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EquityNet - Magnifying Investment Potential

EquityNet - Magnifying Investment Potential

Wednesday, August 20 2008

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	User Agreement: Entered information is not shared, sold, or otherwise distributed to any other party. See Privacy Policy. EquityNet, LLC Terms and Conditions of Use By using this website you agree to be bound by these Terms and Conditions of Use ("Terms and Conditions") just as if you had signed the agreement. Please bear in mind that EquityNet, LLC reserves the right to revise these Terms and Conditions at any time, and by using this website, you agree to be bound by any such revisions when they become effective whether or not you have reviewed them. If you do not agree to these Terms and Conditions of Use, you should not use this website. 1. EquityNet™ and Enterprise Analyzer™. Among the products and Services offered by EquityNet, LLC are the software tools, EquityNet and Enterprise Analyzer. The EquityNet and Enterprise Analyzer services are a set of on-line analysis tools that analyze risks associated with enterprise development (the "Service”). EquityNet and Enterprise Analyzer are available on the EquityNet web site www.equitynet.com. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device. 2. Copyright and Ownership. EquityNet, LLC is the owner of all copyrights in and to the content on the website, including without limitation, (i) all materials and documentation pertaining to the Service; (ii) all text, data, graphics, graphs, charts, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on the website; and (iii) the design, selection and arrangement of the website. All use of Services must comply with applicable local, state, and federal laws, which are also incorporated by reference. These terms and conditions apply to all users of Services owned by EquityNet, LLC and Beta-Rubicon Technologies, LLC. All rights are reserved. 3. Permitted Uses. Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access, use and display this website and the materials provided hereon for your personal and commercial use. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose. Ownership of all such content shall at all times remain with EquityNet, LLC or its licensors. EquityNet, LLC reserves all rights not expressly granted to you. Permission to use our copyrightable material for purposes not otherwise permitted herein shall be granted on a case-by-case basis. EquityNet, LLC welcomes requests. Please direct your inquiries to info@equitynet.com. 4. Intended Use. This website is intended solely for use by enterprises seeking capital and prospective investors in such enterprises. Nothing contained herein shall constitute an offer to sell to or solicitation of an offer to purchase from any investor in any jurisdiction. Any investment undertaken must comply with all legal requirements in each jurisdiction in which it purchases, offers, or sells securities. EquityNet and its affiliates are not placement agents for any securities. Neither EquityNet, or its affiliates make any representation or warranty regarding, or shall have any responsibility for the legality of such investment under the securities laws of the United States or any other jurisdiction. Prospective investors are not to construe the contents of this website as investment, legal, business or tax advice of any kind. All information provided in this website or any other website hyperlinked to this website is strictly for informational purposes only. Nothing contained herein is intended to aid in or form the sole basis of any investment decision. Each investor should perform his own due diligence and ask questions, receive answers, and obtain additional information and conduct their own due diligence review concerning a particular investment. 5. Prohibited Uses. EquityNet may be used only for lawful purposes. EquityNet, LLC specifically prohibits any use of the website for the following purposes, and users of the website agree not to use the site for any of the following purposes: a. Modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the copyrighted material contained on this website, in whole or in part, without our prior written consent (except as expressly provided herein); or b. Sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of, or grant other rights in the Service and any material and documentation provided on the website to any third party; or c. Provide use of the Service in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to users who are not individually licensed by EquityNet, LLC or otherwise exploit for any commercial purposes any portion of, the use of or access to the Service or the materials or documentation provided on the website. 6. Trademarks. Trademarks by EquityNet, LLC and Beta-Rubicon Technologies, LLC may be used for the sole purpose of identifying the Services you wish to use. All other uses of the marks are strictly prohibited without the express written permission of EquityNet, LLC and Beta-Rubicon Technologies, LLC. Permission to use these marks will be granted on a case-by-case basis. EquityNet, LLC welcomes requests. Please direct your inquiries to info@equitynet.com. All other trademarks, service marks, and trade names are the property of their respective owners. 7. Modifications. EquityNet, LLC reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the transmission of any related materials or documentation) with or without notice. EquityNet, LLC further reserves the right at any time and from time to time, in its sole discretion, to change or terminate without notice any content or features contained on the website. You agree that EquityNet, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, content, or features provided on the website. 8. System Limitations and Failures. The EquityNet, LLC uses internally developed systems for its Service(s), including systems for automated enterprise analysis and enterprise monitoring. These systems may encounter technical limitations or other limitations, and computer and communications hardware systems might experience interruptions. Further, the EquityNet, LLC continually enhances and improves these systems in order to accommodate the level of use of EquityNet. Furthermore the EquityNet, LLC may add additional features and functionality to its Services that might result in the need to develop or license additional technologies. Increased utilization of the EquityNet Service or increased transaction volume through its processing systems or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. 9. Accuracy of Information. If you choose to register for the Service, you agree to provide true, accurate, current and complete information and to maintain and update this information to keep it true, accurate, current and complete during the use of the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or EquityNet, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EquityNet, LLC has the right to suspend or terminate your account and to refuse any and all current or future use of the Service and/or the website (or any portion thereof). EquityNet, LLC shall use and protect your Proprietary Data in accordance with the terms of our Privacy Policy (which is incorporated into these Terms and Conditions of Use by reference). 10. User Name, Password and Security. When Investors register for the Service, Investors will receive a password and account designation. Investors are responsible for maintaining the confidentiality of this information, and are fully responsible for all activities that occur under password or account designation. Investors agree (a) to immediately notify EquityNet, LLC of any unauthorized use of password or account designation or any other breach of security, and (b) to ensure prompt exit from the account at the end of each session. EquityNet, LLC shall not be liable for any loss or damage arising from Investor failure to comply with these Terms and Conditions. 11. Account Lockout. To reduce risk of unauthorized access, EquityNet accounts are locked after five (5) consecutive incorrect login attempts, for a lockout period of sixty (60) minutes. When the lockout period expires, the account is automatically unlocked. 12. Registration. EquityNet, LLC offers its Services and Services so offered may require payment of registration and/or user fees. The registration and or usage fees posted on the website are subject to change without notice. The receipt of an e-mail confirmation does not constitute the acceptance of a registration application. EquityNet, LLC reserves the right, without prior notification, to refuse registration to any user. EquityNet, LLC may require verification of information prior to its acceptance of any application for registration, including credit card information. Registration may be cancelled by sending a message to service@equitynet.com. 13. Secure Online Transactions. We make every effort to ensure that all transactions on our website are secure. For more information on how we protect the security and quality of your proprietary information, please see our Privacy Policy. EquityNet uses a a secure sockets layer consisting of a public key and a private key. The public key is used to encrypt information and the private key is used to decipher it. When a browser points to a secured domain, a secure sockets layer handshake authenticates the server and the client and establishes an encryption method and a unique session key. Transactions can then begin with a secure session that guarantees message privacy and message integrity. If you discover any fraudulent activity on your credit card, please contact your credit card company immediately. 14. External Sites. The website may include links to other web sites that are owned or operated by third parties ("External Sites"). EquityNet, LLC does not have any control over or responsibility for the content, terms of use, practices, or policies of such External Sites, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Sites. You further acknowledge and agree that EquityNet, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services, or other materials available on or through any External Sites. You should contact the site administrators and/or webmasters for such External Sites if you have any questions or concerns about their sites. 15. website Security Rules. Users are prohibited from violating or attempting to violate the security of the website, including, without limitation: (a) accessing data not intended for such user or logging into an account which such user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or attempting to interfere with service to any user, host, or network. Violations of system or network security may result in civil or criminal liability. EquityNet, LLC will vigorously pursue all potential violations of these security rules and will cooperate with law enforcement in prosecuting users who are found to have violated these security rules. 16. Online Commerce Security. Online commerce and communications rely on the secure transmission of confidential information over public networks. The EquityNet, LLC may rely on encryption and authentication technology licensed from third parties to provide the security and authentication technology to effect secure transmission of confidential information. There can be no assurance that advances in computer capabilities, new discoveries in the field of cryptography, or other events or developments will not result in a compromise or breach of the technology used by the EquityNet, LLC to protect customer transaction data. . There can be no assurance that the EquityNet, LLC's best of practice security measures will prevent security breaches. 17. Incident Reporting Users agree to immediately report to EquityNet, LLC, all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data. 18. Monitoring All electronic communications and content presented to and/or passed on EquityNet, including that presented to and/or passed to and from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of EquityNet in the exercise of their duties, or by law enforcement authorities who are called upon to assist EquityNet in investigating possible wrongdoing. Electronic communications and content may be examined by automated means. Further, EquityNet reserves the right to reject from the network any electronic communications or content deemed not to be in compliance with EquityNet corporate policies and procedures. 19. Suspension; Termination. If it is determined that any user of the Services has violated any element of these Terms and Conditions, EquityNet, LLC shall have the right, in its sole discretion, to suspend or terminate such user’s password, user account (or any part thereof) and access to the Service and the website. Users agree that any suspension or termination of access to the Service and the website, and any deletion of user account information, may be effected without prior notice. Users of the Services further agree that, upon termination, such users shall immediately destroy any copies made of any portion of the content contained on the website. Finally, user agrees that EquityNet, LLC shall not be liable to user or any third party for any suspension or termination of access to the Service and the website, or for any deletion of account information. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms and Conditions shall survive termination. 20. Disclaimer. All warranties and representations of any kind with respect to the Service or EquityNet content contained therein are hereby disclaimed, including, but not limited to, (a) warranties as to merchantability or use for a particular purpose (including investment decisions), whether or not EquityNet knows or has reason to know or has been advised of any such purpose, (b) warranties as to any results to be obtained from any use of the Service or EquityNet content or information derived from the Service or EquityNet content or (c) any representation or warranty that the Service are in any way guidance for any investor or investors in general to determine the suitability or desirability of the investment in a particular security, or securities in general. To the extent that any implied warranties cannot be disclaimed under applicable law, any such implied warranties are limited in duration to thirty (30) days from the delivery date. EquityNet content, including the services, shall not be construed as investment advice by EquityNet, an opinion regarding the appropriateness or suitability of any investment by EquityNet, or a recommendation or an offer or solicitation by EquityNet for the purchase or sale of any security or securities in general, nor otherwise an endorsement, inducement, or solicitation of any type. EquityNet shall have no liability for investment decisions based upon, or the results obtained, from EquityNet content, including the Services. EquityNet content is intended for general information purposes only and should not be relied or acted on without obtaining specific tax and/or investment advice. Services are calculated on the basis of historical observations and should not be relied on to predict future trends. EquityNet shall have no liability for any losses (whether direct or indirect, in contract, tort, or otherwise) incurred in connection with the Services or results or EquityNet content, including but not limited to lost revenue or profit, or any other commercial or economic loss, or for any decision made or action taken by any third party in reliance upon the Service or EquityNet content. 21. Limitation of Liability. In no event shall EquityNet, LLC have any liability for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages (whether in contract, tort, or otherwise) incurred in connection with the Service or EquityNet content, including but not limited to lost revenues or profits, lost or damaged data, damage to or interruption of any local area networks, introduction of viruses, worms or other destructive programs or any other commercial or economic losses, any decision made or action taken by any party in reliance on the Service (or its results or the EquityNet content) any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Service, or any inaccuracies, errors or omissions in connection with the Service and any EquityNet content. The maximum aggregate liability of EquityNet, LLC and its agents, representatives and employees in connection with the Service and EquityNet content, whether in tort, contract or otherwise, shall not exceed the amount of the registration and user fees paid for the use of the Service. 22. Indemnity. Users of the Services agree to defend, indemnify, and hold EquityNet, LLC, its officers, directors, employees, agents, licensees and licensors harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, all reasonable legal and accounting fees, resulting from, or alleged to result from violation of these Terms and Conditions. 23. Foreign Jurisdictions. EquityNet, LLC makes no representation that the content contained on the website is appropriate or to be outside of the United States. Access to the content may not be legal in certain countries and by certain people in those countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 24. Governing Law; Arbitration. These Terms and Conditions shall be governed by the laws of the State of Arkansas, without regard for such State's principles regarding conflicts of laws, and excluding that body of law applicable to choice of law. Any dispute or controversy arising hereunder shall be settled exclusively by arbitration to be held in the City of New York before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrators' award in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the courts located in Arkansas for that purpose. The arbitrator may grant injunctive or other relief. The decision of the arbitrator shall be final and binding on the parties. 25. Severability. The invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect any other provision hereof, and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted. If it is determined that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited. 26. General. These Terms and Conditions constitute the entire agreement between you and EquityNet, LLC and govern use of the Service and the website, superseding any prior agreements between users of the Services and EquityNet, LLC, whether oral or in writing. Use of the website is also subject to the Privacy Policy and the Trademark Notices Policy. The failure of EquityNet, LLC to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or any further right hereunder. EquityNet, LLC shall have the right to collect any expenses incurred including attorneys' fees in enforcing its rights under these Terms and Conditions. December 8, 2006 By clicking on 'I accept' below you are agreeing to the User Agreement above and the Privacy Policy.

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