Fill and Sign the Subscriber Agreement Form

SUBSCRIBER AGREEMENT IMPORTANT: READ THIS AGREEMENT BEFORE USING THE SERVICE PROVIDED BY Intelligent Information Incorporated (hereafter referred to as "III"). YOUR USE OF THE SERVICE, OR SIGNED ACKNOWLEDGMENT, WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this Agreement is unacceptable to you, do not use the Service. III is willing to provide you the Service only if you agree to be bound by the following terms: 1. Information, data or messages provided through the Service, has been independently obtained by III from various originators and consolidators of data including securities markets, such as stock exchanges, their affiliates, and others (collectively, hereafter referred to as "Information Providers" or "IPs"), through sources believed to be reliable, but the accuracy, completeness, timeliness, or correct sequencing of the Information is not guaranteed by III, the IPs, or any parties transmitting or processing the Information (hereafter referred to as "Information Processors"). (Hereafter, collectively III, the IPs and Information Processors are referred to as "Disseminating Parties".) There may be delays, omissions, or inaccuracies in the Information. NO DISSEMINATING PARTY WILL BE LIABLE IN ANY WAY TO YOU OR ANY OTHER PERSON FOR (A) ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF, (I) ANY INFORMATION OR (II) THE TRANSMISSION OR DELIVERY OF ANY SUCH INFORMATION; OR (B) ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY (I) ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, (II) NON-PERFORMANCE, OR (III) INTERRUPTION IN ANY SUCH INFORMATION, DUE EITHER TO ANY NEGLIGENT ACT OR OMISSION BY ANY DISSEMINATING PARTY OR TO ANY "FORCE MAJEURE" (I.E., ANY FLOOD, EXTRAORDINARY WEATHER CONDITIONS, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS OR POWER FAILURE, OR EQUIPMENT OR SOFTWARE MALFUNCTION) OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE DISSEMINATING PARTIES. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS, OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE (INCLUDING BUT NOT LIMITED TO ACCESS TO INFORMATION). 2. IN NO EVENT WILL ANY DISSEMINATING PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE) EVEN IF ANY DISSEMINATING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF ANY DISSEMINATING PARTY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION, WILL NOT EXCEED THE AMOUNT CHARGED FOR RECEIVING THE INFORMATION. No Disseminating Party shall be liable for any loss resulting from a cause over which such entity does not have control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes, floods, acts of war, and strikes or other labor problems. AWS & III Confidential CONFIDENTIAL TREATMENT REQUESTED Brackets have been used to identify information which has been omitted from this exhibit pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. 20 21 3. III, the IPs and others have proprietary interest in the Information. You agree not to reproduce, re-transmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of III, and the relevant Information Provider(s); nor to use the Information for any unlawful purpose. You agree to comply with reasonable written requests from III, and to protect the IPs' and III's respective contractual, statutory and common law rights to the Information and the Service. 4. You acknowledge that neither the Service nor any of the Information is intended to supply tax or legal advice. Although the Service may provide Information about how to invest and what to buy, none of this Information is recommended by any Disseminating Party. The Disseminating Parties do not recommend any investment advisory service or product, nor offer any advise regarding the nature, potential value, or suitability of any particular security, transaction, or investment strategy. 5. You agree to immediately notify III if you become aware of any of the following: (a) any loss or theft of your access number(s) and/or password(s), or (b) any unauthorized use of any of your access number(s) and/or password(s), or of the Service or any Information. 6. You agree to indemnify and hold the Disseminating Parties harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement or any third party's rights. 7. III reserves the right to terminate your access to the Service or any portion of it at its sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your access number(s) and/or password(s), breach of this Agreement, discontinuance of III or loss of access to any Information from any of the IPs. The Information Processors and III shall have no liability to you; provided, however, that if the termination is without cause, III shall refund the prorata portion of any fee which may have been paid by you for the portion of the Service not furnished to you as of the date of such termination. 8. As a condition of being approved to use the Service, you represent and agree that you are making this Agreement in your own individual capacity and not on behalf of a firm, corporation, partnership, trust or association, and you further agree to receive advertising messages and e-commerce opportunities via the Service when delivered at the discretion of the Disseminating Parties. 9. You acknowledge that, in providing you with the Service, III, has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that this Agreement and all other present and future written agreements between you and III, constitute the complete statement of the agreement between you and III, and that the agreement does not include any other or prior contemporaneous promises, representations or descriptions regarding the Service or the Information even if it were contained in materials provided by III. This Agreement may be modified only in writing; if III sends you written notice of the modification, your use of the Service after receiving such notice will indicate your acceptance of the modification. If any provision of this Agreement is invalid or unenforceable under applicable laws, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into, no matter where you might legally reside. AWS & III Confidential 10. The terms and conditions of Sections 1, 2, 3 and 6 of this Agreement shall survive any termination of this Agreement.