All references in this "terms of service" to www.Fund-Track.com shall include the owner of www.Fund-Track.com, and any affiliates, subsidiaries, officers and employees of www.Fund-Track.com, or its owner.  All references to "you" and "your" shall mean the subscriber.

Acceptance by www.Fund-Track.com and access to Fund-Track.com is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by Fund-Track, acceptance is expressly limited to these terms.


1. Description of Services
www.Fund-Track.com is a website which provides commentary and information on mutual funds.   It has password protected areas available to subscribers.

2. Subscribing
By subscribing to www.Fund-Track.com, you agree to provide complete and accurate registration information. You agree to maintain and update this information as necessary to keep it true, accurate and complete.  www.Fund-Track.com reserves the right to terminate the subscriber’s subscription or limit access to the services if the information is false or inaccurate.

All subscription fees will be charged to the credit card provided by the subscriber. The charges will appear on the credit card statement under the name Fund-Track, which is subject to change at anytime.  Renewal of your subscription is automatic.  The renewal of your subscription will continue and your credit card charged until you cancel your subscription prior to the beginning of the automatically renewed subscription period as provided below.  www.Fund-Track.com reserves the right to change the rates for the subscription at any time.  A 30 day notice will be given ahead of any subscription rate increase.  If the company issuing the credit card rejects the charge for any reason, www.Fund-Track.com reserves the right to terminate your subscription and your access to www.Fund-Track.com.

To access www.Fund-Track.com you must select a User Name and Password.  Fund-Track reserves the right to reject any User Name or Password if www.Fund-Track.com believes, in its sole discretion, that the User Name or Password is vulgar, offensive, illegal, a trademark infringement, an attempt to impersonate someone else, or intended to cause confusion.  You agree that you have no right to transfer or assign the User Name or Password, and that you are solely responsible for maintaining confidentiality of the User Name and Password.  If you believe that your User Name or Password is no longer secure, you agree to promptly notify www.Fund-Track.com and change your User Name and Password.


3. Terms of Use
You agree that you shall use the access granted to www.Fund-Track.com and any emails received from www.Fund-Track.com, its agents or assigns, for your personal and non-commercial use only.  You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, material or services obtained from the www.Fund-Track.com or the emails sent by www.Fund-Track.com.

You acknowledge that you have read, understand and agree to the terms of the Disclaimer and the Privacy Statement posted on Fund-Track.

Membership and password to Fund-Track is confidential.  It is not to be shared with anyone outside your immediate family.  You agree not to permit anyone whose subscription was terminated to access the site with your User Name and Password, or to provide your User Name and Password for the purpose of accessing www.Fund-Track.com.

You agree that you will only use the access granted under this Agreement for lawful purposes.  If you violate any of these Terms, your permission to use the material automatically terminates without a refund for unused time.  You must immediately destroy any copies you have made of the Material.

All materials on Fund-Track.com, or in emails sent by www.Fund-Track.com, (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by www.Fund-Track.com or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed. Fund-Track is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, materials, or Services in whole or in part.  You may download or copy the Content, and other items displayed on, or distributed by www.Fund-Track.com,  for personal use only, provided that you maintain all copyright and other notices contained in such Content.  You will not store any significant portion of any Content in any form.  Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from www.Fund-Track.com, or from the copyright holder identified in such Content's copyright notice.

Fund-Track may contain links to the sites of third parties.  The linked sites are not under the control of www.Fund-Track.com and www.Fund-Track.com is not responsible for the content of those sites.  These links are provided only as a matter of convenience and inclusion of a link by www.Fund-Track.com does not imply an endorsement of, or an association with, any third party’s linked site, products or services, unless expressly stated.  Fund-Track is not a party to any agreement or transaction which you enter into with a third party accessed through a link.  You are responsible for reading and complying with the terms of use, privacy statement and disclaimer for any linked site.  The online trading services that you may access through links on Fund-Track are services offered by listed independent brokerage firms and require that you open and maintain a brokerage account with them.  www.Fund-Track.com does not endorse or recommend the services of any brokerage firm and you agree that Fund-Track shall not be liable for any damages or costs arising out of your relationship with any brokerage firm.

You understand that parts of the content, on Fund-Track may be provided by third party content providers and suppliers.  You acknowledge that neither www.Fund-Track.com nor such third party providers and suppliers guarantee the accuracy, completeness or timeliness of such information and you therefore agree that www.Fund-Track.com and its third party providers and suppliers shall have no liability for any loss you may suffer through your use of such materials or resulting from any errors, omissions or delays related thereto.

4. Indemnification
You will indemnify and hold www.Fund-Track.com, its officers and employees, harmless, including costs and attorneys' fees, from 1. any claims of liability or responsibility for any use or misuse of the Services as selected or as applied by you, 2. any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your www.Fund-Track.com User ID and password, of any intellectual property or other right of any person or entity.

5. Disclaimer of Warranties
You acknowledge that the services and the site are still under development and that the services, and content and site are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you,

6. Accessibility
You agree that from time to time www.Fund-Track.com may be inaccessible or inoperable for any reason, including, without limitation: 1. equipment malfunctions; 2. periodic maintenance procedures or repairs which www.Fund-Track.com may undertake from time to time; or 3. causes beyond the control of www.Fund-Track.com or which are not reasonably foreseeable by www.Fund-Track.com.  www.Fund-Track.com may change, suspend or discontinue the services at any time, including the availability of any feature, database, or content.  www.Fund-Track.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

7. Termination
www.Fund-Track.com reserves the right to terminate your subscription or limit your access to www.Fund-Track.com at any time, in its sole discretion, and make a refund to you for any remaining whole months on your subscription.  In the event of a breach of this Agreement by you, www.Fund-Track.com reserves the right to immediately terminate your access without a refund.  

8. Modification and Amendment
www.Fund-Track.com reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via e-mail.  You are responsible for reviewing and becoming familiar with any such modifications.  Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

9. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any material to countries or persons prohibited under the export control laws.  By downloading any material, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of anything from Fund-Track.


10. Miscellaneous
a. This Agreement shall be governed by the laws of the state of Florida and the United States of America without reference to conflicts of laws.
b. Waiver and Severability - No failure or delay in exercising or enforcing any right or remedy hereunder by www.Fund-Track.com shall constitute a waiver of any other right or remedy, or future exercise thereof.  If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
c. Survival. - The respective rights and obligations of the parties under Sections 3, 4, and 5, and this Section 9 shall survive any termination or expiration of this Agreement.
d. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

That's it........

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