TERMS AND CONDITIONS OF SERVICE AGREEMENT

Stockdiagnostics.com provides and delivers various software applications that display financial market information including but not limited to current and historical financial information, financial analysis and comparison, news and other company information such as Stockdiagnostics.com e-mail (hereinafter referred to collectively as the service). All use of this service is conditioned by the acceptance without modification of the terms, conditions, and notices contained in this Agreement. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR ANY SERVICE ON THIS SITE AS IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. By continuing to access or use this Site, or any service on this Site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE AS SET FORTH. If, at any time, you do not wish to accept these Terms and Conditions of Service and the Subscription Agreement, you must immediately terminate your use of this Site

1. General. Subject to these Terms and Conditions of Service (this "Agreement"), the Company StockDiagnostics.com and/or its subsidiaries or affiliates, as applicable, (collectively and individually the "Company") make available certain on-line financial and other news, information, research tools, e-mail alerts and other services on various networks, websites and web pages owned, operated, licensed or controlled by the Company ("Our Service") to our users. Our Service provides news, information, data, content, reports, analyses, formulae, calculations, processes, programs, methodologies, rankings, classifications, evaluations, video, audio and other materials and services (the "Materials").

2. Modifications to these Terms and Conditions of Service. The Company reserves the right, at any time and at its sole discretion without any obligation, to change or modify the terms and conditions of this Agreement or to impose new terms and conditions including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Also, whenever new products or services become available on Our Service, your use of them will be in accordance with this Agreement unless otherwise notified by the Company. In addition, particular features of Our Service or the Materials may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those features. Such Special Terms are incorporated into this Agreement with respect to such features. If there is a conflict between the terms of this Agreement and the Special Terms, the Special Terms will govern with respect to such features. Accordingly, you should continue to review this Agreement whenever accessing or using Our Service to ensure familiarity with the most current version and this Section 2 of this Agreement constitutes advice from the Company to do so. You may access and review this Agreement at any time by clicking on the Terms of Service link appearing on each page of Our Service. Your use of Our Service and the Materials, after the posting of any modifications to this Agreement will constitute YOUR ACCEPTANCE OF THIS AGREEMENT, as modified. Any terms and conditions proposed by you which are in addition to or which conflict with this Agreement are expressly rejected by the Company and shall be of no force or effect.

3. Our Service and Materials. The Materials on Our Service are generated by the Company using data obtained from its third-party providers (the "Information Providers") as well as from our own research of public sources, and are provided for information, education and entertainment purposes only. The Company is a publisher. We are not registered as a securities broker-dealer or an investment advisor with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. ACCORDINGLY, OUR SERVICE AND MATERIALS ARE NOT INTENDED TO CONSTITUTE INVESTMENT, ACCOUNTING, TAX, LEGAL, CONSULTING OR OTHER PROFESSIONAL ADVICE OR SERVICES. None of the Materials on Our Service are provided with a view to inviting, inducing, recommending, encouraging or discouraging any person from making any type of investment decision, nor should the Materials be construed as a solicitation, recommendation, endorsement or sponsorship of any industry, company, security, fund, commodity, transaction, investment or investment strategy. Although Our Service and Materials may include information about the investment process generally, as well as research and/or commentary relating to specific financial analyses, industries, companies, securities, funds, commodities, transactions, investments and/or investment strategies, the Company specifically represents that Our Service and Materials do not provide personalized investment advice tailored to a specific user's particular needs or to any specific portfolio nor do they advocate the purchase, holding or sale of any security or investment. Without in any way limiting the foregoing, the Company expressly warrants that it is not, by definition, a registered investment advisor for purposes of the Investment Advisors Act of 1940, as amended and/or state securities laws. Our Service and Materials should no be relied upon for purposes of transacting securities or other investments. Securities or other investments described in Our Service and Materials may not be suitable for you and you should not make any decision or take any action in relation to them that may affect your personal finances or business without first obtaining the advice of a qualified investment professional and this Section 3 of this Agreement constitutes advice from the Company to do so. You bear the sole responsibility for your own investment research, decisions and transactions. Furthermore, the Company will not be a party to any sale or purchase of securities or ownership interest that results from the use of or reliance upon Our Service and Materials. The Company and/or its officers, directors, employees, Information Providers and third-party agents, including those persons involved in the preparation of proprietary information on Our Service, may, from time to time or at all times, hold positions in, buy and/or sell the securities and/or derivatives (including options) of the companies, securities, funds, commodities, or other investments listed, mentioned or otherwise referred to in Our Service or Materials.

4. Modifications to Our Service and Materials. The Company reserves the right, at any time and at its sole discretion without any obligation, (including but not limited to any notice of obligation), to temporarily or permanently change, modify, alter, discontinue, eliminate, add to or enhance the content, functionality, technical specifications or the administration of any aspect of Our Service and/or Materials or Our Service and/or Materials as a whole. You accept that such modifications may result in your being unable to access some or all of Our Service or Materials and you agree that the Company will not be liable to you or any third-party for any modification to Our Service and/or Materials including, but not limited to, those described in this Section 4 of this Agreement. Such changes, modifications, additions or deletions shall be effective immediately.

5. User Consent, Representations and Warranties. By using Our Service and Materials, you are representing and warranting to the Company that you (hereinafter "you" or the "User") have read and agree to be legally bound by this Agreement as set forth herein for Our Service and Materials. You further agree that: (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years old or the minimum legal age to enter into legally binding contracts in the jurisdiction in which you are accessing Our Service and Materials; (c) you shall use Our Service and Materials only as set forth in this Agreement; (d) this Agreement is personal to you and the rights and obligations herein are not assignable, transferable, or sub-licensable by you except with the prior written consent of the Company; (e) that you will comply with all United States and international laws regarding the transmission of any data obtained from the Our Service and Materials (as defined herein) in accordance with this Agreement; (f) you will not permit anyone whose access to Our Service and Materials has been terminated from accessing Our Service through your computer or account (where applicable); (g) you will not use Our Service and/or Materials for any illegal purposes; and (h) you will not interfere or disrupt Our Service and/or Materials or the networks connected to Our Service, or knowingly permit others to do so, as more fully defined in Section 6 of this Agreement.

6. Anti-Hacking Provision. You may not, nor may you allow others, directly or indirectly, to attempt to or actually: (a) disrupt, disable, impair or interfere with, overburden, alter or modify Our Service and/or the Materials or restrict or inhibit in any way any other visitor or user from accessing or using Our Service and/or the Materials, including, without limitation, by means of "hacking," "cracking" or defacing any portion of Our Service, the Materials and/or any activities being conducted on or through Our Service; (b) transmit any software, device, routine or other materials that contain any virus, worm, time bomb, "Trojan horse," or other harmful, destructive or disruptive component; (c) use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of Our Service or the Materials; and (d) collect or harvest any information about other visitors or users of Our Service and/or any of the Company's employees, officers, directors, partners, representatives, agents or Information Providers by any means including, but not limited to, those described in this Section 6 of this Agreement. You may not, nor may you allow others, directly or indirectly, to obtain or attempt to obtain any materials or information through any means not made expressly available through Our Service and Materials. Without limiting the Company's rights under any other provision hereof, this Agreement will be immediately terminated if any User is found to have breached any provision of this Section 6 of this Agreement and VIOLATORS WILL BE PROSECUTED, BOTH CRIMINALLY AND CIVILLY, TO THE FULLEST EXTENT OF APPLICABLE LAW!

7. Intellectual Property. Our Service and Materials, including but not limited to text, content, layout, design, files, databases, software, processes, procedures, analyses, formulae, applications, proprietary information, photographs, video, audio and graphics, are protected by copyrights, patents, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of the United States and other countries. Our Service is also protected as a collective work or compilation under United States copyright and other laws and treaties. All individual articles, columns and other elements making up Our Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on Our Service. You acknowledge that Our Service has been developed, compiled, prepared, revised, selected and arranged by the Company through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company. Accordingly, you agree that upon any violation or threatened violation of this Section 7, the Company would sustain irreparable harm and shall be entitled to obtain from any court of competent jurisdiction, without posting any bond or other security, preliminary, temporary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such violation or threatened violation, which rights shall be cumulative and in addition to any other rights or remedies in law or equity to which the Company may be entitled. The Company shall further be entitled to the recovery of all attorney's fees and costs incurred by the Company in obtaining such relief. You agree to protect the proprietary rights of the Company and all others having rights in Our Service and the Materials during and after the term of this Agreement and to comply with all reasonable written requests made by the Company or its Information Providers, suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in Our Service and Materials. You agree to notify the Company in writing (or click here to contact us electronically) promptly upon becoming aware of any unauthorized access or use of Our Service or Materials by any party or person, or of any claim that Our Service or Materials infringes upon any copyright, trademark or other contractual, statutory or common law rights. This Section 7 is independent of any other section or provision of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for this Section 7, the Company would not have entered into this Agreement.

8. Copyrights and Claims of Copyright Infringement. The Company respects the copyright and other intellectual property rights of others and we require our users to do the same. As such, the Company has adopted and implemented a policy that provides for the termination of a User's access to Our Service, in appropriate circumstances and at the Company's sole discretion, if a User infringes upon the copyright or other intellectual property rights of others. If you believe in good faith that any materials on Our Service infringe any copyright you own or control, please provide the Company's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act of 1998 (the "DMCA"):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company suggests that you consult your legal advisor before filing any such claim as there can be penalties for filing false claims under the DMCA. The Company's Copyright Agent for notice of claims of copyright infringement in connection with Our Service can be reached using the following form: Click here to contact us.

9. Trademarks. All trade names, trademarks, service marks and other product and service names and logos (individually and collectively the "Trademarks") on Our Service and the Materials are the proprietary Trademarks of their respective owners and are protected by law. All rights not expressly granted to the User herein are hereby reserved to the Company. Your use of our Trademarks, except as provided herein, is strictly prohibited. For a complete and current list of the Trademarks owned by the Company, go to trademarks.

10. Domain Names and URLs. The domain names employed by the Company to deliver Our Service and Materials, and the URLs incorporating and based upon those domain names, are trademarks or service marks of the Company, whether or not registered in any particular country, and may not be used or linked without the express written consent of the Company. No license is granted to use the name of the Company or any of its domain names or URLs in association with any information obtained from Our Service and/or Materials.

11. License. You acquire absolutely no ownership, rights or licenses in or to Our Service and the Materials contained within Our Service other than the limited right to utilize Our Service and Materials in accordance with the this Agreement and nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or proprietary interest of the Company or any third party. OUR SERVICE DOES NOT ENABLE YOU TO DOWNLOAD CONTENT FROM OUR SERVICE. IF YOU DO SO, YOU ARE IN VIOLATION OF THIS AGREEMENT AND THE COMPANY WILL TERMINATE YOUR ACCESS TO OUR SERVICE AND MATERIALS UPON BECOMING AWARE OF SUCH INFRACTION IN ACCORDANCE WITH SECTION 26 OF THIS AGREEMENT.

12. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Our Service and/or Materials (the "Intellectual Property Rights") shall, as between you and the Company, at all times be and remain the sole and exclusive property of the Company. All present and future rights in and title to Our Service and/or Materials (including the right to exploit Our Service and/or Materials or any portions thereof over any present or future technology) are reserved to the Company for its sole and exclusive use. Except as specifically permitted by this Agreement, you may not copy or make any use of Our Service and/or Materials or any portion thereof. Except as specifically permitted herein, you shall not use the Company's Intellectual Property Rights or Our Service and/or Materials, or the names of any individual participant in, or contributor to, Our Service and/or Materials, or any variations or derivatives thereof, for any purpose, without the Company's prior written approval and to do so would be in violation of this Agreement.

13. Restrictions on Use. You may not use Our Service and/or Materials for any illegal purpose or in any manner inconsistent with this Agreement. You agree to use Our Service and Materials solely for your own personal, non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in Our Service or Materials in any manner that could compete with the business of the Company.

14. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ASSEMBLE, REVERSE ENGINEER, OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE, DISTRIBUTE, DISSEMINATE, CIRCULATE, PUBLISH, TRANSLATE, DISPLAY, ADAPT, PERFORM, MODIFY, LICENSE, SUB- LICENSE, RESELL, ASSIGN, LOAD TO, CREATE DERIVATIVE WORKS FROM, BROADCAST, TRANSMIT OR IN ANY WAY EXPLOIT (WHETHER COMMERCIALLY OR OTHERWISE) ANY PART OF OUR SERVICE OR ANY OF THE MATERIALS CONTAINED THEREON, EXCEPT THAT YOU MAY DISPLAY MATERIALS FROM OUR SERVICE AND/OR MAKE ONE PRINT COPY ON ANY SINGLE COMPUTER SOLELY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE; PROVIDED, HOWEVER, THAT YOU RETAIN ALL COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY NOTICES THEREON. THE MATERIALS AND PRESENTATION INCLUDED IN OUR SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED, TRANSMITTED OR PUBLISHED BY YOU WITHOUT THE COMPANY' S PRIOR WRITTEN CONSENT. MODIFICATION OF OUR SERVICE OR MATERIALS WOULD BE A VIOLATION OF THE COMPANY'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS AND IS STRICTLY PROHIBITED. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF OUR SERVICE OR MATERIALS FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, INTERNET WEBCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. OUR SERVICE AND THE MATERIALS CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY OUR SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF OUR SERVICE OR MATERIALS. YOU MAY NOT USE OUR SERVICE OR MATERIALS IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF THE COMPANY'S TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH THE COMPANY'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE OUR SERVICE OR THE MATERIALS CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF THE COMPANY'S TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON OUR SERVICE.

15. Unsolicited Commercial E-mail ("UCE") or SPAM. The Company strictly prohibits the sending of UCE or SPAM including, but not limited to promotional or advertising materials, "junk mail," "surveys," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication (hereinafter collectively "UCE") using Our Service, Materials and/or the Company's equipment, network connectivity, e-mail accounts, domain names or any other property, or service owned, maintained, leased by or otherwise related to the Company activities. The Company will routinely attempt to prevent the use of Our Service, Materials and/or equipment in, or assisting with, the transmission of UCE. Because Our Service and Materials include the transmission of large amounts of subscription-based e-mail, it is important for the Company to maintain a strong public stance against UCE in order to avoid being identified as a UCE source and face possible blacklisting by Internet anti- UCE forces (e.g., MAPS at http://www.mail-abuse.org/).

Although The Company does not engage in sending UCE, it may be the victim of such activity. Senders of UCE may use forged headers that make it appear as if the UCE is originating from the Company's registered domain names. When the Company becomes aware of a UCE incident involving the Company, the following steps will be taken:

• Report the incident to the Company's Network Operations Center, Security Division.
  • If in possession of the UCE or complaint in electronic format, forward it to the e-mail address: frontdesk@stockdiagnostics.com
  • If in possession of the UCE or complaint in paper format, fax to the NOC-Security Division at: 207.764.6948
• The NOC-Security Division will investigate the incident to determine whether the Company is at fault or a victim.
• A standardized response will be sent to the party that the complaint came from.
• If the Company is a victim of the UCE, the security division will file complaints with the UCE sender's ISP, owners of any 3rd-party e-mail relay server used in sending the UCE and various UCE blacklist maintainers.
• If the Company is at fault for sending the UCE, the security division will investigate the incident, address any security issues found and provide a detailed report to the Company management.

You agree, at your own expense, to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers, against any liability, claim, suit, action or other proceeding brought against the Company, its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers, by you or a third party, to the extent that such claim, suit, action or other proceeding brought against the Company, its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers is based on or arises in connection with the receipt of any UCE via Our Service or Materials. Furthermore, if you are found to have distributed any UCE using Our Service or Materials or any the Company equipment, you agree to pay any and all damages incurred by the Company including, but not limited to reasonable attorneys' fees, in connection with your transmission of any UCE using Our Service or Materials or any the Company equipment. Because such damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay the Company liquidated damages of $5.00 (Five Dollars) or actual damages, whichever amount is higher, for each piece of UCE transmitted by you (or via your account, if applicable) using Our Service, Materials or any the Company equipment.

16. Linking and/or Framing. You acknowledge that Our Service and Materials have been specifically designed by the Company for presentation in a unique format and appearance, with the Company's look and feel (collectively "Look and Feel"), and that such Look and Feel is protected by copyrights, patents, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of the United States and other countries. As such, the Company, without limiting the provisions of this Agreement, expressly prohibits the linking to or framing of Our Service or Materials in part or whole without the prior written consent of the Company and to do so would be a violation of this Agreement.

17. Disclaimer and Limitation of Liability. ALTHOUGH THE COMPANY TRIES TO PROVIDE INFORMATION THROUGH OUR SERVICE AND MATERIALS AS ACCURATELY AND TIMELY AS REASONABLY PRACTICABLE, DUE TO THE NUMBER OF SOURCES FROM WHICH THE INFORMATION CONTAINED ON OUR SERVICE AND MATERIALS IS OBTAINED, THE INHERENT HAZARDS OF ELECTRONIC TRANSFER AND THE POSSIBILITY OF INADVERTENT HUMAN OR TECHNICAL ERRORS, YOU AGREE THAT YOUR USE OF OUR SERVICE AND/OR THE MATERIALS IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT OUR SERVICE AND ANYTHING CONTAINED THEREIN OR ACCESSED THEREFROM INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO OUR SERVICE AND/OR THE ITEMS INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, COMPATIBILITY, SECURITY, ADEQUACY, ACCURACY, COMPLETENESS, DELIVERY, TIMELINESS, SATISFACTORY QUALITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. FURTHERMORE, THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE: (A) THAT OUR SERVICE AND/OR THE ITEMS INCLUDING, BUT NOT LIMITED TO THE CALCULATIONS OR FORMULAE UNDERLYING ANY RANKINGS, CLASSIFICATIONS OR EVALUATIONS ON OUR SERVICE OR ITEMS, ARE FREE OF ERRORS, INACCURACIES, OMISSIONS OR DELAYS (WHETHER TECHNICAL, TYPOGRAPHICAL OR OTHERWISE) OR THAT SUCH DEFECTS WILL BE CORRECTED, AND THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DEFECTIVE FEATURES, AND (B) AS TO ANY RESULTS FROM THE USE, MISUSE, INTERPRETATION OR MISINTERPRETATION OF OR RELIANCE UPON OUR SERVICE AND/OR THE ITEMS. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS AND USEFULNESS OF ALL THE ITEMS AVAILABLE ON OR THROUGH OUR SERVICE. IN ADDITION, THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT OUR SERVICE AND/OR THE ITEMS ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT OUR SERVICE AND/OR THE ITEMS ARE FREE OF VIRUSES, WORMS OR "TROJAN HORSES," OR THAT SUCH DESTRUCTIVE FEATURES WILL BE CORRECTED, AND THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT THE COMPANY, ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (A) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, THIRD- PARTY AGENTS, INFORMATION PROVIDERS OR SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH OUR SERVICE AND/OR THE ITEMS AND SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSSES, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY CLAIM AGAINST THE COMPANY BY ANY OTHER PARTY OR (B) ANY FAULT, INACCURACY, OMISSION, DELAY, MIS-DELIVERY OR ANY OTHER FAILURE IN OUR SERVICE AND/OR THE ITEMS THEREON CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF OUR SERVICE AND/OR THE ITEMS ON SUCH EQUIPMENT. THE COMPANY IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS OUR SERVICE. YOU UNDERSTAND THAT THE COMPANY, THE INFORMATION PROVIDERS, SUPPLIERS AND/OR ANY OF THE THIRD-PARTY CONTRIBUTORS TO OUR SERVICE AND/OR THE ITEMS MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE THIS AGREEMENT.

18. Further Disclaimer and Limitation of Liability. YOU ACKNOWLEDGE THAT: (A) OUR SERVICE AND MATERIALS ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE EXPRESSLY NOT INTENDED FOR TRADING PURPOSES; (B) OUR SERVICE AND MATERIALS INCLUDE INFORMATION, INCLUDING BUT NOT LIMITED TO STOCK QUOTES AND OTHER MARKET DATA (COLLECTIVELY THE "MARKET INFORMATION") TAKEN FROM THE NEW YORK STOCK EXCHANGE, AMERICAN STOCK EXCHANGE, NASDAQ AND OTHER SOURCES; (C) THE COMPANY DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, ADEQUACY, COMPLETENESS, USEFULNESS OR TIMELINESS OF OUR SERVICE, MATERIALS AND/OR THE MARKET INFORMATION; (D) THE COMPANY DOES NOT WARRANT ANY RESULTS FROM YOUR USE OF OR RELIANCE UPON THE MARKET INFORMATION AS IT MAY QUICKLY BECOME UNRELIABLE FOR VARIOUS REASONS INCLUDING, WITHOUT LIMITATION, CHANGES IN MARKET CONDITIONS OR OTHER ECONOMIC CIRCUMSTANCES; (E) NEITHER THE COMPANY NOR ITS SUPPLIERS ARE OBLIGATED TO UPDATE THE MARKET INFORMATION; AND (F) THE PROVISION OF CERTAIN PARTS OF OUR SERVICE OR MATERIALS IS SUBJECT TO THE TERMS AND CONDITIONS OF OTHER AGREEMENTS TO WHICH THE COMPANY IS A PARTY. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS AND ASSIGNS, INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY THIRD-PARTY FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM OUR SERVICE OR MATERIALS INCLUDING, BUT NOT LIMITED TO, QUOTES AND FINANCIAL DATA; (B) DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF OUR SERVICE OR MATERIALS; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE BY THIRD PARTIES TO OUR SERVICE AND/OR MATERIALS. ALTHOUGH THE COMPANY ATTEMPTS TO ENSURE THE INTEGRITY OF OUR SERVICE AND MATERIALS, WE MAKE NO GUARANTEES AND EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY, ADEQUACY, COMPLETENESS OR CORRECTNESS OF OUR SERVICE AND MATERIALS. IN THE EVENT THAT SUCH A SITUATION ARISES, PLEASE CLICK HERE TO CONTACT US WITH, IF POSSIBLE, A DESCRIPTION OF THE MATERIAL TO BE CHECKED AND THE LOCATION (URL) WHERE SUCH MATERIAL CAN BE FOUND ON OUR SERVICE OR MATERIALS, AS WELL AS INFORMATION SUFFICIENT TO ENABLE US TO CONTACT YOU. WE WILL TRY TO ADDRESS YOUR CONCERNS AS SOON AS REASONABLY PRACTICABLE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF OUR SERVICE AND MATERIALS.

19. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF THE COMPANY, ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO A THE COMPANY AUTHORIZED REPRESENTATIVE HAVING BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE, OR RELIANCE UPON, OUR SERVICE OR MATERIALS OR ANY LINKS OR ITEMS ON OUR SERVICE OR ANY PROVISION OF THE THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOST REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, LOST SALES, LOST OPPORTUNITY, LOST OR WASTED TIME, LOST GOODWILL, LOST DATA, OR OTHER INTANGIBLE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL ALLEGED DAMAGES AND LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING OUR SERVICE AND, IN THE ABSENCE OF ANY SUCH PAYMENT, THE COMPANY AND ITS INFORMATION PROVIDERS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO LIABLITY.

20. Stock Quotes and E-mail Alerts. Stock quotes, if provided on Our Service, are supplied by a variety of third-party vendors including, but not limited to the Information Providers and Suppliers. Unless otherwise indicated, stock quotes are delayed at least 15 minutes. Your actual receipt of stock quotes and e-mail alerts may be affected by delays in transmission over the Internet and by other causes, and the Company, its Information Providers and Suppliers do not make, and expressly disclaim to the fullest extent permissible pursuant to applicable law, any warranty or representation of any kind, express or implied, statutory or otherwise, regarding the receipt, accuracy, adequacy, completeness, timeliness and/or usefulness of this information. As such, you should always consult a stockbroker or other authorized financial advisor or representative to verify such information as you and/or they deem appropriate before making any stock trades or other financial decisions, and this Section 20 of this Agreement constitutes advice from the Company to do so.

21. Translations into Other Languages. One of the unique features of Our Service and Materials is their availability in languages other than English. Although the Company tries to provide the most accurate translation of Our Service and Materials into languages other than English as reasonably practicable, due to differences in grammar, diction and usage between English and other languages, the inherent hazards of language translation and the possibility of inadvertent human or technical errors, you agree that your use of Our Service and/or Materials in any language is at your sole risk and acknowledge that Our Service and/or Materials, when provided in any language, are done so on an "AS IS" and "AS AVAILABLE" basis and that THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO OUR SERVICE AND/OR MATERIALS INCLUDING, BUT NOT LIMITED TO, ADEQUACY, ACCURACY, COMPLETENESS, TIMELINESS AND SATISFACTORY QUALITY OF THE TRANSLATION OF OUR SERVICE AND/OR MATERIALS INTO LANGUAGES OTHER THAN ENGLISH. FURTHERMORE, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, PUNITIVE OR EXEMPLARY DAMAGES AS TO ANY RESULTS FROM THE USE, MISUSE, INABILITY TO USE, INTERPRETATION OR MISINTERPRETATION OF OR RELIANCE UPON OUR SERVICE AND/OR MATERIALS WHEN ACCESSED IN ANY LANGUAGE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS AND SATISFACTORY QUALITY OF OUR SERVICE AND MATERIALS WHEN ACCESSING THEM, IN WHOLE OR IN PART, IN ANY LANGUAGE. THE LIMITATION OF LIABILITY IN THIS SECTION 21 OF THIS AGREEMENT SHOULD BE READ IN ADDITION TO AND IN CONJUNCTION WITH THE PROVISION CONTAINED IN SECTIONS 17 THROUGH 19 OF THIS AGREEMENT.

22. Conversion into Other Currencies. Another of the unique features of Our Service and Materials is that certain financial information contained on Our Service and/or Materials including, but not limited to stock quotes, may be converted into currencies other than the U.S. dollar ($) (the "Converted Financial Information"). Although the Company tries to provide the most accurate Converted Financial Information as reasonably practicable, due to constantly changing foreign currency conversion rates, the inherent hazards of such conversion and the possibility of inadvertent human or technical errors, you agree that your use of upon such Converted Financial Information provided on Our Service and/or Materials is at your sole risk and you acknowledge that the Converted Financial Information is provided on an "AS IS" and "AS AVAILABLE" basis and that THE COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO OUR SERVICE AND/OR MATERIALS INCLUDING, BUT NOT LIMITED TO, ADEQUACY, ACCURACY, COMPLETENESS, TIMELINESS, AND SATISFACTORY QUALITY OF THE CONVERTED FINANCIAL INFORMATION PROVIDED ON OUR SERVICE AND/OR MATERIALS. FURTHERMORE, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, PUNITIVE OR EXEMPLARY DAMAGES AS TO ANY RESULTS FROM THE USE, MISUSE, INABILITY TO USE, INTERPRETATION OR MISINTERPRETATION OF OR RELIANCE UPON THE CONVERTED FINANCIAL INFORMATION PROVIDED ON OUR SERVICE AND/OR MATERIALS. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, ADEQUACY, COMPLETENESS TIMELINESS AND SATISFACTORY QUALITY OF THE CONVERTED FINANCIAL INFORMATION PROVIDED ON OUR SERVICE AND MATERIALS. THE LIMITATION OF LIABILITY IN THIS SECTION 22 OF THIS AGREEMENT SHOULD BE READ IN ADDITION TO AND IN CONJUNCTION WITH SECTIONS 17 THROUGH 19 OF THIS AGREEMENT.

23. Links to Third-Party Web Sites. Our Service may contain links to third-party web sites (the "Linked Sites"). The content of the Linked Sites including but not limited to information, opinions, recommendations, services, goods or advertisements is not maintained or controlled by the Company. The content of the Linked Sites will not have been developed, checked for accuracy or otherwise reviewed by the Company and your linking to and/or use of the Linked Sites is done so at your own risk and you bear the sole responsibility for your use of the Linked Sites. The Company does not: (a) make any warranty or representation, express or implied, with respect to the use of the Linked Sites provided on, or to, Our Service, (b) guarantee the accuracy, adequacy, availability, content, completeness, suitability, timeliness, copyright compliance, legality or usefulness of any of the Linked Sites on Our Service or (c) make any endorsement, authorization or sponsorship, express or implied, of any of the Linked Sites on Our Service, their content or their sponsoring organizations. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any of the Linked Sites on Our Service. The Company is providing is providing these Linked Sites only as a convenience to you the User and you the User are solely responsible for abiding by the terms of service and privacy statements posted on the Linked Sites. Any dealings with any third-parties (including advertisers) included within Our Service or participation in promotions, including but not limited to the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party or advertiser. THE COMPANY EXPRESSLY STATES THAT IT IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY AND YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD THE COMPANY RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PART OF ANY SUCH TRANSACTIONS.

24. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers, against any liability, claim, suit, action or other proceeding brought against the Company, its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers, by a third party, to the extent that such claim, suit, action, arbitration or other proceeding brought against the Company, its officers, directors, employees, agents, representatives, contractors, subcontractors, partners, Information Providers and Suppliers is based on or arises in connection with Our Service or Materials or the Linked Sites on Our Service, including, but not limited to: (a) your use or misuse, or the use or misuse of an authorized or unauthorized user using your computer's use of Our Service; (b) your use or misuse, or the use or misuse of an authorized or unauthorized user using your account, if applicable; (c) a violation of the this Agreement by you or an authorized or unauthorized user using your computer (or account, if applicable); (d) a claim that any use or misuse of Our Service or Materials by you or an authorized or unauthorized user using your computer (or account, if applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, interruptions of, or any unauthorized use of, Our Service or Materials by you or an authorized or unauthorized user using your computer (or account, if applicable); (f) any misrepresentation or breach of representation or warranty made by you contained herein; or (g) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, settlements, judgments, damages, liabilities and expenses including, but not limited to, reasonable attorney's fees and costs awarded against or otherwise incurred by or in connection with or arising from any such liability, claim, suit, action, arbitration or proceeding attributable to any such claim. The Company, or a designee appointed at the Company's sole and absolute discretion, may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

25. Force Majeure. The Company shall not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control including, but not limited to, any act of God, natural catastrophe, war, pestilence, labor disputes, power shortages or failures, telecommunications disruption, equipment failures, software malfunctions or any other matter, cause or thing which such parties do not control.

26. Termination. Either you or the Company may terminate this Agreement with or without cause at any time and effective immediately. You may terminate this Agreement by discontinuing your use of Our Service and immediately destroying all materials obtained from Our Service. This Agreement will terminate immediately without notice from the Company if you, in the Company's sole and absolute discretion, fail to comply with any provision of this Agreement or if you, by your use or misuse of Our Service and/or Materials, directly or indirectly, cause the Company to be in breach, or potential breach, of any of the provisions of the agreements between the Company and its Information Providers and/or Suppliers. Upon termination by you or upon notice of termination by the Company, you must promptly destroy all materials obtained from Our Service and any and all copies thereof. Sections one through four (1-4), six through twenty-five (6-25) and twenty-seven through thirty-three (27-33) shall survive any termination of this Agreement.

27. Governing Law & Jurisdiction. This Agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the state of Florida in the United States, without giving effect to conflicts-of-law principles thereof. You hereby agree that the state and federal courts located in the State and county of Florida (United States) shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and Our Service or Materials, and you hereby consent to submit to the personal jurisdiction of such courts and irrevocably waive any objections thereto, including on the grounds of Forum Non Conveniens, regardless of from where you access Our Service or Materials. Furthermore, any litigation arising out of or in connection with this Agreement or your use of Our Service must be commenced within one (1) year after the alleged cause of action arose, or it will be permanently barred.

28. Access Outside the United States. Recognizing the global nature of the Internet, the Company does not represent that Our Service, as a whole, or any or all of the Materials or Items on Our Service are appropriate or available for use in countries outside the United States. Accordingly, Our Service and Materials are not intended or distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such country or jurisdiction. If you choose to access Our Service from outside the United States, you are responsible for compliance with foreign and local laws. Regardless of where you access Our Service from, software from Our Service is further subject to United States export controls and may not be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods or (b) to anyone on the United States Treasury Department's Table of Deny Orders. By using Our Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list. The Company, at its sole discretion, expressly reserves the right (without notice of obligation) to limit the availability and/or quantity of Our Service and/or the Materials to any person, geographic area, or jurisdiction at any time, as we so desire.

29. Fees and Payments. The Company reserves the right at any time to charge fees for access to portions of Our Service or Materials or Our Service as a whole. If, at any time, the Company requires a fee for portions of Our Service or Materials or Our Service as a whole, the Company will require you to register and create an account. In no event will you be charged for access to portions of Our Service or Materials or to Our Service as a whole unless the Company obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through Our Service by the Company or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of Our Service through your account, and the purchase of any other products or services. Certain portions of Our Service or Materials or Our Service as a whole may hereafter require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of Our Service or Materials or Our Service as a whole if a Prepaid Fee is required unless the Company receives all fees and charges payable by you, including the Prepaid Fee.

30. Refund Policy: If at any time you wish to cancel your subscription, you can do so and receive a prompt, pro-rated refund for the number of full months that remain until the end of your subscription.

31. Headings. The section headings in this Agreement are for reference purposes only and have no legal or contractual significance and shall have no effect in any way in the meaning or interpretation of this Agreement.

32. Severability. If any provision of the this Agreement is found invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will continue in full force and effect; the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of this Agreement will continue in full force and effect. Furthermore, the Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right contained herein.

33. Entire Agreement. This Agreement and any other terms and conditions of service imposed by the Company on Our Service and its successor, constitute the entire agreement between you and the Company and govern your use of Our Service.

Copyright © 2002 All Rights Reserved.