Terms of Use Agreement

Kinetic Financial

Welcome to our Web Site. Kinetic Financial Inc. is a company that produces an online investment publication providing information on investing in mutual funds and exchange-traded funds ("ETFs").[1] We provide information that we believe can be an important tool in your decisions on how to investment in portfolios of mutual fund or ETF securities, which may be small-, medium- or large-sized portfolios. The information provided by Kinetic Financial is investment research and recommendations based upon our proprietary investment strategies and tools. We do not provide individualized investment advice. While we recommend specific mutual funds and ETFs for investment, we do not make recommendations that are based upon your individualized investment needs.

Terms of Use
By using this Web Site, you agree to comply with these Terms of Use and any other terms and conditions contained on the site.

General Limitations
We use this Web Site to provide mutual fund and ETF investment information to our subscribers and, to a lesser extent, the public. Subject to the terms of this Agreement, Kinetic Financial grants you a revocable, non-transferable, non-exclusive limited license to use the Web Site but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Web Site to service, or otherwise perform work on behalf of, any brokerage, financial services or related client(s).

Certain portions of this Web Site are accessible only by individuals who pay a premium subscription fee. Through these specialized pages, we provide more in-depth information on mutual fund and ETF investments. Kinetic Financial does not use this Web Site to provide individualized investment advice; we provide generalized recommendations based upon our investment research. We do not take your investment needs into account when recommending mutual fund or ETF investments, which would require us to register as an investment adviser. We provide the mutual fund and ETF information and recommendations on this Web Site through a generally distributed online investment publication that is available on a paid subscription basis. Certain limited general information is available to the general public, without a subscription. We do not act as your investment adviser; nor do we provide tax or legal advice.  You may wish to contact appropriate professionals for personalized advice in connection with your own individual investment portfolios.

Kinetic Financial has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Web Site (or any portion thereof). Kinetic Financial has no obligation to update the Web Site or to correct any errors or omissions that might be contained in it.

Copyright and Limitations on Use
Information provided in this Web Site is the proprietary property of Kinetic Financial. This information is protected by copyright law. All ownership rights remain with Kinetic Financial. You may use the Web Site data only while accessing this Web Site. Except as expressly authorized by Kinetic Financial by written agreement or on the Web Site, you will not: (a) download or copy the data in any manner; (b) use any element(s) of the data with any other data or software; (c) use the data to verify or correct any other data or index; or (d) use any data in any manner that would constitute a substitute for a license to use data (for example, use any data to create a separate or substitute database). You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the data, and you agree to provide attribution to Kinetic Financial in any reference to the Web Site. You will not cause or permit the reverse engineering, disassembly, or decompilation of the data, except to the extent such restrictions are inconsistent with applicable law.

No Securities Professionals
If you are a "Securities Professional" as defined herein, you may not use any of the information from this Web Site to provide advice or products or services to a third party. You may use information from the Web Site solely for your personal investing or educational purposes and not in connection with any commercial product or service or in connection with advising third parties, or buying, selling, or trading securities for or on behalf of third parties. A "Securities Professional" means a person who: (i) acts as a broker or dealer in the purchase or sale of negotiable financial instruments or is registered or qualified in any capacity under any federal or state securities or commodities trading law, rule, or regulation or the rules or regulations of any securities or commodities exchange, market, or association; (ii) falls within the definition of “investment banker” as that term is defined in the Investment Company Act of 1940; (iii) is a national securities or commodities exchange, registered securities or commodities association, or registered clearing agency; (iv) engages in the buying and selling of negotiable financial instruments for his or her employer or for an entity or its customers’ accounts; or (v) is engaged in the business of managing or directing a fund or portfolio of assets (that includes negotiable financial instruments) owned principally by third parties.

CONFIDENTIALITY AGREEMENT:
Certain portions of the Kinetic Financial Web Site contain proprietary data that is available for the exclusive use of paid subscribers. Material on these restricted Web pages may not be displayed, reproduced, distributed, transmitted, or used to create derivative data without the express prior written authorization of Kinetic Financial. Authorized subscribers may access these restricted Web pages using appropriate log-on identification. These log-on identifiers are strictly confidential and expressly non-transferable.

The log-on identification and the information and material displayed on these limited access Web pages are confidential and non-transferable. This means that authorized subscribers may not disclose any log-ons, information, or material derived from these restricted Web pages without the prior written authorization of Kinetic Financial. Additionally, information from this Web Site may be disclosed if disclosure is required by law or court order. Subscribers are required to provide notice to Kinetic Financial reasonably in advance of such mandatory disclosures.

Hyperlinks
You may, through hypertext or other computer "links," gain access to other sites on the Internet that are not part of this Web Site. Kinetic Financial assumes no responsibility or liability for any material outside of this Web Site that may be accessed through any such "link." The provision by Kinetic Financial of a link to another site does not constitute an authorization by Kinetic Financial to access materials at that site, or an endorsement by Kinetic Financial of any such material.

Trademarks
Kinetic Financial and the names of Kinetic Financial products referenced herein are trademarks or registered trademarks of Kinetic Financial. All other product and company names mentioned herein are the trademarks of their respective owners.

Governing Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of law principles. All suits, proceedings, or claims in connection with this Terms of Use shall be brought in the courts of the State of California in the City and County of San Francisco and you hereby consent to the jurisdiction and venue of those courts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unreasonable or unenforceable, such provision or requirement will be enforced only to the extent that it is not invalid, unreasonable or otherwise unenforceable and all other provisions of this Terms of Use shall remain in full force and effect.

The subscription services offered through the Kinetic Financial Web Site shall not be construed to be offered in any jurisdiction in which the services would require registration or licensing as an investment adviser or any other licensed professional.

WARRANTY DISCLAIMER:
The data on this Web Site is provided "as is" exclusive of any warranty whatsoever, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, originality and non-infringement, and all warranties arising out of course of performance, course of dealing and usage of trade or their equivalents under the laws of any jurisdiction. We do not warrant this Web Site's continued availability without interruption, as it may be unavailable from time-to-time due to maintenance or as a result of interruptions that may be internally or externally caused, or that may be foreseen or unforeseen.  Nothing on any part of the Kinetic Financial Web Site is intended or shall be deemed to be investment management or advisory services requiring registration with securities regulators.  Any use of software or data for analyzing, managing or trading financial instruments is at your sole risk. Third-party data has been obtained from sources that Kinetic Financial believes to be reliable, but its accuracy and completeness is not guaranteed. Neither Kinetic Financial nor any third party warrants that the data will be free from error, uninterrupted or free from unauthorized hidden programs introduced without their knowledge. In addition, there is no assurance that any financial instruments identified or analyzed using the data will perform in a manner consistent with their historical characteristics, or that forecasts, expected values, or market impact projections will be accurate. Kinetic Financial reserves the right at any time and without notice to change, amend, or cease publishing the data.

Other Disclaimers
See Disclaimers for more disclaimer and disclosure information related to the Kinetic Financials Web Site. The Disclaimers and any amendments are hereby incorporated by reference into this Terms of Use Agreement, and are fully covered by all limitations on liability and any disclaimer language contained herein.

LIMITATION OF LIABILITY
Neither Kinetic Financial nor any of its affiliates, principals, or employees shall be liable for any damages, including direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, even if you, Kinetic Financial, any vendor or any other person has been advised of the possibility of such damages. You assume the entire risk of any use made of the data and take full responsibility for any decisions and/or analyses in which the data is used or relied upon. Any reliance by you or others on the data will not diminish that responsibility. Neither Kinetic Financial nor any affiliate, principal, or employee shall be liable for, and you agree to indemnify and hold Kinetic Financial and its affiliates, principals, and employees harmless from and against, any claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to your use of the data, or relating to any decisions or analyses arising out of such use.

Any rights not expressly granted herein are reserved by Kinetic Financial Inc.

By using this Web Site and/or by accepting these Terms of Use Agreement, I agree to the provisions of this agreement set out above.

Copyright 2006 Kinetic Financial Inc. All Rights Reserved.