BULLMARKET.COM TERMS OF USE AGREEMENT

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

Last revised: August, 2004

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

Indie Research, LLC ("we" "us", "BullMarket.com") provides the website known as BullMarket.com, as well as all services related to the website ("the Site"), including various newsletters ("Newsletters") currently consisting of The Bull Market Report, The Bull Market Report Weekly, The Bull Market Biotech Investor, The Bull Market MicroCap Review subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site or Newsletters, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between BullMarket.com and you, the user and/or member of the Site ("you").  We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

BullMarket.com is a publisher.  We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority.  The material provided on the Site is for general informational purposes only.  No information on the Site is intended as securities brokerage, investment, tax, accounting or legal 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.  The information on the Site should not be relied upon for purposes of transacting securities or other investments.  We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source.  You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.  Any sale or purchase of securities or ownership interest that results from information presented on the Site will be on a negotiated basis between the parties without any additional participation by or remuneration to BullMarket.com.

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 Site;
  
  
• 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 material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) 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 or its contents;
  
  
• 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.

Registration for Subscription Sites.  To have unlimited access to BullMarket.com, 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.

You agree not to transfer or resell your use of or access to BullMarket.com to any third party.  If you are a Bull Market Report or Bull Market Technical Investor subscriber, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing us at Help@BullMarket.com.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Payment and Renewal. Current subscription rates and charges for The Bull Market Report and The Technical Strategist are available by email at Help@BullMarket.com, or on The Bull Market Report Investor subscription pages.  Payment for your subscription is due in advance of the subscription period you select.  Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription.  The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins.

You agree to pay all fees and charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred.  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.

Cancellation.  You may cancel your subscription to any Newsletter by notifying our Customer Service Department at Help@BullMarket.com.  Cancellation will take effect no later than 10 business days after we receive your notification.  Monthly subscriptions will not be reimbursed or refunded.  Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.

How to Access or Modify Your Trial Membership Information.
BullMarket.com offers Trial Members the opportunity to access or modify information provided during registration.  Each new trial member to The Bull Market Report Daily also receives a free complimentary subscription to The Bull Market Report Weekly.  To access or modify this information, or to unsubscribe from one of our free reports like The Bull Market Report Weekly, please contact: Help@BullMarket.com.

Termination.  This Agreement shall remain effective until terminated in accordance with its terms.  BullMarket.com 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. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any monies that may be due according to the cancellation policy as defined on the Site, to terminate this Agreement without cause.

Services and Tools.  Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the Service.  By using any Service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them.  Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.

Sweepstakes, Contests, and Games.  Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules.  By entering such sweepstakes or contests or participating in such games you will become subject to those rules.

Claims of Copyright Infringement.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.  If you believe in good faith that materials hosted by BullMarket.com or one of its subsidiaries infringe your copyright (for example, materials posted to a Message Board), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  Notices and counter-notices with respect to the Site should be sent to Help@BullMarket.com.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use.  ©1997-2004 Indie Research, 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 republish, upload, post, transmit or distribute materials from the Site in any way 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.

"BullMarket.com", "The Technical Strategist", "The Bull Market Report Daily", "The Bull Market Report Weekly", "The Bull Market Biotech Investor", "The Bull Market Financial Investor", "The Bull Market Technology Monthly", "The Technical Strategist Semi-Monthly" and the "BullMarket.com" tag line and logo are all trademarks and/or service marks of BullMarket.com.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

Jurisdictional Issues.  The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations.  Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.  We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites.  The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites.  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 websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

DISCLAIMERS.  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, BullMarket.com, its officers, directors, employees, affiliates, suppliers, advertisers, and agents 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, and all warranties relating to the adequacy, accuracy or completeness of any information on the Site.  Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  BullMarket.com and its affiliates, suppliers, agents and sponsors do 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 BullMarket.com or its affiliates, suppliers, agents, members, or visitors, whether made on the Site or otherwise, shall create any warranty.  Your use of the Site and any materials provided through the Site is 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 Site's completeness or correctness.  In the event that such a situation arises, please contact us at Help@BullMarket.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.  For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.

Limitation of Liability.  Neither BullMarket.com, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. 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 by you, if any, to access the Site.

Indemnification.  You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives 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.

Miscellaneous.  This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regards to its principles of conflicts of law.  You agree to personal jurisdiction by the federal and state courts located in Trenton, New Jersey, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  This, together with all BullMarket.com policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT

BULLMARKET.COM PRIVACY POLICY
Last revised: August, 2004

Your privacy is very important to us. We want to make your experience with BullMarket.com as enjoyable and rewarding as possible, and we want you to use BullMarket.com's vast array of information, tools, and resources with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how BullMarket.com collects information from all end users of BullMarket.com's services (the "Services") -- those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Members"). It describes what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information.

BullMarket.com requests that you read this Privacy Policy carefully.

Introduction

BullMarket.com collects information in different ways from Visitors and Members who access the various parts of our Services. We use this information primarily to provide a customized experience as you use our Services, and generally do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that law requires such disclosure or other special cases described below.

Registration

Members are asked to provide certain personal information when they sign up for our Services including name, address, telephone number and billing information (such as a credit card number). The personal information collected from Members during the registration process is used to manage each Member's account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.

However, in instances where BullMarket.com and a partner jointly promote the Services, BullMarket.com may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, the partner may not use personal information for any other purpose.

BullMarket.com may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Your Credit Card Information is Secure

You have the option to submit your credit card information through one of our secure servers. Currently, all new subscriptions and renewal orders are placed through an encrypted, secured order server using Secure Socket Layers (SSL) technology. If you to prefer to place your order by telephone, you can call us during normal business hours at 1-888-428-6718 with your credit card and billing information.

BullMarket.com Partners and Sponsors

Some BullMarket.com products and services are offered to Visitors and Members in conjunction with a non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. BullMarket.com may need to share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

Online Advertisements

BullMarket.com displays our online advertisements. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser might tell us the audience they want to reach (for example, males between 25 and 55 years of age) and provide us with an advertisement tailored to that audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. However, BullMarket.com does not share personal information about its Visitors or Members with these advertisers.

Responses to Email Inquiries

When Visitors or Members send email inquiries to BullMarket.com, we use the return email address to answer the email inquiry we receive. BullMarket.com does not use the return email address for any other purpose and does not share the return email address with any third party.

BullMarket.com Email Referral Service

If you use our Referral Service to email one of our articles and/or information to a friend or colleague, you will need to provide us with that individual's email address. We will automatically send this person an email, attaching the recommended article, as well as invite them to visit and register at our website. We will not use these email addresses for any other purpose, nor will we ever make them available to any third party.

Email Marketing From Third Party Sponsors

In addition, from time to time, BullMarket.com sends, on behalf of third parties, promotions via mail to some or all of its subscribers. However, in no event does BullMarket.com sell or otherwise transfer to third parties the email addresses of its subscribers. BullMarket.com strictly maintains the confidentiality of its subscribers' email addresses. In addition, users are always given the opportunity of opting-out of these promotions.

Voluntary Customer Surveys

We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if a third party conducts the survey. Participation in our customer surveys is voluntary.

We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses from other BullMarket.com customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated; non-personally-identifying information may be shared with third parties.

Special Cases

It is BullMarket.com's policy not to use or share personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, BullMarket.com may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect BullMarket.com and our Members.

"Cookies" and How BullMarket.com Uses Them

A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. BullMarket.com may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. If you are a Member, we will use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information.

Advertisers and partners may also use their own cookies. We do not control the use of these cookies and expressly disclaim responsibility for information collected through them.

BullMarket.com's Commitment to Data Security

Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

Where to Direct Questions About BullMarket.com's Privacy Policy

If you have any questions about this Privacy Policy or the practices described herein, you may contact:

Customer Service
BullMarket.com
254 Witherspoon
Princeton NJ, 08542

Or, you can reach us via email at help@bullmarket.com.

Revisions to This Policy

Indie Research, LLC reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.

Thank you.