Subscription Policy

Last revised: June 25, 2003 PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Validea, Inc. ("we," "us") provides the websites known as validea.com., bsh.validea.com and media.validea.com., as well as all services related to the websites (collectively, "the Sites") subject to your compliance with the terms and conditions set forth in this Agreement. By using any of the Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Sites. We recently revised our Terms of Use Agreement, in connection with our offering of some new products. Please take a moment to review the new version below. You must be at least 18 years of age to use the Sites. If you are not at least 18 years old, please do not access or use the Sites. This Agreement is made between Validea, Inc. and you, the user and/or member of one or more of the Sites ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Sites, including eliminating or discontinuing any content on or feature of any of the Sites; or Change any fees or charges for use of the Sites. Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on the Sites or via electronic mail. Your use of the Sites after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Validea, Inc. is a publisher. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The material provided on our Sites is for general informational purposes only. No information on any of the Sites is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the Sites should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Any sale or purchase of securities or ownership interest that results from information presented on the Sites will be on a negotiated basis between the parties without any additional participation by or remuneration to Validea, Inc. When U.S. exchanges are open, stock and fund quotes are at least 20 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.   Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Statement. Code of Conduct. While using the Sites you agree not to: Restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Sites; Use the Sites for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harrassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third partys intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Sites; Remove any copyright, trademark, or other proprietary rights notices contained in the Sites; Frame" or "mirror" any part of the Sites without our prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their contents; Harvest or collect information about Site visitors or members without their express consent; or Permit anyone else whose account or subscription was terminated to use any of the Sites through your subscription, username or password. While using the Sites you agree to comply with all applicable laws, rules and regulations. Registration for Subscription Sites. To have access to the Sites., you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Sites. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to Validea or any other one of the Sites  to any third party. If you are a Validea subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing us at billing@validea.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Payment. Current subscription rates and charges for Validea are available by email at billing@validea.com , or on the Validea subscription page Renewal. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period, to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You have 90 days from the date that any discrepancies in your statement or any invoice first appear to notify us; after that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. Cancellation. You may cancel your subscription to Validea, Inc. by notifying our Customer Service Department at billing@validea.com.  Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe. Cancellation will take effect no later than 10 business days after we receive your notification. Upon cancellation you will receive an email confirming your canceled subscription. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Validea, Inc. may terminate this Agreement, and/or your access to and use of the Sites or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause. Services and Tools. Your use of certain services on the Sites may be governed by additional rules, which are available on the Sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk. Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. Claims of Copyright Infringement. 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 in good faith that materials hosted by Validea, Inc. or one of its subsidiaries infringe your copyright (for example, materials posted to a service), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. 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 must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Ownership and Restrictions on Use. ©2003 Validea, Inc. All Rights Reserved. The Sites are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Sites, and download and/or print out only one copy of any materials on the Sites, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Sites in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Sites. "Validea, Inc.," the Validea Logo, are trademarks and/or service marks of Validea, Inc. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners. Jurisdictional Issues. The Sites are solely directed to individuals residing in the United States. We make no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Sites and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. Links to Other Websites. The Sites may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Disclaimers. THE SITES, THE MATERIALS ON THE SITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VALIDEA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITES. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. VALIDEA, INC. AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF VALIDEA, INC. OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Sites could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Sites. Although we attempt to ensure the integrity of the Sites, we make no guarantees as to the Sites' completeness or correctness. In the event that such a situation arises, please contact us at webmaster@validea.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Sites, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above. Limitation of Liability. NEITHER VALIDEA, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES AND/OR CONTENT CONTAINED ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites or any services related to the Sites. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of CONNECTICUT, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Hartford County, Connecticut, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. 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. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all Validea, Inc. policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: Pricing Information. Current rates for our Services may be obtained by emailing our Customer Service Department at billing@validea.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.