Terms of Use GENERAL a. BrokerBanker.com is part of the HT POWERBROKERS, INC. network of web sites. When you choose to use this website (BrokerBanker.com), you are agreeing to all of the terms and conditions of this Agreement between you and HT POWERBROKERS, INC. b. HT POWERBROKERS, INC. may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the BrokerBanker.com. c. YOUR CONTINUED USE OF THE BROKERBANKER.COM NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. d. HT POWERBROKERS, INC. may change, suspend or discontinue any aspect of the BrokerBanker.com at any time, including the availability of any BrokerBanker.com feature, database, or content. HT POWERBROKERS, INC. may also impose limits on certain features and BrokerBanker.com or restrict your access to parts or all of the BrokerBanker.com without notice or liability. CONTENT a. The contents of the BrokerBanker.com are intended for your personal, noncommercial use. All materials published on the BrokerBanker.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by HT POWERBROKERS, INC. or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the BrokerBanker.com. b. BrokerBanker.com and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the BrokerBanker.com in whole or in part. c. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from HT POWERBROKERS, INC.. SUBMISSIONS a. You are solely responsible for the content of any submission you make to BrokerBanker.com. HT POWERBROKERS, INC. reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. b. You acknowledge that any submissions you make to the BrokerBanker.com may be edited, removed, modified, published, transmitted, and displayed by HT POWERBROKERS, INC. and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. c. By submitting information to the BrokerBanker.com, you hereby grant to HT POWERBROKERS, INC., its affiliates and related entities (collectively, HT POWERBROKERS, INC.) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold HT POWERBROKERS, INC. harmless for any liability arising due to the use or distribution of those materials. You further grant HT POWERBROKERS, INC. the right to use your name in connection with the reproduction or distribution of such material. HT POWERBROKERS, INC., its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the BrokerBanker.com. The BrokerBanker.com, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the BrokerBanker.com. d. You must be at least thirteen (18) years old to register for the BrokerBanker.com. In consideration of use of the BrokerBanker.com, You agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by You ("Registration Data") is untrue, inaccurate, not current, or incomplete, HT POWERBROKERS, INC. has the right to terminate your account and refuse any and all current or future use of the BrokerBanker.com. USE OF REGISTRATION DATA You agree that any registration data you provide may be shared with select third party companies ("Partner"), unless you state a preference not to be contacted. HT POWERBROKERS, INC. shall inform Partner if You state a preference not to be contacted. However, HT POWERBROKERS, INC. shall not be responsible or liable if Partner contacts You, permits a third party to contact You, or provides or discloses Your Registration Data to any third party. You agree that HT POWERBROKERS, INC., Partner, or a designee of HT POWERBROKERS, INC. or Partner may disclose Registration Data to third parties about you and information about Your use of the BrokerBanker.com, provided that such disclosures do not include Your name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) You have registered to receive any third party products or BrokerBanker.com resources, or have otherwise authorized HT POWERBROKERS, INC. and/or Partner to disclose such information; (b) such disclosure is required by law or legal process. This Agreement includes the terms and conditions of the HT POWERBROKERS, INC. Privacy Policy, a copy of which is located at on BrokerBanker.com’s homepage and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence. LINKS HT POWERBROKERS, INC. contains links to other related World Wide Web Internet sites, resources, and sponsors of HT POWERBROKERS, INC.. Since HT POWERBROKERS, INC. is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. REPRESENTATIONS AND WARRANTIES a. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless HT POWERBROKERS, INC., and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. HT POWERBROKERS, INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. b. You expressly agree that use of the BrokerBanker.com is at your own risk. Neither the BrokerBanker.com, HT POWERBROKERS, INC., nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the BrokerBanker.com, the content or the results that may be obtained form use of the BrokerBanker.com. The BrokerBanker.com is provided on an "as is" basis and the BrokerBanker.com and HT POWERBROKERS, INC. specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements. c. The BrokerBanker.com, HT POWERBROKERS, INC., their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the BrokerBanker.com or its content, including, without limitation, losses related to: your use or inability to use the BrokerBanker.com; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the BrokerBanker.com, HT POWERBROKERS, INC., their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the BrokerBanker.com in the 12 months prior to the claimed injury or damage. d. HT POWERBROKERS, INC. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the BrokerBanker.com by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE BROKERBANKER.COM IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE BROKERBANKER.COM IS AT YOUR SOLE RISK. USERNAME AND PASSWORD You may receive a password and account designation upon completing the BrokerBanker.com's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HT POWERBROKERS, INC. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HT POWERBROKERS, INC. cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at HT POWERBROKERS, INC.'s sole discretion, and HT POWERBROKERS, INC. may refer you to appropriate law enforcement agencies. FEES AND PAYMENTS HT POWERBROKERS, INC. reserves the right at any time to charge fees for access to portions of the BrokerBanker.com or the BrokerBanker.com as a whole. However, in no event will you be charged for access to the BrokerBanker.com unless we obtain your prior agreement to pay such charges. Thus, if at any time HT POWERBROKERS, INC. requires a fee for portions of the BrokerBanker.com that are now free (e.g., a domestic subscription fee), HT POWERBROKERS, INC. will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on BrokerBanker.com in other appropriate locations. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products that BrokerBanker.com offered for sale through the BrokerBanker.com by HT POWERBROKERS, INC. or by any other vendor or BrokerBanker.com provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the BrokerBanker.com through your account. SOFTWARE LICENSES You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the BrokerBanker.com ("Access Software"). You may not sublicense, assign or transfer any licenses granted by HT POWERBROKERS, INC., and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software. AFFILIATE PARTNER PROGRAM You shall have non-exclusive rights to have BrokerBanker.com content displayed on your website or intranet by registering for our Affiliate Partner Program as long as you display the resource buttons (FAST DIRECTORY, FAST ARTICLE & FAST AUDIO) and content we provide you unaltered. You must also register for our Affiliate Partner Program on BrokerBanker.com. We may choose to verify your registration information for accuracy at anytime and disable your access if information provided is not accurate. You agree to remove our resources from your site at anytime if we feel there is a conflict of interest. Our request will be made via phone, email or letter sent to your address supplied to us during your registration. TERMINATION HT POWERBROKERS, INC. may, in its sole discretion, terminate or suspend your access to all or part of the BrokerBanker.com for any reason, including, without limitation, breach or assignment of this Agreement. MISCELLANEOUS a. This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall only be brought in the federal or state courts located in Riverside County, California. b. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the HT POWERBROKERS, INCORPORATED’S Privacy Policy. c. Official correspondence must be sent via postal mail to: HT POWERBROKERS, INC. Attn: Broker Banker Magazine Dept. 80591 Tangelo Court Indio, CA 92201   I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.