To the extent that the Prophet.net website contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. You agree that you shall not use or permit anyone to use the information or software provided through any Profit Offering for any unlawful or unauthorized purpose. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, distribute or disseminate any defamatory, infringing, obscene or unlawful material or information;
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
• Falsify the origin or source of software or other material contained in a file that is uploaded;
• Advertise or offer to sell any goods or services or conduct or forward surveys, contests, spam, or chain letters;
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all your communications in Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Prophet, and such communications shall not be considered reviewed, screened, or approved by Prophet. By displaying or publishing ("posting") any information, data, messages, text, graphics, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on a Forum, you hereby grant to Prophet, a non-exclusive, royalty-free, worldwide license to use, copy, modify (to the extent required for formatting purposes), publicly display, store, reproduce, transmit, and distribute such Content on and through the Phrophet.net website, including a right to sublicense the Content to Forum users to permit them to copy and use the Content for their personal use.  This license will terminate at the time you remove such Content from the website.  Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Phrophet.net servers after you have removed the Content from the website, and Prophet retains the rights to hold those copies for its records. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Phropet.net website.

You agree that Prophet may, but is not required to, monitor your postings to the Forums to comply with any necessary laws, regulations or government requests, and as reasonably necessary to protect itself and its users, and for any other legitimate business purpose. You acknowledge that we are not responsible for the contents of any message.

Prophet reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Prophet reserves the right in its discretion to deny any user access to this website or any portion thereof without notice.

You may not copy or modify Prophet's Java applets or other software, except as necessary for your personal use of the software consistent with this agreement. You may make one backup copy for archival purposes of the executable version of any software that you have purchased from Prophet, and you may use the software on multiple machines, provided that the software is not used on more than one machine at any particular time. You may not modify, reverse engineer, decompile, dissemble or otherwise attempt to access the source code of any software provided through any of the Offerings.

You may not use any "robot," "spider," "scraper," or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, without the prior written permission of Prophet.

Prophet makes reasonable efforts to ensure that the information made available through the Offerings is accurate and up-to-date. Mistakes and accidents do happen, though, so before trading, you should confirm the accuracy and timeliness of information you receive through any Prophet Offering against that provided by another source.

Prophet is a party to a license agreement with a vendor ("Vendor") pursuant to which it receives various types of market related information, including quotes, prices and other data ("Vendor Services"). Vendor receives such market information from a variety of third-party vendors. Prophet and/or its affiliates have entered into agreements with a number of third-party vendors that enable Prophet to receive the market information from Vendor. Either Prophet, Vendor, their affiliates or third-party licensors have exclusive proprietary rights in any information and software you receive in connection with any Prophet Offering.

You acknowledge that Prophet's access to the Vendor Services is subject to termination in the event that any agreement between Prophet and a provider of information or software distributed through the relevant Prophet Offering is terminated in accordance with its terms and that the such providers may have the right to terminate provision of the Vendor Services to you with or without notice; and that none of such sources, Vendor or Prophet shall have any liability in connection with such termination.

Neither Prophet nor Vendor nor their affiliates nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through or comprising any Prophets Offering, or for inconvenience, delays, interruptions, omissions or loss of the use of any Prophet Offering, nor shall Prophet or Vendor have any liability for any lost profits, trading losses, indirect, special or consequential damages, even if Prophet has been advised of the possibility of such damages or losses, and regardless of whether or not the claim for such damages is based in contract, tort, indemnity or some combination thereof, or otherwise.

Prophet makes no express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding information provided through or comprising any Prophet Offering. All Offerings, including but not limited to the data, are provided to you "as is." Although they are obtained from sources believed to be reliable, they are not guaranteed. PROPHET IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED THROUGH THE OFFERINGS OR ON THE PROPHET.NET WEBSITE. TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR THAT THE OFFERINGS WILL MEET YOUR REQUIREMENTS. THIS DISCLAIMER APPLIES TO AND IS FOR THE BENEFIT OF PROPHET, ITS PARENT, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, VENDORS, THIRD PARTIES, AND LICENSORS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROPHET BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF OR INABILITY TO USE THE OFFERINGS, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PROPHET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

You agree to indemnify and hold Prophet, its parent and their respective subsidiaries, affiliates, vendors and licensors harmless from any claim or demand, including reasonable attorneys' fees, made or threatened by any third party due to or arising out of your use of the Offerings, your violation of this User Agreement, or your violation of any rights of any third party or other person.

Prophet reserves the right to change the terms, conditions, and notices under which this website, the Forums, and the Offerings are made available from time to time, without notice. Please review this User Agreement from time to time so that you will be apprised of any changes.

If any provisions of this User Agreement are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties and the remaining provisions will remain in full force and effect. This User Agreement will be governed and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions or those of any other jurisdiction, and by using Prophet's Offerings, or any of them, you agree that any litigation or other dispute arising out of or relating to this User Agreement or Prophet's Offerings shall be brought exclusively in the courts located in Santa Clara County California, and that you consent to the personal jurisdiction of, and venue in, such courts. In the event of any dispute arising out of the subject matter of, or to enforce, this User Agreement, the prevailing party shall recover, in addition to any other damages assessed, its reasonable expenses, including attorneys' fees and costs, incurred in resolving such dispute.

Prophet is a licensed vendor of Dow Jones Indexes (including, among others, the Dow Jones Industrial Average, Transportation Average, Utility Average, and Composite Average). The distribution, display, and use of this data is regulated by Dow Jones' own terms & conditions, which are available at http://www.djindexes.com/html/tandc/indexestandcs.html.

Neither Prophet nor any Prophet Offering is an investment, legal, or tax advisor, and none of the information available through Prophet Offerings is intended to provide tax, regulatory compliance, legal or investment advice.

Nothing provided through any Prophet Offering constitutes a solicitation by Prophet of the purchase or sale of securities.

While many services at Prophet are available free of charge, we also offer premium services that require a paid subscription. Some of these subscription services offer free trials, and you may have one free trial period per service. The details of any applicable trial period are set forth http://www.prophet.net/forms/termsofuse.jsp . However, not all services offer a free trial period, and you may not have full access to the available data during the free trial period. To continue a subscription beyond the trial period, do nothing and simply continue to use the service.

Your credit card will be charged monthly for subscription services. Fees are not prorated. To change the credit card information, please visit the Account Summary page or phone 800.772.8040 (toll free) or 801.816.6080.

Some services, such as ProphetLink, will automatically reactivate your account if you resume using the service. To resume other services, please contact our support team or phone 800.772.8040 (toll free) or 801.816.6080.

If you wish to cancel a service, please contact our support team with your user name and the name of the service you wish to cancel, or phone 800.772.8040 (toll free) or 801.816.6080.

You may pay for annual subscription services by credit card or check. To make your payments by check, please call 800.772.8040 (toll free) or 801.816.6080. If you wish to cancel an annual subscription, you will be entitled to a partial refund of the fees paid, based on the current month-to-month subscription price plus an administrative surcharge of 10% of the original fees.

Subscription services offered at this web site entitle you to use the data for personal (non-corporate) use only. If you wish to use Prophet data for commercial purposes, please contact our sales team or phone 800.772.8040 (toll free) or 801.816.6080.