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Your Compliance with this Agreement
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, MarketWatchToday may monitor your access and use of MarketWatchToday.com in accordance with MarketWatchToday's Privacy Policy.

Your Access and Use of MarketWatchToday.com
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Your access and use of MarketWatchToday.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of MarketWatchToday.com or other actions that MarketWatchToday, in its sole discretion, may elect to take. MarketWatchToday reserves the right to suspend or discontinue the availability of MarketWatchToday.com and/or any portion or feature of MarketWatchToday.com at any time in its sole discretion and without prior notice.

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You shall not transmit, submit or post the following to www.MarketWatchToday.com:

• information that infringes MarketWatchToday's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
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MarketWatchToday's Intellectual Property Rights
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The information, advice, data, software and content viewable on, contained in, or downloadable from, MarketWatchToday.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, MarketWatchToday or its Content suppliers. MarketWatchToday also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on MarketWatchToday.com (the "Software") is the property of MarketWatchToday or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of MarketWatchToday's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by MarketWatchToday or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content
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You may not use any META tags or any other "hidden text" utilizing MarketWatchToday's name or trademarks without the express written permission of MarketWatchToday, which permission may be withheld in MarketWatchToday's sole discretion.

Access and Interference
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Electronic Communications
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Your Responsibility for Equipment and Related Costs
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Third Party Links
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MarketWatchToday Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MarketWatchToday.com ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. MarketWatchToday MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MarketWatchToday.com OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH MarketWatchToday.com. YOU EXPRESSLY AGREE THAT YOUR USE OF MarketWatchToday.com AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH MarketWatchToday.com IS AT YOUR SOLE RISK.

MarketWatchToday DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH MarketWatchToday.com, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH MarketWatchToday.com. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH MarketWatchToday.com. MarketWatchToday MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM MarketWatchToday.com IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, MarketWatchToday recommends that you obtain additional information and advice of your accountant and other financial advisers who are fully aware of your individual circumstances.

Limitations on MarketWatchToday's Liability
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Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification of MarketWatchToday
You shall defend, indemnify and hold harmless MarketWatchToday and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by MarketWatchToday; (iii) your access or use of MarketWatchToday.com; and/or (iv) access or use of MarketWatchToday.com under any password that may be issued to you.

Amendments of this Agreement
MarketWatchToday reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. MarketWatchToday's last update was July 13, 2005. Your continued access and use of MarketWatchToday.com following the posting of any such changes shall automatically be deemed your acceptance of all changes.

MarketWatchToday's Remedies
You acknowledge that MarketWatchToday may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, MarketWatchToday shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Fla., or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Fla.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING MarketWatchToday.com YOU CONSENT TO THESE RESTRICTIONS.

You and MarketWatchToday shall select the arbitrator, and if you and MarketWatchToday are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MarketWatchToday, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Fla.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and MarketWatchToday and your and MarketWatchToday's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or MarketWatchToday be entitled to punitive damages and both you and MarketWatchToday hereby waive your and MarketWatchToday's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by MarketWatchToday from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and MarketWatchToday's Privacy Policy located at the URL Privacy represent the entire understanding and agreement between you and MarketWatchToday regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns o feedback regarding this Agreement or MarketWatchToday.com, please contact us via any of the methods set forth below:

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