Use of Third Party Service Providers

XTF offers the opportunity to utilize certain information, services and products through the web site www.xtf.com. "Providers" refers to a provider of (i) information; or (ii) tax preparation, bill payment and account management tools (collectively the "services"). Information and services may be provided by XTF or by third parties as Providers.

Providers of information include any exchange, organization, association or group of persons, including any electronic communications network, whether incorporate or not, that maintains or provides a marketplace or such facilities and which performs functions commonly performed by a stock exchange, and which is required to disseminate information relating to securities or other financial instruments, products, vehicles or devices. "Market Data" includes quotations for securities transactions and/or last sale information for completed securities transactions reported by Providers in accordance with federal securities regulations, and all other data based upon any such information.

Each Provider has a proprietary interest in the market data that originates on or derives from it or its markets.

Market Data should be used only for your individual non-business use and should not be provided to any person or entity. XTF is authorized by, on behalf of, and for the benefit of Providers of information to take any action, receive any communication or payments, or provide notifications as required.  If, in their judgment, Providers of information or XTF determine that users of its web site have misappropriated or misused market data we may terminate your relationship with XTF and/or discontinue providing market data to you.

The Providers of information may discontinue disseminating any category of market data, change or eliminate any transmission method, and/ or change transmission speeds or other signal characteristics at any time.

Services are provided exclusively for personal and noncommercial access and use. Other than as expressly allowed by XTF, users shall not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale or the transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the services. With regard to any materials in which XTF claims a proprietary interest, users may download one copy of such materials on any single computer for personal noncommercial use, provided they keep intact all copyright and other proprietary notices.

Any feedback, questions comments, suggestions, ideas or the like sent to XTF or Providers with regard to the services or materials will be treated as being non-confidential and non-proprietary. Providers will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information.

The services and the materials are provided on an "as is", "as available" basis, and neither XTF, a Provider, nor their respective licensors, employees, distributors or agents make any representations as to the suitability of the services or the materials for any purpose. XTF, Providers, and their respective licensors, employees, distributors and agents expressly disclaim any and all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the services and the materials. In no event shall XTF, a Provider, or any of their respective licensors, employees, distributors or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind whatsoever with respect to the services or the materials, regardless of whether or not such parties have been advised of the possibility of such damages. Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply. In such states, the liability of XTF, a Provider, or their respective licensors, employees, distributors and agents is limited to the greatest extent allowable under applicable law. The user will not in any way hold XTF or any Provider responsible for any selection or retention of, or the acts or omissions of, third parties (including those contracted to operate various areas of the services) in connection with the services or the materials.

Any stock or mutual fund price quotes made available to users by access and use of the services or materials may be delayed twenty (20) minutes or longer, according to the rules and regulations applicable to exchanges and/or their applicable provider(s). XTF and each applicable Provider reserve the right, in their sole discretion, without any obligation and without any notice requirement, to improve and correct the services and the materials and suspend and/or deny access to the services and any of the materials for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

The user may have access to online conferences, telecasts or other forums (the "Forums") maintained at or through the services. By accessing, using or otherwise communicating in any manner with any third parties through the forums, users will not access or otherwise use the forums in any unlawful manner for any unlawful purpose or in violation of this Agreement. Without limitation, users shall refrain from doing any of the following:

·        Posting, transmitting, publishing, disseminating, distributing or otherwise communicating any (i) defamatory, infringing, obscene, indecent, profane, fraudulent, threatening, abusive, or otherwise objectionable content or information or (ii) any other content or information which may violate the legal rights of any person, otherwise constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or foreign law, including without limitation, the US export controls laws;

·        Advertising, soliciting or offering to sell, lease, license or otherwise transfer any goods, products or services (except as otherwise expressly authorized), including, without limitation, the unauthorized appropriation of any person's name or likeness for any commercial purposes;

·        Communicating chain letters, pyramid schemes or other similar arrangements, contests, surveys, investment opportunities or other unsolicited commercial information or communications (except as otherwise expressly authorized);

·        Engaging in spamming, flooding or other mass distribution of any files, programs, communications or any other information;

·        Uploading or otherwise communicating any software, programs or other content or information which contains any corrupted files and/or any virus, worm, Trojan horse, or any other similar material which may damage, disrupt, interrupt or otherwise harm the services, the materials, or any other computer or system having access to the services or materials;

·        Uploading or otherwise communicating any software, programs or other content or information protected by any intellectual property laws (unless they own or control the rights thereto and obtain all necessary consents); or

·        Otherwise exploiting the services or any materials for pecuniary benefit or any other commercial purposes except as expressly authorized by the Provider, owner or controller of such materials.

All communications made at or through the forums are public. Neither XTF nor any Provider of services screens, approves, reviews or otherwise endorses any content or information obtained through or offered by the forums. Reliance on any content or information obtained through the forums, including any actions resulting therefrom, is at the sole risk of each user.