DataCraft Technologies, LLC, an Indiana Limited Liability Company doing business as Affinity Portals Web Solutions, ("Affinity Portals" or “us”) welcomes you, our Customer (“you” or “Customer”). Affinity Portals provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at this place. In addition, when using particular Affinity Portals owned or operated services, you and Affinity Portals shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy are hereby incorporated by reference into the TOS). Affinity Portals may also offer other services that are governed by different Terms of Service.

Affinity Portals provides Customers with a portal and content management platform that allows creation of a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You will select from a list of Levels of Service and optional services that will constitute your private instance of the Affinity Portals Web Solutions portal (“portal instance”).  The unique terms of service for each Level of Service and optional service are incorporated by reference into these TOS when you initially specify or subsequently change the configuration of your portal instance.  You also understand and agree that the Service may include certain communications from Affinity Portals, such as service announcements, administrative messages and the Affinity Portals Newsletter, and that these communications are considered part of Affinity Portals membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Affinity Portals services or options, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Affinity Portals assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You understand and agree that the Service is provided contingent on the timely payment of a monthly fee. The amount of this fee is determined by your selected Level of Service and any optional services or products you have selected to include in your portal instance. The initial fees are collected at the time you register your portal instance and include all set-up charges plus fees for the first month of operation. All subsequent operating fees are collected on the corresponding day of each successive month from the date you began service and are charged to the credit card you supplied when you registered your portal.

Should you change your portal instance configuration, you will be charged any additional set-up fees and the incremental operating fees will be added to your monthly billing. In accordance with our own Security Terms (see Section 20), we do not store your credit card information on our servers.  We immediately transmit your credit card information using an encrypted protocol during the sign-up transaction to our credit card gateway supplier who stores it for us and does not allow us to see your complete information.  This supplier is a major vendor in e-commerce transactions and is compliant with the PCI Security Standards mandated by AMEX, Discover, VISA and MasterCard.  This vendor supplies and operates our recurring billing system.

In consideration of your use of the Service, you represent that you are of legal age to enter into a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or Affinity Portals has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Affinity Portals has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Affinity Portals and its affiliates.

You will receive a password and account designation upon completing the Service'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 Affinity Portals 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. Affinity Portals cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Affinity Portals, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Affinity Portals does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Affinity Portals be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an Affinity Portals official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available 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. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. 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;
11. 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, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Affinity Portals may or may not pre-screen Content, but that Affinity Portals and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Affinity Portals and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Affinity Portals or submitted to Affinity Portals, including without limitation information in Affinity Portals Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that Affinity Portals may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Affinity Portals, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Affinity Portals and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

When you register with Affinity Portals, you acknowledge that in using the Affinity Portals Service to send electronic communications (including but not limited to email, search queries, web page content, and other Internet activities), you will be causing communications to be sent through Affinity Portals' computer networks, portions of which are located in Wisconsin, Texas, Arizona, Tennessee, and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Affinity Portals' network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Affinity Portals does not claim ownership of Content you submit or make available for inclusion on the Service within your portal instance. However, with respect to Content you submit or make available for inclusion on our publicly accessible areas of the Service, you grant Affinity Portals the following worldwide, royalty-free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Affinity Portals own portal instances, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Affinity Portals portal instance to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Affinity Portals removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Affinity Portals own portal instances, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Affinity Portals removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Affinity Portals own portal instances, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service may mean those areas of the Affinity Portals network containing your portal instance.  In this case, “public” is defined by the registration rules of your portal instance.  "Publicly accessible" areas of the Service may also mean those areas of the Affinity Portals network containing an instance of an Affinity Portals portal (i.e. our support portal).  In this case, “public” is defined by the registration rules of our portal instance.  "Publicly accessible" areas of the Service may also mean those areas of the Affinity Portals network containing an instance of a third-party’s Affinity Portals portal instance.  In this case, “public” is defined by the registration rules of that portal instance.

By submitting computer code, ideas, suggestions, documents, and/or proposals ("Contributions") to Affinity Portals through its support, suggestion, or feedback web pages or other channels, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Affinity Portals is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Affinity Portals shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Affinity Portals may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Affinity Portals without any obligation of Affinity Portals to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Affinity Portals under any circumstances.

You agree to indemnify and hold Affinity Portals and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Affinity Portals ID).  You may charge a membership fee to registrants of your portal instance to cover use of the Service or access to the Service inside your portal instance.  You may also sell products of services other than the Service provided you have included our Webstore option or one of its derivatives in your portal instance configuration.

You acknowledge that Affinity Portals may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Affinity Portals' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Affinity Portals has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Affinity Portals reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Affinity Portals reserves the right to modify these general practices and limits from time to time.

You may not store personal financial information (PFI) or personal health information (PHI) on our servers.  Please refer to section 20 (Security) for the definitions of PFI and PHI.

Affinity Portals reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Affinity Portals shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Affinity Portals may, under certain circumstances and without prior notice, immediately terminate your Affinity Portals account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Affinity Portals account includes (a) removal of access to all offerings within the Service, including but not limited to Affinity Portals Mail, Affinity Portals support website, and suspension of the operation of your portal instance, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Affinity Portals' sole discretion and that Affinity Portals shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

You may terminate service at any time by notifying the billing department (billing@affinityportals.com) that you wish to do so.  Termination notice must be given at least ten (10) days prior to your next billing date. 

We do not refund unused fees for any reason.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Affinity Portals has no control over such sites and resources, you acknowledge and agree that Affinity Portals is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Affinity Portals shall not 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.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Affinity Portals, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Affinity Portals grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software in an instance of the portal running on our servers on our network; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Affinity Portals for use in accessing the Service.

Availability is defined as the ability to access Content on your portal instance from at least one computer connected to the Internet other than the server hosting your portal instance.  That one other computer must be connected to a network outside the network gateway/firewall of the facility hosting our server.  This means that even though you might not be able to access your portal instance, your portal instance is deemed to be available if anyone else can, thus relieving Affinity Portals of the duty of troubleshooting the issue.  This eliminates contention over Affinity Portals’ duty should your Internet Service Provider, or his up line providers,  be responsible for your inability to access your portal instance.

We guarantee 99.5% availability on an annual basis for all portals.  This means we are allowed to have each portal unavailable for 44 hours each year.  We use this downtime to install system updates, for unanticipated system outages, and to switch over to our failover system in the event of a major disruption to our primary service.  We will maintain a running count of downtime caused by us or our suppliers and notify you of the cause and duration of each incident.  We will announce planned outages and will never schedule them during normal business hours or known periods of peak demand.

Should we exceed our allowed downtime at the end of each portal service year, we will refund the percentage of your annual fees represented by that overage.  You must be a customer in good standing in order to receive the refund.  The running total for downtime resets on your portal service anniversary.

We operate our servers in Class A data centers.  These data centers have state-of-the-art networks and intrusion detection.  As good as they are, these capabilities cannot guarantee that intruders will not enter the network.

We operate our portals on dedicated physical servers.  Our clients are the only sites operated by our servers.  Each customer portal is run inside its own virtual domain.  The virtual domain provides a secure environment on the server.  Only your site administrator and our server administrator can access your virtual domain.  You will be issued a login id when we provision your portal so you can manage it within your virtual domain.  You will manage it using our domain management console.  All customers access the server using the domain management console.

There is only one login id that can access the server without going through the domain management console.  It is used by our system administrator and is guarded by our staff.  We use this id to keep the operating system and portal software up-to-date.  Since there is only one id that can access the server without the structure of the management console, we are confident that our servers are as safe as they can be from hackers.  However, we cannot guarantee that our security won’t be compromised in the future.

This being the case, you should use good sense when deciding what information you display on your portal site.  We will not be responsible for security breaches arising from the disclosure of personal financial information (PFI) as defined by the U.S. Graham-Leach-Bliley Act of 1999 or personal health information (PHI) as defined by the U.S. Health Insurance Portability and Accountability Act of 1996.  You should not store PFI or PHI in your portal instance database nor should you transmit it without the use of a security certificate and https: or other secure, encrypted protocol.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT AS SPECIFIED IN THE SPECIFIC TOS FOR YOUR SELECTED LEVEL OF SERVICE. AFFINITY PORTALS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. EXCEPT AS SPECIFIED IN THE SPECIFIC TOS FOR YOUR SELECTED LEVEL OF SERVICE , AFFINITY PORTALS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFFINITY PORTALS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFFINITY PORTALS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFFINITY PORTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 21 and 22 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Affinity Portals and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Affinity Portals may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

The Affinity Portals, Affinity Portals logo, and other trademarks and service marks and other Affinity Portals logos and product and service names are trademarks of Affinity Portals (the "Affinity Portals Marks"). Without Affinity Portals' prior permission, you agree not to display or use in any manner the Affinity Portals Marks.  You have permission to include the “Powered by Affinity Portals” image in the footer of any page on your portal instance web site.

Affinity Portals respects the intellectual property of others, and we ask our customers to do the same. Affinity Portals may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Affinity Portals' Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Affinity Portals' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o DataCraft Technologies, LLC d/b/a Affinity Portals Web Solutions
PO Box 42461
Indianapolis, IN  46242
By phone: (317) 536-6162
By fax: (317) 862-9308
By email: copyright@affinityportals.com

Entire Agreement. The TOS constitutes the entire agreement between you and Affinity Portals and governs your use of the Service, superseding any prior agreements between you and Affinity Portals with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Affinity Portals services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Affinity Portals shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Affinity Portals agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Indiana.

Waiver and Severability of Terms. The failure of Affinity Portals to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Please report any violations of the TOS to our Customer Care group.