ON-LINE SERVICES AGREEMENT IMPORTANT: READ THIS AGREEMENT BEFORE USING ANY OF THE ON-LINE SERVICES, WHICH INCLUDE INFORMATION ACCESS (hereafter referred to collectively as the "Service"). YOUR USE OF THE SERVICE, OR SIGNED ACKNOWLEDGEMENT, WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS: If this Agreement is unacceptable to you, do not use the Service. 1. Information provided through the Service via SmartBroker software (the "Information") is independently obtained by Dow Jones & Co., Inc., various securities markets, such as stock exchanges, and their affiliates, and others (collectively, "Information Providers") through sources believed to be reliable. But the accuracy completeness, timeliness or correct sequencing of the Information is not guaranteed by "Developer" the Information Providers or any parties transmitting the Information ("Information Transmitters"). There may be delays, omissions or inaccuracies in the Information. You agree that neither "Developer", the Information Providers nor the Information Transmitters shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you in reliance upon the Information or the Service. THERE IS NO WARRANTY OR MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS). 2. IN NO EVENT WILL "Developer", THE INFORMATION PROVIDERS OR THE INFORMATION TRANSMITTERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, AND DAMAGES THAT RESULT FROM LOSS OF THE USE OF THE SERVICE, INCONVENIENCE OR DELAY), EVEN IF "Developer", THE INFORMATION PROVIDERS OR THE INFORMATION TRANSMITTERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF "Developer", THE INFORMATION PROVIDERS AND THE INFORMATION TRANSMITTERS, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION, WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SmartBroker SOFTWARE. Neither "Developer", the Information Providers nor the Information Transmitters shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operated errors, severe weather, earthquakes, and strikes or other labor problems. 3. The Information is the property of the Information Providers or others and is protected by copyright. It is for your personal, non-commercial use only. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of "Developer" and the relevant Information Provider(s); nor to use the Information for any unlawful purpose. You agree to comply with reasonable written requests by "Developer" to protect the Information Providers' and "Developer"'s respective contractual, statutory and common law rights in the Information and the Service. 4. You acknowledge that neither the Service nor any of the Information is intended to supply investment, tax, or legal advice. You acknowledge that if you need such advice you should consult with professional advisors, and that you will not use or rely on the Service or Information to supply or substitute for any advice. You acknowledge that all orders are at your sole risk, and that securities quotations provided through the Service may be subject to time delay. 5. You agree immediately to notify "Developer" if you become aware of any of the following: A. Any loss or theft of your access number(s), and/or password(s), or B. Any unauthorized use of any of your access number(s), password(s), or of the Service of any Information; or C. Any failure by you to receive a message that an order initiated by you through the Service has been received and/or executed through the Service. 6. You will be responsible for the confidentiality and use of your access number(s), password(s). 7. You agree to pay all costs (including attorneys' fees), if any, incurred by "Developer" in collecting overdue fees from you. You also agree to pay all federal, state and local taxes applicable to your use or receipt of the Service. 8. "Developer" will not be responsible for any delay or failure to provide the Service. 9. You agree to indemnity and hold "Developer" harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising form you violation of this Agreement or any third party's rights, including but not limited to copyright,proprietary and privacy rights. This indemnification and hold harmless obligation will survive the termination of this Agreement. 10. You acknowledge that, in providing you with the Service, "Developer" has relied upon your agreement to be bound by the terms of this Agreement and the User License Agreement accompanying the SmartBroker software binder. You acknowledge that you have read, understood and agreed to be bound by the terms of the User License Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement and the User License Agreement and all other present or future written agreements between you and "Developer" constitute the complete statement of the agreement between you and "Developer" and that the agreement does not include any other prior or contemporaneous promises, representations or descriptions regarding service, the Information, or the SmartBroker software, even if they are contained in materials provided by "Developer". This Agreement may be modified only in writing; if "Developer" sends you written notice of a modification, your use of the Service after receiving such notice will indicate your acceptance of the modification If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Michigan, as applied to agreements entered into and completely performed in Michigan. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Michigan, as applied to agreements entered into and completely performed in Michigan.