Terms & Conditions

Important: You are required to read these Terms and Conditions before accessing the DailyAccess Corporation© Web site (the "Site"). By accessing the Site, you confirm your understanding of and agree with DailyAccess Corporation ("we", "us", or "our") to be bound by the following Terms and Conditions, and request access to the Site. If you do not agree to these Terms and Conditions, do not access this Site. If you have any questions regarding these Terms and Conditions or the Site, please contact us. These Terms and Conditions were most recently revised on 07-12-2001.

Financial Information

Information accessible through the Site has been independently obtained by financial markets information services, various securities markets, such as stock exchanges and their affiliates, publishers, and others (collectively, the "Information Providers") through sources believed by the Information Providers to be reliable.

We do not independently verify any of this information, and the accuracy, completeness, timeliness and correct sequencing of such information is not guaranteed by us, the Information Providers or any parties transmitting the information (the "Information Transmitters"). All information on the Site is provided "AS IS", including, without limitation, graphics, text and links to other sites. There may be delays, omissions or inaccuracies in the information. Information may be changed or updated without notice.

None of DailyAccess Corporation, the Information Providers or the Information Transmitters shall have any liability, whether contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the information, or for any decision made or action taken by you in reliance upon the information or the Site, or for interruption of any data, information or access to the Site.

No Advice

Neither the Site nor any of the Content is intended to supply financial, tax, legal, investment or any other type of advice. Although the Site provides access to numerous recommendations about how to invest and what to buy, none of these recommendations are developed or endorsed by DailyAccess Corporation. We do not recommend any investment advisory service or product, nor do we offer any advice regarding the nature, potential value or suitability of any particular security transaction or investment strategy.

Certain information on this Site contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. You may not rely on these forward-looking statements, which speak only as of the date on which they are made. Neither we nor the Information Providers undertake any obligation to update publicly or revise any forward-looking statements.

For more complete information on any investment, please order a free prospectus and read it carefully before you invest. All orders are at your sole risk.

Content regarding various life events and financial, legal or tax concerns is provided for informational purposes only, and is not intended to be personalized advice. Please consult with your financial, investment, legal or tax advisor regarding the applicability of the Content to you or your participation in the Plan.

NO WARRANTY

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SITE, OR THE INFORMATION, CONTENT OR MATERIALS ON OR ACCESSED THROUGH THE SITE OR ANY LINKED SITE, OR THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIALS OBTAINED THROUGH OR AS A RESULT OF ANY VISIT TO THE SITE OR ANY LINKED SITE, AND WE EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF ANY TYPE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND FREEDOM FROM COMPUTER VIRUS OR OTHER DISABLING PROCEDURE OR ROUTINE.

THIS SITE AND EACH LINKED SITE ARE POSTED "AS IS" AND "AS AVAILABLE", AND NO REPRESENTATION OR WARRANTY IS MADE AS TO THE ACCURACY, ADEQUACY, SUFFICIENCY, SUITABILITY, TIMELINESS, CORRECT SEQUENCING, OR COMPLETENESS OF THE SITE OR ANY LINKED SITE, OR THE INFORMATION, PAGES OR OTHER MATERIALS INCLUDED HEREIN OR THEREIN, AND WE SHALL NOT HAVE ANY RESPONSIBILITY THEREFOR. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND FUNCTIONS ACCESSIBLE ON THIS SITE, OR ANY OTHER SITE TO WHICH WE LINK, ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL DAILYACCESS CORPORATION,THE INFORMATION PROVIDERS OR THE INFORMATION TRANSMITTERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE) RELATING TO THE (1) USE, PRINTING OR DISPLAY OF, OR INABILITY TO OR DELAY IN OR DIFFICULTY IN USING, PRINTING OR DISPLAYING, ALL OR ANY PORTION OF THIS SITE OR ANY LINKED SITE BY YOU OR ANY OTHER PERSON, OR (2) ANY FAILURE OR DELAY OR ERROR IN CONTENT, OPERATION, TRANSMISSION OR PERFORMANCE, WHETHER CAUSED BY SYSTEM FAILURE, INCOMPATIBILITY, VIRUS OR OTHER DISABLING PROCEDURE OR ROUTINE, OR OTHERWISE, OR (3) ANY OTHER DAMAGE, LOSS OR PROBLEM DUE TO ANY CAUSE BEYOND OUR CONTROL. EVEN IF WE THE INFORMATION PROVIDERS OR THE INFORMATION TRANSMITTERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LOSSES.

Not in limitation of the foregoing, none of DailyAccess Corporation, the Information Providers or the Information Transmitters shall be liable for any loss resulting from a cause over which such entity does not have direct control, including, without limitation, Acts of God, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes and strikes or other labor problems. This limitation on liability includes, without limitation, the transmission of any virus or other disabling procedure or routine, which may infect a user's software or equipment. We cannot and do not guarantee continuous, uninterrupted or secure access to the Site.

Linked Sites

This Site contains links to other Web sites and other Web sites may link to the Site. Once you leave the Site, whether by using a link that is provided on the Site for your convenience or otherwise, we will have no responsibility or liability for the content, products, and/or services accessible through any other Web site. We do not control, endorse, promote or have any affiliation with any other Web site other than our sites located at www.interakt.com and www.connekt.com. We reserve the right to disable any unauthorized links or frames. Access to any other Web sites linked to the Site is at the user's own risk. Linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, security measures and other provisions or measures that differ from those provided on the Site. We are not responsible for such provisions or measures, and expressly disclaim any and all liability related to such provisions or measures.

Software Browsers and Data Transmission

Unsecure transmission of data on the Internet, including e-mail and personal financial data, may be accessed by unauthorized third parties. To minimize the risk of unauthorized access you need to use "browser" software produced by third parties that supports the Secure Socket Layer (SSL) protocol and follow our log-on procedures with respect to areas of the site that employ SSL protocols. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such "browser" software or for any compromise of data transmitted across the Internet.

Ownership and Use of Content

All of the information and content on this Site, including, without limitation, all text, graphics, software applications, user interface designs, logos, photographs, overall design and each design element (the "Content") is our property, or the property of the Information Providers or our third party contractors, and is protected by copyright under both United States and foreign laws, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyrights, trademark and proprietary notices.

All software, forms, manuals, and accompanying documentation made available on this Site are copyrighted work of DailyAccess Corporation (DAC), or Netscape Communications Corporation, or Adobe Systems Incorporated, or its/their suppliers. Software and documentation ownership is retained by the copyright holder. Ownership is not transferred to you; rather, you are licensed to use the software and the documentation. The use of any such software or documentation is subject to the terms of a license agreement. Please read the license agreements that accompany each product and indicate your agreement to the terms prior to downloading.

No license is granted to you in the Content and no permission is granted to reproduce, retransmit, disseminate, modify, post, frame, sell, distribute, publish, broadcast, circulate or commercially exploit the Content in any manner, except as provided in this section or as otherwise expressly permitted by us or the relevant Content owners. Not in limitation of the foregoing, the Content may not be used for any unlawful purpose.

Trademarks and Service Marks

DailyAccess Corporation, DailyAccess.Com, Inc., DAILYACCESS.COM, DAILY ACCESS CONCEPTS, DAC, the DAC logo, dailyaccess, the dailyaccess logo, ACCESS K, the ACCESS K logo, ENTERPRISE K, the ENTERPRISE K logo, DISCOVERY K, the DISCOVERY K logo, TRANSAKT, the TRANSAKT logo, EXTRAKT, the EXTRAKT logo, EXAKT, the EXAKT logo, CONNEKT, the CONNEKT logo, COLLEKT, the COLLEKT logo, INTERAKT, and the INTERAKT logo are our trademarks or service marks. Netscape Navigator and the Netscape logo are Registered Trademarks of Netscape Communications Corporation. Adobe, the Adobe log, Acrobat, the Acrobat logo are Registered Trademarks of Adobe Systems Incorporated. Other proprietary marks may be designated as such from time to time on this Site through use of the SM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of any of our registered trademarks, service marks or other proprietary marks.

Computer Programs

The computer programs and documentation available on this Site are "commercial items", as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). All United States government end users acquire the computer program and documentation with only those rights consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202.

Computer programs available on this Site may be subject to United States export controls. No computer program available on this Site may be downloaded or otherwise exported to re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals (31 C.F.R., Chap. 5 App. A, B & C) or the U.S. Commerce Department's Denied Persons List. By downloading or using any computer program available on this Site, you are agreeing to these export controls and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to defend, indemnify and hold each of us, the Information Providers and the Information Transmitters harmless from and against any and all claims, losses, liability, costs and expenses (including, without limitation, attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of these Terms and Conditions and your use of the Site.

Termination

We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, function or Content. We reserve the right to terminate, restrict or suspend your access to the Site or any portion of it in our sole discretion, without notice and without limitation, for any reason whatsoever, and we shall have no liability to you for any such termination, restriction or suspension.

E-mail Communications

The Site support service provides you with the capability to send e-mail directly to us. We may, but are not obligated to, review or retain your e-mail messages to monitor the quality of service, your compliance with these Terms and Conditions or the security or functionality of the Site.

Amendments to These Terms and Conditions; Severability

We reserve the right, in our sole discretion, to change, modify, add, or delete any of these Terms and Conditions at any time and from time to time without notice. Please check these Terms and Conditions for changes each time you visit this Site. Your continued use of this Site following the posting of changes to these Terms and Conditions will mean you accept the changes. Except as expressly varied by us in writing, these Terms and Conditions, together with the privacy policy for the Site, are all of the terms and conditions governing your access to and the use of this Site. These Terms and Conditions can be accessed from the link at the bottom of each page of the Site. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

Governing Law; Forum Selection and Venue

You acknowledge that the Site is administered from Mobile County, Alabama. These Terms and Conditions and performance hereunder will be governed by and construed in accordance with the laws of the State of Alabama. You and we agree that for any dispute arising out of or in connection with your access to and use of this Site and/or any linked site, proper venue and jurisdiction will exist in the courts of competent jurisdiction located in Mobile County, Alabama. You consent to the non-exclusive jurisdiction of such courts and specifically waive any objection to such venue or jurisdiction.

Arbitration of Disputes and Jury Trial Waiver

You and we agree that your access to and use of this Site and/or any linked site involve "commerce" under the Federal Arbitration Act ("FAA"). ANY CONTROVERSY OR CLAIM BETWEEN YOU AND US, OR BETWEEN YOU AND ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED COMPANIES, THAT ARISES OUT OF OR IS RELATED TO THE SITE OR ANY LINKED SITE, WHETHER BASED ON CONTRACT OR IN TORT OR ANY OTHER LEGAL THEORY, INCLUDING STATUTORY CLAIMS AND CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY "CLAIM"), WILL BE SETTLED BY BINDING ARBITRATION UNDER THE FAA. EACH PARTY VOLUNTARILY WAIVES ALL RIGHTS TO TRIAL BY A JURY IN ANY DISPUTE RELATED TO THESE RULES OR TO ANY RELATED SERVICE WHETHER OR NOT THE CLAIM IS SETTLED BY ARBITRATION.

The arbitration will be administered by, at your election, either the American Arbitration Association, the National Arbitration Forum, or JAMS/ENDISPUTE under the applicable arbitration rules (the "Arbitration Rules") of the arbitration administrator you select. If you fail to select an arbitration administrator, we may do so. Upon request, we will advise you how to obtain a copy of each arbitration administrator's Arbitration Rules without charge. The Arbitration Rules contain provisions for waiving or reducing arbitration fees for financially needy individuals. Judgment on the arbitration award may be entered in any court having jurisdiction. Any question regarding whether a particular dispute is subject to arbitration will be decided by the arbitrator. The filing of a demand for arbitration in accordance with the Arbitration Rules will be deemed the commencement of an action for purposes of any applicable statute of limitations. The arbitrator shall be an experienced practicing attorney or retired judge who is knowledgeable about banking transactions. The arbitrator's award must be based on substantial evidence, and the arbitrator shall award only such relief as a court of competent jurisdiction could properly award under applicable law. All actions, statutes of limitation, defenses and attorney-client and other privileges that would apply in a court proceeding will apply in the arbitration. Claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceeding between you and us. The arbitrator may award to the prevailing party all pre- and post-award expenses of arbitration, including attorneys' fees if allowed by applicable law or agreement. These Terms and Conditions do not limit the right of you or us, whether before, during or after the pendency of any arbitration proceeding, to exercise self-help remedies, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief other than a stay of arbitration. The taking of any of the actions described in the preceding sentence by either party or the filing of a court action by a party shall not be deemed to constitute a waiver of the right to demand arbitration of any Claim asserted as a counterclaim, crossclaim, third-party claim or the like in response to any such action. This agreement to arbitrate disputes will survive your access to or use of this Site or any linked site and termination of permission for you to access any such site.