The following document sets out the terms and
conditions for services provided by J3 Services
Group Corporation ("J3") to Subscriber.
By using the J3 site, you agree and warrant
J3 does not give individualized trading advice.
The site is for information purposes only, and
the information provided herein is not any recommendation
to buy or sell securities of any kind. The services
provided by J3 are for the exclusive purpose
of assisting the Subscriber in making an informed
decision regarding the markets. All investors
should consult a qualified professional before
trading in any security.
J3 agrees to furnish Subscriber with access
to www.j3sg.com (the "Site") upon
Subscriber's acceptance of the terms of this
Agreement as described herein. By using www.j3sg.com,
Subscriber agrees and warrants that the data
found on the site is furnished at Subscriber's
request and for Subscriber's exclusive use.
Subscriber shall not copy or otherwise reproduce,
repackage, redistribute, further transmit, transfer,
disseminate, sell, resell, lease, rent, license,
sublicense, alter, modify or store the data
or information provided by J3 to Subscriber
for subsequent use for any purpose, in whole
or in part, in any form or by any means whatsoever,
or allow any third party to do so, without the
prior written consent of J3. In the event that
Subscriber offers or otherwise makes available
the data or information to any third parties
or to any other user, competitor or website,
J3 may immediately terminate this Agreement.
2. CONTENT IS PROVIDED "AS IS."
The information contained on the site has been
obtained from sources deemed reliable, but J3
makes no warranties or guarantees that the information
is accurate or complete, up-to-date or current,
free from technical inaccuracies or typographical
errors, or free from changes or errors caused
by third parties. Subscribers are encouraged
to also consult information from other sources
in connection with investing.
J3 makes no representations whatsoever about
any other website which Subscriber may access
through J3's site or which may link to this
site. A link to the site or a link from the
site to another site does not mean that J3 endorses
or accepts any responsibility for the content
or use of the other site.
SUBSCRIBER ASSUMES TOTAL RESPONSIBILITY AND
RISK FOR USE OF THE SITE. ALL INFORMATION IS
PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. J3 HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL J3 BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICE.
Notwithstanding anything herein to the contrary,
Subscriber agrees to indemnify, hold harmless,
reimburse and defend J3 and its officers, directors,
agents and employees from and against any and
all claims, losses, damages, liabilities, obligations
and expenses (including, without limitation,
settlement costs and any legal, accounting and
other expenses for the defense of any action
or threatened action) reasonably incurred in
connection with the following: (a) the breach
of any representation or warranty in this Agreement;
(b) any claim that any of the information provided
is not current, complete or accurate shall be
valid only to the extent that such delay, omission
or inaccuracy arises solely from J3's own gross
negligence or willful misconduct; or (c) any
actual or alleged infringement of copyrights,
patents, service marks or trademarks or the
misappropriation of trade secrets, or other
proprietary rights, used and displayed in accordance
with the provisions of this Agreement.
3. SUBSCRIPTION-BASED SERVICE CHARGES.
J3 will provide higher functionality to this
site should Subscriber purchase a Site Subscription.
In the event Subscriber elects to purchase a
Site Subscription, the following provisions
(a) Subscriber agrees to pay, using a valid
credit card accepted by J3, the subscription
charges set forth on the Site, applicable taxes,
and other charges incurred on Subscriber's account
in order to access a Site Subscription. J3 reserves
the right to modify its fees, surcharges, and
site subscription fees, or to institute new
fees at any time. J3 will automatically charge
Subscriber's account for renewal of Subscriber's
Site Subscription, and the renewal charge will
be the current published rates for the term
of Subscriber's Site Subscription.
(b) Subscriber is responsible for all charges
associated with connecting to the Site including,
without limitation, all telephone access lines
(including long-distance charges, when applicable),
telephone and computer equipment and any service
fees necessary to access the Site Subscription.
(c) For purposes of identification and billing,
Subscriber agrees to provide J3 with accurate,
complete, and updated information required by
the site subscription registration ("Registration
Data"), including Subscriber's name, address,
telephone number(s), and applicable payment
data (e.g., credit card number, e-mail address,
and expiration date). Subscriber may check,
following subscription help instructions, to
determine whether Subscriber's Registration
Data is current and accurate, and, if not, to
correct or update Subscriber's Registration
Data. Failure to comply with this provision
(including, without limitation, falsification
of any Registration Data) may, at J3's option,
result in immediate suspension or termination
of Subscriber's right to use the Site Subscription.
J3 shall not be responsible for any loss of
Subscriber Data caused by third parties.
(d) Subscriber agrees to promptly update Subscriber's
Registration Data, following subscription help
instructions, in the event of any known or suspected
unauthorized use of Subscriber's subscription,
or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure
of Subscriber's password or credit card information.
In the event of a breach of security, Subscriber
will remain liable for any unauthorized use
of Subscriber's subscription until Subscriber
updates Subscriber's Registration Data. If Subscriber's
credit card expires, is canceled, is lost or
is subject to use without Subscriber's authorization,
or if Subscriber's subscription is subject to
use without Subscriber's authorization, follow
subscription help instructions to update Subscriber's
J3 may discontinue or change the Services, or
the availability of Services to Subscriber,
immediately, in its sole discretion, at any
time without cause. J3 may terminate this Agreement
and your access to and use of the Services,
or any portion thereof, immediately, in its
sole discretion, at any time without cause.
5. GOVERNING LAW
J3 and Subscriber agree that this Agreement
is made and entered into in the State of South
Carolina and shall be governed by and construed
in accordance with the laws of South Carolina.
Subscriber hereby consents to the exclusive
jurisdiction of the state courts of the State
of South Carolina or the federal courts located
in South Carolina in the event of any legal
proceeding that may result from a dispute or
breach of any of the terms of this Agreement.