Terms of Use

THIS AGREEMENT WAS LAST UPDATED ON February 24, 2004. BY ACCESSING AND USING THIS NBIcharts, LLC WEB SITE (hereafter known as the BREAKOUTWATCH.COM SITE), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.

By using this BREAKOUTWATCH.COM SITE, which is a service from NBIcharts, LLC, dba BreakoutWatch.com(TM), you are representing to NBIcharts, LLC that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing this BREAKOUTWATCH.COM SITE). You may not use this BREAKOUTWATCH.COM SITE for any unlawful purpose. NBIcharts, LLC may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of this BREAKOUTWATCH.COM SITE after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access this BREAKOUTWATCH.COM SITE, before you begin using this BREAKOUTWATCH.COM SITE. You may print a copy of these Terms of Use for your reference. You understand and agree that NBIcharts, LLC may discontinue or change this BREAKOUTWATCH.COM SITE at any time, without notice. You also understand and agree that NBIcharts, LLC may discontinue or restrict your use of this BREAKOUTWATCH.COM SITE for any reason without notice.

COPYRIGHT AND LIMITATIONS ON USE

The content displayed on this BREAKOUTWATCH.COM SITE (the "Content") is the property of NBIcharts, LLC or its licensors and is protected by copyright and other intellectual property laws. The Content includes for example, stock watchlists, stock charts, research articles and other items displayed on the site. This BREAKOUTWATCH.COM SITE and the Content may only be used for your personal and noncommercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content to anyone, including but not limited to others in your company or organization, without the express prior written consent of NBIcharts, LLC, with this one exception:

You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this BREAKOUTWATCH.COM SITE, for a noncommercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this BREAKOUTWATCH.COM SITE, original source attribution, and the phrase "Used with permission from NBIcharts, LLC." You may not post any content from this BREAKOUTWATCH.COM SITE to newsgroups, mail lists, electronic bulletin boards or other BREAKOUTWATCH.COM SITEs, without the prior written consent of NBIcharts, LLC.

This BREAKOUTWATCH.COM SITE includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. NBIcharts, LLC and its Content licensors are not giving investment advice, tax advice, legal advice, or other professional advice. NBIcharts, LLC and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.

DISCLAIMER OR WARRANTIES AND LIABILITY

Due to the number of sources from which content in this BREAKOUTWATCH.COM SITE is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and this BREAKOUTWATCH.COM SITE. NBIcharts, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THIS BREAKOUTWATCH.COM SITE, OR THIS BREAKOUTWATCH.COM SITE ITSELF. NEITHER NBIcharts, LLC NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THIS BREAKOUTWATCH.COM SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS BREAKOUTWATCH.COM SITE AND ANY CONTENT THROUGH THIS BREAKOUTWATCH.COM SITE. IN NO EVENT WILL NBIcharts, LLC, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THIS BREAKOUTWATCH.COM SITE. NBIcharts, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LINKS TO THIRD PARTY SITES

This BREAKOUTWATCH.COM SITE contains hyperlinks to web sites operated by persons other than NBIcharts, LLC. Such hyperlinks are provided for your reference and convenience only. You agree not to hold NBIcharts, LLC responsible for the content or operation of such web sites. A hyperlink from this BREAKOUTWATCH.COM SITE to another web site does not imply or mean that NBIcharts, LLC endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this BREAKOUTWATCH.COM SITE.

If you wish to make purchases from an area of this BREAKOUTWATCH.COM SITE or a "co-branded" web site operated by a person other than NBIcharts, LLC (a "Co-Branded Site"), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold NBIcharts, LLC liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site's privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

MISCELLANEOUS LEGAL TERMS

This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Hawaii, as if the Agreement was a contract wholly entered into and wholly performed within the State of Hawaii.