or server.
Nothing contained herein shall be construed as conferring any right in any copyright of Prediction Labs Inc., the content Providers or of any other third party who owns the copyright in any of the System or Information provided on any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc.
Prediction Labs Inc. retains the right to terminate at any time and without cause, subscription or access to its services, Website, System or Information.
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TRADEMARKS
Prediction Labs Inc., and Prediction Labs Group and their logos are trademarks of Prediction Labs Inc. Certain words, phrases, names, designs or logos used on the Website may constitute trademarks, service marks, or trade names of Prediction Labs Inc., the content Providers or other third parties. The display of any such marks or names on the Website does not imply that a license or other right has been granted to the User by Prediction Labs Inc., the content Providers, or other third parties.
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NO FINANCIAL ADVICE
The Information, Forms and other resources available on or through this Website and received from or through this Website such as e-mails and/or newsletters are provided for education and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. The Information contained in or provided from or through this Website is not intended to be and does not constitute financial advice, investment advice, trading advice or any other advice. The Information on this Website and provided from or through this Website in the form of e-mails and/or newsletters is general in nature and is not specific to you the User or anyone else. YOU SHOULD NOT MAKE ANY DECISION, FINANCIAL, INVESTMENTS, TRADING OR OTHERWISE, BASED ON ANY OF THE INFORMATION PRESENTED ON OR DELIVERED BY ANY OF THE PRODUCTS, SERVICES, INTERNET WEB SITES WITHOUT UNDERTAKING INDEPENDENT DUE DILIGENCE AND CONSULTATION WITH A PROFESSIONAL BROKER OR COMPETENT FINANCIAL ADVISOR. You agree that any and all use of the Information and Website which you make, is solely at your own risk and without any recourse whatsoever to Prediction Labs Inc., its associates, subsidiaries, partners or content Providers. You understand that you are using any and all Information, Forms and other resources available on or through this Website and received from or through this Website such as e-mails and/or newsletters AT YOUR OWN RISK.
Prediction Labs Inc. makes no representations or warrantees, expressed or implied, as to the accuracy, completeness, or fitness for any purpose or use of the Information presented on the Website or made available from any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc. The Information may not in all cases be current and it is subject to continuous change. Accordingly, you should not rely on any of the Information as authoritative or substitute for the exercise of your own skill and judgment in making any investment or other decision. Prediction Labs Inc. does not warrant that the supply of Information will be uninterrupted, error free or not terminated altogether, and will not be liable for any direct, indirect, or consequential loss arising from any use of or reliance on the Information and its availability.
The Information does not constitute or form part of an offer, subscription, recommendation or solicitation to buy or sell any securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all or to take up any services, nor should it be relied on in connection with any contract or commitment whatsoever. YOU ABSOLUTELY MUST MAKE YOUR OWN DECISION BEFORE ACTING ON ANY INFORMATION OBTAINED FROM THIS WEBSITE. PAST PERFORMANCE IS NOT NECESSARY AN INDICATION OF FUTURE PERFORMANCE. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Further, since the trades have not actually been executed, the results may have under-compensated or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. Prediction Labs Inc. does not warrant that trading methods or systems presented in its services or the Information available on or from its Website and received from or through this Website such as e-mails and/or newsletters will result in either profits or losses.
Analyst research available through this Website does not constitute a recommendation or a solicitation by Prediction Labs Inc. nor is it a recommendation or solicitation that any particular investor should purchase or sell any particular securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all. Prediction Labs Inc. and its employees and/or representatives are not and do not represent themselves as being investment advisors or investment managers, and do not make representations relating to the use of the Information on this Website. Prediction Labs Inc. does not warrant or make any representations regarding the use or the results of the use of the Information and materials on this Website in terms of their correctness, accuracy, reliability, profitability, or otherwise. The information and commentaries are not meant to be endorsements or offerings of any securities, commodities, financial objects, futures, options, stocks or other investment vehicles. As well, they are not meant to be guides to investment. Prediction Labs Inc., its employees and representatives are in no way liable for the use of the Information by others in investing or trading in investment vehicles.
RISK STATEMENT: The trading of stocks, futures, commodities, index futures or any other securities has potential rewards, and it also has potential risks involved. Trading may not be suitable for all users of this Website. Anyone wishing to invest should seek his or her own independent financial or professional advice.
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NO WARRANTIES
Prediction Labs Inc. does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information on the Website or of any product or services referenced on the Website. Prediction Labs Inc. assumes no obligation to update the Information or advice regarding further developments concerning topics mentioned. The Website and the Information may be changed from time to time without notice. The Website may be unavailable from time to time or permanently for any reason whatsoever including but not limited to any maintenance interruption, telecommunications interruption or failure, hardware interruption or failure, software interruption or failure, business interruption or discontinuance, or any other interruptions, discontinuances or failures whatsoever.
Prediction Labs Inc. is providing this Website and the Information on an "as is" basis and makes no representations or warranties of any kind whatsoever with respect to the System, the Website or the Information or with respect to the use or suitability of the System, the Website or the Information for any purpose. The Information may contain inaccuracies, typographical errors or other errors.
Prediction Labs Inc. disclaims all warranties, representations and conditions regarding the System, the Website and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses, and availability, whether expressed or implied, or arising from a course of dealing, usage, or trade practice.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS WEBSITE OR RECEIVED FROM THIS WEBSITE.
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DISCLAIMER OF LIABILITY
Prediction Labs Inc., its associates and subsidiaries, its employees, directors, agents, the content Providers and any other parties involved in the creation, production or delivery of the System, the Information and the Website disclaim any responsibility and shall not, in any event, be liable for any damages, claims, liabilities, costs or obligations including any direct, indirect, punitive, special, incidental or consequential damages, including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury, or any other pecuniary loss (collectively the "Damages") whatsoever and howsoever caused to the User or suffered by the User, arising out of or in connection with the use or misuse of the Website or the Information or with any delay or inability by the User to use the Website or the Information, whether any such Damages arise in contract, tort, strict liability, negligence, equity or statute law or by way of any other legal theory, even if Prediction Labs Inc. has been advised of the possibility of damages.
Prediction Labs Inc. disclaims any liability for unauthorized use or reproduction of any portion of the System, the Information or the Website.
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PRICING
Prediction Labs Inc. reserves the right to change prices of it’s products and services without notice.
From time to time Prediction Labs Inc. will also hold promotions that may include price reductions on membership fees. Such price reductions will only be applicable to Users who sign up for membership during the time that such promotions are made available. Users who sign up before or after such promotions are not and will not be entitled to such promotional pricing.
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THIRD PARTY PRODUCTS AND SERVICES
Third party products and services may from time to time be delivered through Prediction Labs Inc. web site to subscribers who have requested and signed up for and access such Third party products, services and information through Prediction Labs Inc.’s web site but who may or may not be Prediction Labs Inc. Users and subscribers. It is agreed and understood that such Third party products, services and information are produced and owned by those Third parties, and are not produced, owned or provided by Prediction Labs Inc., and Prediction Labs Inc. disclaims any responsibility for them nor does Prediction Labs Inc. influence such Third parties or their products, services or information provided to users and subscribers.
Prediction Labs Inc. makes no representations or warrantees whatsoever, expressed or implied, as to the accuracy, completeness, timeliness, appropriateness, suitability or fitness for any purpose or use of such Third party products, services and information, methods for payment, customer and technical support or web presence or any of their presentations or representations. The User agrees that Prediction Labs Inc. shall not be liable for such Third parties, their conduct or their products, services and information, and shall not be liable in any way for the use of such products, services and information by Users and subscribers, and the User holds Prediction Labs Inc. harmless in any dispute or claim whatsoever that the Users and subscriber may have related to such Third party, or such Third party’s products, services and information.
Third party products and services are regulated by this Prediction Labs Inc. Terms and Conditions Agreement and may be additionally regulated by the terms and conditions agreements of such Third parties or other policies governing their products, services and information. It is a User’s responsibility to read and be informed about the “terms and Conditions” and any other policies of such Third party products, services and information. Any questions related to such Third party products, services and information should be directed to the particular Third party. Third party products, services and information have no influence on Prediction Labs Inc. products or services including but not limited to its information, membership, product rates and prices.
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LINKS
This Website or any of the products, services, internet web sites owned and operated by Prediction Labs Inc. may contain links to other Internet sites. Such links are provided for reference only and were independently developed by parties other than Prediction Labs Inc. Prediction Labs Inc. is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by Prediction Labs Inc. Use of any such linked site is at the user's own risk.
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NO ENDORSEMENT
Reference to any third party information, product, process, or services at this Website or any linked site is not an expressed or implied endorsement by Prediction Labs Inc..
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SUBSCRIPTION BASED CONTENT
Some contents and/or services on this Website or any of the products, services, internet web sites owned and operated by Prediction Labs Inc. may be offered to you, the User, conditioned on your payment of subscription fees. If you elect to purchase subscription-based content/services and transmit to Prediction Labs Inc. a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. You agree that these Terms of Use will apply to your subscription. You also agree to be bound by any additional terms of use, conditions and disclaimers that may be required by Prediction Labs Inc. or any content Providers from time to time.
This Website or any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc. may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Prediction Labs Inc. makes every reasonable effort to minimize such downtime, Prediction Labs Inc. does not guarantee 100 percent availability of the Website.
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WHEN YOU SUBSCRIBE TO ANY PREDICTION LABS INC. PRODUCTS OR SERVICES:
We are not financial analysts, investment brokers or financial advisors. We expect you, the User, to know your own investment goals and to understand that a possession of fundamental trading abilities, or a desire to procure those abilities should prerequisite your signing up.
All subsidiary websites of Prediction Labs Inc., shall under no circumstances be liable to any visitor, user, and/or any third party for any lost profits, lost opportunities, indirect, special, incident, consequential, punitive, or any other damages whatsoever. We assume no responsibility or liability for any inaccuracies, misstatements, errors, fabrications, contained within documents, data, materials, website pages, contained here within and associated pages, either through error or negligence.
You, the User, agree to hold Prediction Labs Inc. harmless for any act resulting directly or indirectly from this Website or any of the products, services, internet web sites owned and operated by Prediction Labs Inc., its data, content, materials, associated pages and documents.
Your subscription is personal to you, the User, and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.
Subscriber must promptly inform Prediction Labs Inc. of the following: Changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an email and password. Until we are notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the service.
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PAYMENT
All payments made to Prediction Labs Inc. are made through a third party service. Prediction Labs Inc. is not liable for any monies lost during the transaction process, non-payment issues or not declination of any credit card.
Prediction Labs Inc. does not collect or store any credit card information and cannot be liable for any lost or stolen credit card numbers.
Your name and email address will be made available to all parties to the sale, as required, to complete payment.
All charges will appear as "Prediction Labs Inc." on your credit card statement or the corresponding payment gateway used by Prediction Labs Inc., currently 2CheckOut.com.
Any promotion, promotional rates, and any promotional offers expire as soon as a subscriber's account is deactivated as a result of nonpayment, declined payment, cancellation of service, or any other reason.
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AUTOMATIC RENEWAL POLICY
Payment for the appropriate services will be made by automatic credit card debit. SUBSCRIBERS WILL BE AUTOMATICALLY RENEWED FOR THE ORIGINAL TERM UPON EXPIRATION, unless Prediction Labs Inc. is notified via email (subscriptions@tradingpro.com) 5 days prior to membership renewal date.
Unless, and until this agreement is cancelled by email, Subscriber hereby authorizes Prediction Labs Inc. to charge Subscriber's credit card to pay for the ongoing cost of membership.
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CANCELLATION POLICY
Subscribers may, at any time and without cause, terminate their subscription to our services. The notice of termination must be sent by e-mail and must clearly indicate the name of the purchased product, the username, as well as the email address that was submitted at the time the product was purchased. Should you desire a confirmation of your cancellation, we also require a valid return email address.
If you, the User, wish to cancel your subscription for any reason, you may do so through the Membership Services feature of this Website. Your request must be made 5 or more days in advance of your automatic payment, but there are no refunds of subscription fees previously paid once the 30 day trial period has expired.
When a Subscriber requests termination, full or partial subscription fees are not refunded. Subscribers are liable for charges incurred by them until termination of service.
Cancellation of service is not official until Subscriber receives email confirmation from Prediction Labs Inc. If Subscriber does not receive a cancellation confirmation within 48 hours of request (excluding weekends and holidays), Subscriber must re-submit the cancellation and verify that his/her email address is correct.
Prediction Labs Inc. has the right to terminate at any time, and without cause, subscription or access to our services.
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SATISFACTION GUARANTEE PROGRAM
In order to receive a refund, minus a $11.95 account-processing fee, Prediction Labs Inc. customers must cancel within the first 30 days of their membership. When you cancel, please request that we issue a refund on your credit card.
Prediction Labs Inc.’s refund offer is made available only once per individual. If you have previously purchased any of our products, and have received a refund for any particular one, we will issue no further refunds.
NO REFUNDS will be issued for reactivated, transferred or upgraded accounts.
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EMAIL SERVICE
Some of our services involve the sending of emails to our subscribers. We provide email alerts as a free service, complimentary to the services offered on our websites.
Our customers retain full responsibility for submitting a valid email address in order to receive any of our email services.
We assume no responsibility or liability for undelivered, damaged, or late emails, whatever the reason it may be.
Our email services are designed for educational purposes only! They should not be construed as trading advice of any kind.
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CUSTOMER SERVICE
Prediction Labs Inc. does not offer full customer support to non-paying members.
When requesting customer support, we ask that our subscribers provide us with the following: Their username, the name of the purchased product, the exact email address that was submitted at the time the product was purchased. Should a subscriber refuse to provide the above information, Prediction Labs Inc. reserves the right to decline any product upgrades or downgrades, the termination of services, the purchase of other products, or the provision of customer support.
Prediction Labs Inc.’s customer support requires 48 hours (two business days) to respond to enquiries.
Prediction Labs Inc. will not respond to any threatening, insulting, or in any other way damaging emails.
In cases where threatening, insulting, or in any other way detrimental emails are sent to our servers on a regular basis, Prediction Labs Inc. reserves the right to block a customer’s email address.
Prediction Labs Inc. is not responsible for any email that does not reach our support staff, whatever the reason may be.
Prediction Labs Inc. immediately deletes emails that are suspected to contain viruses or pose any other security threat.
Email replies provided by Prediction Labs Inc. in response to customer enquiries cannot be used as legal documents or contracts; email replies are provided for educational purposes only.
For as long as it is kept in Company databases or archives, any correspondence sent to Prediction Labs Inc. becomes the sole property of the Company.
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NO SOLICITATION
No part of this Website shall be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on this Website may only be available in certain areas or jurisdictions. Any products or services mentioned on this Website are made available in accordance with local laws and only where they may be lawfully offered for sale.
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CONFIDENTIALITY WARNING
Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Prediction Labs Inc. will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you may make to any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc., through the Internet, or that you expressly or implicitly authorize Prediction Labs Inc. to make, or for any errors or any changes made to any transmitted information.
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COMPUTER VIRUSES
While efforts are made to ensure that the Information provided at this Website does not contain computer viruses, you, the User, should take reasonable and appropriate precautions to scan for computer viruses, and you, the User, should ensure that you have a complete and current back up of the applicable items of information contained on your computer system.
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CONFORMANCE WITH LAW
You, the User, agree that your use of this Website or any of the products, services, internet web sites owned and operated by Prediction Labs Inc. will not violate any applicable local, national ,or international law, including - but not limited to - any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You, the User, agree not to impersonate any person in your use of the any or all of the products, services, internet web sites owned and operated by Prediction Labs Inc., or the sending any email to an address listed on the Website.
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SEVERABILITY
If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will still be valid.
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GOVERNING LAW
The local laws applicable therein will govern as to the interpretation, validity and effect of these Terms of Use and as to any dispute or claim based on your use of the Website or the Information, notwithstanding any conflict of laws provisions of your domicile, residence or physical location.
IF YOU DO NOT AGREE TO BE BOUND BY THE ABOVE TERMS OF USE YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF ANY PRODUCTS, SERVICES, CHARTS, RESEARCH RESULTS, INTERNET WEB SITES AND WEB PAGES OWNED AND OPERATED BY PREDICTION LABS INC.
If you have any questions or concerns, please contact us by e-mail at support@predictionlabs.com.
Prediction Labs Group ©, Copyright 1997-2006 - All rights reserved - Prediction Labs Inc.
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