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 ClearStation Member Agreement


CLEARSTATION MEMBER AGREEMENT

BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS MEMBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS MEMBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS. AGREEMENT BETWEEN USER AND CLEARSTATION

This Web site (the "Web site") is offered to you (hereinafter referred to as "Member") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. The right to use this Web site and any other product or service offered by ClearStation, Inc. ("ClearStation"), is personal to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity.

MEMBER INFORMATION

Member shall provide ClearStation with accurate, complete, and updated information as to his or her real name and a valid email address provided by Member at registration. In each case, failure to do so shall constitute a breach of this agreement.

No member may (i) select or use a username or email address of another person with the intent to impersonate that person or entity; (ii) use a username or email address subject to the rights of any person other than Member without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that ClearStation, at its sole discretion, deems offensive.

PASSWORD DISCLOSURE

Member acknowledges that his or her right to use this Web site and other products or services offered by ClearStation is unique or specific to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Member's right to use this Web site is void and shall constitute a breach of this Agreement.

Member shall take any and all actions necessary to maintain the privacy of his or her password. In the event Member has reason to believe that a third party has access to Member's account, Member shall promptly change their account password by going to the "Adjust Preferences" portion of the site and following the directions listed and, if any such problem persists, notify ClearStation (by notice given to help@clearstation.com).

PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for Member's personal and non-commercial use. Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

NATURE OF SERVICE
ClearStation is neither an investment advisory service nor an investment advisor. We are not investment advisors and do not purport to tell people, or suggest to people, what they should buy or sell for themselves.

Investors should always check with their licensed financial advisor, including their tax advisor, to determine the suitability of any investment. ClearStation recommends that anyone trading securities should do so with caution, and prior to the execution of a security trade based upon information learned at ClearStation, members are advised to consult with their broker or other financial representative.

All investors are encouraged to fully investigate any security before making an investment. Investors should obtain annual reports and other company information to complete their own due diligence in any investment. As a starting point to this investigation, the Securities and Exchange Commission (the "SEC") maintains a Web site that contains reports, proxy and information statements, and other information regarding certain companies that file electronically with the SEC. In addition, the SEC also provides information on various kinds of cyberfraud they see occurring. The address of this Web site is http://www.sec.gov/. Likewise, the National Association of Securities Dealers Regulation provides their own insights on how to invest carefully online at http://www.nasdr.com/.

Neither ClearStation nor anyone affiliated with ClearStation is responsible for any investment decision made.

ClearStation has made all reasonable efforts to ensure that all information provided on its own Web site on the Internet is accurate at the time of inclusion; however, there may be inadvertent and occasional errors for which ClearStation apologizes.

The information contained within this Web site is the property of the original publisher. While we strive to present accurate and useful information, ClearStation makes no guarantee of accuracy or completeness. All information and opinion expressed herein is subject to change without notice. Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies will ensure profitable investment.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

A. MEMBER EXPRESSLY AGREES THAT USE OF THE FORUMS AND THIS WEB SITE ARE AT HIS OR HER SOLE RISK. NEITHER CLEARSTATION, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE FORUMS.

B. THIS WEB SITE AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT CLEARSTATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE FORUMS AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.

D. IN NO EVENT WILL CLEARSTATION OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE AND THE FORUMS.

E. CLEARSTATION NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS WEB SITE AND FORUMS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED CLEARSTATION EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL CLEARSTATION BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEB SITE AND/OR ANY POSTING ON THE FORUMS. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

F. CLEARSTATION DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

G. MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL CLEARSTATION, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.

H. MEMBER AGREES THAT THE LIABILITY OF CLEARSTATION, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT MEMBER PAID TO CLEARSTATION, INC., FOR USE OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.

INDEMNIFICATION
Member agrees to indemnify and hold ClearStation, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Member's use of this Web site or from Member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member's use of this Web site.

LINKS TO THIRD-PARTY SITES
This Web site contains hyperlinks to other Web sites operated by parties other than ClearStation, and other resources and advertisers. Such hyperlinks are provided for Member's reference only. ClearStation is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. ClearStation's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Under no circumstances shall ClearStation be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

USE OF BULLETIN BOARDS, CHAT ROOMS, AND OTHER COMMUNICATION FORUMS
Member is solely responsible for any information Member posts in electronic bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums") on or related to this Web site. This Web site and the Forums shall be used for lawful purposes only. No material shall be posted on or transmitted through the Forums which violates or infringes in any way upon the rights of others , which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. No conduct shall be undertaken that, in ClearStation's judgment, restricts or inhibits any other user from using or enjoying the Forums. The Forums shall not be used to solicit other members to become users of competitive online information services. Advertising or commercial solicitation may be posted on or transmitted through the Forums subject to ClearStation's express prior approval and solely in accordance with the terms and conditions imposed by ClearStation with respect thereto. If ClearStation is notified or becomes aware that a message posted on ClearStation's Forums violates the legal rights of others or the stated guidelines for posting messages, ClearStation reserves the right to remove the message.

Member agrees not to upload, post, or otherwise make available on this Web site any material protected by copyright, trademark, or other proprietary rights, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

Member agrees not to upload files to this Web site that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person's computers, software, Web sites, or network. Member will be solely responsible for damages arising from any claims that files posted by Member caused damage to the operation of another person's computer, software, Web sites, or network.

Member agrees not to advertise or offer to sell any goods or services, or promote any surveys, contests, chain letters, or any commercial purpose on this Web site.

Member acknowledges that all Forums are public and not private communications. ClearStation shall have the right, but not the obligation, to monitor the content of the Forums to determine compliance with this agreement and any other operating rules established by ClearStation. Further, Member acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by ClearStation, and such communications shall not be considered reviewed, screened, or approved by ClearStation. ClearStation reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Forums. Without limiting the foregoing, ClearStation shall have the right to remove any material or contents of the Forums received from users, including without limitation bulletin board postings, that ClearStation, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Furthermore, ClearStation reserves the right, in its sole discretion, to deny any Member's access to this Web site or any portion thereof, without notice.

COPYRIGHT AND LIMITATIONS ON USE
The information available through this Web site is the property of ClearStation or its licensors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Information received through this Web site may be displayed, reformatted, and printed for Member's personal, non-commercial use only. Member agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of ClearStation.

ClearStation reserves the right to republish the material contributed by our readers. By posting a message, Member expressly grants to ClearStation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any message posted in the Forums (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of ClearStation or its clients. The mark "ClearStation" and the contents of this Web site are the sole property of ClearStation, Inc. Reproduction in whole or in part is strictly prohibited without explicit written permission from ClearStation.

TRADEMARKS
The ClearStation yellow box/arrow design, ClearStation, ClearStation and Design, Three-Point Investing, Three-Point Event Tracking, The A-List, Tag & Bag, ClearHeads, "The Intelligent Investment Community," kensey, The Right Edge, Trend Trading, "Where it all becomes Clear," and www.clearstation.com are servicemarks, trademarks, or registered trademarks of ClearStation, Inc., and may not be used without the express written permission of the company. Don't do it, man!

MODIFICATION OF THESE TERMS AND CONDITIONS
ClearStation shall have the right at any time to impose, change, or modify the terms and conditions applicable to Member's use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, and/or Member's use of the Forums or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site and/or the Forums a revised version of this Agreement, and notification by electronic or conventional mail. If any such change is unacceptable to Member, Member may terminate his or her membership account as provided in the section below. Any use of this Web site and/or any use of the Forums by Member after such notice (other than to terminate Member's subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by Member of such changes, modifications, additions, or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.

TERMINATION
Either ClearStation or Member may terminate this Agreement at any time. Member's only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of ClearStation in operating this Web site and/or the Forums, (ii) content available through this Web site or any change therein, or (iii) amount or type of fees or billing methods, or any change thereof, is to terminate this Agreement by sending a written notice to 300 Montgomery Street, Suite 1100, San Francisco, CA 94104, by sending email to help@clearstation.com, or by going to and following the directions listed. Member's notice of termination will be effective upon receipt by ClearStation. ClearStation has no obligation to provide Member with notice of termination. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by ClearStation for any reason other than breach of this Agreement by Member or termination by Member in accordance with provisions (i), (ii), or (iii) above, in which Member identifies the termination as resulting from changed terms, ClearStation shall make a pro rata refund to Member.

The terms of the sections of this Agreement entitled Copyright and Limitations on Use, Disclaimers of Warranties and Limitations of Liability, and Indemnification, shall remain in effect after this Agreement has terminated by ClearStation or by Member.

EQUIPMENT
Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Web site, and Forums, and Member shall be responsible for all charges related thereto.

PRIVACY
Personal data provided by Member to ClearStation will be used only in connection with services provided on this Web site and will not be given to unaffiliated third parties except as required by law. While ClearStation will seek to require third-party content providers and other parties to adhere to ClearStation's privacy policies, ClearStation does not bear any responsibility for any actions or policies of such third parties. Member should be aware that when Member voluntarily discloses personal information (e.g., username, email address) in the Forums, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.

MISCELLANEOUS
This Agreement and any operating rules for this Web site and the Forums established by ClearStation constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.



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