Important - Read Carefully: This End User License Agreement ("EULA") is a legal agreement between you and Jalexa Trading Consultants, LLC. ("Jalexa") for the Phoenix Stock Trading System, which may include associated media (including without limitation CDs and DVDs), printed materials, and "online" or electronic subscription documentation (collectively the "Product"). BY CLICKING THE "ACCEPT" BUTTON OR BY INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THIS PRODUCT, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EULA, WITHOUT LIMITATION OR QUALIFICATION. IF YOU ARE PURCHASING A SUBSCRIPTION SERVICE, YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNLESS YOU REQUEST TO TERMINATE YOUR SUBSCRIPTION AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE PRESS THE "REJECT" BUTTON AND DO NOT INSTALL, COPY, ACCESS OR OTHERWISE USE THE PRODUCT.

License Grant. The Product is protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The Product is licensed on a non-exclusive basis, not sold. You may install and use the Product on one computer, and may use the Product for your personal, non-commercial use only. If the Product contains documentation that is provided in electronic form, you may print one copy of such documentation. All rights not expressly granted are reserved by Jalexa. Not limiting the foregoing, this EULA does not grant you any rights to (and you are prohibited from): (i) granting any sublicense, distributing or transmitting the Product in whole or in part; (ii) modifying the Product; (iii) reverse engineering, decompiling, or disassembling the Product, except as expressly permitted by applicable law; (iv) using any trademarks of Jalexa; or (v) using the Product for purposes other than your personal purposes. Your rights under this EULA may not be transferred, leased, assigned, or sublicensed. Any purported attempt to transfer, lease, assign, or sublicense your rights will be void.

Confidentiality. The Product contains information and valuable trade secrets that are not generally known to the public. You must treat as confidential and preserve the confidentiality of the Product, and must not disclose any portion of the Product to any third party. The foregoing obligation does not apply to any information that: (a) is already in your possession as shown by documentation; (b) is or becomes publicly available through no fault of your own; or (c) is obtained by you from a third person without breach by such third person of an obligation of confidence. Information will not be deemed to be within the foregoing exceptions merely because it is: (i) embraced by more general information in the public domain or in the possession of the party receiving such information, or (ii) a combination of individual items of information that could be pieced together to reconstruct such combination from non-Confidential Information.

Subscription Terms. Jalexa offers two types of subscriptions, Individual and Institutional. If you elect to subscribe under an Individual Account, you agree to use any and all information provided by Jalexa for your personal use ONLY. If you elect to subscribe under an Institutional Account, you agree to use the information provided by Jalexa for your business purposes only in accordance with all other Site Terms and Condition of Use. You further agree that you will not use Jalexa's name without prior written consent and that you will not hold yourself out as being affiliated with Jalexa or the Phoenix Stock Trading System.

Ownership of Intellectual Property. As between you and Jalexa, all rights in and to the Product are owned by Jalexa, including all rights provided under copyright law, trademark law, patent law, trade secret law, and all other forms of proprietary and intellectual property protection.

Termination. Without prejudice to any other rights, Jalexa may terminate this EULA if you fail to comply with the terms of this EULA. In such an event, you must destroy all copies of the Product. You may terminate this EULA at any time by discontinuing use of the Product, erasing the Product from all computer memories and storage devices within your possession or control, and destroying all materials obtained from Jalexa and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Generally, in the event of termination by you or Jalexa, you will not receive a refund of any license fees paid by you for use of the Product. However, refunds will be considered on a case-by-case basis in limited circumstances, and will be provided for just cause. Subscription services may be terminated at any time, and must be requested via e-mail to TheChartguy@aol.com. When you send us a request for termination, your current subscription will run its course to the end of the current billing cycle, at which point the subscription will become inactive and your account will be cancelled. Termination is not effective until you receive an e-mail confirming such termination from Jalexa.

Support Services; New Versions of Product. Jalexa may provide you with support services related to the Product ("Support Services") in its sole discretion. This EULA (and any materials posted on Jalexa's web site or provided to you from time to time) govern the use of any such Support Services. This EULA grants you a license only to the current version of the Product. If Jalexa makes available any new or enhanced versions of the Product ("New Versions"), Jalexa may provide you with notice and the opportunity to purchase any such New Versions. The terms of this EULA will govern the license of any New Versions unless a new EULA is provided with such New Version.

U.S. Government Restricted Rights. The Product has been developed entirely at private expense. In the event the U.S. Government seeks to obtain the Product pursuant to standard commercial practice, this EULA, instead of any government regulatory clause, will control the terms of the U.S. Government's license.

Disclaimer of Warranties; Exclusion of Damages; Limitation of Liability.

Your use of the Product is at your own risk. If you are dissatisfied with the Product, or with any terms of this EULA, your sole and exclusive remedy is to discontinue accessing and using the Product. Jalexa assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of the Product. There may be inadvertent technical or factual inaccuracies in the Product, and Jalexa reserves the right to make changes and corrections to the Product at any time, without notice. Jalexa also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of this Product or your downloading of any materials contained within or accessed from the Product.

Use of this site and the materials on this site is at subscribers' and other investors' own risk. If dissatisfied with any of the materials contained in this site, subscribers and other investors sole and exclusive remedy is to discontinue accessing and using this site. Jalexa and its third party service providers assume no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the materials contained on this site. There may be inadvertent technical or factual inaccuracies in the materials, and Jalexa and its third party service providers reserve the right to make changes and corrections to the materials at any time, without notice. Jalexa and its Third Party Service Providers also assume no responsibility and are not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Materials from this Site.

Investing in securities is highly speculative and carries a high degree of risk. It is possible that an subscribers' and other investors' entire investment may be lost or impaired due to the speculative nature of investing in the stock market. Although Jalexa and its third party service providers attempt to provide accurate and timely information, neither Jalexa nor its third party service providers guarantee the accuracy, timeliness, or completeness of such information, and provide no warranty regarding any results from the use of or reliance on such information. Assumptions, opinions and estimates have been made in the judgment of the employees, consultants or analysts of Jalexa and its third party service providers (collectively "Employees") as of the date the materials are first made available on the site, and are subject to change without notice. The materials may quickly become unreliable for reasons including changes in economic circumstances, and Jalexa and its third party service providers are not obligated to update the materials at all or within a designated time period. Nothing contained in the site or the materials shall be deemed a solicitation, recommendation, endorsement, or offer by Jalexa or its third party service providers to buy or sell any securities or other financial instruments.

All subscribers and other investors should make their own decisions, conduct their own research and due diligence, and obtain professional advice prior to making any investment decision. Securities, financial instruments, or strategies described in the materials may not be suitable for all subscribers and other investors. The materials do not take into account any particular investment objectives, financial situations or needs, and are not intended as a recommendation of particular securities, financial instruments or strategies to any specific subscribers or other investors. Before acting on any information in the materials, subscribers and other investors should consider whether it is suitable for their particular circumstances and, if necessary, seek professional advice. Subscribers and other investors should not merely copy stock profiles or recommendations offered by Jalexa. The research of subscribers and other investors should include, but is not limited to, each company's quarterly and annual reports, SEC filings, press releases and financial statistics. Information that may be helpful in doing such research may be found at websites, including without limitation the Securities and Exchange Commission at http://www.sec.gov, the National Association of Securities Dealers at www.nasd.com, and the SEC's EDGAR web site at http://www.sec.gov/edgar.shtml.

The Site and the Materials may contain predictions regarding the future performance of certain stocks, which may be construed as "forward-looking statements" within the language of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results to differ materially from those anticipated. Risks, uncertainties, changes, conditions, and unforeseen acts, can materially and adversely alter the expectations contained in any such forward looking statements. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance may be considered "forward-looking statements". Forward-looking statements may be identified through the use of words such as "expect", "anticipate", "estimate", "believe", or by statements indicating certain actions "may", "could", or "might" occur; among others. Forward-looking statements are inherently uncertain, and the actual results may differ from our expectations. Past performance of any stock profiled by Jalexa or a Third Party Content Provider is not indicative of future results. At no time should any past performance be used to predict future returns, and we make no guarantee of any future performance, volatility, volume, or price increases or decreases of any security we profile.

Neither Jalexa nor its third party service providers is an investment adviser within the meaning of any federal or state law, rule or regulation or a fiduciary to any subscriber or other investor under any federal or state law, rule or regulation including without limitation the federal Employee Retirement Income Security Act of 1974. No client, advisory, fiduciary, or professional relationship is implicated or established between any subscriber or other investor and Jalexa or any third party service provider. Neither Jalexa nor any third party service provider is engaged in providing auditing, accounting, financial tax, legal, advisory consultant or other professional service or advice.

The views expressed in the materials reflect the personal views of the Employees. No part of the Employees' compensation is directly or indirectly related to the specific recommendations or views expressed in the materials. Employees or directors of Jalexa or its third party service providers may or may not actively trade in investments discussed on this site or in the materials (whether before or after information regarding investments is made available on the site or in the materials), and they may increase or decrease these positions without notice. Information provided on the site and in the materials should not be regarded as legal, tax, accounting or investment advice.

The information provided on this site or with products on this site may include information provided by outside sources, such as research reports, public filings or computer databases and information provided to Jalexa by management of the profiled company. Jalexa does not represent, warrant or guarantee the accuracy or completeness of the disclosures by the profiled companies. Subscribers and other investors should not rely solely on the information presented, but should use the information provided by the profiled companies as a starting point for doing additional independent research on the profiled companies in order to allow the investor to form his or her own opinion regarding investing in the profiled companies. The receipt of this information shall not create, under any circumstances, any implication that there has been no change in the affairs of the company profiled since the date of the review. The analyses contained in this site are not complete studies of the featured companies. Jalexa makes no claim that it has fully investigated the financial, accounting or business practices of the companies or markets that we have profiled.

There are numerous risks involved in trading in securities, including using the Phoenix Stock Trading System. This disclosure does not cover all of the risks involved in trading, and subscribers and other investors should consult with their own advisers regarding these risks. The securities markets are highly efficient and successful trading requires skill. Trading in securities is a highly speculative activity, and traders must ensure that they are able to bear all losses. There can be no assurance that the investment objectives of subscribers and other investors will be achieved or that subscribers or other investors using the Phoenix Stock Trading System will not lose all or a portion of its investments. The investment returns and principal value of securities will fluctuate over time. All investments carry a degree of risk, and it is important to review investment objectives, risk tolerance, tax objectives, and liquidity needs before choosing an investment style.

The Phoenix Stock Trading System recommendations may include short sales, which generally involve an even higher degree of risk than other transactions. Short sales are transactions in which an investor sells a security it does not own, in anticipation of a decline in the market value of the security. To complete the transaction, the investor must borrow the security to make delivery to the buyer. The investor is obligated to replace the borrowed security by purchasing it at the market price at or prior to the time of replacement. The price at the time of replacement may be more or less than the price at which the security was sold by the investor. The investor is also required to repay the lender any dividends or interest that may accrue during the period of the loan. To borrow the security, the investor may be required to pay a premium, which would increase the cost of the security sold. As with all securities transactions, transaction costs will also be incurred in effecting short sales.

The investor will incur a loss as a result of the short sale if the price of the security increases between the date of the short sale and the date on which the investor replaces the borrowed security. A gain will be realized if the security declines in price between those dates. The amount of any gain will be decreased, and the amount of any loss increased, by the amount of the premium, dividends, interest or expenses the investor may be required to pay in connection with a short sale. An increase in the value of a security sold short by the investor over the price at which it was sold short will result in a loss to the investor, and there can be no assurance that the investor will be able to close out the position at any particular time or at an acceptable price. The investor's market risk in connection with a short sale is unlimited in that the increase in the market price of the security sold short is unlimited. Other types of securities, including options, carry their own special risks. Subscribers and other investors should consult with their advisers before implementing any Phoenix Stock Trading System recommendations.

Past performance does not guarantee, and is not indicative of, future results. Performance results shown on this website reflect the performance of hypothetical accounts and do not reflect the performance that can be expected by another account. The performance results shown do not reflect the reinvestment of dividends and other earnings, if any, but do reflect the deduction of model trading and other expenses, which may be higher or lower than actual expenses incurred by subscribers or other investors. The hypothetical model portfolios on which the performance results shown are based cannot be replicated because of differences in market conditions; subscriber-imposed and other investor investment restrictions; the timing of investments and withdrawals; tax considerations; economies of scale; portfolio turnover; the number, type, availability, and diversity of securities that can be purchased at a given time; and other factors. The performance results of subscribers and other investors may vary significantly from the performance results shown on this site and will depend primarily on their skill in making investments. No chart, formula, investment style, or other device should in and of itself be used to determine which securities to buy or sell, or when to buy or sell them.

Jalexa and its members, employees, affiliates and subscribers may have long or short positions (or options or warrants relating to such positions) in any of the securities or sectors discussed on the site and may purchase or sell these securities, options or warrants from time to time in the open market or otherwise, which may be at different times (including prior to information regarding those securities or sectors is made available on the site) and prices than those reflected on the site.

Neither Jalexa nor any other party involved in creating, producing, or delivering this site or the materials is liable for any incidental, consequential, indirect, special, punitive, or any other damages arising out of any subscriber's or other investor's access to, or use of, this site. Additionally, neither Jalexa nor any other party involved in creating, producing, or delivering this site or the materials is liable to any institutional subscriber or any other investor, for any damages that may arise out of recommendations or investments any institutional or individual subscriber, or any other investor, may make or recommend in its own or customer accounts based on any information it receives from Jalexa. Without limiting the foregoing, everything on this site is provided to subscribers or other investors "as is" without warrant of any kind. To the full extent permissible pursuant to applicable law, Jalexa and its third party service providers disclaim all warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, non-infringement, lost revenues, or lost profits.

Neither Jalexa nor any other party involved in creating, producing, or delivering this site or the materials provides any guarantee against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data, and Jalexa and its third party service providers expressly disclaim all liability for errors or omissions in, the misuse or misinterpretation of, or the reliance on any information contained in the materials. Subscribers and other investors assume the entire risk as to the use of the site and the materials. In no event will the liability of Jalexa or any third party service provider to any subscriber, investors or any third party exceed the amount of any fees the subscribers have paid for access to the site or the materials, if any. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply in all cases.

THE PRODUCT, AND ANY SUPPORT SERVICES, ARE PROVIDED AS IS. JALEXA (AND ITS SUPPLIERS AND AFFILIATES) MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN, AND PROVIDE NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. IN NO EVENT WILL JALEXA (OR ITS SUPPLIERS AND AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING IN CONNECTION WITH THE USE OF THE PRODUCT, OR FOR RELIANCE ON ANY OF THE MATERIALS PROVIDED THEREIN. JALEXA (AND ITS SUPPLIERS AND AFFILIATES) EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE PRODUCT AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JALEXA (OR ITS SUPPLIERS AND AFFILIATES) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY SUPPORT SERVICES, EVEN IF JALEXA (OR ITS SUPPLIERS AND AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JALEXA'S LIABILITY (OR THAT OF ITS SUPPLIERS AND AFFILIATES) EXCEED THE AMOUNT YOU PAID FOR THE "PRODUCT". Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Indemnification. You agree to immediately notify Jalexa of and to indemnify and to hold Jalexa harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to this EULA or your access to, and use of, the Product. You shall use your best efforts to cooperate with us in the defense of any claim. Jalexa reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General. This EULA and the rights and obligations of the parties with respect to the Product will be governed by, and construed in accordance with the laws of the State of Colorado, USA, without reference to the choice of law principles thereof. Any actions, proceedings or suits concerning or relating to this EULA may only be brought in a court of competent jurisdiction in Denver, Colorado, or in the U.S. District Court for the District of Colorado in Denver, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this EULA is found unenforceable, it will not affect the validity or enforceability of any other provision of this EULA and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. The Product may not be shipped into any country or used in any manner prohibited by law, regulation or order. Except as provided below, no amendment, modification, or waiver of any provision of this EULA will be effective unless it is set forth in a writing signed by an authorized officer of both parties. This EULA constitutes the complete agreement between you and Jalexa with respect to the Product and supersedes all proposals (oral or written), all previous negotiations, and all other communications, except as set forth above. Jalexa may at any time, in its sole discretion, revise the terms of this EULA by updating them on the Jalexa web site's legal page ("Site Terms and Condition of Use"). You are bound by any such revisions and should therefore periodically visit this page to review the current EULA.