ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to Investors.com presented by Investor's Business Daily, Inc. Your use of this Service (as defined below) and any materials accessed herein indicates your full understanding and acceptance of the Terms and Conditions of Use (referred to as "Agreement"). This Agreement may be updated at any time without notice. Your use of Service is also subject to additional guidelines or rules posted in certain areas of the Service. Investor's Business Daily, Inc. may also provide products or services that are governed by supplemental Terms of Use, including, but not limited to Investors.com stand-alone subscriptions, eIBD, IBD eTables, IBD 100 Top-Rated Stocks, Top-Rated Stocks Under $10, IBD Alerts Plus, IBD Webcasts, and the CAN SLIM Masters Program. These additional guidelines, rules and supplemental Terms of Use are incorporated into this Agreement by reference. Failure to comply in full will result in cessation of access and use privileges and may result in legal actions taken against the offending individuals and organizations at our discretion. We reserve the right to block your access to Service for violation of this Agreement. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Service constitutes acceptance of the changes. This Agreement was last modified on May 19, 2008.

DESCRIPTION OF SERVICES

You may use the Investors.com Web site, contents, and servers running on networks (herein referred to as "Service") operated by Investor's Business Daily, Inc. for the purpose of accessing data and information ("Data" as defined below) which are available, according to strict compliance to Terms and Conditions of Use. Active Investor's Business Daily, active IBD® Monday Special, and active eIBD subscribers are permitted access to certain Subscriber-Only features. Please click here for details on the Subscriber-Only features currently available. These Subscriber-Only features are a value-added benefit, do not have retail value and are subject to change without notice.

DEFINITIONS

"IBD" means Investor's Business Daily, Inc. "IBD et al" means Investor's Business Daily, Inc., its affiliates, agents, information providers, and licensors.

The word "User(s)" means any Person visiting Investors.com or holding subscription(s) to or trial(s) of any IBD product, also referred to as "you" or "yours".

The phrase "Subscriber-Only" describes any feature, function, chart, graphic or Data that is made available to Users only through a paid or trial subscription.

The word "Person(s)" means any natural person, proprietorship, corporation, partnership, or other entity whatsoever.

The word "Data" means certain data and other information including the written word, instruments, charts, graphs, algorithms, ratings, rankings, products, vehicles or devices, or relating to Persons, or gathered by IBD from other sources.

The word "or" includes the word "and".

The phrase "Claims or Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel).

TRADEMARK AND COPYRIGHT OWNERSHIP NOTICE

The following trademarks are affiliated with Data Analysis, Inc., the holding company for the O'Neil family of companies: Investor's Business Daily, IBD, eIBD, CAN SLIM, Stock Checkup, Stocks On The Move, AskIBD, SmartSelect and their corresponding logos.

The following trademarks are affiliated with William O'Neil + Company, Incorporated or its subsidiaries: Daily Graphs, Daily Graphs Online, The William O'Neil + Co. 197 Industry Groups, O'Neil Database.

All trademarks used herein are the exclusive property of their respective trademark owners and may not be used in any way without written consent of owner.

Investors.com contains proprietary, original content that is protected by U.S. copyright and international treaties. IBD retains all intellectual property rights. IBD will pursue legal action against anyone who misappropriates our name or marks for commercial use. This notice constitutes fair warning. Copyright Investor's Business Daily, Inc. 12655 Beatrice Street, Los Angeles, CA 90066. All rights reserved.

USE LIMITATIONS

Use of the IBD Stock Checkup® feature is limited to 300 views and/or retrievals in each 24-hour period for each User. Use of the IBD® Chart feature is limited to 1000 views and/or retrievals per 24-hour period for each User. You may not participate in coordinated efforts or group activities with others in order to exceed this use limitation. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal actions taken against the offending individuals and organizations at the discretion of IBD.

PROPRIETARY DATA AND INFORMATION

You acknowledge that Service contains Data that is highly proprietary in nature and that unauthorized copying, transfer or use may cause IBD or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by IBD by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

LEGAL DISCLAIMER

The information provided by Investor’s Business Daily is not and should not be construed as a solicitation to buy or sell any securities. It has been obtained from sources we believe to be reliable; however, no guarantee is made or implied with respect to its accuracy or completeness. The information and content provided by Investor’s Business Daily are subject to change without notice and Investor’s Business Daily, Inc., its parent company, sister companies, subsidiaries, employees, officers, agents, or representatives may from time to time have long or short positions or may acquire direct or indirect beneficial interest in securities mentioned or those not so mentioned.

THE DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE ARE PROVIDED "AS IS" AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. IBD ET AL CANNOT AND DOES NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL. IBD ET AL SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE OR FOR INTERRUPTION IN ANY SUCH DATA. IN NO EVENT WILL IBD BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.

USER NAME / PASSWORD PROTECTION

You agree to take all reasonable steps to protect the Service from unauthorized access or use. Upon registering, you will choose a user name and password that will permit you to access the Service. You agree that you will be the sole User of the Service under this Agreement. Username/Password are subject to cancellation or suspension by IBD, including upon your misuse of the Username/password in any way. You agree that you will use your best efforts to prevent any third party from obtaining the Username/password, and you will inform IBD immediately of any actual or potential unauthorized access to a Username/password or to the Service.

ACCESS/INTERFERENCE/MODIFICATION/LINKS/FRAMES

You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Investors.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Investors.com, not to use any device, software or routine to interfere or attempt to interfere with the proper working of Service, not to take any action that imposes an unreasonable or disproportionately large load on the IBD infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of Investors.com.

DISSEMINATION DISCONTINUANCE OR MODIFICATION

You understand that, at any time, IBD may discontinue disseminating any category of Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You shall not hold IBD et al liable for any resulting liability, loss or damages that may arise therefrom. You acknowledge that IBD, in its sole discretion, may from time to time make modifications to its system, the Service, or Data.

COPYRIGHT/REDISSEMINATION PROHIBITED

All of the information, content, services and software displayed on, transmitted through, or used in connection with Investors.com, including for example IBD Stock Checkup, IBD Charts, guides, news articles, opinions, reviews, text, photographs, images, illustrations, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by IBD, and its affiliated companies, licensors and suppliers. IBD actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in this Agreement.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of IBD. For information on requests to use of the Content for any purpose other than as permitted in this paragraph, please see Reprints and Webprints.

The Dow Jones IndexesSM and the NYSE Short Interest Data are proprietary to and distributed by Dow Jones & Company, Inc. and The New York Stock Exchange respectively and have been licensed for use. You will neither (I) copy, download, store, reproduce or further transmit or distribute the Indexes for commercial purposes in any type of format or by any means, including but not limited to the Internet, Intranet or other type of network nor (II) use the Indexes as the basis of financial instruments or investment products (e.g., passively-managed funds) without a separate written agreement with Dow Jones and/or The New York Stock Exchange for such purpose. All content of the Dow Jones IndexesSM © 2008 is proprietary to Dow Jones & Company, Inc., and all content of the NYSE Short Interest Data is proprietary to The New York Stock Exchange.

The S&P 500 data is the property of Chicago Mercantile Exchange, Inc. and its licensors. All rights reserved.

DURATION/SURVIVAL

This Agreement remains in effect for so long as you have the ability to receive Data as contemplated by this Agreement. Paragraphs INTELLECTUAL PROPERTY NOTICES, PROPRIETARY DATA AND INFORMATION and DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY survive termination of this Agreement. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Natural persons executing this Agreement warrant and represent that they are at least eighteen (18) years of age. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. This Agreement shall be deemed to have been made in the United States in Los Angeles, California and shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of California, without reference to principles of conflicts of laws thereof. User hereby consents to submit to the jurisdiction of the courts of or for Los Angeles, California in connection with any action or proceeding instituted relating to this Agreement.

Under the penalties for perjury, you understand that by using the Service You certify that You have read and understand the above and agree to the terms and conditions.

 
In addition, your use of any of the services listed below and any materials accessed therein indicates your full understanding and acceptance of the Subscription Agreement or Terms of Use for that service, and indicates your full understanding and acceptance of our Investors.com Terms & Conditions Of Use. Click the appropriate links below to review their corresponding Agreements.