Effective Date: November 11, 2004
Last Updated: September 11, 2005

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE MY4CLOSURES.COM SERVICES.

This Web site, including all of its features and content (the “Web Site”) is a service made available by My4closures.com, a division of Market Earning, LLC or its affiliates (“Provider”) and all content, information, services and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). For questions regarding this agreement, please contact us by email to legalnotice@my4closures.com or by mail to P.O. Box 31295 Mesa, AZ 85275.

TERM OF CONTRACT:

This contract shall be EXTENDED AUTOMATICALLY at the then subscribed rates and frequency unless you terminate this contract. You may terminate contract one of five ways: 1) by e-mail to a customer service e-mail address provided on the My4closures.com Web Site at least five (5) days prior to the end of the then current monthly term; 2) by telephone to a customer service representative via a telephone number provided on the My4closures.com Web Site at least five (5) days prior to the end of the then current monthly term; 3) by selecting the "Delete My Account" option under the account administration section of the SUBSCRIBER'S online account up to the final day of the then current monthly term; or 4) by written notice to My4closures.com by certified mail at least ten (10) days notice prior to the end of the then current monthly term or any renewal thereof at: My4closures.com P.O. Box 31295, Mesa, AZ 85275. Termination of contract is effective when you receive a confirmation message from My4closures.com one of two ways: 1) by e-mail; 2) by telephone.

BILLING AND PAYMENT:

For any such offered free trial, you agree to pay the Subscription Fee set forth on the welcome email received after signup and after the expiration of the free trial, also outlined and explicitly identified in the welcome email. Other charges as set forth are payable in arrears. The Subscription Fee is NON-REFUNDABLE and accrues until cancelled whether or not you access the database or request or obtain reports. Because a free trial is offered for this service, you may use the services of My4closures.com for a period of time for evaluation. It is your responsibility to cancel prior to the expiration date outlined in the welcome email you received after signup. Your first month's Subscription fee will be effective the date of the processing of the credit card charge outlined in the email received after signup. My4closures.com reserves the right to exclude you from access to the My4closures.com System or cancel your contract at any time where your account becomes delinquent until you bring its account current by paying any overdue subscription fee expenses.

FURTHER TERMS:

1. Web Site Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
   
   
2. Limitations on Use. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5. Provider has registered its database and program with the United States Copyright Office in accordance with the terms of Literary Works and avails itself of the protections under this Copyright. Provider reserves the right to remove any Content that allegedly infringes another person's copyright. Provider will terminate, in appropriate circumstances, subscribers and account holders of the Provider's system or network who are repeat infringers of another person’s copyright and may do so without notice or refund. Notices to Provider regarding any alleged copyright infringement should be directed to My4closures.com Office at P.O. Box 31295, Mesa, AZ 85275, Attn.: legalnotice@my4closures.com.
6. Linking to this Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to legalnotice@my4closures.com and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at legalnotice@my4closures.com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.
7. License of Your Content to Provider. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
8. No Solicitation. You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
9. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
10. Registration and Subscription. Certain sections of this Web Site require you to register or subscribe. If registration or subscription is requested, you agree to provide Provider with accurate and complete registration or subscription information. It is your responsibility to inform Provider of any changes to that information. Each registration or subscription is for a single individual only, unless specifically designated otherwise on the registration or subscription page. Provider does not permit a) anyone other than you to use the sections requiring registration or subscription by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing legalnotice@my4closures.com.
11. Postings in interactive areas of the Web Site.
1. Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without permission from you.
2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
3. No Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing Provider reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
4. Non-Commercial Use only of Interactive Areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of the Provider. Any unauthorized use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.
12. Errors and Corrections. Provider does not represent or warrant that this Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
13. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
14. Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
15. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
16. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
17. Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.
18. Third Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
19. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
20. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.
21. Privacy. Your use of this Web Site is subject to Provider’s Privacy Policy.
22. Additional Terms for My4closures.com Services. Your use of the My4closures.com online services, and other related materials (“My4closures.com Services”) is also governed by the General Terms and Conditions for Use of the My4closures.com Services (collectively the "My4closures.com Services Terms") which is provided during the registration process for these My4closures.com Services, all of which are incorporated by reference herein. Your completion of the My4closures.com Services registration process constitutes your acceptance of the My4closures.com Services Terms. If you do not agree with any My4closures.com Services Terms, you are not permitted to access the My4closures.com Services.
23. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web Site, the Privacy Policy and the My4closures.com Services Terms and constitute the entire agreement with respect to access to and use of this Web Site and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the My4closures.com Services Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider's Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the "Otherwise Covered Content"), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.
24. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.