Terms and Conditions of Use

The DeMarche online Web site (the “Web site”) is a service provided solely as an accommodation to the user, and is not intended to be construed as the provision of investment advice, recommendations or guidance as to investment in securities. Nothing contained in Web site constitutes a solicitation, recommendation, endorsement, or offer by DeMarche to buy or sell any securities or other financial instruments. The information contained in the Web site is solely for the private, non-corporate purposes of the user. To the extent that any information contained in or derived from the Web site is used in connection with any research, investigation, or inquiry as to any security or contemplated investment in securities, user expressly acknowledges that DeMarche has no responsibility, obligation or duty as to any resulting investment decision; each user is solely responsible for his or her own research and any resulting decision. In exchange for using the Web site, user expressly agrees not to hold DeMarche liable for any possible claim for damages arising from any decision user makes based on information made available through the Web site.

Use of the Web site constitutes an acknowledgment and consent by the user to the Terms and Conditions of use contained herein.

The information available through the use of the Web site constitutes a statistical ranking, based on historical information and other criteria. The Web site contains information and statistics that have been obtained from sources believed to be accurate, but DeMarche does not guarantee the veracity, reliability, accuracy, truthfulness or completeness of any material contained in the Web site or in any hyperlink appearing on the Web site. Further, DeMarche does not warrant any results from your use or reliance on any information available through use of the Web site. To the extent that a hyperlink appears on the Web site, such link does not constitute a representation, recommendation or assertion that the information contained on such linked site is accurate or is endorsed by DeMarche. DeMarche is not obligated to update any information or opinions contained on the Web site and may discontinue offering any information or opinions at any time without notice.

DeMarche is not liable for the termination, delay, interruption or inaccuracy of the content or transmission of the information on the Web site. DeMarche reserves the right to make changes and to update the Web site at any time without prior notice to the user. DeMarche will not be responsible for any loss or damage caused by, and user expressly disclaims any reliance on, the use of this Web site or any information contained in the Web site or any hyperlinked area. User acknowledges that his, her or its access to and use of the information is entirely at his or her own risk, and that it is the sole responsibility of the user to evaluate the accuracy, completeness and usefulness of all the information contained in the Web site.

The information provided to the user by, or contained in the Web site is solely for the user’s own internal purposes. All forms of sublicensing, reselling, republication, retransmission or other form of distribution to third parties of any of the information contained in those Web sites are strictly prohibited. If user is a securities broker, dealer, banker, or investment advisor, such user agrees not to use the information in the Web site for any purpose related to such business.

NEITHER DEMARCHE NOR ANY OF ITS INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FROM THE USE MADE OF THE INFORMATION BY ANY USER, OR ANY DECISION OR ACTION TAKEN BY THE USER BASED UPON THE INFORMATION CONTAINED IN THE WEB SITE. FURTHER, DEMARCHE EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE INTERRUPTION OR DISRUPTION OF ANY DATA, INFORMATION OR OTHER MATERIALS. THE INFORMATION AVAILABLE THROUGH THE USE OF THE WEB SITE CONSTITUTES A STATISTICAL RANKING, BASED ON HISTORICAL INFORMATION AND OTHER CRITERIA AND THE USER EXPRESSLY ACKNOWLEDGES THAT THE PAST PERFORMANCE OF ANY SECURITY OR INVESTMENT STRATEGY DOES NOT IN ANY WAY GUARANTEE OR PREDICT FUTURE PERFORMANCE OR RESULTS. NEITHER DEMARCHE NOR ANY OF ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, APPROPRIATENESS, QUALITY OR SUITABILITY OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED IN THE WEB SITE OR LISTED OR CONTAINED IN ANY OF THE HYPERLINKED SITES.

ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL DEMARCHE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE INFORMATION PROVIDED ON THE WEB SITE

Nothing in this disclaimer shall be deemed to disclaim any duty or liability that might otherwise arise in connection with any applicable federal securities law in the event that DeMarche is deemed to be acting as an investment adviser by provision of services through the Web site.