
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 60 day 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 60 day 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.