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Welcome to Physika Investments, LLC. Use of this site is subject to the terms and conditions contained in the Physika Investments Online Services Agreement (the "PIOSA") set forth below. In continuing to access or use our site, you agree to be bound by those terms and conditions within the PIOSA applicable to your use.
If you are registering for a particular Physika Investments Service, you are agreeing and acknowledging that you have read the PIOSA . If you are an existing customer, you are agreeing that you have read the latest Important Information about the PIOSA's relationship to your account agreements with Physika Investments.
The PIOSA, other online agreements, and our Web site include important disclosures and regulatory information that are associated with the Physika Investments Services. From time to time, Physika Investments may ask you to review other important disclosures or agreements about a Physika Investments Service. One example is the "My Accounts" Terms and Conditions. We refer to all of these items as "Records and Disclosures."
When you click "I agree" below, you will be consenting to electronic delivery of the PIOSA and the Records and Disclosures in HTML format.
By clicking "I agree" you will also be providing your electronic signature that will affirm:
You understand and intend that the PIOSA is a legally binding agreement and the equivalent of a signed, written contract;You will use all Physika Investments Services, and our Web sites generally, in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of the PIOSA and any other applicable rules, guidelines or other conditions that govern the use of a particular Physika Investments Service as they may be amended by Physika Investments from time to time; and You understand, accept, and have received the PIOSA and its terms and conditions, and acknowledge and demonstrate that you can access the PIOSA and other Records and Disclosures on our Web site.
Please read the entire PIOSA carefully.
Physika Investments LLC ("Physika Investments," "we" or "us") operates the Physika Investments Services, either alone or in conjunction with its affiliates, agents and partners. The Physika Investments Online Services Agreement ("PIOSA" or "Agreement") applies to Physika Investments' web sites, other electronic channels as described below, and electronic content, services and tools. This includes investment tools, and other services or forums like My Accounts and Learning Center, as well as any features or content we may add in the future. We refer to all of the above as "Physika Investments Services." This Agreement applies to all Physika Investments Services regardless of the means by which you access such Physika Investments Services. Physika Investments Services may be offered on the PhysikaInvestments.com domain as well as on other Internet domains operated by our agents or alliance partners. In addition, Physika Investments Services may be available through other computer, telephonic, e-mail or wireless services or systems, including Physika Investments' proprietary software and services and any other computer, telephonic or wireless service or information system Physika Investments makes available to you, including predecessors or successors to the systems described above.
We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Physika Investments Service ("Rules and Guidelines") at the time you register for or use that Physika Investments Service. The PIOSA incorporates by reference the Rules and Guidelines of any Physika Investments Service for which you register.
Physika Investments may revise the PIOSA at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the PhysikaInvestments.com home page periodically to review the most current terms and conditions. If you have an account with Physika Investments, your customer relationship with Physika Investments is also governed by your account agreements. If there is any conflict between (1) the PIOSA and (2) your account agreements, then your account agreements will govern. Physika Investments may also offer other services from time to time that are governed by different or additional terms and conditions. Physika Investments Services are subject to any disclosures or disclaimers found within the Physika Investments Services.
For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including passwords, User Names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Physika Investments Services. Pursuant to the terms of the Physika Investments Security Guarantee if you do share this information with anyone we’ll consider their activities to have been authorized by you. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Physika Investments Service through the use of your Registration information.
Physika Investments may offer you the opportunity to personalize a Physika Investments Service or your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. For more information about these techniques, see "About Cookies." If you access Physika Investments from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.
If you believe that someone has used your Registration information to access any Physika Investments Service without your authorization, please call Physika Investments immediately at 844-749-7452.
PHYSIKA INVESTMENTS' LICENSE TO YOU
Physika Investments grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Physika Investments Services. This license is conditioned on your continued compliance with the terms and conditions in the PIOSA.
Unless otherwise indicated for a particular Physika Investments Service, any communications or material of any kind that you e-mail, post or otherwise transmit through the Physika Investments Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Physika Investments to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Physika Investments Web site or elsewhere with no liability or obligation to you. Physika Investments is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Physika Investments may use third party service providers to assist in providing certain Physika Investments Services with or without notice to you (each, a "Third Party Service Provider"). Physika Investments may also change Third Party Service Providers or may itself provide a Physika Investments Service without the assistance of such third party. You consent and authorize Physika Investments to delegate the authorizations you provide to Physika Investments to its Third Party Service Provider(s) as Physika Investments deems necessary or desirable to provide the applicable Physika Investments Service to you. You agree that the terms and conditions of the PIOSA, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the PIOSA, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to "Physika Investments" within the PIOSA and any incorporated terms are also deemed to include, where applicable, Physika Investments' agents, such as the Third Party Service Providers.
You agree to accept all communications from us regarding use of the Physika Investments Services at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the "Update User Information" link associated with each Physika Investments Service. Physika Investments is entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time to time, we would like to send you information about Physika Investments products and services. If you register for a Physika Investments Service, you are granting Physika Investments permission to communicate with you by e-mail. You can opt not to receive such information from us in the future by following the instructions in any e-mail that we send to you.
You agree to be bound by any affirmation, assent, or agreement you transmit through the Physika Investments Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
The following requirements apply to your use of all Physika Investments Services:
You will not use any electronic communication feature of a Physika Investments Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You will not collect or store personal data about other users. You will not use any Physika Investments Service for any commercial purpose not expressly approved by Physika Investments in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including, without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication. You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
We may make available to you through one or more Physika Investments Services a broad range of financial information that we obtain from Third Party Service Providers. This includes financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as "Market Information." Physika Investments does not endorse or approve Market Information, and we make it available to you only as a service and convenience. Physika Investments and our Third Party Service Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (2) warrant any results from your use or reliance on Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Physika Investments nor the Third Party Service Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Physika Investments nor the Third Party Service Providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Physika Investments to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use Market Information provided by Physika Investments for any purpose related to your business.
The Physika Investments Services and content (including Market Information) are for information, education, and entertainment purposes only. Although Physika Investments Services may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools or other content available through any Physika Investments Service as legal, tax, investment, financial or other advice. Nothing contained in any Physika Investments Service or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by Physika Investments or a Third Party Service Provider to buy or sell any securities or other financial instruments.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Physika Investments Service before making any decisions based on Market Information or content contained in a Physika Investments Service. In exchange for using Physika Investments Services, you agree not to hold Physika Investments or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Physika Investments Service.
With the exception of applications commonly known as Web Browser software, or other applications formally promoted, endorsed or approved by Physika Investments in writing, you agree not to use any software, program, application or any other device to access or log on to any Physika Investments Service, including Physika Investments' computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any Physika Investments Service, including Physika Investments' computer systems, Web site or proprietary software.
Physika Investments and/or its employees or directors as well as its affiliates, consultants and Third Party Service Providers may have clients with positions in securities or companies referenced in Market Information and may, as principal or agent, buy from or sell to customers. From time to time, Physika Investments may perform investment banking or other services for, or solicit such services from, companies mentioned in Market Information. From time to time, Physika Investments or a Third Party Service Provider may be unable to provide Market Information with respect to certain companies with which Physika Investments or the Third Party Service Provider or their affiliates have certain business relationships.
Electronic (including wired and wireless) communications through the Physika Investments Services may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Physika Investments or between you and other parties.
Physika Investments, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We and our Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with the PIOSA, the security of the Physika Investments Services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Physika Investments or its Third Party Service Providers monitor your Communications and enforce or fail to enforce the Rules and Guidelines of any Physika Investments Service and the terms of the PIOSA. In no event will Physika Investments or its Third Party Service Providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.
Physika Investments may make available links from a Physika Investments Service to other, third party sites or electronic services providers that are not affiliated with Physika Investments. Physika Investments does not control these other sites or services, and Physika Investments makes no representations or endorsements whatsoever concerning those sites or services. The fact that Physika Investments has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Physika Investments cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Physika Investments liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
ALTHOUGH PHYSIKA INVESTMENTS TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS PHYSIKA INVESTMENT SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. PHYSIKA INVESTMENTS RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE PHYSIKA INVESTMENTS SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." PHYSIKA INVESTMENTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE PHYSIKA INVESTMENTS SERVICES. PHYSIKA INVESTMENTS PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. PHYSIKA INVESTMENTS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE PHYSIKA INVESTMENTS SERVICES. PHYSIKA INVESTMENTS MAY CHANGE INFORMATION CONTAINED IN THE PHYSIKA INVESTMENTS SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE PHYSIKA INVESTMENTS SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE PHYSIKA INVESTMENTS SERVICES.
FURTHER, PHYSIKA INVESTMENTS MAKES NO WARRANTIES REGARDING THE PHYSIKA INVESTMENTS SERVICES. PHYSIKA INVESTMENTS AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PHYSIKA INVESTMENTS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHYSIKA INVESTMENTS OR THROUGH OR FROM THE PHYSIKA INVESTMENTS SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE TO INDEMNIFY AND HOLD PHYSIKA INVESTMENTS AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PHYSIKA INVESTMENTS OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PHYSIKA INVESTMENTS SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PHYSIKA INVESTMENTS, LLC OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A PHYSIKA INVESTMENTS SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY PHYSIKA INVESTMENTS. PHYSIKA INVESTMENTS AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF PHYSIKA INVESTMENTS OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PHYSIKA INVESTMENTS SERVICES; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PHYSIKA INVESTMENTS SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE PHYSIKA INVESTMENTS SERVICES; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE PHYSIKA INVESTMENTS SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD PHYSIKA INVESTMENTS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE PHYSIKA INVESTMENTS SERVICES.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Physika Investments and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail, then you expressly agree that under no circumstances will the total, aggregate liability of Physika Investments and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
Except as otherwise permitted by Physika Investments, no materials from the Physika Investments Services or any site owned, operated, licensed or controlled by Physika Investments may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Physika Investments Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Physika Investments Services for public or commercial purposes, including any text, images, audio, or video without Physika Investments' written permission.
The Physika Investments Services are owned by Physika Investments or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Physika Investments or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Physika Investments. Nothing contained in the Physika Investments Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Physika Investments Services without the written permission of Physika Investments or such third party that may own the trademarks displayed on the Physika Investments Services. Your use of the trademarks displayed on the Physika Investments Services, or any other content in the Physika Investments Services, except as provided herein, is strictly prohibited.
Images displayed through the Physika Investments Services are either the property of, or used with permission by, Physika Investments. You are prohibited from using or authorizing the use of these images unless specifically permitted under the PIOSA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Physika Investments has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.
Physika Investments reserves the right to modify or discontinue, temporarily or permanently, a Physika Investments Service (or any part thereof) with or without notice. You agree that Physika Investments will not be liable to you or to any third party for any modification, suspension or discontinuance of a Physika Investments Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a Physika Investments Service being canceled. The license granted under the PIOSA will terminate if Physika Investments believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the PIOSA and all Rules and Guidelines for each Physika Investments Service. Upon such violation, you agree to terminate access to the Physika Investments Services.
The PIOSA, and all future agreements you may enter into with Physika Investments, unless otherwise indicated on such other agreement, will be governed by the law of the State of Illinois, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Physika Investments in Illinois or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Chicago and County of Cook, Illinois. If any part of the PIOSA is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
As noted above in the Consent to Electronic Records section, by accessing or using this website you agree to be bound by the terms and conditions set forth, and you acknowledge that you have read and understood this Agreement's terms and conditions.