Terms of Use

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU BECOME A MEMBER OR PURCHASE ANY PRODUCTS FROM THE TURNERTRENDS WEBSITE.

TurnerTrends, Inc. provides information to its registered customers via email and the TurnerTrends website (www.turnertrends.com) subject to compliance with the terms and conditions set forth herein.

1. Agreement

In consideration of TurnerTrends, Inc. providing you with access to TurnerTrends Information, you agree to comply with these Terms of Use for Members (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, you may not purchase reports from TurnerTrends or become a subscriber to the TurnerTrends newsletter, and we do not consent to provide you with access to the TurnerTrends Information.

2. Changes to the TOU

We reserve the right at any time to:

• Change the terms and conditions of the TOU;
• Change the TurnerTrends Information, including eliminating or discontinuing any content or feature of the TurnerTrends Information.

Any changes we make to the TOU 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 our web sites or via email. Your use of the TurnerTrends Information after such notice will be deemed acceptance of such changes. Our Privacy Policy may change also. You may check our web site anytime to see recent changes.

If any of the terms contained in the TOU become unacceptable to you in the future, please see out "Cancellation Policy", below.

3. Important Securities Disclaimer

You understand that no content published as part of the TurnerTrends Information constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers, including the staff of TurnerTrends, Inc. or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the TurnerTrends Information may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

4. Registration and Privacy

In order to gain access to TurnerTrends Information, you must first register and identify yourself by choosing a unique (and inoffensive) User Name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your status as a member, and prohibit your current or future access of the TurnerTrends Information. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. As a registered user of TurnerTrends Information (member), you also have certain other obligations relating to your account:

• You may not transfer or resell your use of or access to the TurnerTrends Information to any third party;
• You are responsible for all activities that occur under your account;
• You are responsible for maintaining the confidentiality of your User Name and password; and
• You agree to notify us at support@turnertrends.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password.

5. TunerTrends, Inc.’s Proprietary Rights

The TurnerTrends Information and the content available through the TurnerTrends Information are the property of TurnerTrends, Inc. and its licensors. You may access and use the content, and download and/or print out one copy of any content from the TurnerTrends Information, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the TurnerTrends Information.

"turnertrends.com", "TurnerTrends", "TrendLine", and other marks are trademarks and/or service marks of TurnerTrends, Inc. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

6. User Conduct

You may not republish, upload, post, transmit or distribute content available through the TurnerTrends Information to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the TurnerTrends Information, you agree not to:

• Restrict or inhibit any other visitor from using the TurnerTrends Information, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites;
• Use the TurnerTrends Information for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the TurnerTrends Information or any of our web sites;
• "Frame" or "mirror" any content available through the TurnerTrends Information or any of our web sites without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the TurnerTrends Information or any of our web sites; or
• Harvest or collect information about users of the TurnerTrends Information without their express consent.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the TurnerTrends Information and the content made available therein.

7. Features and Links to Other Web Sites

Your use of certain services made available to you by TurnerTrends, Inc. may be governed by additional rules, which are available on our web 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. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your own risk.

Content available through the TurnerTrends Information may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. 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.

8. Disclaimer of Warranties

THE TURNERTRENDS INFORMATION, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE TURNERTRENDS INFORMATION, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TURNERTRENDS, 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 AVAILABLE THROUGH THE TURNERTRENDS INFORMATION.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

TURNERTRENDS, INC., AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE TURNERTRENDS INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TURNERTRENDS INFORMATION OR THE SERVER(S) ON WHICH THE TURNERTRENDS INFORMATION IS 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 TURNERTRENDS INFORMATION, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE TURNERTRENDS INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF TURNERTRENDS, INC. OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that content available through the TurnerTrends Information could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the TurnerTrends Information by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the TurnerTrends Information. In the event that such a situation arises, please contact us at support@turnertrends.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, 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 "Copyright Infringement" below.

9. Limitation of Liability

NEITHER TURNERTRENDS, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, 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 TURNERTRENDS INFORMATION AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH TURNERTRENDS.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE TURNERTRENDS INFORMATION IS TO STOP USING IT. 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 TO US BY YOU, IF ANY, FOR ACCESS TO THE TURNERTRENDS INFORMATION.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

10. 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 violation of the TOU; (b) your use of the TurnerTrends Information; or (c) your violation of the rights of any third party.

11. Termination

You understand and agree that TurnerTrends, Inc. may, under certain circumstances and without prior notice to you, terminate your access to and use of the TurnerTrends Information. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

12. 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 turnertrends.com, or one of its subsidiaries infringe your copyright, 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.

13. Miscellaneous

The Subscription Service offered by turnertrends.com is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service 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 service 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.

The TOU, together with all other policies referred to herein, constitute the entire agreement between you and TurnerTrends, Inc. relating to your use of the TurnerTrends Information and supersedes any and all prior or contemporaneously written or oral agreements on that subject between us. The TOU and the relationship between you and TurnerTrends, Inc. are governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflict of laws. You and TurnerTrends, Inc. agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Travis County, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. 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 the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.

14. Refund Policy

TurnerTrends does not provide refunds for services whatsoever. When you subscribe, you are given access to valuable information immediately. The moment that you have subscribed, you have immediate access to the services provided by your subscription. Therefore, you have paid for and have received information that is deemed by TurnerTrends to be of equal value to the amount of your subscription. This policy applies to all subscriptions, regardless of whether the duration of the subscription is monthly, annual or other.

15. Automatic Renewal Policy

Your subscription to TurnerTrends renews automatically and indefinitely until you cancel the subscription (see 16, below). Your credit card will be charged for the next billing cycle (monthly, annual, other) that you originally used when you initially subscribed. You will not be sent a notification of this billing prior to your credit card being charged.

16. Cancellation Policy

Subscriptions may be cancelled, but not refunded. Cancelling a subscription applies only to the automatic renewal of your subscription. A cancelled subscription will NOT automatically renew and, as such, no further TurnerTrends subscription charges will be made against your credit card. You may cancel at any time by calling TurnerTrends at (512) 577-2810 and speaking with a TurnerTrends representative.

The TOU, together with all other policies referred to herein, constitute the entire agreement between you and TurnerTrends, Inc. relating to your use of the TurnerTrends Information and supersedes any and all prior or contemporaneously written or oral agreements on that subject between us. The TOU and the relationship between you and TurnerTrends, Inc. are governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflict of laws. You and TurnerTrends, Inc. agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Travis County, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. 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 the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.