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Thank you for visiting our website. This page is packed with a
lot of information and it may take you more than one deep breath
to read it in its entirety. In today's world it's important to take
several deep breaths to envelop all points of Agreement, such as
this, that were at one time referred to as 'common sense'. Oh, and
don't forget that eating lead based paint chips can be harmful and
never mictate on an electric fence - ouch! If you wish to use oexstreet.com,
you must agree to conform to and be legally bound by the terms and
conditions of use described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS
OR CONDITIONS, DO NOT USE OUR WEBSITE.
INTRODUCTION
You may be referred to as Subscriber or Licensee. The terms
'You' or 'Licensee' or 'Subscriber' includes you and any of your
owners, employees, partners, independent contractors, subsidiaries,
affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Publisher or Licensor. The terms 'OEX
Street', 'New Millennium IBP, Inc.', 'Us,' 'We,' 'Publisher' or
'Licensor' includes and our owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS OF USE
Our privacy policy is part of, and subject to, these terms and
conditions of use. You may view our privacy policy Here.
RISK DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS OF USE
Our risk disclaimer is part of, and subject to, these terms
and conditions of use. You may view our risk disclaimer Here.
MEMBERSHIP AND SUBSCRIPTION TERMS ARE EQUAL IN DEFINITION AND
REFER TO YOUR PAID ACCESS TO OUR SIGNAL GENERATION SERVICES AND
YOUR RECEIPT OF TRADING SOFTWARE (LEASE).
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What We Offer
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For EDUCATIONAL AND INFORMATIONAL PURPOSES OEX Street
publishes online signal services for tracking the options
and futures markets. These services are delivered by
Yahoo! Messenger and e-mail and also through omNovia
software. We have no direct affiliation with either
service provider and actually OEX Street pays a service
fee to use omNovia software. We cannot guarantee the
accuracy and uninterupted delivery of these signals,
also known as trading alerts or set-ups, but we strive
to avoid problems that sometimes occur as we all deal
with technology glitches from time to time. OEX Street
may offer members an opportunity to lease or license
software. This software is NOT FOR SALE and remains
the property of New Millennium IBP, Inc. and OEX STREET.
The distribution of software is not a solicitation to
buy or sell securities nor is it to be construed as
trading advice or a recommendation to trade contracts.
Our purpose for leasing software to members, for a fee,
is to help them track our mechanical trading systems.
We do not recommend that members actually trade the
systems tracked by the software. Instead this software
should be used as a learning and informational tool.
We will not be held responsible for damages caused by
any files that you download from our website. We take
steps to help ensure that no harm will come to you by
downloading our software. However you must acknowledge
that we do NOT warrant this software and cannot guarantee
that you will be problem free. We've never had a single
problem in the past, but that doesn't guarantee future
results.
Free trials of our signal services are available, please
limit one free trial registration per household. Free
trials provide unrestricted access to our services and
provide an insight in to what our paying members receive.
No offer to buy or sell securities or recommendations
or advice will be provided. New Millennium IBP, Inc.,
and its principle shareholders or employees are not
licensend financial advisors or broker dealers and will
never provide recommendations or trading advice. All
information provided is for informational purposes only.
Market commentary is our opinion of the markets and
is not meant to be viewed as advice or a recommendation.
Our views on the market may not match your views and
opinions and you should conduct your own research and
consult your financial advisor before ever making a
decicison to trade contracts.
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Automatically Renewed Memberships
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Monthly Memberships renew every 30 days. Quarterly
Memberships renew every 90 days. Semi-Annual Memberships
renew every 180 days. Annual Memberships renew every
365 days. ALL PAID MEMBERSHIPS AND SUBSCRIPTIONS AND
SOFTWARE LEASES AUTOMATICALLY RENEW BASED ON THESE FIXED
TERMS. You should expect your credit card to be charged
accordingly.
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Canceling Memberships
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NO REFUNDS are offered for any reason. You may
cancel your membership at anytime. But you will not
receive a prorated refund of the remaining balance of
time. By submitting your credit card or personal check
or by making payment through an online third party system
you agree to these terms.
You are solely responsible for contacting
OEX Street to cancel your membership.
Your Membership remains active until you request cancellation,
and that order has been processed.
You will receive a confirmation via email that your
membership has been canceled. If you do not receive
a receipt, do NOT assume that your membership has been
canceled and be sure to request another one.
You may also cancel your membership by contacting OEX
Street by phone, 1-360-234-9474. If you cancel by phone,
leave your FULL NAME and your EMAIL ADDRESS.
If you do not hear back from OEX Street within 48 hours
of submitting your cancellation order, we have NOT
RECEIVED your request and you will need to resubmit.
Your request must be received at least three business
days prior to the expiration of your current paid membership.
Therefore, if you submit your request to cancel your
membership on the same day that your membership is scheduled
to renew you will be charged for the next billing period,
regardless. We understand that your individual circumstances
may change so please keep track of your billing cycle.
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Credit Card Statement
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Your credit card will be charged by New Millennium
IBP, Inc. which owns OEXSTREET.COM.
LOOK FOR "NEWMLNM.COM" ON YOUR CREDIT
CARD STATEMENT - Your statement will NOT reference oexstreet.com
Your credit card statement will NOT say OEX Street,
so please remember that "NEWMLNM.COM"
refers to your membership to OEX Street. You can visit
www.newmlnm.com
which identifies OEXSTREET.COM owned by New Millennium
IBP, Inc.
There are NO REFUNDS available for any portion of your
membership. By submitting your credit card or payment
via check, or through an online third party system,
you agree to these terms.
It is your responsibility to contact OEX Street to cancel
your membership. Your membership remains active until
you request cancellation and that cancellation is confirmed
via your e-mail receipt.
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MINORS
We do not provide services or sell products to children. If
you are below the age of 18, you may use our website only with the
permission and active involvement of a parent or legal guardian.
If you are a minor, please do not provide us with any personal information.
ANTI-SPAM POLICY
Our anti-Spam policy is part of, and subject to, these terms
and conditions of use. We hate unsolicited commercial e-mail as
much as you do. Also known as Spam or junk e-mail, it is a disservice
to the Internet community. We fully endorse and comply with the
requirements of the CAN-SPAM Act of 2003 (Controlling the Assault
of Non-Solicited Pornography and Marketing Act), and all other applicable
unsolicited commercial e-mail laws.
If you subscribe to any of the OEX STREET services or other communications
from us or our website, you will always have an option to unsubscribe
immediately. If you have additional questions, comments or concerns,
please contact us by sending
an e-mail to info[at]oexstreet.com and providing us with information
relating to your concern.
You may also mail your concerns to us at the following address:
New Millennium IBP, Inc.
791 N Hwy 77, Ste. 501C-136
Waxahachie, Texas 75165
USA
EXTERNAL LINKS POLICY
Our website contains hypertext links to websites and other information
created and maintained by other individuals and organizations. These
links are only provided for your convenience. We do not control
or guarantee the accuracy, completeness, relevance, or timeliness
of any information or privacy policies posted on these linked websites.
You should know that these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular
items do not reflect their importance, and are not an endorsement
of the individuals or organizations sponsoring the websites, the
views expressed on the websites, or the products or services offered
on the websites. We permit links to our website if they do not imply
an endorsement by, or affiliation with, our website. We review our
website periodically for broken or out-of-date links. Any and all
links may be posted, altered, or removed at any time. To report
problems with links on our website, or for more information about
this policy, please send an e-mail
to info[at]oexstreet.com.
LICENSEE STATUS
You understand and agree that your use of our website is limited
and non-exclusive as a nontransferable revocable licensee. We may
terminate your license to use our website, and access to our website,
for any reason, and without giving you notice.
CONTENT OWNERSHIP
All content on our website is owned by New Millennium IBP, Inc.
On behalf of ourselves, we claim all property rights, including
intellectual property rights, for this content and you are not allowed
to infringe upon those rights. We will prosecute to the fullest
extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission.
Any requests to use our content should be submitted to us by e-mail
to info[at]oexstreet.com. If you believe that your intellectual
property rights have been infringed upon by our website content,
please notify us by sending an e-mail
to info[at]oexstreet.com, or by sending mail to us at the address
listed below. Please describe in detail the alleged infringement,
including the factual and legal basis for your claim of ownership.
EARNINGS DISCLAIMER
You understand and agree that there are important risk factors
that should be considered by you when deciding whether to purchase
or subscribe to Signal Service(s) or Mechanical Trading System(s)
or to Lease Software. There is no promise or representation that
you will make a certain amount of money, or any money, or not lose
money, as a result of using our products and services.
NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS
You recognize and agree that we have made no implications, warranties,
promises, suggestions, projections, representations or guarantees
whatsoever to you about future prospects or earnings, or that you
will earn any money, with respect to your purchase or subscription
of Signal Service(s) or Mechanical Trading System(s) or by Leasing
Software, and that we have not authorized any such projection, promise,
or representation by others.
Any earnings or income statements, or any earnings or income examples,
are only estimates of what we think you could earn. There is no
assurance you will do as well as stated in any examples. If you
rely upon any figures provided, you must accept the entire risk
of not doing as well as the information provided. There is no guarantee
that you will make these levels for yourself. If we know typical
buyer results they are listed. Otherwise, we do not know typical
buyer results and you should take that into consideration. As with
any business, your results will vary and will be based on your personal
abilities, experience, knowledge, capabilities, level of desire,
and an infinite number of variables beyond our control, including
variables we or you have not anticipated. There are no guarantees
concerning the level of success you may experience. Each person's
results will vary.
There is no assurance that any prior successes or past results
as to earnings or income will apply, nor can any prior successes
be used, as an indication of your future success or results from
any of the information, content, or strategies. Any and all claims
or representations as to income or earnings are not to be considered
as "average earnings".
THE ECONOMY
The economy, both where you do business, and on a national and
even worldwide scale, create additional uncertainty and economic
risk. An economic recession or depression might negatively affect
the results produced by Signal Service(s) or Mechanical Trading
System(s) or by Leasing Software.
YOUR SUCCESS OR LACK OF IT
Your success in using the information or strategies provided
at oexstreet.com depends on a variety of factors. We have no way
of knowing how well you will do, as we do not know you, your background,
your work ethic, your dedication, your motivation, your desire,
or your business skills or practices. Therefore, we do not guarantee
or imply that you will get rich, that you will do as well, or that
you will have any earnings at all.
Internet businesses and earnings derived there from, involve unknown
risks and are not suitable for everyone. You may not rely on any
information presented on the website or otherwise provided by us,
unless you do so with the knowledge and understanding that you can
experience significant losses (including, but not limited to, the
loss of any monies paid to purchase Signal Service(s) or Mechanical
Trading System(s) or to Lease Software, and/or any monies spent
setting up and/or operating from Signal Service(s) or Mechanical
Trading System(s) or from Leasing Software), and further, that you
may have no earnings at all.
FORWARD-LOOKING STATEMENTS
MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED
AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT
INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE
MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING
STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS.
YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE
STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS
“ANTICIPATE,” “ESTIMATE,” “EXPECT,”
“PROJECT,” “INTEND,” “PLAN,” “BELIEVE,”
AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH
A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS
ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS
AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR
TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
DUE DILIGENCE
You are advised to do your own due diligence when it comes to
making business decisions and should use caution and seek the advice
of qualified professionals. You should check with your accountant,
lawyer, or professional advisor, before acting on this or any information.
You may not consider any examples, documents, or other content on
the website or otherwise provided by us to be the equivalent of
legal or financial advice. Nothing contained on the website or in
materials available for sale or download on the website provides
legal or financial advice in any way. You should consult with your
own attorney or financial advisor on any questions you may have.
We assume no responsibility for any losses or damages resulting
from your use of any link, information, or opportunity contained
within the website or within any information disclosed by the owner
of this site in any form whatsoever.
PURCHASE PRICE
Although we believe the price is fair for the value that you
receive, you understand and agree that the purchase price for Signal
Service(s) or Mechanical Trading System(s) or to Lease Our Software
has been arbitrarily set by us. This price bears no relationship
to objective standards.
TESTIMONIALS, CASE STUDIES & EXAMPLES
Testimonials, case studies, and examples found at oexstreet.com
are exceptional results, do not reflect the typical purchaser's
experience, don’t apply to the average person and are not intended
to represent or guarantee that anyone will achieve the same or similar
results.
Where specific income or earnings figures are used and attributed
to a specific individual, that individual has earned that amount.
There is no assurance that you will do as well using the same information
or strategies. If you rely on the specific income or earnings figures
used, you must accept all the risk of not doing as well. The described
experiences are atypical. Your financial results are likely to differ
from those described in the testimonials.
If a product or service is new, you understand that it may not
have been available for purchase long enough to provide an accurate
earnings history.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
ALL CONTENT AND INFORMATION on our website is provided on an
''as is,'' ''as available'' basis. You agree that your use of OEXSTREET.COM
is at your sole risk. We disclaim all warranties of any kind, including
but not limited to, any express warranties, statutory warranties,
and any implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. We do not warrant that our website
will always be available, access will be uninterrupted, be error-free,
meet your requirements, or that any defects in our website will
be corrected.
Information on our website should not necessarily be relied upon
and should not to be construed to be professional advice from us.
We do not guarantee the accuracy or completeness of any of the information
provided, and is not responsible for any loss resulting from your
reliance on such information.
If your jurisdiction does not allow limitations on warranties,
this limitation may not apply to you. Your sole and exclusive remedy
relating to your use of the site shall be to discontinue using the
site at OEXSTREET.COM
Under no circumstances will we be liable or responsible for any
direct, indirect, incidental, consequential (including damages from
loss of business, lost profits, litigation, or the like), special,
exemplary, punitive, or other damages, under any legal theory, arising
out of or in any way relating to our website, your website use,
or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to
our website shall not exceed one hundred ($100) dollars and that
amount shall be in lieu of all other remedies which you may have
against us. Any such claim shall be subject to confidential binding
arbitration as described later in these terms and conditions of
use.
There are unknown risks in any business, particularly with the
Internet where advances and changes can happen quickly. The use
of our information, products and services should be based on your
own due diligence and you agree that we are not liable for your
success or failure.
There is no promise or representation that you will make a certain
amount of money, or any money, or not lose money, as a result of
using our products and services.
Any earnings, revenue, or income statements are strictly estimates.
There is no guarantee that you will make these levels for yourself.
As with any business, your results will vary and will be based on
your personal abilities, experience, knowledge, capabilities, level
of desire, and an infinite number of variables beyond our control,
including variables we or you have not anticipated. There are no
guarantees concerning the level of success you may experience. Each
person's results will vary.
PROHIBITED USES
You will not assign, sublicense, transfer, pledge, sell, lease,
rent, lend, or otherwise dispose of the content, or any part of
it, or share your rights under this Agreement, to others. You will
not give others access to your username and password. You will not
violate any laws, third party rights, or this Agreement. This includes,
but is not limited to, not posting any material or content that
is defamatory or harassing. You will not provide false or misleading
information to us.
CONSENT TO USE INFORMATION
When you communicate with us, send us information, or provide
content to us or our website, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable right to exercise
all copyright and publicity rights you have in the content, in any
manner whatsoever, in any media now known or which may be created
in the future, including in other works and forms not associated
with this website.
NO WAIVER OF RIGHTS
Our failure to enforce any rights granted in this Agreement
or to take action against any other party in the event of any breach
shall not be deemed a waiver by us as to subsequent enforcement
of rights or subsequent actions in the event of future breaches.
INDEMNIFICATION
You understand and agree that you will indemnify, defend and
hold us harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, arising from your use of our website
or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
You accept that this Agreement in all respects shall be governed
by and construed according to the laws of the State of Texas, to
the exclusion of any other applicable body of governing law, without
regard to conflicts of laws provisions.
This Agreement is entered into in Ellis County,Texas. You consent
to the exclusive jurisdiction of Texas, for any dispute arising
from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from
or related to this Agreement will be a court located in Ellis County,
Texas.
You also agree that any dispute between you and us, excluding any
intellectual property right infringement claims we pursue against
you, shall be settled solely by confidential binding arbitration
per the American Arbitration Association Commercial Arbitration
Rules, which can be found at http://www.adr.org. All claims must
arbitrate on an individual basis, and cannot be consolidated in
any arbitration with any claim or controversy of anyone else. All
arbitration must occur in Ellis County, Texas, USA. Each party shall
bear one half of the arbitration fees and costs incurred, and each
party is responsible for its own lawyer fees.
You represent and agree that you are purchasing our services or
products for business purposes, and not for any consumer, personal,
or household use, and that you are not deemed to be a 'consumer'
and will not invoke arbitration rules applicable to consumers.
You agree that the arbitrator can enter a default judgment against
you if you do not follow AAA rules, and that default judgment can
be entered and enforced in any court of competent jurisdiction and
in the courts of the State of Texas.
ATTORNEY FEES
If we prevail in any claim then you agree to pay our attorney's
fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined
by an Ellis County, Texas, court of jurisdiction to be invalid or
unenforceable, that part shall be limited or eliminated to the minimum
extent necessary so that the remainder of these terms and conditions
are fully enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of
use should be brought to our attention by e-mail
to info[at]oexstreet.com, and providing us with information relating
to your concern.
You may also mail your concerns to us at the following address:
New Millennium IBP, Inc.
791 N Hwy 77, Ste. 501C-136
Waxahachie, Texas 75165
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If
such changes are made, they will be effective immediately, and we
will notify you by a notice posted on our home
page or other website location we deem appropriate of the
changes that have been made. If you disagree with the changes that
have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason
and at any time without notice to you. If you are concerned about
these terms and conditions of use, you should read them each time
before you use our website. Any questions or concerns should be
brought to our attention by sending an e-mail
to info[at]oexstreet.com, and providing us with information relating
to your concern.
This Agreement contains the complete and entire understanding and
agreement between you and us and supersedes any previous communications,
representations, or agreements, verbal or written, related to the
subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly,
or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice,
but only by amending this Agreement as posted on this website, unless
otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted
on the website, unless circumstances require that a change be immediately
implemented. As a condition for this Agreement you agree to periodically
check this Agreement posted at this page.
You agree that your continued use of our product or service after
that date will constitute your consent and acceptance of the amendment.
ENTIRE AGREEMENT
These terms and conditions, including the policies incorporated
herein by express reference, constitute your entire agreement with
us with respect to your use of our website.
Date of this Agreement: July 11, 2008
Modifications: December 8 , 2010 - changed Introduction
Copyright © 2008-2009 Law Office of Michael E. Young PLLC,
and licensed for use by New Millennium IBP, Inc., the owner of the
website at OEXSTREET.COM. All Rights Reserved. No portion of this
document may be copied or used by anyone other than the licensee
without the express written permission of the copyright owner.
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