BREAKING NEWS!!!!

Installation and/ or use of the PHIL'S GANG® WEBSITE and/or  products such as PHIL'S TALKING TRADER® PHIL'S PTT-1 & PTT-2® or PHIL'S X-SERIES SOFTWARE  in addition to other software products developed by or on behalf of the technologies of The PHIL'S TALKING TRADER®.

 PHIL'S PTT-1 & PTT-2® or PHIL'S X-SERIES SOFTWARE and website, services, data, other information, and documentation provided along with THE OFF THE WALL STREET RADIO NETWORK ™   (herein collectively referred to as " PHIL'S GANG® " or any part thereof, constitutes acceptance of the terms and conditions of this agreement. The terms of this agreement may be updated by us from time to time without notice to you. You may view the most current of these terms at any time at http://www.philsgangourterms.asp

1. NOTICE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SPOT LINK INC., (DBA) PHIL'S GANG®

 PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING ANY COMPONENT OR ASPECT OF PHIL'S TALKING TRADER™ SOFTWARE PRODUCTS and the PHIL'S GANG WEBSITE..

BY OPENING THE ELECTRONIC MEDIA PACKAGE, IF ANY, DOWNLOADING, INSTALLING, COPYING, OR

OTHERWISE USING ANY COMPONENT OR ASPECT OF PHIL'S TALKING TRADER, PHIL'S PTT-1 & PTT-2, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY COMPONENT OR ASPECT OF THE PHIL'S TALKING TRADER™,  PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE AND PROMPTLY DELETE ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION OR UNDER YOUR CONTROL. IN THAT CONNECTION, IF YOU HAVE ANY PHYSICAL MANIFESTATIONS OF PHIL'S TALKING TRADER™, PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE , THEN PROMPTLY RETURN THE MEDIA PACKAGE AND ALL ACCOMPANYING ITEMS (INCLUDING MATERIALS AND PACKAGING), ALONG WITH PROOF OF PAYMENT IF PAYMENT WAS MADE, TO US, AT THE ADDRESS BELOW, OR OUR AUTHORIZED DEALER FOR A FULL REFUND.

Phil's Gang

157 Medici Terrace

North Venice, FL 34275

2. Permitted Uses. Subject to the terms and conditions of this Agreement, you are

granted the following limited nonexclusive rights to use or PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE .

(A) Grant of Single User License. You may use one copy of the PHIL'S TALKING TRADER® PHIL'S PTT-1 & PTT-2® or PHIL'S X-SERIES SOFTWARE installed on a single hard disk drive via a single terminal connected to a single computer CPU. You may not network PHIL'S TALKING TRADER™ , PHIL'S PTT-1, and PHIL'S PTT-2 or otherwise use it on any other computer CPU or terminal.

(B) Right to Copy. You may make one copy of the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE solely for backup and archival purposes, provided that the original, whether on diskette or an

electronic original, and each copy is kept in your possession and control, and provided you reproduce our copyright notice on the copy. You may not copy the documentation or other written materials included with or as part of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE

3. Prohibited Uses. You agree not to reproduce, duplicate, copy, sell, resell or

exploit for any commercial purposes, any portion of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE use of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any portion thereof, or access to PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE or any portion thereof. Additionally, you may not, without written permission from us:

(A) Use, copy, modify, merge, create derivative works of, or transfer copies of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any component of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  except as provided in this Agreement;

(B) Use any backup or archival copies of the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE   or any information included as part of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event that the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or data is destroyed or becomes defective;

(C) Disassemble, decompile or "unlock", reverse translate, reverse engineer, or in any

manner decode the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any aspect of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  for any reason, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

In addition to the foregoing, you acknowledge that PHIL'S GANG® may establish general practices

and limits concerning use and features of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE , including without limitation the maximum number of concurrent PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE sessions you may have on one computer or individually among multiple computers, the maximum number of times (and the maximum duration for which) you may access PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  in a given period of time, the maximum number of financial instruments or topics you may receive information on at any time, and the frequency with which financial information is updated. You acknowledge that PHIL'S GANG® reserves the right to log off users that are inactive for an extended period of time, however PHIL'S GANG® wishes to define "inactive" in its sole discretion. You further acknowledge that PHIL'S GANG® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

4. Ownership and License. This agreement grants you only a license to use PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE .

Title, ownership and intellectual property rights shall remain with us. We continue to

own all copies of the PHIL'S TALKONG TRADER and PHIL'S PTT-1, PTT-2 SOFTWARE> software. Your rights to use PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement including, but not limited to, rights reserved to us or protected by patent, copyright, and trade secret laws and international treaty provisions. The license granted hereunder shall not be construed to confer any rights upon you by

implication, estoppel or otherwise as PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE not specifically set forth herein. Nothing in this Agreement constitutes a waiver of our rights under U.S. patent or

copyright law or any other national, federal or state law.

WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED

OR ERROR-FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN

THIS SECTION 5, PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  IS LICENSED "AS IS." WE MAKE NO

REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND AND DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Some states do not allow the exclusion of implied warranties, so the above exclusion

may not apply to you. This warranty disclaimer gives you specific legal rights, and you

may also have other legal rights, which vary from state to state.

6. Limitation of Liability. OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE

LIMITED TO DIRECT DAMAGES, AND IN NO CASE SHALL EXCEED THE AMOUNT ORIGINALLY PAID FOR PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE, PHIL'S X-SERIES SOFTWARE, ONE DOLLAR ($1.00), WHICHEVER IS GREATER. IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT,

CONTRACT OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF LITIGATION INVOLVING THE SOFTWARE, YOU AGREE THAT AFTER FINAL JUDGEMENT AND EXHAUSTION OF APPEALS THE NONPREVAILING PARTY SHALL PAY ALL REASONABLE COSTS OF LITIGATION OF THE PREVAILING PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES.

Some jurisdictions do not allow these limitations or exclusions, so they may not apply

to you.

7. Indemnity. You agree to indemnify and hold PHIL'S GANG ®, and its subsidiaries, affiliates,

officers, agents, co-branders or other partners, and employees, harmless from any claim

or demand, including reasonable attorneys' fees, made by any third party due to or

arising out of your use of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  in any way, your connection to PHIL'S GANG® services or sites, your violation of the terms of this agreement, or your

violation of any rights of another.

8. Export Controls. None of the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE or underlying information or web site or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any part thereof you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You agree that you will not directly or

indirectly transfer PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any part thereof to any country to which such transfer would be prohibited by the U.S. Export Administration Act and the regulations issued there under. You further agree that should your country require registration of

this license agreement you will obtain the appropriate licenses and registrations at

your own expense.

9. Modifications to the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE , Term and Termination. PHIL's Gang ® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,

PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  (or any part thereof including your license to use the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  with or without notice. You agree that PHIL'S GANG ®shall not be liable to you or to any third party for any modification, suspension or discontinuance of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any part thereof. Unless explicitly stated otherwise, any modifications to PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any new features that augment or enhance or change the then current PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any part thereof, including but not limited to new releases of the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE and new web sites released as part of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE , shall be subject to the terms of this agreement.

The term of this license shall be until terminated by PHIL'S GANG®. This license and your rights

to use PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  automatically terminate if you fail to comply with any provisions of this Agreement. Upon termination, you will destroy all copies of the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE , data and documentation and any other elements of PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  in your possession or under your control. Additionally, if the purchase of this license to use

PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  includes any continuing payments or renewal fees, termination will also occur upon non-payment of said payments and fees without a requirement of notice of termination.

10. Confidentiality. You acknowledge and agree that PHIL"S TALKING TRADER, PHIL'S PTT-1 & PTT-2 and/or PHIL'S X-SERIES SOFTWARE  incorporates and discloses proprietary information of ours, and such proprietary information constitutes valuable trade secrets of ours and may not be disclosed by you to any party at any time.

11. Registration Obligations; Account; Privacy Policy. In consideration of your use of the PHIL'S GANG WEB SITE, PHIL'S TALKING TRADER, PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  or any part thereof, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable service's registration form (referred to in this agreement as the

(a) "Registration Data" and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or PHIL'S GANG  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or the  users ID and passwords are considered inappropriate and vulgar in nature, PHIL'S GANG has the right to suspend or terminate your account and refuse any and all current or future use of the PHIL"S GANG WEB SITE, PHIL'S TALKING TRADER, PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE or (or any portion thereof). You may receive a new assigned user ID and password and/ or other designation as part of one or more of the products or services provided as part of PHIL'S GANG® WEBSITE , PHIL's TALKING TRADER and PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE process.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PHIL'S GANG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PHIL'S GANG cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Section 11.   This Agreement is governed by and hereby incorporates by reference the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE  Privacy Policy located at:

http://www.philsgang.com/privacy.asp.

12. Third Party Data Suppliers; Advertisers; Affiliates and Links.

 Certain financial market information provided as part of PHIL'S TALKING TRADER, PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE may be provided by third parties. Use of this information is governed by PHIL'S GANG market data supplier terms which can be viewed at

http://www.marketbrowser.com/mbdatasuppliers.asp and these terms are hereby incorporated

by reference into this agreement.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PHIL'S GANG, including delivery and payment of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PHIL'S GANG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the this website. PHIL'S GANG  may provide, or third parties may provide, links to other World Wide Web sites, literature, online brokers, person's or other resources. Because PHIL'S GANG has no control over these other websites or resources, you acknowledge and agree that PHIL'S GANG  is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that PHIL'S GANG  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 use of or reliance on any such information, content, products or services available on or through any such websites, literature, online brokerages, person's and resources.

13. Miscellaneous Provisions.

 This Agreement will be governed by and construed in accordance with the substantive laws of the State of Florida. Any and all disputes arising hereunder shall be resolved only in courts located in the State of Florida and are subject to the exclusive jurisdiction of that court. The parties hereby irrevocably submit and consent to the exclusive jurisdiction of such courts and waive any defenses or objections thereto. The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded. This is the entire agreement between the User  relating to PHIL'S GANG shall supersede agreements, as well as any prior purchase or leasing orders, communications, advertising, or representations concerning PHIL'S GANG. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PHIL'S GANG and its products or financial opinions, or advise,  any part thereof must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No change or modification of this Agreement will be valid unless it is in writing and is signed by a duly authorized Officer of our company. Notices to you may be made via either email or regular US mail. PHIL'S GANG may also provide notices of changes to the terms of this agreement or other matters by displaying notices or links of notices to you generally on one or more of the PHIL'S GANG website, or within or at a link from the PHIL'S PTT-1 & PTT-2 or PHIL'S X-SERIES SOFTWARE.

 PHIL'S GANG computer records are stored in a secured condition on the PHIL"S GANG computer system(s) of either party and shall be accepted as evidence of communication, license agreement, and payments made between the parties.

Canadian, Mexican and other Foreign Transactions. 

If you acquired access to or use or intend to use PHIL'S GANG® WEBSITE or any products of

 PHIL'S GANG® or any part thereof in Canada, Mexico, France, or any foreign -speaking countries, you agree to

the following:

The parties hereto have expressly required that the present Agreement and its Exhibits

be drawn up in the English language. 

French: Les parties au présent contrat ont expressément

exigé que ce contrat ainsi que ses Annexes soient redigées en langue anglaise.

Spanish: Los partidos en el contrato presente tienen expresamente

exigido que este contrato así como sus Anexos son redigées en la lengua inglesa.

Italian: Le parti nel presente contratto hanno espressamente richiesto che il contratto così come i suoi allegati sono redigées in lingua inglese

German: Parteien im gegenwärtigen Vertrag haben spezifisch

gefordert, dass dieser Vertrag sowie seine Nebengebäude redigées in der englischen Sprache ist

Russian:

Стороны в существующем контракте имеют определенно

потребованный, что этот контракт так же как его Приложения - redigées на английском языке

Chinese:  在目前的合同当事各方已具体要求，该合同及其附件是英文redigées

If you have any questions about this Agreement, we suggest you seek the advice of  legal counsel.