Terms of Use

financialjoe.com
April 01, 2007

Welcome to financialjoe.com! By accessing and using the financialjoe.com Web site ("Web site"), you are agreeing to the following Terms of Use. We encourage you to review the Terms of Use, along with the Privacy Policy, which is incorporated by reference, as they form a binding agreement between financialjoe.com and you. In addition, because financialjoe.com may revise these Terms of Use from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Web site. Please note that the changes become effective immediately at the time of posting. Remember that this Terms of Use applies only to the Web site and does not apply to the content of third parties.

In addition, when using particular Services, you and financialjoe.com shall be subject to additional terms and any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If any terms contained in this Terms of Use conflict with any terms contained within such guidelines or rules, or the Additional Terms, then the terms in this Agreement shall control.

If you have any questions regarding the use of the Web site please refer first to the Help Section of the Frequently Asked Questions. All other questions or comments about the Web site or its contents should be directed to financialjoe.com Member Care Department.

INDEX OF PROVISIONS

ADDITIONAL TERMS

1. BECOMING A MEMBER AND REGISTERING ON THE WEB SITE

A. Accessing the Site and Becoming a Member. THE Web site IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE Web site, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. There is no cost to register on our web site or use our services (collectively, the "Services"). If you are merely surfing or browsing through the site and have not yet registered to become a member, your use of the Web site is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Web site. The specific Services available to you will vary depending upon whether you register as a member and whether or not you choose to utilize the service. Your use of the Web site may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). Please review these Additional Terms as they also form a binding part of our agreement with you. Once you register with financialjoe.com, we consider you a "member" of the financialjoe.com community. Your membership and password are only valid for your personal, non-commercial use of the Web site.

B. Your Information. When you register on the Web site we may ask you to provide us with certain personal information about yourself including, without limitation, your name, address, telephone number, email or other electronic address and applicable demographics (collectively, "Your Information"). Please review our Privacy Policy for clarification on how we may use Your Information and other information that you may provide or submit while using the Web site and our Services. For your part, you agree that all Your Information that you provide to us or post on the Web site is complete, accurate and up to date. You will notify us of any changes to Your Information. If you fail to update Your Information or if all or part of Your Information is (or appears to be) untrue, inaccurate, or incomplete we may suspend or terminate your membership and refuse any and all current or future use of our Web site and Services.

Without limiting any of the foregoing, you are responsible for ensuring that the email address you submit to the Site as part of your registration and during the course of your membership is valid and that the services, software or systems you use to access your email ("email Systems") do not block or filter financialjoe.com Communications. Please note that your work email may be subject to additional limitations placed on its use by your employer. We ask that you use your personal email address when registering as a member. If you choose to register with your work email, or use an email System that interferes with the delivery of financialjoe.com Communications, we may not be able to provide you with certain Services.

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Your Information, IP address and traffic information, usage history, and Content you have posted on the Web site. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

C. Your Password. We will also ask you to create a password. Because any activities that occur under your registration number or password are your responsibility it is important for you to keep your registration number and password secure. Notify us immediately at support@financialjoe.com if you believe that someone has used your registration or password without your authorization.

D. Communications. From time to time we will send you communications, in keeping with our Privacy Policy and as otherwise permitted in these Terms of Use ("financialjoe.com Communications"). Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of email Systems that may use filtering or blocking techniques that are intended to block email. financialjoe.com is not responsible for the actual delivery or your actual receipt of these communications.
Back to top

2. MEMBER CONDUCT

A. Investor's Fourms/Blogs. The Web site contains areas that enable members of the community to communicate and share information, such as message boards, forums and other areas where you may interact with other members through posting, photographs, or sharing of content (collectively the "Communication Tools"). When you use the Communication Tools, you may have the opportunity to disclose, post, or otherwise upload to publicly accessible portions of the Web site, or share with other members, information and other content, including but not limited to biographical information, and stories (collectively, the "Content"). While we may provide you with these tools and opportunities, we also wish to remind you that you should choose carefully which information you post on the Web site and that you provide to other members. We encourage you to never supply your investment account numbers, credit card numbers, or any other information in which, if supplied may be used to commit any illegal act against your or any persons or entity associated with you as a third party.

You are required to use the Communication Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post or send through the Web site. We have established some Community Guidelines that we hope will increase your awareness of your responsibilities to others when using the Communication Tools and will enhance your enjoyment of our Web site. These Guidelines are incorporated by reference into this Terms of Use. We may update these Guidelines from time to time. In addition to your adherence to the Guidelines, you specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

The following Community Guidelines apply to and govern your use of the Communication Tools:

• Do contribute responsibly in the forums;
• Do treat others in the community with respect;
• Do let us know if you come across Content that you find offensive, possibly unlawful, or that you believe otherwise violates these Community Guidelines;
• Don't upload, post, email, transmit or otherwise make available ("Provide") any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• Don't Provide any Content that encourages a criminal offense or violates the rights of any party;
• Don't impersonate anyone else or misrepresent your affiliation with a person or entity;
• Don't participate in any unauthorized or unsolicited promotions, advertising, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, or otherwise use the Web site for a commercial purpose;
• Don't violate any applicable local, state, national and international law or regulation;
• Don't Provide any correspondence from financialjoe.com or another party without such party's permission;
• Don't interfere with, interrupt, destroy or limit the functionality of the Web site or any computer software or hardware or telecommunications equipment;
• Don't harass others;
• Don't use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the friend or acquaintance;
• Don't try to gain unauthorized access to the Web site, other members' accounts, or computers connected to the Web site; and
• Don't post telephone numbers, street addresses, last names, URLs or email addresses in Content that is publicly accessible on the Web site.

B. Monitoring and Enforcement. We do not actively monitor the message boards and other Communication Tools or the Content that is posted or provided through such tools, nor are we obligated to do so. And since we don't, and may not have the ability to, control or actively monitor the Content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Web site, you may be exposed to Content that you find offensive or objectionable. You can contact our Member Care Department to let us know of Content that you find objectionable. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating memberships. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove Content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Web site that exposes you to something that you are uncomfortable with. Under no circumstances will we 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, access to, or denial of access to any Content. If you choose to take the financial advice of any person, business, third party article or any other communications viewed on the financialjoe.com website, you do this at your own risk, and financialjoe.com is not held liable in anyway. We encourage you to seek professional guidance on any financial advice you receive whether on or off the financialjoe.com website.

3. SUBMITTING OR POSTING CONTENT

A. Submitting or posting content. When you participate in the financialjoe.com community you are granting financialjoe.com certain rights to use the Content you submit or post through the Web site. By submitting Content you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Content; and the right to sublicense any or all of these rights. You acknowledge that financialjoe.com owns all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Content. Please remember that you are ultimately responsible for all Content that you provide and you warrant and represent that: (i) the Content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided in this Section 3, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. financialjoe.com is not a referral service and does not recommend or endorse any particular Financial Firm or Advisor, Consultant or Representative, investment products or tools. Rather, financialjoe.com is only an intermediary that provides tools to investors to pass information on about their current/past financial advisor and/or investments firm to other investors. We do not offer advice regarding the quality or suitability of any particular Financial Firm or Advisor, Consultant or Representative for specific, and no information on this Site should be construed as investment advice or recommendations. The Financial Advisor/ Firm rating information consists of (second and third party) individual investors statements of opinion and financialjoe.com does not hold itself out and validate individual opinions, offers, or suggestions. These individual opinions are not statements of fact or recommendations by financialjoe.com to utilize or not utilize the services of any specific Financial Firm or Advisor, Consultant or Representative. You should obtain any additional information necessary to make an informed decision prior to utilizing any Financial Firm or Advisor, Consultant or Representative, financial product or tools. You agree to assume all responsibility in connection with choosing any Financial Firm or Advisor, Consultant or Representative, whether or not you obtained information about such Financial Firm or Advisor, Consultant or Representative on or through this Site. We do not rate or post opinions on any Financial Firm or Advisor, Consultant or Representative. We assume no responsibility or liability for any advice, treatment or other services rendered by any Financial Firm or Advisor, Consultant or Representative, or for any claims that may arise directly or indirectly from any such advice, treatment or other services.

B. Financial Advisor Advertising and Communications. It is solely the responsibility of financial Advisors to ensure that any information or advertisements they place on the financialjoe website, and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable rules of professional conduct, including those regulating the form, manner or content of communications with clients, advertising, or other matters that may be required by their firms or regulatory bodies.

C. Submissions. You acknowledge and agree that any materials, including but not limited to questions, comments, pictures, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to financialjoe, or any postings on the Site, are non-confidential and shall become the sole property of financialjoe. financialjoe shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

4. financialjoe.com PROPERTY RIGHTS

The Web site (and all of the material that it contains) is owned by financialjoe.com. and is protected by intellectual property and other laws throughout the world. Nothing found on the Web site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of financialjoe.com. In addition, the trademarks, logos and service marks displayed on the Web site are the property of financialjoe.com or its licensors. If you are aware of material on the Web site that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described below.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE Web site IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of financialjoe.com or such third party that may own the material or intellectual property displayed on this Web site. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.

5. AVAILABILITY OF SERVICES

financialjoe.com does not provide you with access to the Internet or the equipment necessary to access the Internet or the Web site or Services. You are responsible for the fees charged by other parties to obtain access to our Web site and Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Web site and Services. From time to time financialjoe.com may modify, suspend or discontinue any of the Services offered on our Web site without notice to you. financialjoe.com shall not be liable to you for any modification, suspension or discontinuance of Services. financialjoe.com may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. financialjoe.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 or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

6. THIRD-PARTY OFFERS

We may allow other companies to offer you products and services, including offers through our Web site or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that financialjoe.com shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.

7. LINKING TO OR FROM OUR WEB SITE

You cannot link to our Web site without our prior written consent. While our Web site may have links to the Web sites of other companies and parties, financialjoe.com has no control over those Web sites. financialjoe.com is not responsible or liable for any content, advertising, products, services or other materials on or available from those Web sites. financialjoe.com is not 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 content, advertising, products, services or other materials on those Web sites.

8. TERMINATION/CANCELLATION

You may terminate your registration at any time by emailing cancel@financialjoe.com. If you have a dispute with us relating to the Web site or the Services, you may cancel your registration or cease use of the Web site. The cancellation of your membership or ceasing all use of our Web site is your only remedy with respect to any such dispute that you may have with us. If you choose to cancel your membership, you must email cancel@financialjoe.com We will attempt to process all cancellation requests within 72 hours after we receive your request. This will deactivate your user name and password. If you choose to use the financialjoe.com website in the future, you will be required to re-register, and your past username may or may not be available. From time to time certain members do not comply with the terms and conditions in the Terms of Use. If we determine, in our sole discretion, that you are not in compliance with the Terms of Use, we reserve the right to terminate your membership. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership, and all related information and/or bar any further access to your membership or information.

9. PRIVACY

financialjoe.com believes strongly in protecting the privacy of users of the Web site and providing you with notice of our collection and use of data, including personally identifying information collected from the Web site. Therefore, financialjoe.com has adopted a Privacy Policy, which is incorporated herein by reference, that you should read to fully understand how we collect and use information.

10. COPYRIGHT INFRINGEMENT POLICY

In compliance with the Digital Millennium Copyright Act ("DMCA"), financialjoe.com has established the procedure outlined below to address alleged copyright infringement on the Web site. If you believe that your work has been copied and has been posted to this Web site in a way that constitutes copyright infringement, you may provide financialjoe.com with notice of your complaint by providing financialjoe.com Designated Copyright Agent with the following information in writing: the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; identification of the copyrighted work that you claim has been infringed; identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit financialjoe.com to locate the material; your name, 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; and a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

To be effective, your notification must be in writing and include the above information. financialjoe.com ' Designated Copyright Agent to receive your notification is:

Name of Agent: Intellectual Property Manager
Email Address Designated Agent: copyrightnotice@financialjoe.com

financialjoe.com, in its sole discretion, reserves the right to refuse additional Content from members who have posted allegedly infringing material, and / or delete the material, or to terminate such members' accounts. financialjoe.com reserves the right to remove without notice, any user rating if we believe to be true the rating was posted out of vengeance, deceit, or is fictitious in any manner and is in violation of the user agreement.

After receiving a notification, financialjoe.com will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws.  Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), financialjoe.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. financialjoe.com will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

If you are subject to a notification, you may provide us with a counter notification by providing our Designated Copyright Agent the following information in writing: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which financialjoe.com may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement. Upon receipt of a proper counter notification under the DMCA (as set forth above), financialjoe.com will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days. Additionally, financialjoe.com will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless financialjoe.com Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Web site.

11. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

OUR Web site AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. financialjoe.com DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE Web site ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND financialjoe.com MAKES NO WARRANTY THAT THE INFORMATION ON THE Web site WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Web site WILL MEET YOUR EXPECTATIONS financialjoe.com DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE Web site, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

12. LIMITATIONS OF LIABILITY

YOUR USE OF THE Web site IS ENTIRELY AT YOUR SOLE RISK. financialjoe.com AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE Web site, EVEN IF financialjoe.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE INFORMATION AND DATA ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND NOT AS A RECOMMENDATION TO INVEST. ALL INFORMATION AND DATA WERE OBTAINED BY financialjoe.com FROM SOURCES BELIEVED BY financialjoe.com TO BE RELIABLE; HOWEVER, NO GUARANTEE IS MADE OR IMPLIED WITH RESPECT TO ACCURACY OR COMPLETENESS. THE INFORMATION AND DATA CONTAINED HEREIN ARE SUBJECT TO CHANGE BY financialjoe.com WITHOUT NOTICE, AND financialjoe.com, ITS PARENT COMPANY, SISTER COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AGENTS, OR REPRESENTATIVES MAY FROM TIME TO TIME HAVE LONG OR SHORT POSITIONS OR MAY ACQUIRE DIRECT OR INDIRECT BENEFICIAL INTEREST IN SECURITIES MENTIONED OR THOSE NOT SO MENTIONED. financialjoe.com IS NOT LIABLE FOR ANY ERRORS OR DELAYS IN THE DATA AND INFORMATION ON THIS SITE, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. BY ACCESSING THE financialjoe.com SITE, A USER AGREES NOT TO REDISTRIBUTE THE INFORMATION FOUND THEREIN.

13. INDEMNIFICATION

You shall indemnify and hold harmless, and at the request of financialjoe.com defend, financialjoe.com subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Web site, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

14. CHOICE OF LAW AND VENUE

The Terms of Use, your access and use of the Web site and Services and the relationship between you and financialjoe.com is governed by the laws of the State of Washington , without giving effect to its conflict of law provisions. financialjoe.com and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Washington . You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, financialjoe.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in financialjoe.com sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Web site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. COPYRIGHT AND TRADEMARK NOTICE

Web site and its Contents Copyright (c) 2005 Full Disclosure Inc. and operates under the name of financialjoe.com. All rights reserved. Full Disclosure Inc/ financialjoe.com, and all the brands of other Full Disclosure Inc/ financialjoe.com products and services shown herein are the trademarks or registered trademarks of Full Disclosure Inc/ financialjoe.com Other trademarks belong to their respective owners.

16. MISCELLANEOUS TERMS

Our relationship is not one of agency or partnership and neither you nor financialjoe.com shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Web site. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If financialjoe.com fails to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. The Terms of Use may be modified only by financialjoe.com posting changes to the Terms of Use on the Web site. Each time you access the Web site, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of financialjoe.com successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right there under, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, the Additional Terms below, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Web site and our Services, and they supersede any prior agreements, statements or representations with respect to the same.

ADDITIONAL TERMS

OTHER SUBSCRIPTION SERVICES

Any Business, Corporation or other entity may not join our individual personal services in order to track, maintain, submit ratings, or gather any information for their own or another’s business reasons. Special subscriptions to businesses are available under special subscription membership rates and conditions. Please contact our business membership department at (sales@financialjoe.com) to discuss what business subscription can best serve your company. Members may not assign or transfer his or her subscription to any other person or entity. From time to time the Subscription Services may change, without prior notice.

MEMBER REWARDS

financialjoe.com provides links to offers from certain companies in the "Member Rewards" area of the Web site and at various links throughout the Web site. The Member Rewards offers consist of various individual special offers from different companies. Each individual company providing Member Rewards offers is responsible for setting and explaining the terms of use of its Web site and its privacy policy, as well as its individual shipping, return, security and other policies applicable to the services and products offered. Please check with the specific company Web site for more information. There is no obligation whatsoever to use any offer provided to you. financialjoe.com does not guarantee, warrant or endorse any product or service sold by a Member Rewards participating company, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any such company. The purchase of any product or service from one of these companies is a transaction solely between you and that company, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible company. financialjoe.com has no responsibility or liability for any Member Rewards company or your relationship with such company.