Terms of Access and Use Policy

1. Acceptance of Terms

The following are terms of a legal agreement (the “Agreement”) between you (“you” or “Visitor”) and Jalexa Trading Consultants, LLC (“Jalexa”). By accessing, browsing and/or otherwise using the Momentum Rider Web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by this Agreement, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treatie.

These terms of access and use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Jalexa regarding the Momentum Rider Stock Trading System (the “System”), whether it be for related products, services or otherwise, unless otherwise directed by Jalexa. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. This Agreement and our Privacy Policy may change from time to time. By using the Site you agree to be bound by any such revisions and should therefore periodically return to this page and the Agreement to determine the then current terms and conditions to which you are bound.

2. Description of Products, Services, and Content

Through the Site, Jalexa provides Visitor with access to a variety of materials including but not limited to eBooks, digital media (DVD, CD, MP3 audio), articles, software, special reports, or other printed material and books (collectively, “Products”). Jalexa provides Visitor with access to a variety of services including but not limited to webinars, seminars, chat or trading rooms, e-mail communications and alerts, advertising, subscriptions to stock and option lists and model portfolios, specialized coaching services regarding the use of the System, stock market and related newsletters, and other information and consulting services (collectively, “Services”). Jalexa also provides Visitor with access to all Site content, including, without limitation, text, pictures, images, graphics, audio and video clips, logos and all other material or information relating to the Products, the System, or the Services (collectively the “Content”).

3. Operator

The Site is operated by Jalexa Trading Consultants, LLC, a company formed under the laws of Colorado whose principal business address is 10343 Federal Blvd. Unit J #239, Westminster, Colorado 80221. Jalexa Trading Consultants, LLC makes no representation that the Site, or the System, the Products or the Services available through it, are appropriate or available for use at other locations outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. Access to the Site from territories where the Site or Content is illegal is prohibited.

4. User Names and Passwords

When you subscribe to the Momentum Rider Stock Trading System (the “System”), purchase Products or Services via the Site, or sign-up to receive our free trials of Products or Services, you’ll have to provide your name and email address in order to select your User Name and password. At your option, you may also provide your address, zip code, and a daytime telephone number where we can reach you. You agree that the information you provide will be accurate and complete and that you will inform us of any changes using our Contact Form. If any information provided by you is false, inaccurate, not current, or incomplete, Jalexa reserves the right to terminate your subscription and access to the Site and the System. Please note that we may refuse to grant you a User Name if we believe that it impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, or is vulgar, offensive, or might cause confusion. You must keep your user name and password confidential and not share or transfer your use of or access to the System, Products, or Services with or to any third parties. You will be responsible for all activity that occurs under your password, including any damages resulting from the unauthorized use of your password. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify our customer service department by email at techsupport{at}momentumrider.com or by telephone at 1-800-319-3403, between the hours of 9:00 a.m. and 5:00 p.m. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

5. Privacy and Protection of Personal Information

See the Privacy Policy for details regarding how we collect and use your personal information.

6. Web Site is not Engaged in Rendering Professional Investment Advice or Other Professional Advice

a. Content, Products, and Services are provided for informational purposes only and are not intended as a substitute for professional investment or other advice. Where such advice is needed, the assistance of a competent, qualified investment professional should be sought. 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 of its third party service providers are engaged in providing auditing, accounting, financial tax, legal, advisory consultant or other professional service or advice. Any coaching services provided by Jalexa relate strictly to the use of the System and do not constitute financial or investment advice. Prior to subscribing to the System or purchasing Products or Services, Visitor is required to read our Disclaimer.

b. Options. Options involve risks and are not suitable for everyone. Option trading can be speculative in nature and carry substantial risk of loss. Prior to buying or selling an option, an investor should read and understand the booklet “Characteristics and Risks of Standardized Options.” You can access and download a copy of the booklet on The Options/Clearing Corporations (OCC) website at http://www.theocc.com/about/publications/character-risks.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing Jalexa, the System, the Products, or the Services. This booklet is also available for free from your broker or from any of the U.S. options exchanges.

c. Brokers. Jalexa is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. Jalexa is not and will not be responsible for any trades made by a broker on Visitor’s behalf under any circumstances.

d. NASD Information. We encourage our Visitors to invest carefully and to utilize the information available at the Web sites of the Securities and Exchange Commission at http://www.sec.gov, and the National Association of Securities Dealers at http://www.nasd.com. You can review public companies’ filings at the SEC’s EDGAR page. The NASD has published information on how to invest carefully on its Web site.

7. Use Restrictions

a. Intellectual Property Rights. All Site Content and the selection and arrangement thereof are the property of Jalexa or their original creators and are protected by international copyright, trademark, patent and/or other intellectual property laws. Except as expressly provided for in this Agreement, Jalexa and/or its licensors retain any and all right, title and interest in and to the Content. Permission is granted to display, copy, distribute, and download the Content for personal, noncommercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not copy, modify, translate, publish, perform, broadcast, transmit, distribute, display, prepare derivative works of, sell or otherwise exploit the Content for public or commercial purposes without our prior written consent and that of our licensors or suppliers if required. You may not “mirror” any Content on any other server without prior written permission from Jalexa. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and could subject you to civil and criminal penalties.

b. Trademarks. Momentum Rider and the Momentum Rider logo are trademarks or service marks of Jalexa Trading Consultants, LLC. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of Jalexa or the owner of such trademark or service mark.

c. Any rights granted to you by Jalexa or its suppliers or licensors to the Content will not apply to the design, layout or look and feel of the Site or the Content. Each of the foregoing is protected by trademark, trade dress, unfair competition and other laws and may not be copied or imitated in whole or in part.

d. Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry page of the Site and does not portray Jalexa or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Jalexa trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Jalexa’s express written consent. Links to third party sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site.

Jalexa does not control and is not responsible for such sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Jalexa does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Jalexa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

e. Downloadable Materials. Any Content that is made available to download from the Site is the copyrighted work of Jalexa and/or its suppliers and affiliates and subject to the Use Restrictions stated herein.

f. Limited Access. Except as otherwise expressly permitted by Jalexa, any access or attempt to access other areas of the Jalexa computer system or other information contained on the Jalexa computer system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the Content contained therein without Jalexa’s prior, express, written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Jalexa’s infrastructure.

g. Acceptable Use Policy. While using the Site, you agree to comply with all applicable laws, rules and regulations and agree not to engage in unacceptable use of the Site. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the Services provided by Jalexa via the Site that, in the sole judgment of Jalexa: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in Jalexa’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact Jalexa at contact{at}momentumrider.com. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

1. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “ Prohibited Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to, an Jalexa officer or employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Prohibited Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

5. upload, post, e-mail or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

9. restrict or inhibit other users from visiting the Site, including without limitation, by means of “hacking or defacing any portion of the Site;

10. collect, harvest, mine or obtain by any other manner information about others, including but not limited to, phone numbers, email addresses, and other personal information;

11. “stalk” or otherwise harass another;

12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

You further agree not to (i) interfere with or disrupt any other user’s quiet enjoyment of the Site; or (ii) interfere with or disrupt or attempt to interfere with or disrupt the security of the Site or otherwise cause harm to the Site.

8. Disclaimer of Warranties

The Site, including all software, functions, Content and information, is provided “as is” without warranties of any kind, either express or implied. Jalexa disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, title, quiet enjoyment, system integration, and informational content. Jalexa does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability thereof, or the results of the use of the Content on this Site or any other sites linked to this Site. The Content may be out of date, and Jalexa makes no commitment to update Content. Jalexa does not and cannot guarantee or warrant that the files available for downloading from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Jalexa does not warrant that this Site, software, or Content will be uninterrupted or error-free or that any defects in this Site, software, or Content will be corrected.

9. Limitation of Liability

In no event will Jalexa, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of the Site, any Web sites linked to the Site, the Content, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Content or information from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. Chats

Chats, Trading Rooms, and Forums (“Chats”) are intended to serve as a discussion center for Jalexa members. Statements or messages made in Chats may be inaccurate, misleading, or deceptive, whether intentionally or unintentionally. Jalexa does not endorse and is not responsible for any opinion, advice, information, or statement made or displayed in Chats. The opinions expressed in the Chats are solely the opinions of the participants, and do not reflect the opinions of Jalexa or any of its subsidiaries or affiliates. Jalexa has no obligation to monitor Chats. However, Jalexa reserves the right to alter, remove or censor materials or statements that we deem, in our sole discretion to be inappropriate; and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate our Web sites properly; to protect ourselves, our sponsors, and our members and visitors and to comply with legal obligations or governmental requests.

11. U.S. Government Restricted Rights

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions set forth in applicable laws and regulations. Use of the Materials by the government constitutes acknowledgment of Jalexa’s proprietary rights in them.

12. Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Jalexa will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site have been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth as required by the DMCA:

• a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;

• identification of the copyrighted work(s)claimed to have been infringed;

• identification of the Content that you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;

• information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;

• a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and

• a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Jalexa’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
Jalexa Trading Consultants, LLC
10343 Federal Blvd, Unit J #239
Westminster, Colorado 80221
Email: support{at}momentumrider.com

13. Indemnification

Visitor agrees to indemnify, defend and hold Jalexa, its licensors and affiliates and their respective assigns, harmless from any loss, liability, damages or claim, including reasonable attorneys’ fees and costs, that arise directly or indirectly from (i) your activities in connection with the Site, (ii) a breach of this Agreement, including, but not limited to, any violation of the acceptable use policy, or (iii) any allegation that any information that you provide via the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party. You also agree to reimburse on demand any and all indemnified parties for any losses incurred by such indemnified parties to which this indemnification provision relates.

14. Submissions

Visitor agrees to grant Jalexa a non-exclusive, royalty-free, worldwide, perpetual license, sublicensable through multiple tiers, with or without attribution to Visitor, to use, reproduce, publish, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) that Visitor submits to any public areas of the Site (such as bulletin boards, Chats, and newsgroups) or by e-mail to Jalexa by all means and in any media now known or hereafter developed. You also grant to Jalexa the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.

15. Availability

Jalexa makes reasonable efforts to ensure that the Site is available 24 hours a day 7 days a week. You agree that from time to time the Site or portions thereof may be inoperable or inaccessible for any reason, including, without limitation, (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Jalexa may undertake from time to time; or (iii) causes beyond the control of Jalexa or which are not reasonably foreseeable by Jalexa. Some Content may have been created in file formats which are not error-free and Jalexa does not guarantee that the Site will not be affected by such errors. You are responsible for all costs and charges that you may incur in order to access and use the Site and the Content.

16. Applicable Law & Miscellaneous

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Jalexa’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jalexa in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Jalexa. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the City and County of Denver, Colorado (the “Denver Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Denver Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree that the Denver courts have exclusive jurisdiction over all disputes relating to this Agreement.

Last Updated: January 27, 2010

© 2008 Jalexa Trading Consultants, LLC. All rights reserved.