AVAIA Terms of Use Agreement

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER SERVICES OFFERED THROUGH AVAIA.

Last revised: April 2009

AVAIA, LLC ("we" "us", "AVAresearch.com") provides the website known as AVAresearch.com, as well as all services related to the website ("the Site"), including various newsletters ("Newsletters") and live conference calls (“Live Calls”), subject to your compliance with the terms and conditions set forth in this Agreement. By accessing the Site, Newsletters, and/or Live Calls, 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 Site.

This Agreement is made between AVAIA and you, the user and/or member of the Site ("you").  We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

We Do Not Provide Investment Advice
The material on this website has no regard to the specific investment objectives, financial situation, or particular needs of any visitor. The Site and all content from within is published solely for informational purposes and are not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments.

AVAIA accepts no liability whatsoever for any loss or damage of any kind arising out of the use of all or any part of the material from this Site, including but not limited to the Newsletter and Live Calls. Our comments are an expression of opinion. While we believe our statements to be true, they always depend on the reliability of our own credible sources. While we believe our opinions to be well-researched and carefully considered, there will always be numerous variables and unknowns that we will not have access to. Finally, our opinions and insights are meant to be generic and do not consider the financial profiles of our Clients. We recommend that you consult with a licensed, qualified professional who understands your financial profile and other relevant information about you before making any investment decisions.

AVAIA is a Publisher and Provider of Investment Related Data and Education. 
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.  Rather, AVAIA relies upon the "publisher's exclusion" from the definition of "investment adviser" as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. AVAIA is a bona fide publication of general and regular circulation offering impersonalized investment-related advice to subscribers and/or prospective subscribers (e.g., not tailored to the specific investment portfolio or needs of current and/or prospective subscribers).

The material provided on the Site is for general informational purposes only.  No information on the Site 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 Site should not be relied upon for purposes of transacting securities or other investments. 

Past performance may not be indicative of future results. Therefore, no prospective or existing subscriber should assume that future performance of any specific investment or investment strategy, including the investments or investment strategies made reference to directly or indirectly in our Site, or indirectly via a link to an unaffiliated third party web site, will be profitable or equal any historical performance levels.

Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will be suitable for a prospective or existing subscriber’s investment portfolio. Historical performance results for investment indices or categories generally do not reflect the deduction of transaction or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.

The Risk is Yours Alone
References made to third parties are based on information obtained from sources believed to be reliable, but are not guaranteed as being accurate. 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. Visitors should not regard it as a substitute for the exercise of their own judgment. 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 opinions expressed in this site are subject to change without notice. AVAIA is not under any obligation to update or keep current the information contained herein.

Certain portions of our Site may contain a discussion of, or provide access to, positions or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussions may no longer be reflective of current positions or recommendations. Moreover, no prospective or existing subscriber should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from an investment professional.

AVAIA and its editorial staff are not registered investment advisors, broker/dealers, or research analysts/organizations.

Readers are advised that the commentary and reports on the AVAIA website and in its newsletters are issued solely for informational purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and analyses included herein are based on sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITY MENTIONED THROUGH THE AVAIA NEWSLETTER, LIVE CALLS, OR THAT IS DISCUSSED ON THE AVAIA WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.

Members and Clients are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report should be independently verified with the companies mentioned. Neither AVAIA, LLC, nor its officers, directors, partners, contributors or employees/consultants accept any liability whatsoever for any direct or consequential loss arising from any use of information on this website or any use of information in its newsletters.

Our web site is limited to the dissemination of general information pertaining to investments, together with access to additional investment-related information and links. Accordingly, the publication of this Site on the Internet should not be construed by any consumer or prospective subscriber as the rendering of personalized investment advice for compensation, over the Internet or in Live Calls. We are neither attorneys nor accountants and no portion of the Site content should be interpreted as legal, accounting or tax advice.

Code of Conduct. 
While using the Site you agree not to:

• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
• Use the Site 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, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's 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 the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
• Frame" or "mirror" any part of the Site 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 Site or its 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 the Site through your subscription, username or password.

While using the Site you agree to comply with all applicable laws, rules and regulations.

Additional Rules for Use of Forums and Live Chat Room

These venues are have been made available for use by the public free of charge. In order to use them you need to register as a member, which is free to do.  All paid subscribers will automatically be allowed to use them with no additional registration. In order to maintain a pleasant environment and help create a pleasurable experience, we ask that users abide by the following rules:

• No Spamming
• No Flooding
• No mention of bulletin board (.OB or .BB) or Pink Sheet (.PK) securities
• No stock pumping
• No rumor spreading
• No harrassment of users
• No foul language
• No advertisements of any kind
• No Picture postings
• No solicitation for investment business by financial advisers

NOTE: Any users who attempt to spread rumors about securities, engage in pumping activities or discuss OB/PK securities will be subject to actions by the Securities and Exchange Commission and other government authorities.  We want to maintain the integrity and vaalue of this site. It is for investors, NOT stock promoters or associated companies that engage in such business.

Any user who violates these terms will be suject to suspension or a permanant ban.

Registration for Subscription Sites. 
To have partial access to AVAIA, you must become a registered member.  To have full, unlimited access to AVAIA, you must register as a client. There are three different client subscriptions based on the resources available. When and if you register to become a member or client, 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 Site, access to the Newsletter and Live Calls.

If you are a client of AVAIA, and you have reason to believe that your online account is no longer secure, you must immediately notify us by emailing us at help@avaresearch.com.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Payment.
Current subscription rates and charges for AVAIA research insights are available by email at help@avaresearch.com.  Payment for your subscription is due in advance of the subscription period you select.  You agree to pay all fees and charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred.  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.

Refund Policy.

Under no circumstances will we provide a refund of the newsletter subscription. If you have difficulties receiving the newsletter, you are expected resolve these issues, as we cannot control your Internet Service Provider.

Our Rights to Deny or Restrict Use.

We reserve the right to restrict or deny anyone access to this website for any reason.  We also reserve the right to reject any requests for subscription to the AVA Investment Analytics newsletter for any reason.

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 AVAIA or one of its subsidiaries infringe your copyright (for example, materials posted to a Message Board), 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.  Notices and counter-notices with respect to the Site should be sent to help@avaresearch.  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. 
Copyright © 2009, AVAIA, LLC.  All Rights Reserved.  The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not print, republish, upload, post, transmit or distribute materials from the Site 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 Site.

Jurisdictional Issues. 
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations.  Those who choose to access the Site 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 Site 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 Site 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.

Limitations of Liability
AVAIA, AVA and their founder, its content providers, employees, officers and directors (the Company) SHALL NOT BE LIABLE for any incidental, indirect, consequential or special damages, including loss of revenue or income, pain and suffering, emotional distress that result from the use of, or the inability to use, the materials in these sites, or similar damages even if the Company has been advised of the possibility of such damages.

The Company is not responsible for the content provided by editorial contributors to AVAIA. It is the responsibility of contributors or broadcast guests to adhere to copyright and trademark laws regarding submissions to AVAIA.

Links to Third Party Sites
AVAresearch.com may contain links to third party web sites ("linked sites").The linked sites are not under the control of AVAresearch.com nor AVAIA. Neither AVAresearch.com nor AVAIA is not responsible for the content of any linked site and makes no representations regarding the content or appropriateness of content on such sites. AVAIA does not promote, endorse or have any affiliation with any other linked site or linked site owner unless expressly stated in AVAIA's site. When you access a linked site from this site, you leave this site and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions of use posted on the linked site.

Any commercial transactions or business activities between you and third parties (including advertisers) included in the site are solely between you and the third party and AVAIA shall not be responsible or liable for any part of such dealings or promotions.

Third-Party Web Sites Seeking to Link with AVAresearch.com
You may link to AVAIA's site, provided that you comply with the following restrictions:

• You do not create a browser or border environment around the AVAIA content.
• You do not imply that AVAIA is endorsing your site or your products.
• You do not misrepresent your relationship with AVAIA, its members, officers or directors.
• You do not present false information about AVAIA, its activities, or its members.
• You do not display the AVAIA's name, logo, trademark, or other identifier on your site without AVAIA's permission.
• You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
• You do not link from a web site that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
• You do not link from a web site that infringes upon any intellectual property or other right of any entity or person.

If in the opinion of AVAIA, you violate any of these restrictions, you agree to immediately remove AVAIA's link from your site.

Access to Secure Areas
You agree that you will not attempt to access password protected and/or secure areas of this site unless you are an authorized user. If you are an authorized user, you agree not to assist third parties in obtaining access to these areas without AVAIA's approval.

Submissions and Postings
This site may contain bulletin board services, chat areas, forums, and/or other message facilities designed to enable you to communicate with others or with AVAIA. You agree that nothing submitted by you to this site shall contain any material which:

• Defames, abuses, harasses, threatens others.
• Contains inappropriate, defamatory, obscene or unlawful topic, name, material or information.
• Infringes any intellectual property or other property right of any entity or person, including, but not limited to violating copyrights, trademarks, or confidential information.
• Violates any laws or regulations including, but not limited to, federal and state antitrust laws.
• Contains viruses or similar programs that may damage the operation of another's computer or property.
• Advertises or offers to sell or buy any goods or services for any business purpose unless specifically authorized by AVAIA.
• Uses a false identity for the purpose of misleading others.
• Deletes any copyright or proprietary notice other designations that identify the source or origin of any materials.
• Contains any material posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.

By posting materials, you warrant and represent that you own the copyright to such materials, have received permission from the copyright owner, or that the material is in the public domain. You further represent and warrant that you have the full and unencumbered right to post such materials and that the posting will not infringe upon any rights of others. You grant AVAIA and users of the site a non-exclusive, irrevocable, royalty free license to display, copy, transmit, print and use this information in any manner.

You acknowledge that you are responsible for the legality, accuracy, and appropriateness of the materials that you submit. Although AVAIA has no obligation to monitor these materials, AVAIA reserves the right to review materials that are posted on the site and has the right to terminate your access to the site at any time and for any reason without providing notice to you. AVAIA reserves the right to remove, edit, or refuse to post any information that it deems inappropriate.

You agree that AVAIA may disclose any information involving you (including your identity) if AVAIA believes that there is a violation of law or in response to any applicable law, regulation, legal process or government request.

Miscellaneous
As a condition of your use of this site, you agree not to use the site for any purpose that is unlawful or prohibited by this agreement.

Use of the site by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AVAIA as a result of this agreement.

If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect.

A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These terms and conditions constitute the entire agreement between you and AVAIA with respect to your use of the site. You acknowledge that, in providing you access to and use of the site, AVAIA has relied on your agreement to be legally bound by these terms and conditions.

 USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO OUR TERMS OF USE AGREEMENT