Agreement

Below is the Membership Agreement for JEFFMCTAGUE.COM. It is posted here for your reference. This is also where you will find posted updates to this Agreement in the future.
USE OF THE SERVICES FROM THE JEFFMCTAGUE.COM WEB SITE (AS WELL AS ALL OF ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIAL, SOFTWARE, AND GRAPHICS PROVIDED IN CONNECTION WITH THE WEB SITE) (COLLECTIVELY, "WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT ("MEMBERSHIP AGREEMENT"). BY CHECKING THE "I HAVE READ AND AGREE TO THE JEFFMCTAGUE.COM MEMBERSHIP AGREEMENT" BOX AND CLICKING THE "CONTINUE" BUTTON AT THE BOTTOM OF THE PREMIUM REGISTRATION PAGE, OR BY USING THE WEB SITE IN ANY MANNER: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE MEMBERSHIP AGREEMENT AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT.
JEFFMCTAGUE.COM may change the terms and conditions of this Membership Agreement at any time at its sole discretion. You will find notification of any such changes in the Membership area of the Web Site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, the current Membership Agreement can be found in the Membership area of the Web Site. By using the Service ("Service") associated with this Membership Agreement after notice of such changes is posted, you agree to be bound by those changes. If you do not agree to be bound by any such changes, you must immediately stop using the Service and cancel your subscription, as set forth below.
Use of Premium Content on the Web Site
Subject to the term and conditions of this Agreement, JEFFMCTAGUE.COM hereby grants you a revocable, non-transferable, non-exclusive, limited license to use the Service but only for your own personal. For purposes of this Agreement, the Service shall be deemed to be a part of the Web Site.
You may download or print hard copies of this Web Site and its content, but again, only in connection with your own personal use. Any such downloads/hard copies must contain the following notice:
" Copyright (c) 2005 JEFFMCTAGUE.COM. All rights reserved."
As a member subscriber, you may, without modification in any way, copy, distribute, disclose or circulate any material found on the website; however, you may not retransmit, sell or publish this Web site or any portion thereof without JEFFMCTAGUE.COM’S prior written consent.
JEFFMCTAGUE.COM has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Web Site (or any portion thereof). JEFFMCTAGUE.COM has no obligation to provide timely updates to the Web Site or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that the Web Site and the information contained in it are owned by JEFFMCTAGUE.COM and/or its third-party content providers ("Content Providers") and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains confidential and proprietary data and information of JEFFMCTAGUE.COM and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose.  Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement.
Disclaimer of Warranties
THE WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. JEFFMCTAGUE.COM DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER JEFFMCTAGUE.COM NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE WEB SITE. NEITHER JEFFMCTAGUE.COM NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE WEB SITE.
PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE.
NEITHER JEFFMCTAGUE.COM NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER JEFFMCTAGUE.COM NOR ITS CONTENT PROVIDERS WARRANTS THAT THE SERVICE COMPLIES WITH THE SECURITIES LAWS OF ANY JURISDICTION OR WITH THE REQUIREMENTS OF THE NASD.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.
Limitation of Liability
NEITHER JEFFMCTAGUE.COM NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM JEFFMCTAGUE.COM MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS MEMBERSHIP AGREEMENT, THE SERVICE, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY JEFFMCTAGUE.COM OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS MEMBERSHIP AGREEMENT. THE AGGREGRATE LIABILITY OF JEFFMCTAGUE.COM AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS SERVICES AGREEMENT, THE SERVICE, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVED UP TO AN AMOUNT NOT TO EXCEED $1,000. NEITHER JEFFMCTAGUE.COM NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF JEFFMCTAGUE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
Indemnification
You agree to indemnify, defend, and hold harmless JEFFMCTAGUE.COM, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including but not limited to attorneys' fees), or damages of any kind arising from or relating to: (i) your use of the Web Site; or (ii) your breach of this Membership Agreement.
Subscription and Service
You may not use the Service without a valid subscription from JEFFMCTAGUE.COM. To obtain a subscription, you must register for the Service either by completing the online registration form available on the Web Site.  Your subscription will not be valid unless and until JEFFMCTAGUE.COM accepts your registration. By registering for the Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify JEFFMCTAGUE.COM promptly of any changes to this registration information. This notification can be effected by calling the number listed below under "Customer Service and Product Support."
You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal.
JEFFMCTAGUE.COM RESERVES THE RIGHT TO CHANGE THE SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions of this Membership Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.
User Password
When you register as a subscriber, you select a password, which you may then modify at any time as often as you like. You may not select, and JEFFMCTAGUE.COM may modify or delete, any password that JEFFMCTAGUE.COM determines, in its sole discretion, violates any third party's rights or is offensive, improper, or inappropriate.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Membership Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY JEFFMCTAGUE.COM (USING THE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Printable Reports
JEFFMCTAGUE.COM offers reports and newsletters in .pdf format (each, a "Printable Report") that you can download from JEFFMCTAGUE.COM.com and print in accordance with the terms of this Premium User Agreement.
Charges and Billing Practices
The subscription fee charged will be based upon the subscription rate in effect at the start of each subscription term and apply whether or not you actually use the Service during that term. You can always find the current subscription rates by reviewing the pages on the Web Site.  Subscription fees are nonrefundable, except as set forth below.
JEFFMCTAGUE.COM reserves the right to change the fees it charges for products, services or features (collectively, "Products") offered in connection with the Service and/or the Web Site at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees.
Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the Service ("your credit card").
You must promptly notify JEFFMCTAGUE.COM (as set forth below) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided JEFFMCTAGUE.COM regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, JEFFMCTAGUE.COM will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, JEFFMCTAGUE.COM shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys' fees) incurred by JEFFMCTAGUE.COM in collecting any unpaid subscription fees or other charges from you.
Cancellation
You may cancel your subscription by notifying JEFFMCTAGUE.COM of such cancellation, by calling the telephone number listed below under "Customer Service and Product Support." JEFFMCTAGUE.COM will not process cancellations submitted via email.
If you cancel your subscription at any time, your membership will continue in effect until your anniversary day, then terminate on that day. (For example, if you join on January 1 and you cancel on June 15, your membership continues until January 1 of the following year, at which time it ends.) .  Mid-term cancellations do not qualify for any refunds of the subscription fee, whole or prorated.
JEFFMCTAGUE.COM may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Membership Agreement or any portion of the Free Membership Agreement, incorporated herein by reference above; or (ii) your use of or access to the Service or the Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Service or any other service offered by JEFFMCTAGUE.COM on the Web Site. None of the foregoing limits any other legal, equitable, or contractual rights available to JEFFMCTAGUE.COM.
JEFFMCTAGUE.COM may, in its sole discretion, choose not to renew your subscription by providing you with notice of nonrenewal at any time during your subscription term at the e-mail address you provided when completing your registration. In the event of the foregoing, your subscription will cease and not be eligible for renewal at any time.
Customer Service and Product Support
For customer service related to your Service subscription (including information regarding registration and billing), contact JEFFMCTAGUE.COM via telephone at (434) 953-8608.
For technical and product support related to your Service subscription, contact JEFFMCTAGUE.COM via e-mail at JEFF@JEFFMCTAGUE.COM or by telephone at (434) 953-8608.
Governing Law and Jurisdiction
This Membership Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Virginia, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of Virginia. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Albemarle County, Virginia, U.S.A., for any action or proceeding arising under or relating to this Membership Agreement, the Service, the Web Site, or the use of, or reliance on, any of them, whether based in contract or tort or otherwise.
Entire Agreement
This Membership Agreement and the Free Membership Agreement together constitute the entire agreement between you and JEFFMCTAGUE.COM regarding the subject matter hereof, and supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Severability
To the maximum extent possible, each provision in this Membership Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Membership Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Membership Agreement.
This Membership Agreement was last updated on August 15, 2007.