1. Your acceptance of these terms and conditions.
    InvestorCraft welcomes you.  InvestorCraft provides its service to you subject to the following Terms of Service (“TOS”).  By visiting the  website and/or using or accessing InvestorCraft’s service (the "Service") in any manner, and whether at the InvestorCraft website or through a third party website or other interface, you certify that (a) you are at least 13 years of age, (b) if you are providing access to the Service to any person who is under 13 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by InvestorCraft, and (c) you expressly agree to be bound by these terms and conditions of service (these "Terms"). Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. InvestorCraft reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.
  2. Additional terms and conditions may apply to you.
    The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or if you use a software or other product in connection with the Service, you may be subject to terms and conditions in addition to these Terms. In addition, use of any InvestorCraft software product is subject to the license terms and conditions provided with such product. Personally identifiable information provided by you, if any, shall be subject to InvestorCraft’s privacy policy, which is incorporated into these Terms and is published at http://www.investorcraft.com/general/privacy.
  3. Advertisements and communications.
    The Service may include advertisements and/or communications from InvestorCraft and its advertisers. InvestorCraft will not place advertisements that may be deemed generally offensive or inappropriate. However, you understand and agree that the placement and timing of such advertisements and/or communications shall be determined by InvestorCraft, in its sole discretion. You agree that you shall not alter or remove any such advertisements or communications. If you find a particular advertisement offensive, you may contact InvestorCraft at ivcfeedback@InvestorCraft.com and provide your comments or ask to have the advertisement removed. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that InvestorCraft shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any of the foregoing.
  4. Links.
    The Service may provide, or third parties may provide, links to other websites or resources. InvestorCraft has no control over such sites and resources. Therefore, you acknowledge and agree that InvestorCraft is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content (defined in Section 8), advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that InvestorCrafft shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
  5. Certain information provided by you.
    If requested by InvestorCraft to provide information, such as in connection with a registration process, your use of the Service shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service's interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.
  6. Termination.
    InvestorCraft reserves the right to terminate your access to and/or use of the Service and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these Terms. InvestorCraft also reserves the right to discontinue providing all or part of the Service. You agree that any termination of your access to or use of the Service and any discontinuation by InvestorCraft in providing the Service may be effected without notice to you and that InvestorCraft shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that InvestorCraft shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Service.
  7. Responsibility for activities.
    You are fully and solely responsible for all your activities in connection with your access to or use of the Service and for all activities that occur under your account, if any, in connection with the Service. If you become aware of any unauthorized use of the Service, you agree to immediately notify InvestorCraft. InvestorCraft shall not be liable to you or to any third party for any loss or damage arising as a result of any of the foregoing activities, your failure to notify InvestorCraft as required in this section or any acts or omissions by any person who accesses or uses the Service.
  8. Content.
    You acknowledge and agree that all information, data, text, software, music, sound, photographs, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available via the Service by you or through your account, if any. InvestorCraft does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of any such Content. InvestorCraft will use commercially reasonable efforts to block or remove offensive or inappropriate Content discovered by or reported to InvestorCraft. However, InvestorCraft cannot and will not review all Content, and you understand that by using the Service, you may be exposed to Content that you find to be offensive. Under no circumstances will InvestorCraft be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that InvestorCraft is under no obligation to pre-screen or otherwise review any Content, but also that InvestorCraft and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content. You acknowledge and agree that InvestorCraft may preserve Content and may also disclose Content to others 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; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of InvestorCraft, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
  9. License to Content.
    InvestorCraft does not claim ownership of your Content posted, transmitted or otherwise made available by you via the Service. By submitting Content via the Service, and until such Content is removed, you grant InvestorCraft a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Content solely for the purpose of providing the Service.
  10. Conduct.
    InvestorCraft shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the following terms. You agree that you shall not, and you shall not permit others using your account, if any, to: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including without limitation any InvestorCraft personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or contractual or fiduciary relationship; (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (g) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (h) upload, post or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of or monitor or persistently reside in or on any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including without limitation any laws or regulations relating to securities, privacy and export control; (k) "stalk" or otherwise harass another; (l) engage in, promote or provide instructional information about illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (m) promote, offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer or sell, including all necessary licenses and authorizations, or (iii) InvestorCraft determines, in its sole discretion, is inappropriate for sale through the Service; (n) use the Service as a forwarding service to another website; or (o) exceed the scope of the Service that you have signed up for.
  11. Notices of Infringement; Digital Millennium Copyright Act.
    If you believe that material made available via the Service infringes your copyright or other intellectual property rights, you agree to provide notice of such suspected infringement to InvestorCraft for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

Kevin Rowley
InvestorCraft, Inc.
San Marcos, CA 92078

  1. Indemnification.
    You agree to defend, indemnify and hold harmless InvestorCraft, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
  2. Proprietary rights and restrictions.
    You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of InvestorCraft, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by InvestorCraft or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to InvestorCraft may be disseminated or used by InvestorCraft or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by InvestorCraft’s privacy policy.
  3. InvestorCraft may change or discontinue the Service.
    You acknowledge that InvestorCraft may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. InvestorCraft may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. InvestorCraft is under no obligation to preserve, provide access to or return to you any Content. You agree that InvestorCraft shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  4. Disclaimer of Warranties.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INVESTORCRAFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) INVESTORCRAFT WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, INVESTORCRAFT IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. INVESTORCRAFT DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  5. Limitation of liability.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT INVESTORCRAFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INVESTORCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

17. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL OR INVESTING MATTERS

InvestorCraft provides information and tools related to finance and investing.  For this type of information particularly, the phrase "Let the investor beware" is apt. The Service and its resources are provided for informational purposes only, and no Content included in the Service is intended to be used for trading or investing purposes. InvestorCraft and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

18. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify InvestorCraft of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. InvestorCraft cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

19. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Miscellaneous.
(a) For U.S. Government users, the Service and any materials or software provided in connection therewith are "commercial items" and are provided only with the "restricted rights" set forth herein; (b) Notices to you may be made via either email or regular mail, and notices of changes to these Terms or other matters may be made, if at all, by displaying notices or links to notices to you generally on the Service; (c) These Terms and the relationship between you and InvestorCraft shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Diego, California; (d) No failure of InvestorCraft to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision; (e) The current version of these Terms and InvestorCraft’s  privacy policy constitute the entire agreement between you and InvestorCraft relating to the Service, superseding any prior agreements between you and InvestorCraft; (f) If any provision of these Terms or incorporated documents are found adjudicated invalid, such provision shall be reformulated to give the maximum enforceable effect to the intent of the original provision or InvestorCraft may terminate your access to and use of the Service, and the other provisions of these Terms and incorporated documents shall remain in full force and effect; (g) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred; and (h) Section titles in these Terms are for convenience only and have no legal or contractual effect.