401kXtra Terms and Conditions

Without limitation of the foregoing, you agree to not use the Site to:

• Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
• "Stalk" another;
• Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, or disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a 401kXtra official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted on or through the Site;
• Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

You also agree that you will not harvest, collect or store information about the users of this Site or communications posted by others on the Site or use such information for any purpose inconsistent with the purpose of this Site or for, among other things, the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge and agree that 401kXtra may preserve Communications and may also disclose Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Communication violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 401kXtra, its users and the public.

You understand that the technical processing and transmission of the Site, including the display of downloads, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 401kXtra assumes no responsibility for the deletion or failure to store downloads or other information submitted by you or other users to 401kXtra.com.

Any uploads on the Site may be purged periodically in 401kXtra's sole discretion. You acknowledge and agree that any information you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such downloads. In this regard, you acknowledge that you may not rely on any Site Material or other content appearing on the Site.

Monitoring, Editing and Disclosure of Shared Uploads

You agree that 401kXtra has the right, but not the obligation, to monitor uploads posted by you or others at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that 401kXtra may establish from time to time. Notwithstanding this right of 401kXtra, 401kXtra does not and cannot review all uploads, and 401kXtra is not responsible for them. 401kXtra reserves the right at all times to edit, disclose, refuse to post, or remove any uploads as may be necessary to comply with any law, regulation or government or agency request or if, in 401kXtra's sole discretion, such upload is inaccurate.

401kXtra's Rights to Materials Provided by Users

401kXtra welcomes your uploads regarding investment portfolios. However, any or all material and information provided by you to the Site may be included in a database owned by 401kXtra and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any investment portfolio information that we obtain through you to the fullest extent permitted by law.

You grant to 401kXtra a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any investment portfolio uploads that you post on or through the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by 401kXtra of any material or idea submitted by you in any communications, or receive any compensation for such use. You waive all rights to any claim against 401kXtra for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that 401kXtra is under no obligations to use any material submitted by you in any communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that all uploads to and downloads from this Site are not confidential and may be shared or intercepted by others. You acknowledge that by submitting non confidential uploads to 401kXtra or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and 401kXtra or any 401kXtra affiliate or subsidiary other than pursuant to these terms and conditions of use. 401kXtra shall not be responsible for the payment of any monies to any party in connection with 401kXtra's use of uploads submitted by you to the Site.

COPYRIGHT COMPLAINTS

401kXtra respects the intellectual property of others, and we ask our users to do the same. 401kXtra may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the 401kXtra service in a way that constitutes copyright infringement, or that 401kXtra contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us at 401kXtra by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec 512.

Indemnification

You shall indemnify, defend and hold harmless 401kXtra, and all its officers, directors, owners, agents, employees, Site Material providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or the 401kXtra program, including but not limited to, any Communications attributable to you. 401kXtra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of 401kXtra.

Links to Other Web Site

The Site may contain links and pointers to the other World Wide Web Internet sites and resources (the "Linked Sites"). Unless otherwise noted on the Site, links to and from any Linked Site do not necessarily constitute an endorsement by or association with 401kXtra or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that 401kXtra or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, tradename, logo or copyright symbol of 401kXtra or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. 401kXtra does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 401KXTRA DOES NOT WARRANT THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES 401KXTRA WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. 401KXTRA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO 401KXTRA'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL 401KXTRA, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Non-United States Residents

401kXtra makes no representation that the Site is appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Saginaw County in the State of Michigan and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

Contact Us

If you have any questions regarding these terms and conditions or the Site in general, please contact us.

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