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Portfolio Endurance Online Services Agreement Welcome to PortfolioEndurance. Use of this site is subject to the terms and conditions contained in the Online Services Agreement set forth below. In continuing to access or use our site, you agree to be bound by those terms and conditions within the Online Services Agreement applicable to your use. By using this site or by creating an account you agree to all terms and conditions within the Online Services Agreement.

Portfolio Endurance., Inc. ("Portfolio Endurance," "we" or "us") Online Services Agreement ( "Agreement") applies to Portfolio Endurance’s web sites, other electronic channels as described below, and electronic content, services and tools. This includes calculation tools, calculators, and other services or forums, as well as any features or content we may add in the future. We refer to all of the above as "Services." This Agreement applies to all Services regardless of the means by which you access such Services. Services may be offered on the PortfolioEndurance.com domain as well as on other Internet domains operated by Portfolio Endurance and our partners. In addition, Services may be available through other computer, telephonic, e-mail or wireless services or systems.

REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES Portfolio Endurance may revise the Online Service Agreement at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the Portfolio Endurance.com home page periodically to review the most current terms and conditions. If you have an account with Portfolio Endurance, your customer relationship with Portfolio Endurance is also governed by your account agreements. If there is any conflict between (1) the Online Service Agreement and (2) your account agreements, then your account agreements will govern. Portfolio Endurance Services are subject to any disclosures or disclaimers found within the Portfolio Endurance Services.

REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION When you register for a Portfolio Endurance Service, we may ask you to give us certain identifying information ("Registration"). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Portfolio Endurance for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the Registration process and in our Privacy Policy. For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including passwords, User Names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Portfolio Endurance Services. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Portfolio Endurance Service through the use of your Registration information. Portfolio Endurance may offer you the opportunity to personalize a Portfolio Endurance Service or your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. For more information about these techniques, see "About Cookies." If you access Portfolio Endurance from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.

UNAUTHORIZED USE OF YOUR REGISTRATION Unauthorized use of Registration information is strictly prohibited. If you believe that someone has used your Registration information to access any Portfolio Endurance Service without your authorization, please call Portfolio Endurance immediately.

PORTFOLIO ENDURANCE'S LICENSE TO YOU Portfolio Endurance grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Portfolio Endurance Services. This license is conditioned on your continued compliance with the terms and conditions in the Online Service Agreement.

YOUR LICENSE TO PORTFOLIO ENDURANCE Unless otherwise indicated for a particular Portfolio Endurance Service, any communications or material of any kind that you e-mail, post or otherwise transmit through the Portfolio Endurance Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Portfolio Endurance to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Portfolio Endurance Web site or elsewhere with no liability or obligation to you. Portfolio Endurance is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

USE OF THIRD PARTY SERVICE PROVIDERS Portfolio Endurance may use third party service providers to assist in providing certain Portfolio Endurance Services with or without notice to you (each, a "Third Party Service Provider"). Portfolio Endurance may also change Third Party Service Providers or may itself provide a Portfolio Endurance Service without the assistance of such third party. You consent and authorize Portfolio Endurance to delegate the authorizations you provide to Portfolio Endurance to its Third Party Service Provider(s) as Portfolio Endurance deems necessary or desirable to provide the applicable Portfolio Endurance Service to you. You agree that the terms and conditions of the Online Service Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the Online Service Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to "Portfolio Endurance" within the Online Service Agreement and any incorporated terms are also deemed to include, where applicable, Portfolio Endurance's agents, such as the Third Party Service Providers. To protect the privacy and security of your personal information, Third Party Service Providers will only be authorized to use or maintain your personal information only in accordance with Portfolio Endurance's privacy policy.

NOTICES AND COMMUNICATIONS You agree to accept all communications from us regarding use of the Portfolio Endurance Services. From time-to-time we would like to send you information about Portfolio Endurance products and services. If you register for a Portfolio Endurance Service, you are granting Portfolio Endurance permission to communicate with you by e-mail. You can opt not to receive such information from us in the future by following the instructions in any e-mail that we send to you. You agree to be bound by any affirmation, assent or agreement you transmit through the Portfolio Endurance Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

USE OF PORTFOLIO ENDURANCE SERVICES The following requirements apply to your use of all Portfolio Endurance Services: You will not use any electronic communication feature of a Portfolio Endurance Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You will not collect or store personal data about other users. You will not use any Portfolio Endurance Service for any commercial purpose not expressly approved by Portfolio Endurance in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication. You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

MARKET INFORMATION We may make available to you through one or more Portfolio Endurance Services a broad range of information that we obtain Third Party Service Providers. This includes news, opinions, and research reports. Collectively, we refer to this as "Information." Portfolio Endurance does not endorse or approve Information, and we make it available to you only as a service and convenience. Portfolio Endurance and our Third Party Service Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of Information, or (2) warrant any results from your use or reliance on Information. Information may quickly become unreliable for various reasons including, for example, changes in tax conditions or economic circumstances. Neither Portfolio Endurance nor the Third Party Service Providers are obligated to update any information or opinions contained in any Information, and we may discontinue offering Information at any time without notice. You agree that neither Portfolio Endurance nor the Third Party Service Providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Information. You will not redistribute or facilitate the redistribution of Information, nor will you provide access to Information to anyone who is not authorized by Portfolio Endurance to receive Information.

NO INVESTMENT ADVICE OR RECOMMENDATIONS The Portfolio Endurance Services and content (including Information) are for information, education, and entertainment purposes only. Although Portfolio Endurance Services may provide information relating to investment approaches, you should not construe any Information, features, tools or other content available through any Portfolio Endurance Service as legal, tax, investment, financial or other advice. Nothing contained in any Portfolio Endurance Service or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by Portfolio Endurance or a Third Party Service Provider to buy or sell any securities or other financial instruments or to transact business with a Third Party. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Portfolio Endurance Service before making any decisions based on Information or content contained in a Portfolio Endurance Service. In exchange for using Portfolio Endurance Services, you agree not to hold Portfolio Endurance or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Portfolio Endurance Service.

USE OF ACCESS DEVICES With the exception of applications commonly known as Web Browser software, or other applications formally promoted, endorsed or approved by Portfolio Endurance in writing, you agree not to use any software, program, application or any other device to access or log on to any Portfolio Endurance Service, including Portfolio Endurance's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Information or any other content to or from any Portfolio Endurance Service, including Portfolio Endurance's computer systems, Web site or proprietary software.

SECURITY OF DATA TRANSMISSIONS AND STORAGE Electronic (including wired and wireless) communications through the Portfolio Endurance Services may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Portfolio Endurance or between you and other parties.

MONITORING BY PORTFOLIO ENDURANCE Portfolio Endurance, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We and our Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with the Online Service Agreement, the security of the Portfolio Endurance Services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Portfolio Endurance or its Third Party Service Providers monitor your Communications and enforce or fail to enforce the Rules and Guidelines of any Portfolio Endurance Service and the terms of the Online Service Agreement. In no event will Portfolio Endurance or its Third Party Service Providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.

HYPERLINKS Portfolio Endurance may make available links from a Portfolio Endurance Service to other, third party sites or electronic services providers that are not affiliated with Portfolio Endurance. Portfolio Endurance does not control these other sites or services, and Portfolio Endurance makes no representations or endorsements whatsoever concerning those sites or services. The fact that Portfolio Endurance has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Portfolio Endurance cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Portfolio Endurance liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

DISCLAIMERS OF WARRANTIES ALTHOUGH PORTFOLIO ENDURANCE TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS PORTFOLIO ENDURANCE SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. PORTFOLIO ENDURANCE RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE PORTFOLIO ENDURANCE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." PORTFOLIO ENDURANCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE PORTFOLIO ENDURANCE SERVICES. PORTFOLIO ENDURANCE PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. PORTFOLIO ENDURANCE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE PORTFOLIO ENDURANCE SERVICES. PORTFOLIO ENDURANCE MAY CHANGE INFORMATION CONTAINED IN THE PORTFOLIO ENDURANCE SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE PORTFOLIO ENDURANCE SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE PORTFOLIO ENDURANCE SERVICES. FURTHER, PORTFOLIO ENDURANCE MAKES NO WARRANTIES REGARDING THE PORTFOLIO ENDURANCE SERVICES. PORTFOLIO ENDURANCE AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTFOLIO ENDURANCE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTFOLIO ENDURANCE OR THROUGH OR FROM THE PORTFOLIO ENDURANCE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY AND INDEMNIFICATION YOU AGREE TO INDEMNIFY AND HOLD PORTFOLIO ENDURANCE AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PORTFOLIO ENDURANCE OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PORTFOLIO ENDURANCE SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL PORTFOLIO ENDURANCE OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A PORTFOLIO ENDURANCE SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY PORTFOLIO ENDURANCE. PORTFOLIO ENDURANCE AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF PORTFOLIO ENDURANCE OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PORTFOLIO ENDURANCE SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PORTFOLIO ENDURANCE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE PORTFOLIO ENDURANCE SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE PORTFOLIO ENDURANCE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD PORTFOLIO ENDURANCE RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE PORTFOLIO ENDURANCE SERVICES. Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages] may not apply to you, and the respective liability of Portfolio Endurance and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail then you expressly agree that under no circumstances will the total, aggregate liability of Portfolio Endurance and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $0.00 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

RESTRICTIONS ON USE Except as otherwise permitted by Portfolio Endurance, no materials from the Portfolio Endurance Services or any site owned, operated, licensed or controlled by Portfolio Endurance may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Portfolio Endurance Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Portfolio Endurance Services for public or commercial purposes, including any text, images, audio, or video without Portfolio Endurance's written permission.

TRADEMARKS AND COPYRIGHTS The Portfolio Endurance Services are owned by Portfolio Endurance or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Portfolio Endurance or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Portfolio Endurance. Nothing contained in the Portfolio Endurance Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Portfolio Endurance Services without the written permission of Portfolio Endurance or such third party that may own the trademarks displayed on the Portfolio Endurance Services. Your use of the trademarks displayed on the Portfolio Endurance Services, or any other content in the Portfolio Endurance Services, except as provided herein, is strictly prohibited. Images displayed through the Portfolio Endurance Services are either the property of, or used with permission by, Portfolio Endurance. You are prohibited from using or authorizing the use of these images unless specifically permitted under the ONLINE SERVICE AGREEMENT. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Portfolio Endurance has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.

MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF PORTFOLIO ENDURANCE SERVICES Portfolio Endurance reserves the right to modify or discontinue temporarily or permanently, a Portfolio Endurance Service (or any part thereof) with or without notice. You agree that Portfolio Endurance will not be liable to you or to any third party for any modification, suspension or discontinuance of a Portfolio Endurance Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a Portfolio Endurance Service being canceled. The license granted under the ONLINE SERVICE AGREEMENT will terminate if Portfolio Endurance believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the ONLINE SERVICE AGREEMENT and all Rules and Guidelines for each Portfolio Endurance Service. Upon such violation, you agree to terminate access to the Portfolio Endurance Services.

GOVERNING LAW The ONLINE SERVICE AGREEMENT, and all future agreements you may enter into with Portfolio Endurance, unless otherwise indicated on such other agreement, will be governed by the law of the state of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Portfolio Endurance in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California. If any part of the ONLINE SERVICE AGREEMENT is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions