Disclaimer: All comments made by InTheMoneyStocks, LLC and its subsidiaries, instructors, and representatives are for educational and informational purposes only and should not be construed as investment advice regarding the purchase or sale of securities, or any other financial instrument of any kind. Please consult with your financial adviser before making an investment decision regarding any securities mentioned herein. InTheMoneyStocks, LLC and its representatives assume no responsibility for your trading and investment results. All information on the website was obtained from sources believed to be reliable., but we do not warrant its completeness or accuracy, or warrant any results from the use of the information. InTheMoneyStocks, LLC, its employees, representatives and affiliated individuals may have a position or effect transactions in the securities herein and or otherwise employ trading strategies that may be consistent or inconsistent with the provided strategies. Trading of any type involves a very high degree of risk. Stock, Futures and Options trading are not suitable for all investors. Past results are not indicative of future results. InTheMoneyStocks, LLC, its subsidiaries and all affiliated individuals assume no responsibility for your trading and investment results.
If you do not agree with any term or provision of our Terms and Conditions herein, you should not use our Site, Services, Content or Information whatsoever. Please be advised that your continued use of the Site, Services, Content, or Information provided shall indicate your consent and agreement to our Terms and Conditions. InTheMoneyStocks may publish testimonials or descriptions of past performance, however, these results are NOT typical and are not indicative of future results or performance, and are not intended to be a representation, warranty or guarantee that similar results will be obtained by you or anyone following the information provided.
The performance of our Pros and their experience with trading is not typical, nor is the experience of traders featured in any testimonials you may see. They are experienced traders. Becoming an experienced trader takes hard work, dedication and a significant amount of time. Your results may differ materially due to a number of factors. We do not track the typical results of our past or current customers. As a provider of educational courses, we do not have access to the personal trading accounts or brokerage statements of our customers. As a result, we have no reason to believe our customers perform better or worse than traders as a whole. Available research data suggests that most day traders are NOT profitable. Please note further details below in the Risk Disclosure Statement section. Further, our Pros/head traders may or may not hold positions in the the trades they discuss, all trade information should be considered and used as informational purposes only.
Any and all information from InTheMoneyStocks should be considered for educational and informational purposes only and should not be considered tax, legal or investment advice. An alert to a stock or commodity is not an indication to buy or sell that stock or commodity.
Monthly Subscribers & Membership Subscription Details:
BEFORE joining our services, take note of the simple cancelation and membership management policy…
Once you join any of our services, you are purchasing access to that given service for a full month from the day you joined. You can cancel any time during your month, canceling will stop any future renewals and discontinue your membership at the end of your month. Your monthly subscription will renew/be charged automatically each subscription period, unless you terminate it prior to your monthly period expiring.
Your monthly subscription begins the day you signed up to the service and renews automatically a month from that date. You can cancel/unsubscribe any time prior to your next monthly renewal date via your “My Account” > “Subscriptions/Edit Your Subscription” page found on our website once you log in to your account using your unique user name and password.
Canceling your service so that you are not charged is your sole responsibility and all you need to do is click the cancel button found on your “My Account” page. We are in no way obligated nor do we express the ability to honor requests of cancellation via email or other means. Email providers are often unreliable and messages can be filtered by spam folders which we (ITMS) have no control over. Therefore, canceling your membership is YOUR sole responsibility and by entering into any of our services you are expressing your understanding of and taking this responsibility upon yourself to cancel should you not want to be charged again. ITMS is in no way obligated nor will ITMS be held responsible should you not cancel your account in a timely fashion as you the user have full control over this process.
Cancellations take effect as of your next billing date, which is noted on your Subscriptions page. As previously stated, fees will not be refunded or prorated. You must cancel your subscription BEFORE it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Our membership system is fully automated and the renewal dates are clearly displayed to you, so there is no confusion as to EXACTLY when you will be charged on your renewal should you not cancel prior. Once you cancel, you will have access to the service until your month time period runs out.
Free Trials or Passes:
We do not offer any “free trials” or “passes” to our services, all memberships grant you access to the service you purchase for a full month from the day you join. Once you join/purchase, you are consenting to the very simple and common monthly membership process.
Risk Disclosure Statement
THE RISK OF LOSS IN TRADING STOCKS, FUTURES, COMMODITIES, CRYPTOCURRENCY CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. IN CONSIDERING WHETHER TO TRADE OR TO AUTHORIZE SOMEONE ELSE TO TRADE FOR YOU, YOU SHOULD BE AWARE OF THE FOLLOWING: IF YOU PURCHASE A COMMODITY OPTION YOU MAY SUSTAIN A TOTAL LOSS OF THE PREMIUM AND OF ALL TRANSACTION COSTS. IF YOU PURCHASE OR SELL A COMMODITY FUTURE OR SELL A COMMODITY OPTION YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL MARGIN FUNDS AND ANY ADDITIONAL FUNDS THAT YOU DEPOSIT WITH YOUR BROKER TO ESTABLISH OR MAINTAIN YOUR POSITION. IF THE MARKET MOVES AGAINST YOUR POSITION, YOU MAY BE CALLED UPON BY YOUR BROKER TO DEPOSIT A SUBSTANTIAL AMOUNT OF ADDITIONAL MARGIN FUNDS, ON SHORT NOTICE, IN ORDER TO MAINTAIN YOUR POSITION. IF YOU DO NOT PROVIDE THE REQUESTED FUNDS WITHIN THE PRESCRIBED TIME, YOUR POSITION MAY BE LIQUIDATED AT A LOSS, AND YOU WILL BE LIABLE FOR ANY RESULTING DEFICIT IN YOUR ACCOUNT. UNDER CERTAIN MARKET CONDITIONS, YOU MAY FIND IT DIFFICULT OR IMPOSSIBLE TO LIQUIDATE A POSITION. THIS CAN OCCUR, FOR EXAMPLE, WHEN THE MARKET MAKES A “LIMIT MOVE.’ THE PLACEMENT OF CONTINGENT ORDERS BY YOU OR YOUR TRADING ADVISOR, SUCH AS A “STOP-LOSS’ OR “STOP-LIMIT’ ORDER, WILL NOT NECESSARILY LIMIT YOUR LOSSES TO THE INTENDED AMOUNTS, SINCE MARKET CONDITIONS MAY MAKE IT IMPOSSIBLE TO EXECUTE SUCH ORDERS. A “SPREAD’ POSITION MAY NOT BE LESS RISKY THAN A SIMPLE “LONG’ OR “SHORT’ POSITION. THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINABLE IN COMMODITY TRADING CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS. IN SOME CASES, MANAGED COMMODITY ACCOUNTS ARE SUBJECT TO SUBSTANTIAL CHARGES FOR MANAGEMENT AND ADVISORY FEES. IT MAY BE NECESSARY FOR THOSE ACCOUNTS THAT ARE SUBJECT TO THESE CHARGES TO MAKE SUBSTANTIAL TRADING PROFITS TO AVOID DEPLETION OR EXHAUSTION OF THEIR ASSETS. THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS AND OTHER SIGNIFICANT ASPECTS OF THE COMMODITY MARKETS. YOU SHOULD THEREFORE CAREFULLY STUDY THIS DISCLOSURE DOCUMENT AND COMMODITY TRADING BEFORE YOU TRADE.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
Securities and Exchange Commission Statement on Day Trading: Your Dollars at Risk Day traders rapidly buy and sell stocks throughout the day in the hope that their stocks will continue climbing or falling in value for the seconds to minutes they own the stock, allowing them to lock in quick profits. Day traders usually buy on borrowed money, hoping that they will reap higher profits through leverage, but running the risk of higher losses too. As former SEC Chairman Levitt stated in his testimony before the U.S. Senate, “[Day trading] is neither illegal nor is it unethical. But it is highly risky.” Most individual investors do not have the wealth, the time, or the temperament to make money and to sustain the devastating losses that day trading can bring. Here are some of the facts that every investor should know about day trading:
Be prepared to suffer severe financial losses Day traders typically suffer severe financial losses in their first months of trading, and many never graduate to profit-making status. Given these outcomes, it’s clear: day traders should only risk money they can afford to lose. They should never use money they will need for daily living expenses, retirement, take out a second mortgage, or use their student loan money for day trading.
Day traders do not “invest” Day traders sit in front of computer screens and look for a stock that is either moving up or down in value. They want to ride the momentum of the stock and get out of the stock before it changes course. They do not know for certain how the stock will move, they are hoping that it will move in one direction, either up or down in value. True day traders do not own any stocks overnight because of the extreme risk that prices will change radically from one day to the next, leading to large losses.
Day trading is an extremely stressful and expensive full-time job Day traders must watch the market continuously during the day at their computer terminals. It’s extremely difficult and demands great concentration to watch dozens of ticker quotes and price fluctuations to spot market trends. Day traders also have high expenses, paying their firms large amounts in commissions, for training, and for computers. Any day trader should know up front how much they need to make to cover expenses and break even.
Day traders depend heavily on borrowing money or buying stocks on margin Borrowing money to trade in stocks is always a risky business. Day trading strategies demand using the leverage of borrowed money to make profits. This is why many day traders lose all their money and may end up in debt as well. Day traders should understand how margin works, how much time they’ll have to meet a margin call, and the potential for getting in over their heads.
Don’t believe claims of easy profits Don’t believe advertising claims that promise quick and sure profits from day trading. Before you start trading with a firm, make sure you know how many clients have lost money and how many have made profits. If the firm does not know, or will not tell you, think twice about the risks you take in the face of ignorance.
Watch out for “hot tips” and “expert advice” from newsletters and websites catering to day traders Some websites have sought to profit from day traders by offering them hot tips and stock picks for a fee. Once again, don’t believe any claims that trumpet the easy profits of day trading. Check out these sources thoroughly and ask them if they have been paid to make their recommendations.
Remember that “educational” seminars, classes, and books about day trading may not be objective Find out whether a seminar speaker, an instructor teaching a class, or an author of a publication about day trading stands to profit if you start day trading.
Check out day trading firms with your state securities regulator Like all broker-dealers, day trading firms must register with the SEC and the states in which they do business.
Confirm registration by calling your state securities regulator and at the same time ask if the firm has a record of problems with regulators or their customers. You can find the telephone number for your state securities regulator in the government section of your phone book or by calling the North American Securities Administrators Association at (202) 737-0900. NASAA also provides this information on its website at www.nasaa.org/nasaa/abtnasaa/find_regulator.php.
The risk of loss in stock, stock/options, futures, futures/options, and forex trading is substantial, and site visitors and subscribers should consider whether trading these markets is appropriate in light of their financial situation. No warranty, express or implied, is made by inthemoneystocks.com or its providers of information, as to the results to be obtained from use of inthemoneystocks llc information or the fitness of its use for a particular purpose. Trading results of subscribers attempting to replicate the activity of any inthemoneystocks.com account may differ significantly from the results obtained in the inthemoneystocks llc account due to slippage, market volatility, lack of liquidity and other factors. Hypothetical performance results, while clearly labeled when used, do not represent actual trading results and have inherent limitations. Trades not actually executed cannot reflect the true impact of market factors, including lack of liquidity. inthemoneystocks llc makes no representation that site visitors or subscribers will experience profits or losses similar to those shown. Past results of any performance published on inthemoneystocks.com are not indicative of future returns.
ALL TRACK RECORD PERFORMANCE DETAILS SHOULD BE CONSIDERED HYPOTHETICAL AND HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS.THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
Some areas of the Service may allow users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to InTheMoneyStocks.com a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, including without limitation material, non-public information about companies that you are not authorized to disclose; (vii) contains any information or content that you know is not correct and current; or (viii) contains advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us). You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. InTheMoneyStocks.com reserves the right, but is not obligated, to reject and/or remove any User Content that InTheMoneyStocks.com believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
InTheMoneyStocks.com takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. InTheMoneyStocks.com is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that InTheMoneyStocks.com shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other InTheMoneyStocks.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
InTheMoneyStocks.com may immediately terminate this Agreement and Subscriber access to InTheMoneyStocks.com upon any breach of this Agreement or for any other reason that InTheMoneyStocks.com deems appropriate.
Social Media Disclosure
When viewing any social media postings/ideas provided by ITMS or its representatives one must consider the following. ITMS and its representatives are not a registered investment adviser, broker or securities dealer. The purpose of any Twitter feed and/or social forum/website post is to share ideas about intraday and swing trading positions that I(we, ITMS) find interesting. The trading ideas discussed should not be considered as recommendations or solicitations to buy or sell any security. The Twitter feed and other social website postings do not provide any investment advice of any kind. The opinions expressed on this site including email, twitter, social forums are made available solely for educational and entertainment purposes. You take complete responsibility for your own trades and investments. Accordingly, you should always consult your own registered investment advisor or broker before initiating any trade.
You should be aware that I(we, ITMS) may or may not have purchased the securities discussed ahead of time and may sell at anytime after a trading idea is mentioned on this site and/or other sites. Also be aware that microcap and small cap stocks are highly volatile. Indeed, most small cap and microcap traders lose all or a part of their capital base. Therefore, only experienced traders should participate in such markets.
I (we, ITMS) make no representations regarding the accuracy of any information contained on this site, twitter and/or any other site in which our ideas are featured. My posts may contain material errors and/or omissions and should be verified by doing your own research and due diligence. The decision to buy or sell any security that is mentioned is done purely at your own risk. You should not rely on our ideas in making any investment. Rather, you should use the information presented only as a starting point for doing additional independent in-depth research in order to allow you to form your own opinion regarding any investment.
By registering for this site and/or following on Twitter or elsewhere you agree to fully, finally, and forever release, relinquish and discharge all claims, known or unknown, against (we, ITMS) Gareth Soloway, Nick Santiago or InTheMoneyStocks, LLC, its heirs, assigns, and affiliates that arise or may arise from your use of this site and/or any other site in which our ideas are featured.
I (we, ITMS) am not compensated directly or indirectly by any issuers or third parties for any securities discussed or mentioned on this site and/or any other site in which my ideas are featured.. This web site and all email and Twitter and/or any other site in which my ideas are featured contain “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be “forward looking statements.” 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 or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as “expects,” “will,” “anticipates,” “estimates,” believes,” or statements indicating certain actions “may,” “could,” or “might” occur.
If any part of this disclaimer is not clear, please take the time to consult an attorney or investment specialist. Never invest in any stock discussed on this site and/or any other site in which our ideas are featured unless you can afford to lose your entire investment. Our past performance provides information to the general public on selected stocks that have performed successfully. Other stocks profiled that are not in the past performance may have performed better or worse. Past performance should not be used as an indicator of future returns. This disclaimer may change from time to time without notice.
As an authorized affiliate (Affiliate) of ITMS, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting ITMS as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to ITMS by your own website or personal referrals.
By signing up for the ITMS Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid once a month. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. You cannot refer yourself, and you will not receive a commission on your own accounts.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. ITMS reserves the right to require license agreements from those who employ trademarks of ITMS in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with ITMS , however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, ITMS reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the ITMS site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
5. Coupon and Deal Sites
ITMS occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on ITMS Coupons, ITMS Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
ITMS will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by ITMS . We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
8. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless ITMS and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by ITMS to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
10. Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Palm Beach County, Florida.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the ITMS affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or ITMS application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.