fe77.com from fe77 Software, LLC. ("fe77") is an applications service provider which hosts, integrates, supports and implements third party applications residing on the Web Site to authorized users. Access to and use of the Web Site by Clients of fe77 and other Users (collectively, "Users") is conditioned upon Users acceptance of the following terms, conditions and notices, together with the terms and conditions of the Legal Statement and other agreements of fe77 which are incorporated herein by this reference and set forth on the Web Site, which acceptance shall be evidenced by such access and use. fe77 reserves the right, at its sole discretion, to and may change the terms and conditions from time to time. If Users use the Web Site after notice of the change is provided in the Web Site, Users will be deemed to have agreed to be bound by any and all such changes. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Web Site.

Proprietary Rights
All proprietary rights, including copyrights, trademarks, service marks, patents and intellectual property rights of fe77 and the Web Site and the content, data, information, analysis, software, and standards and methods of delivering such information (the "Information") provided by the Web Site is proprietary and owned by the fe77 and the respective third-party licensors. Users acceptance of the terms, conditions, and notices set forth in this Agreement evidences your acknowledgment that fe77 and its respective third party licensors are the sole owners of and have expended substantial time, effort and money to develop the Information. Neither Users nor any third party shall sell, transfer, assign, publish, distribute, disseminate, allow access to or convey the Information to any third party without the prior written consent of fe77.

Content.
The Web Site provides Users with the ability to access and use software applications hosted by and information stored on the Web Site, including software, information, data, content, news, reports and other items, tangible or intangible, which are referred to as the "Information." Users are solely responsible for the Information hosted, stored and transmitted through the Web Site. fe77 exercises no control over and accepts no responsibility for the content of the information displayed on the Web Site, including content provided on any third party web sites linked to the Web Site. Any web site links are provided for informational purposes only and are not intended and should not be construed as an endorsement by fe77 of the contents of such web sites. fe77 is not responsible for screening nor monitoring any content used by Users. fe77 does not endorse any goods, services, applications and or information sold or advertised by Users.

Improper Use.
Users may not use or allow others to use, the user name, password or the Web Site, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any material or information through, using or otherwise in connection with the Web Site, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another; or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others, (e) violates export control laws or regulations, (f) constitutes deceptive advertising, and or violates the privacy, publicity or other personal rights of fe77 and or any other third party, (g) constitutes unsolicited communications and messages ("Spam"), (h) disrupts, impairs, interferes, alters or modifies the Web Site or any content and or information provided thereon, (i) violates the security of fe77 and its Users, including without limitation, accessing data not intended for such Users, breaching security or authentication measures, and or interfering with the Web Site by overloading or introducing a virus into the system. Users are solely responsible and liable for any such activity or conduct. fe77 shall have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, completeness, currentness or usefulness of any content, information and other services in connection with Users’ user name or password. fe77 reserves the unconditional right to remove any content, information and other matters we consider harmful, offensive, in violation of law, regulation or any agreement and to suspend or terminate any Users’ access to the Web Site.

Privacy.
In receiving services from fe77, Clients may transmit information about themselves, their customers, their employees and others. Clients of fe77 authorize fe77 to use such information to manage the applications for the benefit of Clients. fe77 makes available the Web Site to its Clients and by extension to other users. fe77 may store and use Users personal information for our own internal purposes and or to manage the applications on the Web Site. fe77 reserves the right to access, monitor and retrieve password-protected information for compliance with this Agreement. fe77 will not disclose your personal information, except as described in this Agreement, nor will we disclose information to others that would connect your user name with your actual name unless we are compelled by law. In our sole discretion, we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities. fe77 may from time to time aggregate the information about our clients and other users and Users agree fe77 can make such statistical information available to others, as long as we don't identify you.

Indemnification.
Users agree to defend, indemnify and hold harmless fe77, its affiliates and their respective directors, officers, members, managers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of Users, use and access of the Web Site by Users or any third party use of Users’ account.

Access to and use of the fe77.com website(s) (the "Web Site")
from fe77 ("fe77") is conditioned upon the fe77 clients and other users (collectively, "Users") acceptance of the following terms, conditions and notices, which acceptance shall be evidenced by such access and use.

LIABILITY AND CONTENT DISCLAIMER

fe77 exercises no control over and expressly disclaims responsibility and liability for any content posted or information provided Users on the Web Site. fe77 shall not be responsible for any errors or omissions contained on the fe77 Web Site and reserves the right to make changes from time to time without notice. fe77 and its affiliates, agents and licensors do not warrant the accuracy, completeness, currentness, non infringement of the data, news, content and or other information provided by the Web Site. fe77 does not endorse, warrant or guarantee any content, material, product or service offered through or hosted by the Web Site. fe77 is not and will not be a party to any transaction by and between Users.

THE WEBSITE, THE CONTENT, INFORMATION AND ANY PRODUCTS AND SERVICES IS PROVIDED AND HOSTED BY fe77 ON AN "AS IS", "WHEREAS" BASIS AND CONDITION, WITH ALL FAULTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, fe77 AND ITS AFFILIATES, AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND OR ANY MATERIAL OR PRODUCTS PROVIDED BY THE WEBSITE.

Neither fe77 or its any of its affiliates, agents or licensors shall be liable to Clients and or Users and or anyone else for any loss or injury caused in whole or part by its negligence, errors and or omissions, including without limitation in procuring, compiling, interpreting, reporting or delivering the news, data, content, materials, and or other information. In no event shall fe77, its affiliates, agents or licensors be liable for any direct, indirect, incidental, punitive or consequential damages, whether arising under contract or tort, or otherwise with respect to the web site, the information and the products even if advised of the possibility of such damages.

Errors.
This Web Site may, from time to time contain inaccuracies or typographical errors or may become temporarily unavailable due to mechanical malfunctions or disruptions.

Intellectual Property.
All information and documents provided on the Web Site are protected by copyright law. Users may not modify, copy, distribute, transmit, broadcast, display, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Web Site without the express written consent of fe77. All trade names, trademarks and service marks displayed on the Web Site are the property of fe77 or their respective owners. All works of authorship and the copyrights relating thereto, contained in the Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by fe77 or one of its affiliates, and may not be used, copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of fe77. fe77 is a trademark of fe77. Clients retain a copyright and trademark in material on which Clients hold valid, pre-existing copyright or trademark rights; subject to such rights, fe77 retains all intellectual property rights in and to all materials and information presented on the Web Site.

Links.
The Web Site may contain hyper links to web sites from other third parties. Such hyper links are provided for reference only and fe77 disclaims any responsibility and liability for the accuracy and reliability of the contents on such other sites and does not imply any endorsement or accuracy of the material on such other websites. Users shall not use the fe77 logo as a "hot" link to the Web Site without the prior written consent of fe77.

Quotes.
Quotes appearing on the Web Site are supplied by other providers and unless otherwise indicated, stock quotes are delayed at least 20 minutes. fe77 disclaims any and all responsibility and liability for the accuracy or timeliness of such stock quotes.

Indemnification.
Users agree to defend, indemnify and hold fe77, our employees, agents, officers, directors, members, agents, attorneys, contractors, suppliers and other representatives and affiliates harmless from and against all liabilities, damages, claims, actions, damages, costs and expenses (including attorneys, fees), in connection with or arising from Users breach of this Agreement, the Legal Statement, and any other agreement that Users enter into with fe77, Users use and access of the Web Site, including without limitation relating to the applications provided and or the information stored on the Web Site, links or related listings, trademark, patent and or copyright infringement. fe77 may, if necessary participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect fe77's rights or obligations shall be made without prior written approval of fe77. We reserve the right, at our own expense and on notice to Users, to assume exclusive defense and control of any claim or action and then corresponding indemnification obligation will end.

Privacy Statement.
fe77 receives information from Users, including names, e-mail addresses and other personally identifying information on a non-confidential basis. The information is gathered by fe77 with Users approval and permission and Users agree that fe77 is granted a royalty free license to use the information for the purpose of managing the applications at the direction of, and for the benefit of its Clients. fe77 respects the privacy of its Users and does not sell any personally identifiable information to any third parties.

Governing Law and Jurisdiction.
The above fe77 Legal Statement and the other terms and conditions relating to your access and or use of the Web Site (the "Agreement") shall be governed and construed under the laws of the State of California or the federal laws of the United States of America. Users agree to submit any claim and or action arising from and or relating to the Agreement and or access to and or use of the Web Site and or the various applications incidental thereto to the jurisdiction of the Superior Court for the State of California in the City and County of San Francisco or the United States District Court for the Northern District of California.

FE77's Unsolicited Idea Submission Policy.
FE77 or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies,product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when FE77's products or marketing strategies might seem similar to ideas submitted to FE77. So, please do not send your unsolicited ideas to FE77 or anyone at FE77. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

Terms Of Idea Submission
You agree that: (1) your ideas will automatically become the property of FE77, without compensation to you, and (2) FE77 can use the ideas for any purpose and in any way, even give them to others.

Product Feedback
FE77 does, however, welcome your feedback regarding many areas of FE77's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the address found at http://www.fe77.com/contact.jsp, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on FE77's existing products or marketing strategies; do not include any ideas that FE77's policy will not permit it to accept or consider. It's just one more way that FE77 can learn how to best satisfy your needs.

This agreement shall be effective May 23, 2003