ForecastWorks

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the JMLAI web site or by subscribing to the JMLAI services ("the Service") which are made available on the JMLAI web site, you agree to be bound by the Terms and Conditions of Use specified below, as they may be amended from time to time. Any reference to the "JMLAI web site" includes the Service made available on the JMLAI web site. Certain sections of these Terms and Conditions apply only if you are a subscriber of the Service (a "Subscriber"). Such terms are clearly indicated in the text of the Terms and Conditions.

JM Lafferty Associates, Inc. ("JMLAI") reserves the right to amend these Terms and Conditions at any time by emailing the amended terms to the primary subscriber contact. If you are not a Subscriber, your continued use of the JMLAI web site or the Service constitutes acceptance of the amended terms. If you are a Subscriber, JMLAI will notify you of any changes to these Terms and Conditions. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the JMLAI web site, the Service or any other terms, conditions, rules, policies, guidelines, or practices of JMLAI, your sole and exclusive remedy is to discontinue using the JMLAI web site or the Service. This exclusive remedy shall not apply to breaches of confidentiality or privacy.

Copyright Restrictions/Use of Content
The materials hosted on the JMLAI web site and provided through the Service are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized to use the content on the JMLAI web site and content provided through the Service for internal business purposes only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of these materials without the prior written consent of JMLAI, or the applicable owner(s) of such content, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes and you may print a reasonable number of pages for internal business purposes; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with JMLAI or the applicable owner of such content.

Trademarks
The terms "JM Lafferty," "Lafferty" and "JMLAI" are trademarks, and the website logo and the "JMLAI" logo and all related product and service names, designs, and slogans are the trademarks or service marks of JM Lafferty Associates, Inc. All other product and service marks on this site are the trademarks of their respective owners.

Use of JMLAI Web Site; Uploading Information
You agree to use the JMLAI web site, including the Service, only for lawful purposes. Specifically you agree not to do any of the following: (i) upload to or transmit on the JMLAI web site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the JMLAI web site to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other subscribers' use of the JMLAI web site or the Services; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; or (vii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the JMLAI web site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the JMLAI web site).

Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the JMLAI web site, and all articles and responses to questions, other than such content provided by JMLAI, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of JMLAI or independent third parties that contribute data or intellectual property to the JMLAI web site (collectively, "Intellectual Property Providers" or "IPPs") . You understand and acknowledge that you are responsible for whatever content you submit, and you, not JMLAI or its IPPs, have full responsibility for such content, including its legality, reliability, appropriateness. By uploading or otherwise transmitting material to any public area of the JMLAI web site, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the JMLAI web site. You grant to JMLAI the right to use all such content you upload or otherwise transmit to the JMLAI web site in any manner JMLAI chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it.

JMLAI reserves the right, but does not assume any responsibility, to remove from the JMLAI web site any material posted by you on the JMLAI web site which JMLAI, in its sole discretion, deems inconsistent with the foregoing commitments, including any material JMLAI has been notified, or has reason to believe, constitutes a copyright infringement. However, JMLAI can neither review all material prior to transmission on the JMLAI web site nor ensure prompt action with respect to objectionable material after it is transmitted on the JMLAI web site. Accordingly, JMLAI and its IPPs assume no liability for any action or inaction regarding transmissions, communications, or other content that is provided by users of the JMLAI web site.

Your failure to comply with the above provisions may result in the termination of your subscription to the JMLAI web site and may expose you to civil and/or criminal liability.

Content
The information contained on the JMLAI web site has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. JMLAI reserves the right at anytime and without notice to change, amend or cease publication of the information. It has been prepared solely for informative purposes. JMLAI may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Information on the JMLAI web site relies upon corporate financial data, data on or authored by securities professionals, market quotes and other data and intellectual property provided by IPPs, and is not guaranteed to be accurate, complete, or timely. Neither JMLAI nor its its IPPs shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the information, or for any decision made or action taken by you in reliance upon the information, except as follows:

Limited Liability - The entire liability of JMLAI and its IPPs, and your sole and exclusive remedy, as to any defective data shall be retransmission of the data or alleged defective portion thereof. JMLAI and its IPPs shall not be liable for any indirect, incidental, consequential, exemplary, or special damages, arising out of or in any way connected with the data or your use of or inability to use the data, even if advised of the possibility of such damages. The information is shown for your convenience only. JMLAI reserves the right to delete or modify the information, and to terminate or modify JMLAI's relationships with its IPPs, at any time without notice.

Linked sites, including without limitation sites operated by Thomson Financial and FactSet, are independent and are not owned or operated by JMLAI. Neither JMLAI nor its IPPs endorse any linked sites, nor does JMLAI or its IPPs guarantee the timeliness, accuracy, completeness, or adequacy of any information posted on the linked sites. JMLAI does not necessarily agree with any opinion, outlook, or forecast stated on any linked site. JMLAI reserves the right to terminate, modify or change the links at any time without notice.

Performance data contained on the JMLAI web site represents past performance. The investment return and principal value of an investment will fluctuate over time, and the value of any investment may be worth more or less than its original cost. Any historical performance quoted should not be viewed as representative of future performance.

No Recommendation
The JMLAI web site is provided for informational purposes only and shall not be construed to be a recommendation to buy or sell securities. Nothing on the JMLAI web site shall be considered a recommendation or solicitation to buy or an offer to sell any security. The JMLAI web site is not intended and does not provide any legal, tax, investment or securities advice. Any investment decisions you may make on the basis of any information found on the JMLAI web site is your sole responsibility.

Neither JMLAI nor its IPPs represent, warrant, endorse or guarantee any advertised products or services, and the identification or listing of products, services, links or other information on the JMLAI web site or any linked site does not constitute or imply any sponsorship, affiliation or recommendation by JMLAI or its IPPs. You assume all responsibility and risk associated with the use of the JMLAI web site, including the Service, and the Internet generally.

Disclaimer and Limitation of Liability
THE JMLAI WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. Neither JMLAI, nor its IPPs, nor any person associated therewith makes any warranty or representation with respect to the quality, accuracy or availability of the JMLAI web site. Specifically, but without limiting the foregoing, neither JMLAI, nor its IPPs nor anyone associated therewith warrants or represents that the JMLAI web site or the information provided on that web site will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the JMLAI web site or the server that makes it available are free of viruses or other harmful components; or that the JMLAI web site will otherwise meet your needs or expectations. JMLAI AND ITS IPP'S DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL JMLAI, ITS CONTRACTORS ORITS IPP'S BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE JMLAI WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM YOUR USE OF THE JMLAI WEB SITES WHETHER SUCH DAMAGES RESULT FROM DELAY OR INTERRUPTION IN SERVICE; VIRUSES; DELETION OF FILES OR ELECTRONIC COMMUNICATIONS; ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE JMLAI WEB SITE OR THE CONTENT TRANSMITTED ON THE JMLAI WEB SITE; OR ANY OTHER CAUSE. THE FOREGOING DISCLAIMERS SHALL APPLY WHETHER OR NOT THERE IS NEGLIGENCE BY JMLAI AND WHETHER OR NOT JMLAI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES, AND MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify and hold harmless JMLAI, its IPPs, affiliates, agents, merchants, licensors and others involved in the delivery of the JMLAI web site or the delivery of products, services or information over the JMLAI web site, and their respective officers, employees and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you, and in the case of Subscribers the authorized users, of this Agreement or otherwise arising out of your use of the JMLAI web site.

Privacy; Protection of Personal Information
The personally-identifiable information that you provide us in our registration process, or at other times when using the JMLAI web site, is subject to these Terms and Conditions of Use and our Privacy Policy, which is a part of these Terms and Conditions of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information which is incorporated by reference into these Terms and Conditions of Use.

Relationships
Employees of JMLAI may have relationships with investment managers listed on the JMLAI web site.

Comments and Submissions
JMLAI welcomes your comments. All comments, suggestions or other information sent by you to the JMLAI web site (other than postings to publicly available portions of this site such as message boards or chat rooms) for internal use by JMLAI or its advertisers or business partners or in response to solicitations on this site, will become JMLAI’s property, you agree that all intellectual property rights therein are transferred to JMLAI.

Compliance
This site is operated from a site in the State of Illinois, USA. JMLAI makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.

Contact
Please contact us at 312-553-0800 or e-mail us at legal@jmlafferty.com if you become aware of any content that you believe to be in violation of these Terms of Services, including without limitation, claims that any content on the JMLAI web site infringes the copyright of a third party.

Notices
Any document transmitted to a party or agreement between the parties, whether in hard copy of electronic format, shall be considered to be a "writing" or "in writing." Any such document or agreement shall be deemed for all purposes (a) to have been "signed" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. The conduct of the parties pursuant to this Agreement shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the parties in furtherance of this Agreement. The parties agree not to contest the validity or enforceability of documents or agreements under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby. Such documents or agreements, if introduced as evidence on paper in any judicial, arbitration, or other proceeding, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of electronically-transmitted documents or agreements under either the business records exception to the hearsay rule or the best evidence rule on the basis that such documents or agreements were not originated or maintained in documentary form.

Miscellaneous
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and JMLAI with respect to the JMLAI web site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the JMLAI web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the JMLAI web site shall be in the state or federal courts located in Chicago. You agree to submit to the jurisdiction of such courts.

If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.

JMLAI's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and JMLAI nor any trade practices shall be deemed to modify these Terms and Conditions.

The following sections apply only to Subscribers. If you are a Subscriber, in addition to the terms set forth above, the following terms apply to you.

Subscriber User Information
Subscribers of the Service shall provide JMLAI with complete and updated information regarding use of the Service (the "Subscriber Information"), including Subscriber's legal company (or individual) name, address, telephone number, complete billing information, and the names of each individual employed by Subscriber authorized to access the Service. JMLAI has the right to suspend or terminate access to the Service if the Subscriber Information is inaccurate, not current, or incomplete. Subscriber Information also includes all information provided by Subscriber via the Service and stored on information network servers hosted by JMLAI or by third parties on behalf of JMLAI.

JMLAI may store and use Subscriber Information, including password-protected information where necessary, for internal purposes, including confirming compliance with the Terms and Conditions of Use. Other permitted uses of Subscriber Information are provided in JMLAI's Privacy Policy.

JMLAI employs what it believes to be commercially reasonable efforts to keep Subscriber Information confidential, except as described above, and to operate and maintain the Service in a secure environment. However, Subscriber acknowledges that the Service, and use and transmission of the Subscriber Information, may not be confidential, and that the Subscriber Information may be read or intercepted by others. Subscriber agrees that no confidential, fiduciary, contractually implied or other relationship or obligation is created between Subscriber and JMLAI as a result of these Terms and Conditions of Use, or Subscriber’s use of the Service or submission of the Subscriber Information. JMLAI reserves the right to disclose Subscriber Information, in JMLAI’s reasonable discretion, pursuant to a court order or other legal process, or as necessary for compliance with legal or regulatory requirements, NASD Rules or regulations, or if such disclosure is necessary to operate the Service.

Authorized Users/Account/Payment
Only authorized Subscribers who have received passwords for access to the Service shall be permitted to use the Service. Each such user shall be assigned a "unique" password by Subscriber. A "unique" password is one that is not being used by any other user employed by Subscriber. Subscriber’s initial fees include one (1) password for an authorized user. Subscriber may increase the number of authorized users at any time by notifying JMLAI in writing and paying JMLAI’s then current fees for the additional users. JMLAI shall have the right to audit Subscriber’s use of the Service to ensure compliance with the Terms and Conditions of Use. It is Subscriber’s sole responsibility to authorize, monitor and control access to and use of the Services by the authorized users. Subscriber is solely responsible for use of the Services by it and the authorized users as well as the compliance of the authorized users with the Terms and Conditions of Use.

Authorized users will require a user ID and password to access and use the Service. Following receipt of payment, JMLAI shall provide user ID’s for Subscriber’s authorized users. Subscriber acknowledges that the use of user ID’s for authentication is an adequate form of security. Subscriber is solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of the user IDs, passwords and codes (collectively, "IDs") assigned to Subscriber or authorized users, (2) instructing authorized users to not allow another person to use their IDs, (3) any charges or damages that may be incurred as a result of the failure of Subscriber or authorized users to maintain the strict confidentiality of their IDs, and (4) promptly informing JMLAI in writing of any need to deactivate an ID due to security concerns or if an authorized user’s employment is terminated. JMLAI is not liable for and Subscriber is liable for any harm related to the theft of IDs, disclosure of IDs, or Subscriber or Subscriber’s users authorization to allow another person or entity to access and use the Service using IDs. Subscriber shall immediately notify JMLAI of any unauthorized use of Subscriber’s IDs and any breach of confidentiality.

JMLAI may discontinue or alter any aspect of the Service, including, but not limited to, (i) modifying or changing the scope of the Service; (ii) restricting access to the Service if JMLAI believes there has been a breach of these terms and conditions, including without limitation for non-payment of fees; and (iii) discontinuing or replacing certain content provided by IPPs if such content is no longer made available to JMLAI, at JMLAI's sole discretion and without prior notice or liability.

Current rates and fees for using the Service may be obtained by contacting JMLAI. Subscriber is responsible for all taxes resulting from Subscriber access to or use of the Service. All invoiced amounts are due thirty (30) days from the invoice date ("Due Date"). If JMLAI does not receive payment by the Due Date, an additional 1.5% per month, or the highest percentage permitted by law, whichever is lower, may be charged from the Due Date until payment is received by JMLAI. Subscriber shall be liable for all attorney and collection fees arising from JMLAI’s efforts to collect any unpaid balance of Subscriber’s account.