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 that
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
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
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 apply
(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 Registration Data.
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.