PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USE OF THIS SITE This MyStockFund.com Internet Web Site Agreement (the "Agreement") is between you, the user ("you" and "your"), and OnLine Investments, Inc., trading as MyStockFund.com (the "Company", or "We"). Your use of this MyStockFund.com web site (the "Site") signifies your consent to and agreement with all of the terms and conditions set forth below in this Agreement. 1. You acknowledge that you have read this Agreement. Your use of this Site means that you accept all of the terms and conditions. You acknowledge that we retain the right to change, modify, add to or remove any portion of this Agreement, in whole or in part, at any time. Your continued use of the Site will mean you agree to such changes. If you do not agree to the terms and conditions in this Agreement, you may not use or access this Site. 2. This Site is owned and operated by the Company. The Site is protected by copyright as a collective work and compilation, pursuant to United States copyright laws, international conventions and other copyright laws. All materials on the Site are owned or controlled by the Company or the party credited as provider of the content. No material on the Site may be copied, modified, reproduced, republished, uploaded, posted or transmitted in any way except for your personal non-commercial home use. The names and logos "OnLine Investments", "MyStockFund" and "MyStockFund.com" are tradenames and trademarks owned by the Company. 3. The Company does not represent, endorse or guarantee the accuracy, completeness, timeliness or reliability of any statement, opinion, advice or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such statement, opinion, advice or information shall be at your sole risk. Company reserves the right to correct any errors or omissions in the Site at any time. 4. Company does not give investment advice, financial services advice, or in any way advocate the purchase or sale of any security or investment. The Site does not constitute an offer or solicitation of an offer to purchase securities and does not make the Company your agent for any purpose. The Company is not a registered broker dealer, investment company or mutual fund under any securities law or regulation. All purchases and sales of securities which you order through the use of this Site are made exclusively by and through MyStockFund Securities Inc, a registered broker dealer (the "Broker") under the Securities and Exchange Commission ("SEC") and National Association of Securities Dealers ("NASD"). The Company has contracted with the Broker to process and provide all required securities services to implement transactions which you order through this Site. Any offer or solicitation of an offer to buy or sell any security on this Site is made exclusively by the Broker. 5. THIS SITE INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIAL AND INFORMATION MADE OR ACCESSIBLE IS PROVIDED "AS IS". COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE INCLUDING WITHOUT LIMITATION ITS CONTENT, PRODUCTS, SERVICES, SOFTWARE AND HYPERTEXT LINKS, OR WITH RESPECT TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH OR BY THE SITE, OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR SERVER IS FREE OF VIRUSES. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF PROFITS IN ANY WAY ARISING FROM USE OF OR INABILITY TO USE THE SITE (SOME STATES OR COUNTRIES MAY NOT ALLOW THE ABOVE LIMITATION AND EXCLUSION SO THE SAME MAY NOT APPLY TO YOU). IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND OTHER CAUSES OF ACTION, IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO JOIN AND USE THE SITE. 6. You acknowledge that transmission to and from this Site is not confidential and your communications may be intercepted or read by others. You agree that by submitting communications to the Company through this Site, no confidential, fiduciary or other relationship is created between you and Company except as stated in this Agreement. The Company will use all reasonable efforts to maintain privacy of your personal information placed or maintained on the Site, pursuant to the MyStockFund Privacy Statement, attached to this Site. 7. This Agreement constitutes that entire agreement between you and the Company with respect to your use of the Company Site. Any cause of action you may have with respect to your use of the Site must be commenced within one year of the date the claim or cause arose. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, United States of America, without regard for conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or the Site shall be the United States District Court for the Eastern District of Virginia. BACK
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