Terms of Use Agreement

Mezabytes (www.mezabytes.com) is an Applied Investment Research, Inc. property.  Applied Investment Research, Inc. maintains this web site (www.mezabytes.com) as a service to its customers. By using this web site you are agreeing to comply with and be bound by the following Terms of Use Agreement.  Please review it carefully.  If you do not agree to these terms, you should not review the information available on, or obtain products and / or services from, this web site.

1. Acceptance of Agreement.  You agree to the terms and conditions outlined in this Terms of Use Agreement with respect to this web site. This Agreement constitutes the entire and only agreement between Applied Investment Research, Inc. and you.  It supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this web site, its content and products or services provided by or through it.  This Agreement may be amended at any time by Applied Investment Research, Inc. without specific notice. The latest Agreement will be posted on the web site, and you should review the agreement prior to using it.

2. Communications available through Applied Investment Research, Inc. and this web site are for informational purposes only. APPLIED INVESTMENT RESEARCH, INC. AND ITS EMPLOYEES ARE NOT INVESTMENT ADVISORS.  SINCE THE INFORMATION AVAILABLE THROUGH THIS WEB SITE DOES NOT TAKE INTO CONSIDERATION FACTORS RELATED TO ANY INDIVIDUAL'S OR INSTITUTION'S INVESTMENT PROFILE, INCLUDING BUT NOT LIMITED TO RETURN REQUIREMENTS, RISK TOLERANCES, LIQUIDITY NEEDS, TIME HORIZONS, TAX STATUS', LEGAL STATUS', AND OTHER SPECIAL OR UNIQUE NEEDS, IT CANNOT BE CONSTRUED AS INVESTMENT ADVICE.

3. Past Performance.  PAST INVESTMENT PERFORMANCE REFERENCED THROUGH APPLIED INVESTMENT RESEARCH'S COMMUNICATIONS IS NOT AN INDICATION OF FUTURE PERFORMANCE.

4. Disclosure of Conflicts.  YOU AGREE AND UNDERSTAND THAT, AS A MATTER OF POLICY, APPLIED INVESTMENT RESEARCH AND / OR ITS EMPLOYEES MAY PLACE TRADES AND HOLD OR INTEND TO HOLD BOTH LONG AND / OR SHORT POSITIONS IN THE SECURITIES RELATED TO THE COMPANIES AND STRATEGIES REFERENCED THROUGH THIS WEB SITE.

5. Copyright.  Except as otherwise indicated, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the web site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, unauthorized redistribution, use or publication by you of any such matters or any part of the web site is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through the web site.  Applied Investment Research's posting of information or materials on the web sites does not constitute a waiver of any right in such information and materials.

6. Trademarks. "Applied Investment Research", "Mezabytes", "The Financial Idea Engine", "mCMX", "mMNY", "mBNZ" and "mSTX" are Applied Investment Research's trademarks.  Other product and company names mentioned on the web site are or may be trademarks or registered trademarks of their respective owners.

7. Limited Right to Use.  The viewing, printing or downloading of any content, graphic, form or document from the web site grants you only a limited, nonexclusive license for use solely by you for your own personal non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.

8. Editing, Deleting and Modification.   Applied Investment Research reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the web site.

9. Indemnification.   You agree to indemnify, defend and hold Applied Investment Research, Inc. and its partners, attorneys, staff and affiliates (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of this Agreement or use of the web site.

10. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE WEB SITE IS PROVIDED AS-IS, AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPLIED INVESTMENT RESEARCH AND YOU. THIS SITE AND THE RELATED INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLIED INVESTMENT RESEARCH THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONIBILITY OR LIABILITY FOR ANY DAMAGES CASUED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. APPLIED INVESTMENT RESEARCH WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE ITS SITE. APPLIED INVESTMENT RESEARCH'S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY PRODUCTS, SERVICES OR INFORMATION

11. Use of Information.  Applied Investment Research reserves the right, and you authorize Applied Investment Research, to the use and assignment of all information regarding web site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Third-Party Services.   From time to time Applied Investment Research advertises third-party merchant sites (Merchants) from which you may purchase certain goods or services. You understand that Applied Investment Research does not operate or control the products or services offered by Merchants.  Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Applied Investment Research is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY APPLIED INVESTMENT RESEARCH, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  UNDER NO CIRCUMSTANCES IS APPLIED INVESTMENT RESEARCH LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO ITS SITES.

13. Third-Party Merchant Policies.  All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites.  Applied Investment Research is not responsible for information provided by you to Merchants.  Applied Investment Research and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

14. Privacy Policy.   Applied Investment Research's Privacy Policy, as it may change from time to time, is a part of this Agreement.

15. Securities Laws.   This web site may include statements concerning Applied Investment Research's operations, prospects, strategies, financial condition, future economic performance and demand for its products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond the Company's control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "may," "intends," "could," "potentially," and other similar or related expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The site and the information contained therein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained therein is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.

16. Links to other Web Sites.  The web site contains links to other web sites. Applied Investment Research is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Applied Investment Research. Inclusion of any linked Web site on this site does not imply approval or endorsement of the linked Web site by Applied Investment Research. If you decide to leave Applied Investment Research's site and access these third-party sites, you do so at your own risk.

17. Copyrights Violations.  Applied Investment Research respects the intellectual property of others, and asks you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Applied Investment Research via email, and we will provide you with additional instructions to resolve your concerns.

18. Information and Announcements. This web site may contain information and announcements about Applied Investment Research and its employees. While this information is believed to be accurate as of the date prepared, The Company disclaims any duty or obligation to update this information or any announcements. Information about companies other than Applied Investment Research contained in the announcements or otherwise, should not be relied upon as being provided or endorsed by Applied Investment Research.

19. Miscellaneous.  This Agreement shall be treated as though it were executed and performed in Mecklenburg County, North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles). Any cause of action by you with respect to the web site (and / or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Applied Investment Research's Terms of Use Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Mecklenburg County, North Carolina. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Company's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.