TERMS AND CONDITIONS OF USE

The magicVORTEX Service is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of the magicVORTEX Website and/or the magicVORTEX Protocols constitutes your agreement to all such terms and conditions and serves as a binding contract between you and Sage Analytic Technologies, LLC ("Sage Analytic"). If you do not wish to be bound to these terms and conditions, then immediately discontinue use of the magicVORTEX Website and deactivate all software communicating with the magicVORTEX servers.

Description of Service

Sage Analytic operates a collection of electronic services that are collectively referred to as the "magicVORTEX Service". The collection is comprised of the "magicVORTEX Website", which is this website and its associated web pages; and the "magicVORTEX Protocols", which are a set of communication instructions that operate between the magicVORTEX servers and other party’s computer systems. The terms and conditions presented here do not cover the use of the magicVORTEX Client Application, which is a software program that resides on other party’s computer systems. (Please refer to the magicVORTEX License Agreement). Unless explicitly stated otherwise, any new features or services that augments or enhances the current magicVORTEX Service shall be subject to these terms and conditions.

General Use

You agree that you will not use the magicVORTEX Service, in part or in whole, for any purpose that is unlawful or otherwise prohibited by these terms and conditions. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the magicVORTEX Service. You agree not to engage in activities with the purpose of obtaining lists of users or other personal information about other users. You agree that you will not use the magicVORTEX Service in any manner that could damage, disable, overburden, or impair the normal operation of the magicVORTEX Service or the networks connection to the magicVORTEX Service. You may not interfere with any other party’s use of the magicVORTEX Service or attempt to access information belonging to any other party. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to the magicVORTEX Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any information through any means not intentionally made available through the magicVORTEX Service.

Registration

In order to use the magicVORTEX Service, you are required to provide specific personal information during the sign up process. You agree to provide current, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. The information you provide is maintained in accordance with our Privacy Policy, which is also available on the magicVORTEX Website. You are entirely responsible for maintaining the confidentiality of the password you choose to use in conjunction with the magicVORTEX Service. Sage Analytic will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. You may not attempt to impersonate another user at any time. You may qualify for one, and only one, free trial period at the time of your first registration. You may not register alternate identities to take advantage of additional free trial periods.

Unacceptable Conduct

When using the magicVORTEX Service you agree to not:

• Send chain letters, junk email, or other unsolicited messages.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Transmit any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Transmit any content protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party unless you have sole ownership over that material or have received all necessary consents to distribute that material.
• Transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software or programs that may damage the operation of another's computer or property of another.
• Transmit any content that is harmful to minors.
• Restrict or inhibit any other user from using and enjoying magicVORTEX Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the Digital Millennium Copyright Act of 1998, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, and any regulations having the force of law.

Sage Analytic has no obligation to monitor the conduct of users of the magicVORTEX Service. Sage Analytic reserves the right at all times to disclose any information as Sage Analytic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, in Sage Analytic’s sole discretion.

Storage of Data

By using the magicVORTEX Service, your personal data will be temporarily stored on our servers as part of the normal operating process of providing this service. While Sage Analytic believes user privacy is very important and operates the magicVORTEX Service by following standard operating procedures that work to ensure privacy of user data, you should have no expectation of privacy with regard to you user data given the current regulatory and technical environment. All data transmitted during the use of the magicVORTEX Service will be deleted based on a timeline determined solely by Sage Analytic. Therefore, you should have no expectation of persistency will regard to the data stored on our servers in conjunction with the use of the magicVORTEX Service. You agree that Sage Analytic has no responsibility or liability for the deletion, corruption or failure to store any data stored or transmitted by the magicVORTEX Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE MAGICVORTEX SERVICE IS AT YOUR SOLE RISK. SAGE ANALYTIC AND ITS SUPPLIERS PROVIDE THE MAGICVORTEX SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. (B) SAGE ANALYTIC MAKES NO WARRANTY THAT (i) THE MAGICVORTEX SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MAGICVORTEX SERVICE WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MAGICVORTEX SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MAGICVORTEX SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.

Limitation of Liability

Sage Analytic does not control, endorse or validate any transmissions sent via magicVORTEX and, therefore, Sage Analytic specifically disclaims any liability resulting from your participation in the magicVORTEX Service.
IN NO EVENT SHALL SAGE ANALYTIC AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SAGE ANALYTIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE MAGICVORTEX SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE MAGICVORTEX SERVICE, (D) THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL STATEMENTS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, OR (E) ANY OTHER MATTER RELATING TO THE MAGICVORTEX SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MAGICVORTEX SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE MAGICVORTEX SERVICE.

Copyrights

All content available on the magicVORTEX Website is: Copyright © 2007 Sage Analytic Technologies, LLC, 3 Kobert Avenue, Budd Lake, New Jersey 07828 U.S.A. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the magicVORTEX Website is permitted without the written permission of Sage Analytic. Any rights not expressly granted herein are reserved.

Trademarks

Sage Analytic and the Sage Analytic logo are trademarks of Sage Analytic Technologies, LLC. magicVORTEX and the magicVORTEX swirl are trademarks of Sage Analytic Technologies, LLC. Other product and company names mentioned herein may be the trademarks of their respective owners.

Termination

Sage Analytic reserves the right, in its sole discretion, to terminate your access to the magicVORTEX Service or any portion thereof, at any time, without notice. Sage Analytic may also terminate or suspend your access to magicVORTEX Service due to lack of use, failure to perform administrative procedures, submission of false or misleading information, breach of any provisions of the terms and conditions of use under which the magicVORTEX Service is offered or failure to pay fees associated with your account within a period of time determined by Sage Analytic. Upon termination of your access to the magicVORTEX Service, your right to use the magicVORTEX Service immediately ceases.

Notification of Changes

Sage Analytic reserves the right to change the terms and conditions of use under which the magicVORTEX Service is offered at any time and without specific notice to you. The most current terms and conditions will be posted on the magicVORTEX Website and should be reviewed by you prior to use. By your continued use of the magicVORTEX Service, you agree that Sage Analytic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the magicVORTEX Service. Modifications may or may not include charges associated with the use of the magicVORTEX Service.

General Information

This agreement shall be governed by the laws of the State of New Jersey, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Morris County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the magicVORTEX Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sage Analytic as a result of this agreement or use of the magicVORTEX Service. You agree to indemnify and hold Sage Analytic, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the use of the magicVORTEX Service. If any provision of these terms and conditions is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these terms and conditions or your rights in regard to using the magicVORTEX Service, and any attempt to the contrary is void. These terms and conditions set forth the entire understanding and agreement between you and Sage Analytic with respect to the subject matter hereof. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The magicVORTEX Service is operated by: Sage Analytic Technologies, LLC with its headquarters residing at 3 Kobert Avenue, Budd Lake, New Jersey 07828 U.S.A.

Copyright Infringement Policy

The magicVORTEX Service does not tolerate the infringement of legitimate copyrights. Users that voilate the intellectual property rights of others will have their accounts terminated and their transfers aborted. In accordance with the Digital Millennium Copyright Act ("DMCA"), copyright owners, or persons authorized to act on behalf of owners, who believe that content available through the magicVORTEX Service may infringe any exclusive right(s) of the copyright owner should send a written notice to the address below. The written notice must include all of the following information:

1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of the sender account that was used to disseminate the material that you claim is infringing;
3. your mailing address, telephone number, and email address, if available;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that all the information in your notice is accurate and that you are the copyright or intellectual property owner, or authorized to act on the copyright or intellectual property owner's behalf;
6. an electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner.

Claims of copyright or other intellectual property infringement should be mailed to: Legal Department, Sage Analytic Technologies, LLC, 3 Kobert Avenue, Budd Lake, New Jersey 07828 U.S.A.

Privacy Policy

The magicVORTEX Privacy Policy is available on the magicVORTEX Website and can be accessed by this link.