The HedgePond website (the "Service") may include or make available the following (collectively, "Content"):

1. general news and information, research reports, commentary, educational material and information and data concerning the financial markets, securities and other subjects;
2. account positions, balances, transactions, confirmations, and order history;
3. access to blogs, wikis, online conferences, telecasts, podcasts, bulletin boards and other public forums;
4. financial and investment interactive tools, such as calculators or alerts;
5. market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities’ regulations; and
6. tax preparation, bill payment and account management tools.

Some of the Content is supplied by third parties that are not affiliated with the us ("Third-Party Providers"). Most Content from the Third-Party Providers is available through framed areas or through hyperlinks to the Third-Party Providers’ websites.

By using the Service you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth in this document, which apply equally to us and to the Third-Party Providers. Customers of the Company are granted additional levels of access to the website and their relationship with us governed by additional agreements and terms of use, such as the Customer Agreement.

CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE". THE COMPANY AND THE THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NO INFRINGEMENT, AVAILABILITY AND ACCURACY WITH RESPECT TO THE SERVICE AND THE MATERIALS. THE COMPANY DOES NOT PARTICIPATE IN THE PREPARATION OR DEVELOPMENT OF THE CONTENT AND DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR ANY OF THE INFORMATION OR CONTENT NOR DOES IT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT PROVIDED BY THESE THIRD-PARTY PROVIDERS. THE INFORMATION IS PRESENTED AS A SERVICE TO USERS AND/OR CUSTOMERS, AND WE MAKE NO JUDGMENT OR WARRANTY WITH RESPECT TO ACCURACY, COMPLETENESS, TIMELINESS OR SUITABILITY OF SUCH INFORMATION. THIRD-PARTY CONTENT IS PRESENTED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AN INDIVIDUALIZED RECOMMENDATION OR PERSONALIZED INVESTMENT ADVICE. PAST PERFORMANCE DATA SHOULD NOT BE CONSTRUED AS INDICATIVE OF FUTURE RESULTS. THE COMPANY DOES NOT PREPARE, EDIT, OR ENDORSE CONTENT FROM THIRD-PARTY PROVIDERS. THE COMPANY DOES NOT GUARANTEE ITS ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM THIRD PARTY SITES. USE OF THE CONTENT FROM THIRD-PARTY PROVIDERS IS AT YOUR OWN RISK.

THE COMPANY AND THE THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR ANY THIRD PARTY PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
3. ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR
4. ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.

The Company provides investors with the Service, and does not make recommendations or offer investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold The Company or the Third-Party Providers liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or Third-Party Provider websites.

The Content, investment products and services offered on the websites are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.

Content posted on the HedgePond website is published as of its stated date or, if no date is stated, the date of first posting. Neither HedgePond nor the Third-Party Providers have undertaken any duty to update any such information.

Content is provided exclusively for personal and noncommercial access and use. The Company, or Third-Party Providers' company names and logos and all related product and service names, design marks and slogans are the property of the respective parties or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner. You may not modify, copy, distribute, publish, license or sell any Content or any derivative work based on the Content. We and/or the Third-Party Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless the Company and the Third-Party Providers for any loss or damages that may result.

You will not hold the Company and/or Third-Party Providers liable in any way for

1. any inaccuracy of, error or delay in, or omission of the Content, or
2. any loss or damage arising from or occasioned by
   
   1. any error or delay in the transmission of such Content,
   2. interruption in any such Content due either to any negligent act or omission by any party to any "force majeure" (e.g., extraordinary weather conditions, flood, earthquake or other act of God, fire, war, riot, insurrection, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or
   3. to any other cause beyond the reasonable control of the Company and/or Third-Party Provider, or
   4. non-performance.

Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations applicable to exchanges and Third-Party Providers. Neither we nor the Third-Party Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither the Company nor the Third-Party Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.

By using the Service and/or Third-Party Provider’s website, you are consenting to any form of recording and retention of any communication, information and data exchanged between you and the Company or its representatives or agents.

The Service and the Third-Party Providers may provide access to social media websites, blogs, wikis, podcasts, online conferences, telecasts or other forums (the "Forums"). All communications made at or through the Forums are public. Neither we nor the Third-Party Providers screen, review, approve or endorse any Content obtained through the Forums. Reliance on the Content obtained through the Forums is at your own risk. When discussing a particular company, security or stock in the Forums, you will reveal any ownership interest in such company, security or stock. You will not access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms. Without limitation, you will not do any of the following:

1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, an official of the Company or the Third-Party Providers, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. harm minors in any way;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
5. upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
7. upload, post, or transmit unsolicited commercial email or "SPAM," including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as:
   
   1. sending mass email to recipients who haven't requested email from you or with a fake return address;
   2. promoting a site with inappropriate links, titles, descriptions; or
   3. promoting any site by posting multiple submissions in public forums that are identical;
8. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
11. collect or store personal data about other users of the Service;
12. "stalk" or otherwise harass another;
13. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
14. use the Forums as a forwarding service to another website; or
15. promote, offer for sale or sell any security or item, good or service that
    
    1. violates any applicable federal, state, or local law or regulation,
    2. you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, orr
    3. the Company or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale.

When you sign up for the waitlist and/or register for the Services, you might receive a verification email to set-up your account. You will choose a login (email) and password at the time of account creation. You may use the password protected Services or modify your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

You must provide us with a primary email address that is checked regularly and frequently. All notices and communications between us will be sent to the email address you provide, and you are therefore required to keep this address current or notify us if your address changes. You should notify us if any of your contact and/or billing information changes so that we may update your account. It is also your responsibility to make sure that our domain(s), hedgepond.com, are not included in any spam block list used by you or your mail provider.

Providing false or inaccurate contact information of any kind may result in the Termination for Cause of your account.

You are responsible for all activity transpiring under your account. You agree that you have the technical ability to properly operate the Service and that You are responsible for any actions performed under your account, including but not limited to, damage caused to your computer, HedgePond site and/or equipment, and any other site.

The Company and/or the Third-Party Providers may provide links to other websites or resources. Because neither we or the Third-Party Providers have any control over such sites and resources, you acknowledge and agree that neither we nor the Third-Party Providers are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither we nor the Third-Party Providers shall 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, goods or services available on or through any such site or resource. By using the Service, you are consenting to have your personal data transferred to and processed by the Company and its affiliates. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.

You will indemnify and hold harmless the Company and the Third-Party Providers, licensors, officers, directors, partners, members, employees, distributors, representatives or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, the Forums), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.

The Terms are governed by the laws of the United States (including federal arbitration law) and the State of Wyoming, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by the Terms. The Consumer Arbitration Rules are available online: here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in the Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

The Company may at any time revise the Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review the Terms and Conditions periodically for changes. The most updated version of this document will always be available for your review under the "Terms and Conditions" link that appears on the HedgePond website.