PURPOSE
THESE TERMS GIVE THE USER CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO THESE TERMS, THE USER'S CONTINUED USE OF THE SITE WILL BE DEEMED TO INDICATE ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES. BY LOGGING IN WITH THE PROVIDED USERNAME AND PASSWORD, THE USER: (A) ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS AND ANY CHANGES WITHOUT LIMITATION OR QUALIFICATION, (B) AGREES TO REGULARLY REVIEW THESE TERMS TO ENSURE THAT USER IS INFORMED OF ALL SUCH MODIFICATIONS AND ADHERES TO THEM, AND (C) AGREES THAT IT IS USER'S SOLE RESPONSIBILITY TO ENSURE THAT THE EMAIL ADDRESSES FOR THE USER ON THE SITE ARE LEGITIMATE AND CORRECT, TO PROMPTLY UPDATE ALL SUCH EMAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH ADDRESSES FREQUENTLY IN ORDER TO TIMELY REVIEW ANY NOTICES RECEIVED FROM SWCARES.COM.

YOUR ACCOUNT
You are solely responsible for maintaining the confidentiality of your account and password for your account at swcares.com. You agree to accept responsibility for all activities occurring under your account or password that are due to your conduct, inaction, or negligence.

DISCLAIMERS AND LIMITATIONS OF LIABILITY
THIS WEBSITE IS A PUBLICATION OF INTERACTIVE FINANCIAL ADVISORS. INFORMATION PRESENTED IS BELIEVED TO BE FACTUAL AND UP-TO-DATE, BUT WE DO NOT GUARANTEE ITS ACCURACY AND IT SHOULD NOT BE REGARDED AS A COMPLETE ANALYSIS OF THE SUBJECTS DISCUSSED. ALL EXPRESSIONS OF OPINION REFLECT THE JUDGMENT OF THE AUTHORS AS OF THE DATE OF PUBLICATION AND ARE SUBJECT TO CHANGE.

INFORMATION ON THIS WEBSITE DOES NOT INVOLVE THE RENDERING OF PERSONALIZED INVESTMENT ADVICE, BUT IS LIMITED OT THE DISSEMINATION OF GENERAL INFORMATION ON PRODUCTS AND SERVICES. A PROFESSIONAL ADVISOR SHOULD BE CONSULTED BEFORE IMPLEMENTING ANY OF THE OPTIONS PRESENTED.

INFORMATION ON THIS WEBSITE IS NOT AN OFFER TO BUY OR SELL, OR A SOLICITATION OF ANY OFFER TO BUY OR SELL THE SECURITIES MENTIONED HEREIN.

HYPERLINKS ON THIS WEBSITE ARE PROVIDED AS A CONVENIENCE AND WE DISCLAIM ANY RESPONSIBILITY FOR INFORMATION, SERVICES OR PRODUCTS FOUND ON WEBSITES LINKED HERETO.

INFORMATION ON THIS WEBSITE IS DIRECTED TOWARDS U.S. RESIDENTS ONLY. INTERACTIVE FINANCIAL ADVISORS IS REGISTERED AS AN INVESTMENT ADVISER WITH THE SEC AND ONLY TRANSACTS BUSINESS IN STATES WHERE IT IS PROPERLY REGISTERED, OR IS EXCLUDED OR EXEMPTED FROM REGISTRATION REQUIREMENTS.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, SWCARES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTUCULAR PURPOSE, AND NON-INFRINGEMENT. SWCARES DOES NOT WARRANT THAT THE SERVICE WILL WORK UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONISBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION GIVEN BY SWCARES OR ITS REPRESENTATIVES, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM SWCARES, FROM A SOMEONE WHO CARES® EMPLOYEE OR AGENT, OR THROUGH OR FROM THIS SITE, SHALL CREATE A WARRANTY. SWCARES, SOMEONE WHO CARES® EMPLOYEES, AND SOMEONE WHO CARES® AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SWCARES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD. SOMEONE WHO CARES® SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE.

ANY U.S. TAX ADVICE HEREIN WAS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY ANY TAXPAYER TO AVOID U.S. TAX PENALTIES. ANY SUCH TAX ADVICE THAT IS USED OR REFERRED TO BY OTHERS TO PROMOTE, MARKET OR RECOMMEND ANY ENTITY, PLAN OR ARRANGMENT SHOULD BE CONSTRUED AS WRITTEN IN CONNECTION WITH THAT PROMOTION, MARKETING OR RECOMMENDATION, AND THE TAXPAYER SHOULD SEEK ADVICE BASED ON THE TAXPAYER’S PARTICULAR CIRCUMSTANCES FROM AN INDEPENDENT TAX ADVISOR.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF SOMEONE WHO CARES®, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST SOMEONE WHO CARES® IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE.

JURISDICTION
This Agreement is governed by Illinois law without regard to conflict of law provisions. The federal and state courts located in Illinois alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in Illinois with respect to such matters or otherwise between you and Someone Who CARES® and waive your rights to removal or consent to removal.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Someone Who CARES® and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Disclaimer for which you are responsible or from the use of the Service or the Internet. Someone Who CARES® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User. In that event, the User shall have no further obligation to provide indemnification for Someone Who CARES® in that matter.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Trademark and Copyright Legal Notices
Someone Who CARES® and the Someone Who CARES® logo are registered trademarks of Interactive Financial Advisors®. Someone Who CARES® does not grant any license or other authorization to any user of its trademarks, registered trademarks, or other copyrightable material or other intellectual property, by placing them on this Web site.

Copyright® 2008 - Someone Who CARES®. All Rights Reserved.