Terms

TERMS

Terms and conditions

Please read the following Terms of Use (“Terms”) carefully. They govern your use of the website www.equitiesfirst.com (the “Site”) of Equities First Holdings® (“EFH”). By accessing this Site, you acknowledge and agree to be bound by the following Terms. They may be modified from time to time without notice by EFH, but they will be posted on this Site. If you do not agree to the following Terms, do not use this Site.

User conduct

You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that EFH may terminate your use of the Site in EFH’s sole discretion for any reason.

You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify EFH of any unauthorized use of your password or account, or any other breach of security of which you become aware.

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of EFH. EFH has no obligation to monitor the Site; however, you acknowledge and agree that EFH has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by EFH; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.

Copyright and trademarks

This Site and all information, documentation, and other content posted in or on this Site are subject to copyright 2007 Equities First Holdings® and/or its affiliates. All rights reserved. Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of EFH, its affiliates, its licensors, and/or its affiliates’ licensors. The graphics, icons, and overall appearance of this Site are the property of EFH. The posting of information, documentation, and other content does not constitute a waiver of any of EFH’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of EFH. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. EFH and its affiliates reserve the right to revoke this authorization at any time. “EFH,” the EFH logo, and other names of EFH’s products, and services referenced herein are trademarks or registered trademarks of EFH or one of its affiliated companies. All other products, services, and company names mentioned herein are the trademarks of their respective owners.

Links

This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. EFH and its affiliates do not endorse, and EFH and its affiliates are not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. EFH and its affiliates are not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that EFH and its affiliates 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 such other sites. EFH and its affiliates and content and service providers shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

Privacy policy

EFH respects and is committed to your privacy. Please review EFH’s Privacy Policy, which also governs your visit to the Site, to understand EFH’s practices.

Notices

Where required, EFH may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to EFH by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with EFH, please e-mail or write to:

Equities First Holdings

10 West Market Street

Suite 3050

Indianapolis, IN 46204

E-mail: info@equitiesfirst.com

Laws and regulations

Except to the extent that federal law may govern, these Terms and your access to and use of this Site are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, USA, in the event of any dispute arising under these Terms or arising out of your use of this Site, and waive any future right to object to such jurisdiction and venue.

The failure of EFH to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and EFH. You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. EFH shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.

These Terms, including any documents referenced herein, represent the entire understanding between you and EFH regarding your relationship with EFH and your use of the Site. These Terms supersede all previous written or oral agreements between you and EFH with respect to such subject matter. Notwithstanding any provisions of these Terms, EFH has available all remedies at law or equity to enforce these Terms.