Gemxwave offers its Service, as described on the Gemxwave website (www.Gemxwave.com) and as published within the Service for monthly fees (the "Fees") which you will pay to Gemxwave by authorized credit card. The Fees applicable for the Service are available at www.Gemxwave.com and as published within the Service. Gemxwave reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service or the expiration of the initial trial period, if any, whichever is later, with the amount of Fees pro rated for the number of days remaining in that calendar month. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the 1st day of the month that the Service is provided. In the event you cancel the Service, Gemxwave will not refund any Fees already paid by you.

Non-Transferable Membership.

Gemxwave grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Gemxwave to you are retained.

Restrictions.

You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without Gemxwave's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.

Third Party Interaction.

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Gemxwave shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to Third Party Sites.

Gemxwave does not endorse any sites on the Internet that are linked through the Service. Gemxwave is providing these links to you only as a matter of convenience, and in no event shall Gemxwave be responsible for any content, products, or other materials on or available from such sites.

User Accounts.

A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Gemxwave. To open a user account, you or your company must complete the registration process by providing Gemxwave with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Gemxwave suspect that such information is untrue, inaccurate, not current or incomplete, Gemxwave has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.

User Responsibilities.

You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Gemxwave immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Gemxwave shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Gemxwave, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.

Account Information and Data.

Gemxwave will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that Gemxwave does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your Gemxwave account. Gemxwave may access your account, to respond to service or technical problems or as stated in this Agreement.

Payment of Fees.

Gemxwave offers its Service, as described on the Gemxwave website (www.Gemxwave.com) and as published within the Service for monthly fees (the "Fees") which you will pay to Gemxwave by authorized credit card. The Fees applicable for the Service are available at www.Gemxwave.com and as published within the Service. Gemxwave reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service, with the amount of Fees pro rated for the number of days remaining in that calendar month. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the 1st day of the month that the Service is provided. In the event you cancel the Service, Gemxwave will not refund any Fees already paid by you.

Your Gemxwave account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle.

If you believe Gemxwave has billed you incorrectly, you must contact Gemxwave no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Gemxwave's Customer Support department.

Gemxwave may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Gemxwave thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

Please remember that Gemxwave bills you immediately for an upgraded membership level you order. Your credit card will be billed every month on the same day that you initially requested extra space. If you choose to cancel your account after your card has been billed for that month, you will not be reimbursed for the days you did not use the upgraded membership.

User Conduct.

You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.

Gemxwave has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Gemxwave reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Termination.

Gemxwave, in its sole discretion, may terminate your password, account or use of the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Gemxwave at any time; however, you will not receive a refund of any portion of your fees paid to Gemxwave. Upon termination of an account, your right to use such account and the Service immediately ceases.

Privacy Policy

Cookies.

Cookies are files that your web browser places on your computer's hard drive and are used to tell us whether you have visited the Service previously. Gemxwave uses a persistent cookie to help save and retrieve usernames used on the Service. Gemxwave issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.

Proprietary Rights.

Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Gemxwave or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Gemxwave and/or other Gemxwave products and services referenced herein are either trademarks or registered trademarks of Gemxwave.

Indemnification.

You shall indemnify and hold Gemxwave and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Disclaimer of Warranties.

GEMXWAVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. GEMXWAVE DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GEMXWAVE.

ALL STATEMENTS AND EXPRESSIONS OF OPINION MADE ARE THE OPINION OF GEMXWAVE.COM AND ARE NOT MEANT TO BE A SOLICITATION OR RECOMMENDATION TO BUY, SELL OR HOLD SECURITIES. GEMXWAVE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF THE STATEMENTS MADE REGARDING THE COMPANIES OR STOCK PURCHASES MENTIONED ON THIS WEB SITE. GEMXWAVE.COM DOES NOT WARRANT THAT THE INFORMATION ON THIS WEB SITE AND KEEN.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MISTAKES REGARDING THAT INFORMATION WILL BE CORRECTED. GEMXWAVE.COM IS NOT A REGISTERED INVESTMENT ADVISOR OR BROKER DEALER. WHILE IT IS GEM-X'S GOAL TO LOCATE AND RESEARCH EQUITY INVESTMENTS IN COMPANIES THAT HAVE THE POTENTIAL FOR APPRECIATION, INVESTMENTS IN EQUITY SECURITIES ARE RISKY AND USE OF THE INFORMATION PROVIDED BY GEMXWAVE.COM IS AT THE INVESTOR'S SOLE RISK. INVESTORS SHOULD NOT RELY ON THE INFORMATION PROVIDED BY GEMXWAVE.COM. RATHER, INVESTORS SHOULD USE THE INFORMATION AS THE STARTING POINT FOR DOING ADDITIONAL INDEPENDENT RESEARCH ON THE COMPANIES MENTIONED IN ORDER TO ALLOW THE INVESTOR TO FORM HIS OR HER OWN OPINION REGARDING INVESTING IN THE COMPANIES MENTIONED. GEMXWAVE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE AND KEEN.COM LIVE ADVICE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, PROFIT OR OTHERWISE. PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION OF FUTURE PERFORMANCE. GEMXWAVE.COM MAKES NO REPRESENTATION THAT ANY ACCOUNT WILL, OR IS LIKELY TO, ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. DAY TRADING OR MOMENTUM TRADING HAS BOTH POTENTIAL RISKS AND REWARDS. TRADING STOCKS BASED ON THE INFORMATION PROVIDED BY GEMXWAVE.COM MAY NOT BE SUITABLE FOR ALL USERS OF THE INFORMATION PROVIDED ON ANY OF HIS WEB SITES OR SERVICES. YOU, THE INVESTOR, NOT GEMXWAVE.COM ASSUME THE ENTIRE RISK OF ANY TRADING THAT YOU CHOOSE TO UNDERTAKE. GEMXWAVE.COM DOES NOT GUARANTEE THE ACCURACY OR VERACITY OF ANY STATEMENTS MADE IN THE ANY OF HIS SERVICES, AND IS NOT RESPONSIBLE FOR ACTIONS TAKEN BASED ON INFORMATION PROVIDED OR STATEMENTS MADE. GEMXWAVE.COM CONTAINS "FORWARD LOOKING STATEMENTS" WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF 1933 AND SECTION 21B OF THE SECURITIES EXCHANGE ACT OF 1934. ANY STATEMENTS THAT EXPRESS OR INVOLVE DISCUSSIONS WITH RESPECT TO PREDICTIONS, EXPECTATIONS, BELIEFS, PLANS, PROJECTIONS, OBJECTIVES, GOALS, ASSUMPTIONS OR FUTURE EVENTS OR PERFORMANCE ARE NOT STATEMENTS OF HISTORICAL FACT AND MAY BE "FORWARD LOOKING STATEMENTS." FORWARD LOOKING STATEMENTS ARE BASED ON EXPECTATIONS, ESTIMATES AND PROJECTIONS AT THE TIME THE STATEMENTS ARE MADE THAT INVOLVE A NUMBER OF RISKS AND UNCERTAINTIES WHICH COULD CAUSE ACTUAL RESULTS OR EVENTS TO DIFFER MATERIALLY FROM THOSE PRESENTLY ANTICIPATED. FORWARD LOOKING STATEMENTS IN THIS ACTION MAY BE IDENTIFIED THROUGH THE USE OF WORDS SUCH AS "EXPECTS", "WILL," "ANTICIPATES," "ESTIMATES," "BELIEVES," OR STATEMENTS INDICATING CERTAIN ACTIONS "MAY," "COULD," OR "MIGHT" OCCUR. GEMXWAVE.COM WANTS TO EMPHASIZE THIS STATEMENT.

Limitation of Liability.

IN NO EVENT SHALL GEMXWAVE'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL GEMXWAVE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF GEMXWAVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Additional Rights.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control.

Gemxwave controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Gemxwave makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Modification to Terms. Gemxwave reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

General.

This Agreement will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Los Angeles, California. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Gemxwave as a result of this agreement or use of the Service. The failure of Gemxwave to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gemxwave in writing. Gemxwave has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Gemxwave and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.