Terms of Use

The Ace Capital, Inc. (“Ace Capital” or “Adviser”) website (the "Service") and the features at this site are subject to these Terms of Service ("Terms"), which we may update or amend from time to time; your use of this site after we post any changes to these Terms constitutes your agreement to those changes. All references to "Ace Capital" herein shall include its affiliates.

The Service is owned by Ace Capital, Inc. If you do not agree with these Terms, you should immediately discontinue use of this site. The Service may include or make available general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums; (collectively, "Content"). By using the public areas of the website you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth in this document, which apply equally to Ace Capital and to the Service and Information Providers. Customers of Ace Capital are granted additional levels of access to the website and their relationship with Ace Capital is governed by these Terms, as well as additional agreements and terms of use.

Content posted on the Ace Capital website is published as of its stated date or, if no date is stated, the date of first posting. Neither Ace Capital nor the Service has undertaken any duty to update any such information.

You are solely responsible for evaluating the merits and risks associated with the use of any Content on the Website before making any investment or other decision based on such Content. You agree not to hold Ace Capital or the Service liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website.

The Content and services offered on the Website are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.

Any trade signals sent via email will be delayed by the time it takes to receive the email. Ace Capital does not make any representations, warranties or other guarantees as to the accuracy or timeliness of any such signals. Ace Capital does not make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.

Content is provided exclusively for personal and noncommercial access and use. Ace Capital company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to, and agree not to, download, display or use any Content or name or mark in any publication, advertising, publicity or any other commercial manner, in connection with products or services that are not those of Ace Capital, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Ace Capital and/or its licensors, that dilutes the strength of Ace Capital‘s or its licensor‘s property, or that otherwise infringes Ace Capital‘s or its licensor‘s intellectual property rights. You further agree to in no other way misuse any Content that appears on the Service. You may not modify, copy, distribute, publish, license or sell any Content or any derivative work based on the Content.

Ace Capital may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless Ace Capital for any loss or damages that may result.

By using the Website, you consent to any form of recording and retention of any communication, information and data exchanged between you and Ace Capital or its representatives or agents.

Ace Capital may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums (the "Forums"). All communications made at or through the Forums are public. Ace Capital does not, unless otherwise required by law, have any obligation to screen, review, approve or endorse any Content obtained through the Forums. Reliance on the Content is at your own risk. By displaying, publishing, or otherwise posting any content on or through the site, you hereby grant to Ace Capital a limited, non- exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any such content, as well as the right to sublicense such content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones. You continue to retain all ownership rights to your content, and you continue to have the right to use your content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Ace Capital may delete any content that in its sole judgment violates these Terms. When discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security.

Ace Capital may provide links to other websites or resources. Because neither Ace Capital or the Service and Information Providers have any control over such sites and resources, you acknowledge and agree that Ace Capital is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ace Capital shall not be responsible or liable, directly or indirectly, for any damage, liability 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 or through any such site or resource.

Disclaimer of Representations or Warranties

Content and Service are provided on an "as is," "as available" basis, and Ace Capital does not make any representations as to the suitability of the Content, Services or other materials for any purpose. Ace Capital expressly disclaims any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the service and the materials.

Client Subscription Acknowledgement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR SERVICES CAREFULLY. By using our Website and/or one of our online services, you agree to the terms and conditions set forth in this Subscription Agreement (this “Agreement”). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using this Website or our services after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Website and/or our Services and you should arrange to cancel your registered user account or subscription with us, as applicable.

1. Scope of Agreement

Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by Ace Capital, Inc., including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website”), and all of the Services that we may offer currently or in the future. For purposes of this Agreement, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Ace Capital Inc.

2. Your Use of this Website and Our Services

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or our Services. You understand that only you may use your user account and password, and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Services subscribed to by you.

By using this Website and/or our Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our Services. At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Services, including, but not limited to, (i) restricting the time the Website and/or a Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or any of our Services. You agree that any termination or cancellation of your access to or use of, the Website and/or our Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our Services. There are no refunds for any circumstance with respect to our Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website or our Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

3. Charges and Fees for Services

Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to one of our Services. As a subscriber to one of our Services, you agree to the following:

  • You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on this Website in order to access our Services.

    Service Fee Frequency

    Do-It-Yourself Service

    $0.00 - $200.00

     $0.00 - $1200.00

    Monthly

    Semi - Annually

    401(k) & 403(b) Helper Service

    $0.00 - $200.00

    $0.00 - $1200.00

    Monthly

    Semi - Annually


    We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your account at the start of the billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. If you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Services you reaffirm your agreement that we may charge your credit card. In the event we cannot charge your account, we reserve the right to terminate your access to our Services.
  • In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.
  • For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Services (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information, and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Services. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
  • If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
  • You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
  • Your failure to satisfy limitations we set based on demographic, geographic, or other similar criteria, or if we terminate your subscription to one of our Services prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto our Website or used any Services during that month). If your cancellation of your subscription to one of our Services is due to your failure to satisfy limitations we set based on demographic, geographic, or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as any Sign Up Fee), we will refund any fees in accordance with the refund policy we have in effect at such time. Currently there are NO REFUNDS. If we cancel or terminate your subscription to one of our Services (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), there will be no refunds.
4. Availability of Services

The availability and use of our Services may be limited based on different types of criteria. You understand and agree we may disallow you from subscribing to our Services or may terminate your subscription to our Services at any time based on any of these criteria.

5. Cancellation of Subscription

Either you or Ace Capital, Inc. may terminate or cancel your subscription to our Services within five (5) business days of accepting your subscription. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Ace Capital, Inc., including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through this Website or any change in content provided through the Website or on a Service; (iv) your ability to access and/or use our Website or any Service; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Services, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Services, except as we may otherwise provide from time to time.

You can cancel your subscription by contacting us. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact us to have the charges reversed. If you use our Service during that next period, you will not be entitled to a refund. There are NO REFUNDS. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

6. Privacy and Security

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into this Agreement by this reference.

7. Restrictions on Use of Materials

You acknowledge that this Website contains information, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

8. Standards and Conduct Guidelines

You acknowledge that all Content and all information, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use this Website to:

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  • Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
  • Impersonate any person or entity, including, but not limited to, any user of this Website, a director, officer, employee, shareholder, agent or representative of Ace Capital Inc., or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Ace Capital Inc., or any other person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
  • Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
  • Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Area (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website ;
  • Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  • “Stalk” or otherwise harass another user or employee of this Website;
  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords;
  • Access or attempt to access another user’s account without his or her consent.

Your privilege to use this Website and contribute to discussions depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our standards and conduct guidelines, or any part of this Subscription Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Area.

Except as may otherwise be provided in our Privacy Policy, all communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website is removed.

9. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content (collectively, the “Submissions”), you grant Ace Capital, Inc. and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right

to grant the license stated above. You further acknowledge that Ace Capital, Inc. and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

10. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information: .

  • a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
  • identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
  • identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
  • your name, mailing address, telephone number and email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement.

11. Disclaimer of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE SERVICES OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

ACE CAPITAL INC. DOES NOT WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY THING DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SERVICE, OFFERING, CONTENT OR MATERIAL.

ACE CAPITAL INC. DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PSERVICES IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 13. Indemnification

You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website or our Services or offerings, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or this Agreement shall be filed only in the state or federal courts located in the Commonwealth of Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 15. Parental or Guardian Consent

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Website. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR SERVICES.

16. Links

This Agreement applies only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You

should direct any concerns with respect to any other website to that website’s administrator or webmaster.

17. Miscellaneous Terms

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms & Conditions (if applicable), are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control. This Agreement may be modified only by our posting of changes to this Agreement on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.