Member Agreement and Risk Disclosure

Last revised: November 27, 2007

You are under no obligation to subscribe at this time, but you must accept the terms set forth before you can proceed. This is for your protection, so please take the time to go over the document.

StockMarketTiming.com, LLC provides the service subject to your compliance with the terms and conditions set forth in this Agreement. By using any information from our web site, you agree to be bound by these terms and conditions. And, by joining StockMarketTiming.com, LLC you indicate your acknowledgment and total acceptance of all of the risks as described in this agreement. If you do not agree to these terms and conditions, please do not use the site.

You must be at least 18 years of age to use the site. If you are younger than 18 years of age, please do not access or use the site.

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

This Agreement is made between StockMarketTiming.com, LLC and you, the user and/or member. We reserve the right at any time to: - Change the terms and conditions of this Agreement; - Change the site, including adding, eliminating or discontinuing any content, service, or feature of the site; or - Change any fees or charges for use of the site. Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on the site or via electronic mail. Your use of the site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Risk Disclosure: The material provided on our site is for general informational purposes only. The information provided by StockMarketTiming.com, LLC is based on sources believed to be reliable but is not guaranteed to be accurate. No information on the site is intended as investment advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. Your membership fee only pays for you to access the members page for the service selected. This page only expresses our opinion. Our opinion is not to be construed as any sort of investment advice. Our opinion may and will be wrong at times due to the inherent limitations of technical analysis. Technical analysis is not a science that predicts precise and accurate results. Technical analysis can not be used with any degree of accuracy to predict or forecast the unknown factors that make up the short-term volatility, trend, and future direction of the stock market. The information on the site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The stocks mentioned on our site may be unsuitable for investors depending on their specific investment objectives and financial position. You are responsible for your own investment research and decisions, and should seek the advice of a qualified and registered securities professional before making any investment. There is a substantial amount of risk in trading stocks, and the possibility exists that you can lose all or a portion of your capital. There are substantial amount of risk if you use our signals to buy and sell stock. Disclosure Policy: StockMarketTiming.com, LLC does at times hold positions of the ETFs (i.e, DIA, SPY, and QQQ) that are described on the site. Only company or personal funds will be used at times to either purchase or short sell securites of DIA, SPY, and QQQ. We attempt to trade the above mentioned stocks depending on the direction of the signals produced. At the time of publication, StockMarketTiming.com, LLC will not have a position in any security that is mentioned on the SMT's Premium Stocks web page. SMT's Premium Stocks contain StockMarketTiming.com's opinions, which are provided only for informational purposes, and no mention of a particular security constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction, investment strategy is suitable for any specific person. You further understand that StockMarketTiming.com, LLC will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained on the SMT's Premium Stocks web page may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. SMT's Premium Stocks past results are not indicative of future performance. Private Privacy: Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. Code of Conduct: While using the site you agree not to: - Restrict or inhibit any other visitor or member from using the site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the sites; - Use the site for any unlawful purpose; - Express or imply that any statements you make are endorsed by us, without our prior written consent; - Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); - Engage in spamming or flooding; - Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; - Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the site; - Remove any copyright, trademark, or other proprietary rights notices contained in the site; - Frame" or "mirror" any part of the site without our prior written authorization; - Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the site; - Harvest or collect information about site visitors or members without their express consent; or - Permit anyone else whose account or subscription was terminated to use the site through your subscription, username or password. While using the site you agree to comply with all applicable laws, rules and regulations. Membership Access: To have access to our site, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the site. Access to and use of password protected and/or secure areas of the site is restricted to authorized members only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution. You agree not to transfer or resell your use of or access to our site to any third party. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD. Payment: Your annual subscription fee is made payable to StockMarketTiming.com, LLC. You will be notified through e-mail of any changes to our annual subscription rate. Payment for your subscription is due prior to using our services. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You have 30 days from the date that any discrepancies in your statement or any invoice first appear to notify us; after that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. Renewal: Your subscription will not be renewed automatically. We will send you an e-mail notification about 10 days prior to your renewal period, as a friendly reminder to renew your membership. If you choose to renew your membership, procedures for renewal will be provided in the e-mail notification. You do not have to renew your membership or respond to the e-mail notification. Any member who does not renew or respond to the notification will be automatically deleted from our database and will not be billed. Your membership fee pays for you to access our members page and for you to receive correspondences through e-mail as set forth by the service you selected. Any and all information presented on our web site only expresses our opinion. Our opinion is not to be construed as any sort of investment advice. Our opinion may and will be wrong at times due to the inherent limitations of technical analysis and unknown factors that make up the volatility within the stock market. Technical analysis is not a science with exact nor predictable results. Cancellation: You may cancel your annual subscription to StockMarketTiming.com, LLC at any time. We offer a 100% money back guarantee (full refund) only for the first three days after you have become a member. After the first three days have expired, your membership fees are nonrefundable. We do not offer any pro-rated refunds for the remaining time of your subscription, since our merchant business account with Yahoo.com does not allow us to issue any partial payments. To cancel, you must contact us via e-mail at webmaster@stockmarkettiming.com, and you must submit your Order Number. Without an order number, we can not process any refunds, even if you cancel your subscription within the 3-day grace period. Cancellation will take effect no later than 24 hours after we receive your notification. Based on how we are set up with our Yahoo.com! business plan and our merchant business account with Paymentech.com, We are not able to switch between the various plans. Meaning, if a member has joined one plan and requests to remove him/her from the plan that he/she has joined, and then become a member of a different plan, we can not allow this. Our merchant business account with Paymentech.com does not allow us to issue any partial payments or refunds. Therefore, We can not make partial refunds for the difference in prices between the plans. For example, if a member has joined the Gold Plan, and wants to switch to the Silver Plan, we can not allow this. Even if he/she states they wouldn't want the difference of price between the plans (i.e., meaning it is to our advantage), we are not set-up to allow this. To become a member of another plan, a member must pay in full the fees due for that plan. Termination: This Agreement shall remain effective until terminated in accordance with its terms. StockMarketTiming.com, LLC may terminate this Agreement, and/or your access to and use of the site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. Ownership and Restrictions on Use: 2000 - 2008 StockMarketTiming.com, LLC. All Rights Reserved. The site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the site, and download and/or print out only one copy of any materials on the site, solely for your personal use. You may not reproduce, republish, sell, broadcast, upload, post, transmit, circulate or distribute materials from the site in any manner, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the site. Links to Other Websites: The site may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other web sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Disclaimers: StockMarketTiming.com, LLC is not a Registered Investment Advisor or a Broker / Dealer. The site, the materials on the site, and any product or service obtained or accessed through the site are provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, StockMarketTiming.com, LLC disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. StockMarketTiming.com, LLC does not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume total responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement of StockMarketTiming.com, LLC, whether made on the site or otherwise, shall create any warranty. Your use of the site and any materials provided through the site are entirely at your own risk. A possibility exists that the site could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the site. Although we attempt to ensure the integrity of the site, we make no guarantees as to the sites' completeness or correctness. In the event that such a situation arises, please contact us at webmaster@stockmarkettiming.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. Limitation of Liability: StockMarketTiming.com, LLC specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or in any way connected with access to or use of the site (even if StockMarketTiming.com, LLC has been advised of the possibility of such damages). This includes, but not limited to, lost profits or trading losses. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid to you, if any, to access the site. Indemnification: You agree to indemnify, defend and hold us harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the site or any services related to the site. Pricing Information: Current rates for our services may be obtained by e-mail at webmaster@stockmarkettiming.com. Current rates are provided on the Join Page of the web site. We reserve the right to change our annual subscription fee or to institute new fees at any time as provided in this Agreement. We reserve the right at any time after a site visitor becomes a paying customer (or member) to change the services provided to the customer. Meaning, instead of providing SMT's Weekly Newsletter on a weekly basis, we may elect to change the newsletter written on a weekly basis to one that is written at the time of a new signal change. Stock Information: Regarding SMT's Premium Stocks Service, we reserve the right to change the number of stocks we post on our web site at any given time. As of now, one new stock will be provided for members of this service prior to market opening on Monday and Wednesday. Risks of Margin Trading: If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, in order to maintain your position. If you do not provide the required funds within the specified time, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account. You are to consult with, understand, and acknowledge the risks of margin trading with your broker and abide by their membership agreement. Inherent Limitations: Data points used to produce our results were sometimes derived through hypothetical reasoning based on a variety of technical indicators. This type of performance through back testing has many inherent limitations. We do not make claims that historical performance will be indicative of future results. There will be substantial differences between historical performance and future performance. You understand and acknowledge that the stock market can be a difficult environment to appreciate your capital and an easy environment to depreciate your capital. As with any stock trading program, there is a substantial amount of risk. Hypothetical stock trading does not involve financial risk that is incurred by actual stock trading. SMT's ETF - Market Timing System has been back-tested using data from years 2000 and the 1st 1/2 of 2001. The system went live in July 2001. Internet and Transmission Risks: The use of the Internet to transmit and receive information creates additional risk. In the event that a new signal is produced, StockMarketTiming.com, LLC will attempt to distribute this change in signal status via e-mail and to post this change in signal status on the web site. However, StockMarketTiming.com, LLC cannot be responsible for delay in transmitting the information described on this site in a timely manner resulting from problems with Internet connectivity either by us or you, or by slowdowns of Internet transmittal of information. We are not responsible for policy changes made to our or the recipient's web host server e-mail system. We are also not responsible for delays or interruptions in transmission of information due to man-made or natural causes. Man-made causes are such as, but not limited to, governmental or civilian confrontations or disturbances, both foreign and domestic, including terrorism. Natural causes are such as, but not limited to, earthly geological and climatic events, and extra-terrestrial disturbances such as, but not limited to, meteors, comets, and asteroids.

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If you have any additional questions or concerns, please write to webmaster@stockmarkettiming.com