TERMS OF USE

Important Information: You should carefully read the following Terms Of Use (also referred to as the “Terms and Conditions”, “Terms of Service” or “TOS”). Your use of our service(s) implies that you have read and accepted these Terms Of Use. The Lifetime Investor website, Michael Benghiat, and its publisher The Music Kitchen, Inc. may hereafter be referred to, both individually and collectively, as “The Website” or “Company”. This agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual Website owners within LifetimeInvestor.com may include for governing access to their Websites.

The access rights granted to you under the Terms Of Use are non-transferable without the express written permission of the owner of Lifetime Investor. You are responsible for the actions of any other person who may utilize your access rights on the Lifetime Investor website.

The following terms and conditions govern all use of the Lifetime Investor website and all content, services, and products available at or through the website. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, Lifetime Investor’s Privacy Policy).

Please read this Agreement carefully before accessing or using the Lifetime Investor website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Lifetime Investor, acceptance is expressly limited to these terms.

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

A special restriction on a visitor’s license to access Lifetime Investor applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Website automatically.

Email addresses on the Lifetime Investor website are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the website’s email addresses is recognized as a violation of this agreement and expressly prohibited.

Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors, or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.

The information, indicators, strategies, columns, articles, and all other features included on this website have been included for general informational and educational purposes only. Nothing contained herein is intended to be or to be construed as investment, tax, accounting, legal, or financial advice. No person should make any investment decision solely in reliance upon the information or advice contained herein. Rather, you should use the information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with a licensed financial advisor, tax advisor, or other licensed professional to determine the suitability of any investment. You must do your own due diligence with any investments of your own money.

Neither Lifetime Investor nor Michael Benghiat is a registered investment advisor (RIA), certified financial planner (CFP), or certified financial advisor (CFA), and therefore cannot give personalized investment advice to any member or customer. Neither Lifetime Investor nor Michael Benghiat is providing solicitations of any order to buy or sell securities, real estate, tax liens, precious metals, or other investments mentioned on this website.

Michael’s stock trades, bond trades, and other investments are posted for educational purposes in the Blog. These posts are not to be construed to be solicitations to purchase securities or other investments. All readers assume full responsibility for their own investment results. Please do your own due diligence before investing.

Company does not guarantee income or financial success, and examples shown at the website do not represent an indication of future success or earnings. You are fully responsible for your investment decisions and your financial results. Investing involves substantial risk. Company makes no guarantee or other promise as to any results that may be obtained from using the information provided. The results achieved by Lifetime Investor are not typical of the experience of others. You should not expect to do as well.

It should not be assumed that the methods, techniques, or indicators presented in the Lifetime Investor program will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you.

The employees and/or affiliates of the Company may hold positions in the stocks, securities, bonds, real estate, tax liens, or precious metals discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results.

Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by the Company.

The Company declares that any claims made of actual earnings or examples of actual results can be verified upon request. Factual statements on the Company’s website, or in its publications, are made as of the date stated.

The earnings, revenue and profit results that a customer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.

You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Company. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall Company (or any business or individual associated with Company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.

Optional premium paid subscription services are available on the Website. By selecting a premium subscription service you agree to pay Lifetime Investor the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the Content to Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

This site may be hyperlinked to other sites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Company of that site.

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

You consent to having your Internet Protocol address recorded. The Identifier is uniquely matched to your Internet Protocol address.

Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Lifetime Investor account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by Company if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Company’s notice to you thereof; provided that, Company can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

The Content is provided “as is” and without warranties of any kind, either expressed or implied. Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not Company, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damange arising from the use of this site or its content. Company makes no warranties that your use o the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Company is not liable for any delay or failure of the site to perform. There is no guarantee that Subscribers will be able to access the site whenever and wherever desired. There may be extended periods of time when you cannot access the site for various reasons, many beyond our control. Heavy traffic on the website or website hosting platform may affect your access to the site. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the site’s operation or downtime.

In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Company, its subsidiaries, affiliates, employees, officers, directors and agents to any contestant shall be the pro-rated amount paid for subscription to the site.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

You may not post, send, submit, publish, or transmit in connection with this site any material that: • you do not have the right to post, including proprietary material of any third party; • advocates illegal activity or discusses an intent to commit an illegal act; • is vulgar, obscene, pornographic, or indecent; • does not pertain directly to this site; • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; • violates any law or may be considered to violate any law; • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; • solicits funds, advertisers or sponsors; • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; • includes MP3 format files; • amounts to a ‘pyramid’ or similar scheme; • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Los Angeles, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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