Terms of Use

This site (the “Site”) is operated by or for The Wall Street Examiner Company Inc. under the tradename The Wall Street Examiner (“The Wall Street Examiner” or “we” or “us”). By accessing or using this Site (including any current and future version of the Site) and/or downloading/using any material, information, content or services available thereon (collectively “content”), you agree to the terms and conditions that follow (the “Terms of Use”) as they may be modified from time to time by us and acknowledge that you are forming a binding, enforceable legal contract between you and The Wall Street Examiner. By accessing or using the Site and/or downloading/using content you represent and warrant that you have the right, power and authority to agree to and to be bound by these Terms of Use and to enter into a legal contract. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and to be bound by these Terms of Use and/or enter into a legal contract, you must immediately cease to use this Site.

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General
The Wall Street Examiner has the right but not the obligation, in its sole discretion and at any time, to change or discontinue any aspect or feature of the Site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Site. The Site is designed to provide information about, and access to, The Wall Street Examiner’s content. The information, materials and services offered on this Site are provided solely for general information. Your use of the Site is conditioned on the understanding that The Wall Street Examiner is not engaged in rendering financial or other professional services or advice, and your use of this Site and its content is entirely at your own risk. The content on this Site does not form part of any offering and may not be relied upon by users of the Site, or the material, information, content or services available on the Site. In addition to your use of the Site, your use of the content is subject to the additional terms, disclaimers and caveats that may appear in these Terms of Use and throughout the Site, and in any
amendments thereto.

Limitation on Use of Site and Content
The content available at this Site is not available for use, and should not be used, by residents of countries, states, or other localities in which The Wall Street Examiner is not licensed as may be required by applicable national, state or local laws or regulations, or in which
such use is otherwise restricted or prohibited. Use of Site Any content, including, but not limited to, data, text, software, music, sound, photographs, images, graphics, video and messages contained on this Site may be proprietary to The Wall Street Examiner, its licensors and/or the contributors of such content. The organization and layout of the content are proprietary to The Wall Street Examiner and are protected by copyright and other laws. The Wall Street Examiner hereby grants to you a nonexclusive, nontransferable license to use only those portions of the content that are made
available to you by The Wall Street Examiner on the Site, subj ect to and in accordance with the terms and conditions of these Terms of Use and any other limitations and conditions established by The Wall Street Examiner from time to time. You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site:
(a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the
content;
(b) modify, merge or create derivative works of any portion of the content; or
(c) decompile, disassemble or reverse engineer any content on the Site;

When using the Site, you may not:
(1) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that
(a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
(b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
(c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or
(d) you do not have a right to transmit or publish under any law, contractual obligation
(i.e., nondisclosure agreement) or fiduciary duty;
(2) encourage or engage in illegal activity;
(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) upload, post, e-mail or otherwise transmit any material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
(5) interfere with or disrupt, or attempt to interfere with or disrupt, the content or servers or networks connected to the Site;
(6) violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance;
(7) engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the content or the Site;
(8) use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any content contained thereon without our prior expressed written permission; or
(9) use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the content.

Ownership
You acknowledge that The Wall Street Examiner, its licensors and/or contributors of content to the Site (collectively “Content Owners”) have and shall retain exclusive ownership of all proprietary rights in or to such Content, including the format and presentation thereof. You shall have no right or interest in any Content, including such content as you may upload to the Site, except the right to use the content as set forth in these Terms of Use. You acknowledge that the Site and the
content has been created, compiled, prepared, selected and arranged by the content owners through the expenditure of substantial time, effort and money, and that it constitutes the valuable property and confidential copyrighted information of the content owners (“Proprietary Information”). You agree to take all necessary precautions to maintain the confidentiality of such Proprietary
Information, to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright management information or other proprietary notice included
in the Content. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

Unless otherwise stated in a signed written agreement between you and The Wall Street Examiner, with respect to all information, data, text, software, music, sound, photographs, images, graphics, video, messages and other content you elect to upload, post, e-mail or otherwise transmit to or via the Site (“User Content”), you grant The Wall Street Examiner, its affiliates, and licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, reformat, perform, display, transmit, publish, translate, prepare derivative works of, distribute, sell, and take any other action (including destroying User Content) with respect
to User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that The Wall Street Examiner may preserve any User Content and may also disclose User Content in its discretion. You represent and warrant that (a) you own or have the full right, power and authority to grant to The Wall Street Examiner use of and rights in and to all User Content, whether owed by
or licensed to you by a third party; (b) your license of User Content to The Wall Street Examiner hereunder does not, and the license of User Content by The Wall Street Examiner to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to User Content.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND
AND AGREE THAT (A) THE WALL STREET EXAMINER AND ITS RESPECTIVE
OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD
PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING CONTENT SERVICES
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING
FROM YOUR USE OR INABILITY TO USE OR INTERPRET THE SITE, CONTENT,
SOFTWARE OR SERVICES, OR ANY OTHER SITE, CONTENT OR SOFTWARE, SERVICES
YOU ACCESS THROUGH A LINK FROM THE SITE, CONTENT SOFTWARE, OR SERVICES,
OR FROM ANY ACTIONS THE WALL STREET EXAMINER MAY TAKE OR FAIL TO TAKE
AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE,
BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS,
DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA,
UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA,
AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

BECAUSE YOU ARE ALLOWED TO USE THE SITE, CONTENT, SOFTWARE, AND
SERVICES WITHOUT CHARGE (A) THE WALL STREET EXAMINER, AND ITS
RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B)
ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE,
CONTENT, SOFTWARE OR SERVICES SHALL HAVE NO LIABILITY TO YOU FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY
OTHER DAMAGES WHATSOEVER. YOU RELEASE (A) THE WALL STREET EXAMINER AND
ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND
(B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE
SITE, CONTENT, SOFTWARE, AND SERVICES FROM CLAIMS, DEMANDS AND DAMAGES
(INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THE SITE, CONTENT, SOFTWARE, AND SERVICES.

IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, IN THE UNITED STATES,
YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.”

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR
OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCE WILL THE WALL STREET EXAMINER OR ANY OF ITS
RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES BE
LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER’S USE OR
INTERPRETATION OF THE SITE, CONTENT, SOFTWARE, OR SERVICES, INCLUDING,
BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE,
CONTENT, SOFTWARE OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF THE SITE, CONTENT OR SERVICES.

THE WALL STREET EXAMINER SHALL HAVE NO LIABILITY FOR ANY DAMAGES
RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM
ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND THE WALL
STREET EXAMINER’S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL
DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF
GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION
WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR
TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING
CONTENT OR SERVICES.
Your Liability
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, CONTENT, SOFTWARE OR
SERVICES OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE
TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES
(INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.

Monitoring
The Wall Street Examiner shall have the right in its sole discretion,
but not the obligation, to refuse to post or to remove any material
submitted to or posted on the Site. Without limiting the foregoing, The
Wall Street Examiner shall have the right, but not the obligation, to
remove any material that The Wall Street Examiner, in its sole
discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.

Indemnity
You agree to indemnify and hold harmless The Wall Street Examiner and
its affiliates and their respective officers, agents, partners,
directors and employees, from and against any third party claim or
demand (including reasonable attorneys’ fees), arising out of or
relating to your use of the Site or its content. You shall cooperate as
fully as reasonably required in the defense of any such claim or
demand. The Wall Street Examiner reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, at your expense, and you shall not in any event
settle any such matter without the written consent of The Wall Street
Examiner.

Remedies for Breach
Upon your breach of any of the provisions of these Terms of Use, The
Wall Street Examiner’s remedies shall include but not be limited to any
monetary benefits that accrued to you as a result of the breach, any
damages incurred by The Wall Street Examiner related to such breach,
and any other damages and relief available at law or in equity. If The
Wall Street Examiner retains any third party to obtain any remedy to
which it is entitled under these Terms of Use, The Wall Street Examiner
shall be entitled to recover all costs, including attorneys’ fees or
collection agency commissions that The Wall Street Examiner incurs.
Trademarks
The Site employs various trademarks and service marks of The Wall
Street Examiner. You may not use or display such marks in any manner
without the prior written permission of The Wall Street Examiner. This
Site also employs other trademarks and service marks that are the
property of third parties, or are licensed to, or owned by The Wall
Street Examiner. All of these trademarks and service marks are the
property of their respective owners. You agree not to use or display
them in any manner without the prior written permission of the
applicable trademark owner.

Third Party Content
The Wall Street Examiner is not a publisher of content supplied by
third parties and users of the site, but may utilize automated
processes to compile and present such content. Accordingly, The Wall
Street Examiner has no editorial control over such content. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers and users, are those of their respective
author(s) or distributor(s) and not of The Wall Street Examiner. In
many instances, the content available through the site represents the
opinions and judgments of the respective information provider or user.
The Wall Street Examiner neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on the
Site by anyone other than authorized The Wall Street Examiner employee
spokespersons while acting in their official capacities. Such content,
when posted by authorized The Wall Street Examiner employee
spokespersons, shall be clearly marked as such.

Viruses
The Wall Street Examiner assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or
browsing in the Site or your downloading of any materials, data, text,
images, video, or audio from the Site.

Export Control
Software and other materials from this Site may also be subject to
United States Export Control. The United States Export Control laws
prohibit the export of certain technical data and software to certain
territories. No software from this Site may be downloaded or exported
(1) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the Unites States has
embargoed goods; or (2) anyone on the Unites States Treasury
Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Deny Orders. The Wall Street Examiner
does not authorize the downloading or exportation of any software or
technical data from this Site to any jurisdiction prohibited by the
United States Export Laws.
Business Associates
The business associates of The Wall Street Examiner identified on this
Site are independent contractors of The Wall Street Examiner. The
business associates are not joint venturers or partners of The Wall
Street Examiner. No employee or representative of the business
associates is under the control of The Wall Street Examiner.

Cookies
This Site may use and/or require that your computer accept “cookies.”
Cookies are small text files that are stored on your computer to keep
track of settings or data for a particular web site. If you have
disabled cookies from within your browser, or if you are running
third-party software that intercepts or deletes cookies, you may not be
able to use the Site. By agreeing to these Terms of Use, and to the
extent permitted by law, you consent to the transmission of any
personal information, over a communications network or otherwise, and
in electronic form or otherwise, from any location in the world to any
other location in the world, including, but not limited to, such
transmissions from any European Union Member country to any other
country in the world.
Changed Terms
The Wall Street Examiner has the right at any time to change or modify
the terms and conditions applicable to use of the site, or any part
thereof, or to impose new conditions, including, without limitation,
adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which
may be given by any means including, without limitation, posting on the
site, or by electronic or conventional mail, or by any other means. Any
use of the site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or deletions.
The Wall Street Examiner Web site incorporates links to other Web
sites. The Wall Street Examiner does not in any way endorse, nor is it
responsible for, the content on those other Web sites. Advertisers and Merchants
You acknowledge and agree that your correspondence or business dealings
with, or participation in promotions of and product and service
offerings by advertisers and merchants found on or through the Site or
links to the Site, 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 or merchant. You agree that The Wall Street
Examiner shall not be responsible or liable for any loss or damage of
any type incurred as the result of any such dealings or as the result
of the presence of such advertisers or merchants on the Site.
The Site includes links to other online sites or locations, such as
news and other information, some of which may be operated by The Wall
Street Examiner and others of which are operated by third parties.
These links are provided as a convenience to you and as an additional
avenue of access to the information contained therein. We have not
reviewed the information on other sites and are not responsible for the
content of any other sites or any products or services that may be
offered through other sites. Inclusion of links to other sites should
not be viewed as an endorsement of the content of linked sites.
Different terms and conditions may apply to your use of any linked
sites and it is your responsibility to comply with such other terms and
conditions.
These terms of use constitute the entire agreement you and The Wall
Street Examiner with respect to the subject matter hereof and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. These terms of use shall be construed
in accordance with the laws of the State of Florida, without regard to
its conflict of laws rules. You hereby consent to the personal
jurisdiction of the State of Florida, acknowledge that venue is proper
in any state or Federal court in the State of Florida, agree that any
action related to these terms of use must be brought in a state or
Federal court in the State of Florida, and waive any objection that may
exist, now or in the future, with respect to any of the foregoing. No
waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not
be given any legal import.
Statement effective as of January 1, 2005.

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