Smart-Ticker.com. ("Smart-Ticker.com") welcomes you. Smart-Ticker.com provides the Smart-Ticker.com Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Smart-Ticker.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Smart-Ticker.com owned or operated services, you and Smart-Ticker.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Smart-Ticker.com may also offer other services that are governed by different Terms of Service.

Smart-Ticker.com provides users with access to a rich collection of resources, including without limitation various communications tools, forums, search services, personalized content and widgets. You also understand and agree that the Smart-Ticker.com Services may include advertisements and that these advertisements are necessary for Smart-Ticker.com to provide the Smart-Ticker.com Services. You also understand and agree that the Smart-Ticker.com Services may include certain communications from Smart-Ticker.com, such as service announcements, administrative messages and the Smart-Ticker.com Newsletter, and that these communications are considered part of Smart-Ticker.com. You understand and agree that the Smart-Ticker.com Services is provided "AS-IS" and that Smart-Ticker.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Smart-Ticker.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Smart-Ticker.com Services.

You understand that the technical processing and transmission of the Smart-Ticker.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Please be aware that Smart-Ticker.com has created certain areas on the Smart-Ticker.com Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas. Smart-Ticker.com does not monitor the age of its user audience.

In consideration of your use of the Smart-Ticker.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Smart-Ticker.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Smart-Ticker.com Service's registration form (the "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 Smart-Ticker.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smart-Ticker.com has the right to suspend or terminate your account and refuse any and all current or future use of the Smart-Ticker.com Services (or any portion thereof).

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Smart-Ticker.com Privacy Policy You understand that through your use of the Smart-Ticker.com Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Smart-Ticker.com and its affiliates.

You will receive a password and account designation upon completing the Smart-Ticker.com Service's registration 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 Smart-Ticker.com 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. Smart-Ticker.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Smart-Ticker.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Smart-Ticker.com Services. Smart-Ticker.com does not control the Content posted via the Smart-Ticker.com Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Smart-Ticker.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Smart-Ticker.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Smart-Ticker.com Services.

You agree to not use the Smart-Ticker.com Services to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a Smart-Ticker.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Smart-Ticker.com Service;

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

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (please read our complete Spam Policy);

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Smart-Ticker.com Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

interfere with or disrupt the Smart-Ticker.com Services or servers or networks connected to the Smart-Ticker.com Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Smart-Ticker.com Services;

intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

"stalk" or otherwise harass another; and/or

collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Smart-Ticker.com may or may not pre-screen Content, but that Smart-Ticker.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Smart-Ticker.com Services. Without limiting the foregoing, Smart-Ticker.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Smart-Ticker.com or submitted to Smart-Ticker.com, including without limitation information in Smart-Ticker.com Message Boards/Forums and in all other parts of the Smart-Ticker.com Services.

You acknowledge, consent and agree that Smart-Ticker.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Smart-Ticker.com, its users and the public.

You understand that the Smart-Ticker.com Services and software embodied within the Smart-Ticker.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Smart-Ticker.com and/or content providers who provide content to the Smart-Ticker.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the Smart-Ticker.com Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Smart-Ticker.com Services, in whole or in part, is strictly prohibited.

When you register with Smart-Ticker.com, you acknowledge that in using the Smart-Ticker.com Services to send electronic communications (including but not limited to email, search queries, sending messages to Smart-Ticker.com private message or Smart-Ticker.com forums, uploading photos and files, and other Internet activities), you will be causing communications to be sent through Smart-Ticker.com's computer networks. As a result, and also as a result of Smart-Ticker.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Smart-Ticker.com Services and transfer, posting and uploading of software, technology, and other technical data via the Smart-Ticker.com Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Smart-Ticker.com Services to parties identified on such lists; (b) agree not to use the Smart-Ticker.com Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Smart-Ticker.com Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

Smart-Ticker.com does not claim ownership of Content you submit or make available for inclusion on the Smart-Ticker.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Smart-Ticker.com Services, you grant Smart-Ticker.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Smart-Ticker.com forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Smart-Ticker.com Services solely for the purposes of providing and promoting the specific Smart-Ticker.com forums to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Smart-Ticker.com Services and will terminate at the time you remove or Smart-Ticker.com removes such Content from the Smart-Ticker.com Services.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Smart-Ticker.com Services other than Smart-Ticker.com forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Smart-Ticker.com Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Smart-Ticker.com Services and will terminate at the time you remove or Smart-Ticker.com removes such Content from the Smart-Ticker.com Services.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Smart-Ticker.com Services other than Smart-Ticker.com forums, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Smart-Ticker.com Services are those areas of the Smart-Ticker.com network of properties that are intended by Smart-Ticker.com to be available to the general public. By way of example, publicly accessible areas of the Smart-Ticker.com Services would include Smart-Ticker.com home page and portions of Smart-Ticker.com forums that are open to both members and visitors. However, publicly accessible areas of the Smart-Ticker.com Services would not include portions of Smart-Ticker.com forums that are limited to members, Smart-Ticker.com services intended for private communication such as Smart-Ticker.com private message or Smart-Ticker.com email, or areas off of the Smart-Ticker.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Smart-Ticker.com.

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Smart-Ticker.com through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Smart-Ticker.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Smart-Ticker.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Smart-Ticker.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Smart-Ticker.com without any obligation of Smart-Ticker.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Smart-Ticker.com under any circumstances

You agree to indemnify and hold Smart-Ticker.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Smart-Ticker.com Services, your use of the Smart-Ticker.com Services, your connection to the Smart-Ticker.com Services, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Smart-Ticker.com Services (including Content, advertisements, Software and your Smart-Ticker.com ID).

You acknowledge that Smart-Ticker.com may establish general practices and limits concerning use of the Smart-Ticker.com Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Smart-Ticker.com Services, the maximum number of email messages that may be sent from or received by an account on the Smart-Ticker.com Services, the maximum size of any email message that may be sent from or received by an account on the Smart-Ticker.com Services, the maximum disk space that will be allotted on Smart-Ticker.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Smart-Ticker.com Services in a given period of time. You agree that Smart-Ticker.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Smart-Ticker.com Services. You acknowledge that Smart-Ticker.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Smart-Ticker.com reserves the right to modify these general practices and limits from time to time.

Smart-Ticker.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Smart-Ticker.com Services (or any part thereof) with or without notice. You agree that Smart-Ticker.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Smart-Ticker.com Services (or any part thereof).

You may terminate your Smart-Ticker.com account, any associated email address and access to the Smart-Ticker.com Services by submitting such termination request to Smart-Ticker.com.

You agree that Smart-Ticker.com may, without prior notice, immediately terminate, limit your access to or suspend your Smart-Ticker.com account, any associated email address, and access to the Smart-Ticker.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Smart-Ticker.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Smart-Ticker.com Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Smart-Ticker.com's sole discretion and that Smart-Ticker.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Smart-Ticker.com Services.

Termination of your Smart-Ticker.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the Smart-Ticker.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Smart-Ticker.com Services.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Smart-Ticker.com Services, including payment and delivery 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 Smart-Ticker.com 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 Smart-Ticker.com Services.

The Smart-Ticker.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Smart-Ticker.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Smart-Ticker.com 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 Content, goods or services available on or through any such site or resource.

You acknowledge and agree that the Smart-Ticker.com Services and any necessary software used in connection with the Smart-Ticker.com Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Smart-Ticker.com Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Smart-Ticker.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Smart-Ticker.com Services, such Content or the Software, in whole or in part.

Smart-Ticker.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Smart-Ticker.com Services. You agree not to access the Smart-Ticker.com Services by any means other than through the interface that is provided by Smart-Ticker.com for use in accessing the Smart-Ticker.com Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SMART-TICKER.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SMART-TICKER.COM SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMART-TICKER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SMART-TICKER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SMART-TICKER.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SMART-TICKER.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMART-TICKER.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SMART-TICKER.COM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SMART-TICKER.COM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMART-TICKER.COM OR THROUGH OR FROM THE SMART-TICKER.COM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SMART-TICKER.COM SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SMART-TICKER.COM SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SMART-TICKER.COM SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SMART-TICKER.COM SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMART-TICKER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMART-TICKER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SMART-TICKER.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMART-TICKER.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SMART-TICKER.COM SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Smart-Ticker.com Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Smart-Ticker.com Services is provided for informational purposes only, and no Content included in the Smart-Ticker.com Services is intended for trading or investing purposes. Smart-Ticker.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Smart-Ticker.com Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Smart-Ticker.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Smart-Ticker.com Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Smart-Ticker.com Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Smart-Ticker.com Services in an authorized manner.

You agree that all of Smart-Ticker.com's trademarks, trade names, service marks and other Smart-Ticker.com logos and brand features, and product and service names are trademarks and the property of Smart-Ticker.com. (the "Smart-Ticker.com Marks"). Without Smart-Ticker.com's prior permission, you agree not to display or use in any manner the Smart-Ticker.com Marks.

Smart-Ticker.com respects the intellectual property of others, and we ask our users to do the same. Smart-Ticker.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Smart-Ticker.com's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Smart-Ticker.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:


Smart-Ticker.com

9134 Valley Blvd

Rosemead, CA 91770


or

Info at smart-ticker.com

Entire Agreement. The TOS constitutes the entire agreement between you and Smart-Ticker.com and governs your use of the Smart-Ticker.com Services, superseding any prior version of this TOS between you and Smart-Ticker.com with respect to the Smart-Ticker.com Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Smart-Ticker.com services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and Smart-Ticker.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Smart-Ticker.com, shall be brought exclusively in the courts located in the county of Los Angeles, California. You and Smart-Ticker.com agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of Smart-Ticker.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Smart-Ticker.com account is non-transferable and any rights to your Smart-Ticker.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. 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 the Smart-Ticker.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Please report any violations of the TOS to: info at smart-ticker.com

Smart-Ticker.com encourages you to use our service as long as you abide by the Smart-Ticker.com Terms of Service and Smart-Ticker.com's prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service and Smart-Ticker.com's Universal Spam Policy:

• Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Smart-Ticker.com computer systems.

• Relaying email from a third party's mail servers without the permission of that third party.

• Using or causing to be used Smart-Ticker.com computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.

• Using "robots" or otherwise harvesting other's email addresses from the Smart-Ticker.com site for purposes of sending unsolicited or unauthorized material.

• Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

• Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.

Certain Smart-Ticker.com services may have additional spam guidelines explaining appropriate conduct for those services. Those additional policies are incorporated by reference into the Smart-Ticker.com Universal Spam Policy. It is the user's responsibility to check each property's guidelines for additional details regarding spam.

Violations of our Terms of Service or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your Smart-Ticker.com ID and/or anything associated with it, including, but not limited to, user names, forums, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through Smart-Ticker.com computer systems. Smart-Ticker.com does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

Please report violations of this Universal Spam Policy. Learn more about how to report spam.

Smart-Ticker.com respects the intellectual property of others, and we ask our users to do the same. Smart-Ticker.com has no responsibility for content on other websites that you may find or access when using Smart-Ticker.com's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the Smart-Ticker.com Terms of Service, govern your use of that material.

It is Smart-Ticker.com's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Smart-Ticker.com and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

THIS PROCESS IS FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY MATTERS ONLY. Correspondence regarding other matters will not be responded to.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Smart-Ticker.com's Agent for Notice with the following information (your "Notice"):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Smart-Ticker.com site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Smart-Ticker.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:


Smart-Ticker.com

9134 Valley Blvd

Rosemead, CA 91770


or

Info at smart-ticker.com

At Smart-Ticker.com we recognize that privacy is important. This Privacy Policy applies to all of the products and services offered by Smart-Ticker.com. If you have any questions about this Privacy Policy, please feel free to contact us at info at smart-ticker.com or write to us at

Privacy Policy

Smart-Ticker.com

9134 Valley Blvd

Rosemead, CA 91770

• Information you provide - When you sign up for a Smart-Ticker.com account or other Smart-Ticker.com service or forum that requires registration, we ask you for personal information (such as user-name, email address and an account password). For certain services, such as our subscribtion based software, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other Smart-Ticker.com services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

• Cookies - When you visit Smart-Ticker.com, we send one or more cookies - a small file containing a string of characters - to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, ad selection, and tracking user trends, such as what pages are most viewed. Smart-Ticker.com also uses cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set one or more cookies in your browser when you visit our website.

• Log information - When you access Smart-Ticker.com services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

• User communications - When you send email or other communications to Smart-Ticker.com, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

• Affiliated Smart-Ticker.com Services on other sites - We offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent to Smart-Ticker.com in order to deliver the service. We process such information under this Privacy Policy. The affiliated sites through which our services are offered may have different privacy practices and we encourage you to read their privacy policies.

• Gadgets - Smart-Ticker.com may make available third party applications through its services. The information collected by Smart-Ticker.com when you enable a gadget or other application is processed under this Privacy Policy. Information collected by the application or he and he it again in the gadget provider is governed by their privacy policies.

• Links - Smart-Ticker.com may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

• Forums - we offer our users the option of participating in the Smart-Ticker.com forum. Information you disclose when posting a message on these online forums may become public.

• Communication via Email - users may unsubscribe from specific e-mail categories by 1.) Clicking the -Forum- button on the home page. 2.) Pressing -Your Control Panel-. 3.) Then pressing -Email Settings-. The -Email Settings- can be adjusted.

• Other sites - This Privacy Policy applies to Smart-Ticker.com services only. We do not exercise control over the sites displayed in our forum or other parts of our site.

Smart-Ticker.com only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:

• Providing our services, including the display of customized content and advertising;

• Auditing, research and analysis in order to maintain, protect and improve our services;

• Ensuring the technical functioning of our network;

• Protecting the rights or property of Smart-Ticker.com or our users; and

• Developing new services.

Smart-Ticker.com processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners or billing partners.

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Smart-Ticker.com, its users or the public as required or permitted by law.

If Smart-Ticker.com becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users and average time on site, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Please contact us at the address below for any additional questions about the management or use of personal data.