User Agreement On FundamentallyUnstable.com

As a user of the FundamentallyUnstable Web Site(s), I represent to FundamentallyUnstable that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.

As an inducement for FundamentallyUnstable to provide me with access to or permitting me to use FundamentallyUnstable Web Sites, I agree to the following terms and conditions. I understand that the Internet, electronic commerce and technology is changing rapidly and FundamentallyUnstable may address these changes by changing these terms and conditions from time to time at FundamentallyUnstable 's sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by FundamentallyUnstable. If at any time I do not agree to any term or condition of this or any revised FundamentallyUnstable web access or use agreement, I promise not to access or otherwise use any FundamentallyUnstable Web Sites. I understand that these terms and conditions apply to all FundamentallyUnstable Web Sites, including any Web Sites owned, operated or sponsored by any FundamentallyUnstable subsidiaries or affiliates. I agree that the word "Content", as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video and any other information provided from or on FundamentallyUnstable Web Sites

Purpose

FundamentallyUnstable maintains its Web Site Content for general marketing, promotional, public relations and general public information purposes. FundamentallyUnstable does not transact business or engage in transactions by way of FundamentallyUnstable Web Site Content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment or suggestions contained in any FundamentallyUnstable Web Site, no contract or binding obligation of FundamentallyUnstable of any kind may be implied, assumed or made until an authorized and empowered representative of FundamentallyUnstable reviews and accepts, in writing, any proposal, offer, order or other information submitted by the user via any FundamentallyUnstable Web Site. You agree that FundamentallyUnstable becomes legally bound to and responsible for only those promises, obligations and commitments contained in written contracts and instruments signed by such authorized and empowered representative of FundamentallyUnstable. Notwithstanding anything to the contrary contained in any FundamentallyUnstable Web Site, FundamentallyUnstable reserves the right to and may reject any information, offers, orders, suggestions, comments or other information submitted to FundamentallyUnstable via any FundamentallyUnstable Web Site.

No Permissions

FundamentallyUnstable provides its Web Site Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by FundamentallyUnstable to anyone to use or exploit any Content. If you wish to use or exploit any FundamentallyUnstable Web Site Content, you agree to contact FundamentallyUnstable in writing and to use such Content only in accordance with a written agreement with FundamentallyUnstable. If you use or exploit any FundamentallyUnstable Content without the agreement of FundamentallyUnstable, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by FundamentallyUnstable as a result of your actions or omissions.

Disclaimer

FundamentallyUnstable has no obligation to be sure that the Content of its Web Site is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the FundamentallyUnstable Web Site will be free from interruptions, errors, computer viruses or other harmful components. You understand that FundamentallyUnstable may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify its Web Site Content at any time without any notice to you

No Warranties

Web Site Content is provided by FundamentallyUnstable "AS-IS" and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE FundamentallyUnstable WEB SITES CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that under no circumstances, including, but not limited to, negligence, shall FundamentallyUnstable be liable for any direct or indirect, special, incidental or consequential damages. This includes but is not limited to loss of data or profit arising out of the use or the inability to use the Content of a FundamentallyUnstable Web Site, even if a FundamentallyUnstable representative has been advised of the possibility of your damages.

No Confidentiality And License

If you wish to provide your information to FundamentallyUnstable and you wish to retain an interest or ownership in it, you must contact FundamentallyUnstable in writing and propose to FundamentallyUnstable a commercial transaction pursuant to which you and FundamentallyUnstable agree in a written and signed agreement to an exchange of information. If you transmit to or post on the FundamentallyUnstable Web Site without any prior written Agreement with FundamentallyUnstable providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by FundamentallyUnstable for any purpose. By sending FundamentallyUnstable any information or material, you grant FundamentallyUnstable an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information. You also agree that FundamentallyUnstable is free to use any ideas, concepts, know-how or techniques that you send to FundamentallyUnstable for any purpose without any obligation to you.

No Unlawful Or Unacceptable Content Posting

You are not authorized to post on or transmit to any FundamentallyUnstable Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold FundamentallyUnstable harmless from any liability or loss.

Hyperlinks

FundamentallyUnstable may provide hyperlinks to other internet web sites maintained by third parties or may provide third party content on FundamentallyUnstable Web Site. The content in any such linked sites is not under FundamentallyUnstable control and FundamentallyUnstable is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a FundamentallyUnstable Web Site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature. By providing a link, FundamentallyUnstable does not necessarily endorse a third party or its web site. FundamentallyUnstable reserves the right to terminate a link to a third party web site at any time in its sole discretion.

Linked Internet Sites

If you wish to provide a link to a FundamentallyUnstable Web Site, you may do so under the terms and conditions of this or any future FundamentallyUnstable web access and use agreement, but: you may not use or replicate FundamentallyUnstable Content; you agree not to create a browser, border environment or frame for FundamentallyUnstable Content; you may not imply that FundamentallyUnstable is endorsing you or your products or services; you may not misrepresent your relationship with FundamentallyUnstable ; you may not present false information about FundamentallyUnstable products or services; and your linked web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold FundamentallyUnstable harmless and you agree to remove any link to FundamentallyUnstable immediately upon the request of FundamentallyUnstable.

No Representations, Legal Compliance

FundamentallyUnstable makes no representation that content or materials in a FundamentallyUnstable Web Site are appropriate or available for use outside the U.S.A. You agree to refrain from access to Content on a FundamentallyUnstable Web Site from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. We are not responsible for any law violations of law or regulation by your access or use of any Content on a FundamentallyUnstable Web Site. You must become familiar with U.S. laws and regulations on export of technical information and you agree you will not use or export Content in a FundamentallyUnstable Web Site in violation of U.S. export laws and regulations. Any claims relating to FundamentallyUnstable Web Site and its Content and materials shall be governed by the laws of the State of New Jersey, U.S.A., without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties - obligations shall be brought exclusively in a federal or state court in the State of New Jersey.

Copyrights

FundamentallyUnstable claims the copyright interest in the compilation in all the FundamentallyUnstable Web Site Content, including without limitation, the incorporated FundamentallyUnstable Web Sites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any FundamentallyUnstable Web Site and that you will indemnify and hold FundamentallyUnstable harmless. Copyright - FundamentallyUnstable Inc. 2008