| This Access Agreement is
between Asset Growth Associates and the following categories
of persons ("you" or "your") and relates to
certain electronic services and information
("Services") to which you will have electronic
access depending upon your user category through
Asset Growth Associates site on the Internet
("Site"): If you are a Asset Growth Associates
client, this Agreement is in addition to, and
does not nullify, any other agreement between
you and Asset Growth Associates governing the
conduct of your relationship with Asset Growth
Associates.
You acknowledge that the
Site is for informational purposes only and does
not constitute an offer to sell or a
solicitation of an offer to buy any security
which may be referenced in the Site. Offers can
only be made where lawful under applicable law.
If you wish to learn more about information
contained on the Site, you may contact an Asset
Growth Associates Financial Consultant.
1) SERVICES PROVIDED
Asset Growth Associates shall provide you
with electronic access, through your computer or
other electronic device (collectively
"Computer"), to the Services, including but not
limited to the provision of information
("Information") through the Site by means of an
unaffiliated Internet service provider (the
"Provider") and the ability to communicate
electronically with Asset Growth Associates
("E-mail"), as enumerated above depending upon
which category of User you are. Asset Growth
Associates may cancel or change the Services or
registration instructions at any time upon
printed or electronic notice. Your continued use
of the Services following the posting or notice
of any changes will constitute your acceptance
of such changes. You agree not to attempt to
connect to the Site, to use the Services or to
view any of the Information if you do not agree
to the terms of this Agreement.
2) USER CODES
As part of your registration process you will
select a User Name ("Name") and password
("Password"). In addition, Asset Growth
Associates will provide Registered Guests with a
Confirmation Key ("Key") which Registered Guests
will be required to use as instructed by Asset
Growth Associates to access the Services. (The
Name, Password, and Key are hereafter referred
to as "User Codes"). The User Codes are for your
personal use only. You are responsible for the
confidentiality of the User Codes, and agree not
to provide them to any third party. You are
responsible for all statements made and acts or
omissions that occur while your User Codes are
being used. Asset Growth Associates is not
responsible for any breach of security caused by
your failure to maintain the confidentiality of
your User Codes. You agree to notify Asset
Growth Associates immediately in the event of
loss or theft of any or all of your User Codes,
or if you believe the confidentiality of any or
all of your User Codes has been compromised in
any way, or in the event of your learning about
a possible or actual unauthorized use of the
Services. Asset Growth Associates reserves the
right to revoke your User Codes at any time
without prior notice.
3) ELECTRONIC RECORDING
In connection with your use of the Services,
you acknowledge and consent to the taping or any
form of electronic recording of any
communication, electronic or otherwise, between
you and Asset Growth Associates or its
representatives or agents. You acknowledge and
consent to the recording, retention and use by
Asset Growth Associates (and its employees,
representatives and agents) of all information
and data that you input during your use of the
Services, including without limitation, all
selections and uses of calculators and other
tools included therein.
4) ELECTRONIC
COMMUNICATION
a) The Services permit you to communicate
electronically by sending an E-mail message to
Asset Growth Associates. You agree not to use
E-mail for the transmission of orders to
purchase or sell a security or to transfer
funds, or to transmit any personal credit
information (including credit card numbers), to
give notice of a change of address, or to give
Asset Growth Associates any time-sensitive
instructions. In addition, if you are a Asset
Growth Associates client who has registered on
the Site, you agree not to use E-mail to give
Asset Growth Associates any instruction
affecting your account(s) or any linked
accounts, including, but not limited to, placing
orders to purchase or sell a security or to
transfer funds. Asset Growth Associates shall
not be liable for any actions taken or any
omissions to act as a result of any E-mail
message you send to Asset Growth Associates.
b) Registered Guests and Registered Clients
will provide Asset Growth Associates with their
E-mail address as part of the registration
process. Although the Services currently do not
allow Asset Growth Associates Financial
Consultants to send you an E-mail message, Asset
Growth Associates may modify the Services to
include E-mail messages sent by a Asset Growth
Associates Financial Consultant to you or by
your Financial Consultant if you are an Asset
Growth Associates client. In the event that
Asset Growth Associates modifies the Services to
include E-mail capability from Asset Growth
Associates to you, Asset Growth Associates shall
not be liable for any actions or for any
omissions to act on your part as a result of any
E-mail message Asset Growth Associates sends to
you. You may not use an E-mail message from your
Asset Growth Associates Financial Consultant as
the basis for the purchase or sale of any
security.
5) PROPERTY RIGHTS IN
INFORMATION AND SERVICES; SUITABILITY AND
COMPLIANCE WITH LAW
a) The Services and any Information provided
through the Services are being provided by Asset
Growth Associates only for your personal,
non-commercial use and display. You may download
the Information to the Computer and print out a
hard copy for your personal reference, provided
that you agree not to remove any copyright or
other notices contained therein.
b) The Services and the Information are the
property of Asset Growth Associates or its
licensors and are protected by applicable
copyright, patent, trademark or other
intellectual property law. Except as expressly
authorized herein, you may not reproduce,
transmit, sell, display, distribute, publish,
broadcast, circulate, modify, disseminate, or
commercially exploit such Information or any of
the Services provided in any manner (including
electronic, print or other media now known or
hereafter developed) without the written consent
of Asset Growth Associates. You also agree not
to use the Information or Services for any
unlawful purpose, and you shall comply with any
request of Asset Growth Associates or any of the
third party providers to protect their
respective rights in the Information and
Services.
c) Although the Information includes material
about the investment process generally as well
as research commentary relating to specific
securities, Asset Growth Associates is not
providing investment advice through the Site and
does not represent that any such securities are
suitable for you. In addition, you agree to make
your own independent evaluation of the
investment merits and suitability for you of any
such securities. Such Information shall not be
deemed to be a solicitation of a transaction by
Asset Growth Associates or any third party
provider. The Information contained on the Site
reflects the authors' analysis as of the
published date. The accuracy, completeness or
timeliness of such Information cannot be
guaranteed and is subject to change. Further,
the price for any security contained in any
section of the Site may differ from the price
for that security contained on any other section
of the Site. Neither Asset Growth Associates nor
any third party provider is under an obligation
to update the Information to reflect
circumstances that may occur after the earlier
of the date first appearing on the Site or the
date contained on the Information. You also
acknowledge that neither the Services nor any of
the Information will be used by you as tax or
legal advice.
d) With respect to a Asset Growth Associates
client registered on the Site, unless we
otherwise notify you in writing, any Information
provided through the Services shall not be
deemed to supersede or replace monthly or
quarterly statements of money or securities
positions required to be transmitted by Asset
Growth Associates to you.
e) In the event you use the Services or the
links included on the Site to gain access to a
World Wide Web site or Internet location or
source of information of any company,
organization or person other than Asset Growth
Associates, or to any other Internet location,
you acknowledge that such other sites or
locations are not under the control of Asset
Growth Associates and agree that Asset Growth
Associates shall not be responsible for any
information or other links found at any such
site or Internet location or source of
information, or for your use of such
information. Asset Growth Associates provides
such links only as a convenience to you, and has
not tested any software or verified any
information found at such sites. The fact that
Asset Growth Associates has provided a link to
another site does not signify an endorsement of
the site or its contents by Asset Growth
Associates. There are inherent risks in the use
of any software or information found on the
Internet, and you acknowledge that you
understand these risks before making any use of
the Services.
f) Transmission or use of any material in
violation of this Agreement, or any applicable
law, rule or regulation (whether of the United
States or other countries), or the rights of any
third party is prohibited. This includes, but is
not limited to, copyrighted material, material
which is defamatory, threatening, obscene, lewd
and indecent, material protected by trademark,
trade secret, or patent laws, or material that
results in an invasion of privacy.
6) WARRANTIES AND
LIMITATION OF LIABILITY REGARDING THE SERVICES
a) THE ACCURACY, COMPLETENESS, SEQUENCE OR
TIMELINESS OF THE INFORMATION CANNOT BE
GUARANTEED.
Asset
Growth Associates AND ITS AFFILIATES,
AGENTS AND LICENSORS SHALL NOT HAVE ANY
RESPONSIBILITY FOR DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES YOU MAY
INCUR FOR ANY RELIANCE BY YOU ON INFORMATION OR
FOR THE RELIABILITY, ACCURACY, COMPLETENESS,
SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY
DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY
OF ANY PART OF THE INFORMATION OR SERVICES, OR
FOR ANY UNAUTHORIZED USE BY YOU OF E-MAIL.
b) YOU UNDERSTAND THAT ANY QUOTATIONS
PROVIDED AS PART OF THE SERVICES MAY BE DELAYED
AND MAY NOT REFLECT THE PRICES AT WHICH THE
QUOTED SECURITIES MAY BE BOUGHT OR SOLD. YOU
SHOULD NOT MAKE ANY DECISIONS TO BUY OR SELL
SECURITIES BASED ON SUCH QUOTATIONS OR ON ANY
OTHER INFORMATION ACCESSED ON OR THROUGH THE
SITE. YOU UNDERSTAND THAT
Asset
Growth Associates DOES NOT GUARANTEE THAT
IT WILL CONTINUE TO MAKE THE INFORMATION AND
SERVICES AVAILABLE TO YOU, WHETHER BY THE SAME
METHODS CURRENTLY USED OR OTHERWISE. YOU AGREE
NOT TO HOLD
Asset
Growth Associates LIABLE FOR ANY DAMAGES
ARISING FROM A DISCONTINUATION OR MODIFICATION
OF ALL OR PART OF THE SERVICES OR INFORMATION.
c) EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT,
Asset
Growth Associates AND ITS AFFILIATES,
AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND ERROR-FREE AND UNINTERRUPTED
SERVICES.
Asset
Growth Associates DOES NOT WARRANTY,
GUARANTY, OR MAKE ANY REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR
ASSUME ANY LIABILITY TO YOU REGARDING (i) THE
USE OR THE RESULTS OF THE USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION ANY FINANCIAL
RESULTS BASED ON USE OF THE SERVICES OR
INFORMATION OR ANY DELAY OR LOSS OF USE OF THE
SERVICES, OR (ii) SYSTEM PERFORMANCE AND EFFECTS
ON OR DAMAGES TO SOFTWARE AND HARDWARE IN
CONNECTION WITH ANY USE OF THE SITE, SERVICES,
AND INFORMATION.
d) IN ADDITION TO AND WITHOUT LIMITING THE
FOREGOING,
Asset
Growth Associates SHALL NOT BE LIABLE FOR
ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE
SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR
OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT
MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE,
CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR
OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF
THE SERVICES OR ANY OF YOUR SOFTWARE, HARDWARE,
DATA OR PROPERTY.
e) IN ADDITION TO AND WITHOUT LIMITING THE
FOREGOING,
Asset
Growth Associates MAKES NO REPRESENTATION
AND ASSUMES NO LIABILITY REGARDING THE QUALITY,
SAFETY, ACCURACY, OR SUITABILITY OF ANY
INFORMATION OR SOFTWARE FOUND ON ANY OTHER SITE
NOT UNDER
Asset
Growth Associates' CONTROL.
f)
Asset Growth Associates AND ITS
AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE
LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU
RELATED IN ANY WAY TO YOUR USE OF THE SERVICES
AND INFORMATION. EXCEPT AS OTHERWISE PROVIDED BY
LAW,
Asset Growth Associates SHALL HAVE NO
LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE,
ACTIONS OR FAILURE TO ACT OF THE PROVIDER OR ANY
THIRD PARTY PROVIDER, AND TO THE EXTENT
PERMITTED BY LAW, NEITHER
Asset
Growth Associates NOR THE PROVIDER OR ANY
THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER
SUCH DAMAGES ARE REASONABLY FORESEEABLE), OR FOR
ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH
Asset
Growth Associates OR ANY OTHER SUCH
ENTITY DOES NOT HAVE CONTROL, INCLUDING BUT NOT
LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL
EQUIPMENT, UNAUTHORIZED ACCESS, STRIKES,
FAILURES OF COMMON CARRIER OR UTILITY SYSTEMS,
SEVERE WEATHER, OR OTHER CAUSES COMMONLY KNOWN
AS "ACTS OF GOD".
7) YOUR REPRESENTATIONS
AND WARRANTIES
You hereby represent and warrant that you are
of the age of majority. If you are a Registered
Client or a Registered Guest you hereby
represent and warrant that all the information
provided by you during the registration process
is accurate and complete.
8) CONFIDENTIALITY
Asset Growth Associates shall use reasonable
precautions to maintain the confidentiality of
the information you have provided to Asset
Growth Associates and information you have
created, input or developed in connection with
your use of the Services, but because such
information can be accessed through the
Internet, you hereby acknowledge and agree that
there can be no assurance that the information,
any Information provided to you through the
Services, or any communication through E-mail
will remain secure. In addition, Asset Growth
Associates may disclose such information to its
employees, representatives, officers, agents,
and affiliates, as well as a governmental
entity, the Provider or any other third party
agent or service provider (a) for any purpose
related to the conduct of Asset Growth
Associate's business or to the offering,
providing or maintaining of the Services, (b) to
comply with applicable rules, orders, subpoenas
or other legal process, or in order to give
information to any government agency or official
requesting such information, or (c) for any
other legitimate business purpose.
9) GOVERNING LAW
Except for statutes of limitation applicable
to claims, this Agreement and all the terms
herein shall be governed by and construed in
accordance with the laws of the State of Texas
without giving effect to principles of conflicts
of law. The statute of limitation applicable to
any claim shall be that which would be applied
by the courts of the state in which you reside.
10)TERMINATION
Either you or Asset Growth Associates may
terminate this Agreement and your access to the
Services at any time. If you are a Registered
Guest, your registration for these Services may
continue for sixty (60) days from the time you
registered unless terminated sooner by either
you or Asset Growth Associates. Asset Growth
Associates may discontinue or change the
Information or the Services, or their
availability to you, at any time. Any violation
or breach by you of any of the terms of this
Agreement will be cause for Asset Growth
Associates to terminate your access to the
Services without notice. Paragraphs 6, 8, and 13
shall survive termination of this Agreement.
11)ASSIGNMENT
Resale and/or any commercial redistribution
of the Services or Information, is not
permitted. This Agreement and your rights and
obligations hereunder may not be assigned by you
without the written permission of Asset Growth
Associates and shall inure to the benefit of
Asset Growth Associates' successors and assigns
whether by merger, consolidation or otherwise.
Asset Growth Associates may assign this
Agreement or any of its rights or obligations
under this Agreement to a company affiliated
with, or a successor to or assignee of, Asset
Growth Associates, or to any other third party.
12) MISCELLANEOUS
a) This Agreement represents the complete and
exclusive statement of the agreement and
understanding between you and Asset Growth
Associates regarding your rights to access and
use the Services and Information on the Site,
and supersedes all prior and contemporaneous
agreements and representations regarding such
subject matter. Except as herein provided, no
waiver, modification or amendment of any
provision of this Agreement shall be effective
against Asset Growth Associates unless the same
is in writing and signed by an authorized
official of Asset Growth Associates. Asset
Growth Associates may modify these terms and
conditions at any time upon written notice or
posting to the Site. You agree that if you use
the Services after such notification of changes
in the Agreement, you will be bound by all such
changes. At the time of such modification, you
will have the opportunity to reject such
modification, which rejection shall constitute a
termination of this Agreement and of your rights
to access and use the Site, Services and
Information. Should any term or provision of
this Agreement be deemed or held to be invalid
or unenforceable, the remaining terms and
provisions shall continue in full force and
effect.
b) Asset Growth Associates' failure to insist
at any time upon strict compliance with any term
of this Agreement, or any delay or failure on
Asset Growth Associates' part to exercise any
power or right given to Asset Growth Associates
in this Agreement, or a continued course of such
conduct on Asset Growth Associates' part shall
at no time operate as a waiver of such power or
right, nor shall any single or partial exercise
preclude any other future exercise. All rights
and remedies given to Asset Growth Associates in
this Agreement are cumulative and not exclusive
of any other rights or remedies which Asset
Growth Associates otherwise has at law or
equity.
13) INDEMNIFICATION
You hereby indemnify and hold harmless Asset
Growth Associates (and its directors, officers,
employees, control persons, vendors, licensors
and agents), the Provider and any third party
provider from and against any and all claims,
losses, liabilities, damages, costs and expenses
(including reasonable attorney's fees and costs)
arising out of or related to your breach of your
agreements, representations and warranties
contained in this Agreement or your use of the
Services or Information (i) in violation of this
Agreement, (ii) in violation of any rights of
Asset Growth Associates, the Provider and any
third party Information provider, including
copyright, patent, trade secret, trademark, or
other intellectual property rights and publicity
and privacy rights, or (iii) in violation of any
applicable law, rule or regulation, or (iv) your
failure to maintain the security of your User
Codes as applicable in accordance with this
Agreement. This indemnification shall be binding
upon you and your executors, heirs, successors
and assigns.
I HAVE READ AND UNDERSTAND
THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF
ITS TERMS AND CONDITIONS.
I acknowledge that I have read and received
electronically a copy of this Agreement. |