Terms and Conditions

The following Terms and Conditions govern your use of the Aptus Communications Inc. (“Aptus”) Web site and the materials accessible on or from the site. Please read them carefully before entering the site, and refer to them as necessary as you explore the Aptus Web Site. Your use of the site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the Aptus Web site.

1. Confidentiality. Aptus discourages you from sending us any information that you consider to be confidential or proprietary through this Web site. Please note that if you do send us any such information or material, Aptus will assume it is not confidential. By sending Aptus information or material, you grant Aptus an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Aptus is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

2. Aptus Ownership Information. The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of Aptus Communications Inc. and/or its suppliers and is protected under Canadian, US and worldwide copyright laws and treaty provisions. Aptus grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of Aptus products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with permission of Aptus Communications Inc.

Any software which you download from the Aptus Web Site is governed exclusively by the license terms below or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.

Aptus’s trademarks may be used publicly only with permission from Aptus and proper acknowledgement. All other trademarks, brands, and names are the property of their respective owners.

Except as expressly granted in this section (or to you specifically in writing), Aptus and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

3. Disclaimers. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED “AS IS,” AND APTUS EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL APTUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR SOFTWARE PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS OR LOSS OF GOODWILL.

SIMULATIONS AND BACK-TESTS RELY ON DATA PROVIDED BY THIRD-PARTY SOURCES AND MAY OR MAY NOT BE ACCURATE. APTUS MAKES EVERY ATTEMPT TO PRESENT FACTUAL REPRESENTATIONS BUT IS NOT RESPONSIBLE FOR ERRORS, OMMISSIONS, OR INACCURATE DATA. SIMULATION RESULTS MAY OR MAY NOT BE AFFECTED BY CALCULATION SETTINGS AND ADJUSTMENTS IN THE PARAMETERS OF THE SOFTWARE ITSELF.

All statements and expressions are the sole opinions of the author and are subject to change without notice. This information is neither an offer nor solicitation to buy or sell any securities mentioned. While we believe all sources of information to be factual and reliable, in no way do we represent or guarantee the accuracy thereof, nor the statements made herein. The author, members of the author’s family, and/or entities with which they are affiliated, may own stock in and have other financial dealings with the companies who appear on this site. To that degree, this site should not be regarded to be an independent publication.

Aptus Communications Inc. is not a registered investment advisor, and does not provide investment advice. Neither the software, nor any demonstration of its operation should be construed as an investment recommendation or an offer to buy or sell securities.

Automatic Investor is distributed with multiple models from which to choose and the software enables the user to develop additional models, allowing for many different possible model alternatives. All users must determine which models and/or securities to use with the software.

Our demonstrations and support personnel are strictly limited to instructions relating to the operation and use of the software.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN DUE DILIGENCE BEFORE INVESTING IN ANY SECURITIES MENTIONED. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK.

We encourage you to use caution when investing and educate yourself at the web sites of the Securities and Exchange Commission (“SEC”) at http://www.sec.gov and/or the National Association of Securities Dealers (“NASD”) at http://www.nasd.com. We also strongly recommend that you read the SEC advisory to investors concerning Internet Stock Fraud, which can be found at http://www.sec.gov/consumer/cyberfr.htm. You can review all public filings by companies at the SEC’s EDGAR page. The NASD has published information on how to invest carefully at its web site.

Although Aptus has attempted to provide accurate information on this Web site as a service to its users, Aptus assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Aptus may change the programs or products mentioned at any time without notice. Mention of non-Aptus products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Any claims relating to the materials or the Web site will be governed by the laws of Canada and its provinces and is deemed entered into at Vancouver, British Columbia by both parties.

4. Restricted Rights. All materials and software downloaded from this Web site are provided with “RESTRICTED RIGHTS.”

5. Forward Looking Statements. This Web site may contain forward-looking statements. Actual results may vary materially.

6. Privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why we have put in place a Privacy Policy to protect your personal information. You should review this document before providing any personal data on the Aptus site. Please read our Privacy Policy.

7. Third-Party Statements on Aptus Web Site; Links. Aptus may, but is not obligated to, monitor or review statements made by third parties on Aptus’s Web site. Users or other third parties may post statements or information on some portions of the Aptus site from time to time. Aptus makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. Aptus expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to Web sites maintained by other companies, individuals or agencies which are provided as a convenience to Aptus users. These linked sites are not under the control of Aputs, and Aptus is not responsible for the accuracy of information on such sites. Aptus does not monitor or review the content of such third party sites and therefore advises you that your access by link to third-party sites is at your own risk.

8. Applicable Laws. This Web site originates from and is maintained in Canada or the United States of America, and Aptus makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all Canadian and U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. Users who access the Web Site from outside of the Canada or the United States do so at their own risk and are responsible for compliance with applicable local country laws.

9. Limitations on Use. Aptus may revise these Terms and Conditions at any time. Revisions will be posted on this “Terms and Conditions” page and users are responsible for reviewing the page from time to time to ensure compliance. If Aptus makes a request to you to stop using Aptus Partner Access and/or to promptly return or destroy any copies of the information provided on this Web site, you will comply immediately with this request and will confirm in writing to Aptus.

10. CUSTOMER LICENSE AGREEMENT. Aptus Communications Inc. (“Aptus”) thanks you for selecting one of our products for your computer. This is the Automatic Investor Customer License Agreement, which describes Automatic Investor’s license terms. – PLEASE READ THIS NOTICE CAREFULLY – DO NOT DOWNLOAD OR USE THE SOFTWARE UNTIL YOU HAVE READ THE LICENSE AGREEMENT. BY ACCEPTING TO DOWNLOAD OR TO USE THIS SOFTWARE, APTUS WILL ASSUME THAT YOU HAVE AGREED TO BE BOUND BY THIS STANDARD AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, YOU MUST REMOVE ALL OF THE SOFTWARE FROM YOUR COMPUTER AND DESTROY ANY COPIES OF THE SOFTWARE OR RETURN THE PACKAGE UNUSED TO THE PARTY FROM WHOM YOU RECEIVED IT.

GRANT OF LICENSE. Aptus grants to you and you accept a license to use the programs and related materials (“Software”) delivered with this License Agreement. This Software is licensed for use on one computer only. Once the Software is installed on one computer, it may not be uninstalled from that computer and then installed on a different computer except to make one (1) backup copy. The Software should never be installed on the hard drive of more than one computer. If the Software is installed on a network hard drive, access must be restricted to a singularly identified user. You agree that you will not transfer or sublicense these rights. If you use the Software on more than one computer at a time, you must license additional copies or request a multi-user license from Aptus.

TERM. This License Agreement is effective from the day you receive the Software, and continues until you return the original magnetic media (if applicable) and all copies of the Software to Aptus. Aptus shall have the right to terminate this license if you violate any of its provisions. Aptus or its licensors own all right, title, and interest including all worldwide copyrights, in the Software and all copies of the Software.

YOUR AGREEMENT. You agree not to transfer the Software in any form to any party without the prior written consent of Aptus. You further agree not to copy the Software in whole or in part, except for backup copies, unless Aptus consents in writing. Each of these copies must have a label placed on the magnetic media showing the program name, copyright, and trademark designation in the same form as the original Software. You will use your best efforts and take all reasonable steps to protect the Software from unauthorized reproduction, publication, disclosure, or distribution, and you agree not to disassemble, decompile, reverse engineer, or transmit the Software in any form or by any means. You understand that the unauthorized reproduction of the Software and/or transfer of any copy may be a serious crime, as well as subjecting you to damages and attorney fees.

UPDATES. Aptus will do its best to notify you of subsequent updates released to the public or major corrections and the price for which they may be obtained, PROVIDED YOU HAVE REGISTERED. All updates and corrections which are provided to you shall become part of the Software and be governed by the terms of this license agreement.

MISCELLANEOUS. This is the only agreement between you and Aptus and it cannot and shall not be modified by purchase orders, advertising or other representations of anyone, unless a written amendment has been signed by one of our company officers. This License Agreement shall be governed by the laws of Canada and its provinces, and is deemed entered into at Vancouver, British Columbia by both parties.