By accessing or using the Site, you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This web site, which may be accessed by one or more of the following URL’s, www.financialoperationsnetworks.com , www.finopsnet.com, or other URL’s, (the "Site"), is operated by Financial Operations Networks LLC ("FINOPSNET"). This web site, www.financialoperationsnetworks.com (the "Site"), is operated by Financial Operations Networks LLC ("FINOPSNET").

This User Agreement is a binding agreement between you and FINOPSNET, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site. You may contact FINOPSNET by e-mail membercare@finopsnet.com with questions about the terms and conditions of this User Agreement.

 PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.

1. FINOPSNET grants you a limited right to use the Site.

Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason, FINOPSNET may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site. The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property rights.

2. The Site and its Content are owned by FINOPSNET, its affiliates and/or third parties.

Any information or posting you provide or make to the Site shall deemed non-confidential, and we shall have the irrevocable, royalty free right to post, publish, and display all or any part of such information, individually or in conjunction with any other matter, on or in any tangible or intangible media, and/or in any and all visual, aural, or other media now existing or hereafter developed, and for any other legitimate purpose; and to use or not to use (including publication), whether singly or in compilations, or to alter, modify, condense, expand, rewrite, or reconfigure all or any portion of such information. By providing such information or making such posting, you agree to indemnify and hold harmless FINOPSNET, its officers, directors, employees, shareholders and agents, from any and all claims, damages, expenses, liabilities, including without limitation, incidental, consequential, special, general, statutory or punitive damages arising from such information or posting. FINOPSNET reserves the right to remove any posting for any reason.

3. You make certain representations and warranties regarding your use of the Site.  You represent and warrant that:

· You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement and any other agreement that you enter into via the Site;

· You have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement;

· In connection with your use of the Site, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and

· All information that you provide in connection with your use of the Site is true and complete.

4. You assume various risks in using the Site.

We make no guarantees, promises or assurances regarding the Site and you should use the Site and any information contained therein at your own risk.We do not assure you that the Site will lead to profitable operations, and you may lose money if you make decisions based on the Site. There are many content, business, technological and other risks that are beyond our control. We make reasonable efforts to provide accurate Content on the Site. However, some Content and some of the assumptions, formulas, algorithms and other data that impact the Content may be inaccurate, outdated or otherwise inappropriate.

Dated Content speaks only as of the date indicated.  Some Content and some of the data used in the Content come from third parties. We believe that these third parties are reliable but we are not responsible for any third party information.
We are not responsible for the documents or information posted to our site by our users, and we make no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any document posted by users, or any other form of communication engaged in by users. Posting may contain inaccuracies or typographical errors.

Nothing on our Site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, employment or recruiting practices, investment opportunities, or otherwise. We may change any portion of the Site at any time without notice to you. We are not liable for any damage or loss to you resulting from these or any other risks.

5. You have various responsibilities when using the Site.

You alone are responsible for your use of the Site.  You must make your own independent decisions. You should report any inappropriate posting on the Site to us immediately. We are not involved in any dealings between you and any third party. You release FINOPSNET and its affiliates, agents and employees and you agree to hold them harmless from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature that may arise out of or in any way are connected with a dispute between you and any third party.

YOU AGREE THAT ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THE SITE IS SOLELY AT YOUR OWN RISK, AND THAT WE ARE NOT LIABLE FOR ANY CONSEQUENCES THEREOF.

6. FINOPSNET does not give recommendations or accounting, tax or legal advice.

All Content is for informational purposes only.   Although the Site may include information regarding specific processes, methodologies, technologies and business processes generally, you should not consider anything you find on the Site to be an individualized recommendation to buy, sell, otherwise pursue or invest in any specific process. We do not give any advice or make any representations through the Site as to whether any content, information, technology or process is suitable to you or will be profitable. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, accounting, tax, legal, or other professional advice. If you would like accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. 

7. We may have conflicts of interest with respect to any companies mentioned on the Site.

FINOPSNET, its affiliates and/or their officers and employees may acquire, hold or sell a position in securities offered by companies mentioned on the Site, or have a relationship with any companies mentioned on the Site.

8. If FINOPSNET provides you with a password, you must keep your password confidential.

We may provide you with a password to access certain areas of the Site.
You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.

Because user authentication on the Internet is difficult, we are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Because we do not and cannot be involved with user-to-user dealings or control the behavior of user(s) of our site, in the event that you have dispute with one or more users, you release FINOPSNET, its officers, directors, employees, shareholders, and agents from claims, damages, expenses, liabilities, including without limitation, incidental, consequential, special, general, statutory or punitive damages of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

9. FINOPSNET is not liable for any technological problems and any impact that they may have.

All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems such as viruses and other damaging computer programming routines or engines.

We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. We are not liable for any defects, delays or errors in or resulting from your use of the Site.

10. FINOPSNET is not responsible for any aspect or use of any third party web site.

If you access any third party web site through the Site or otherwise, you do so at your own risk.  When you access another web site through ours, you understand that it is independent from FINOPSNET and that FINOPSNET has no control over the content on that web site.  Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by FINOPSNET.  FINOPSNET is not responsible or liable for any aspect of any products, services or content appearing on or available through any third party web site.

11. FINOPSNET has the right to monitor and record activity on the Site and respond as it deems appropriate.

We may monitor and record activity on the Site for any reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.

12. FINOPSNET respects your privacy.

Personal nonpublic information that we gather from you will be governed by our Privacy Policy.  In addition to reviewing these terms and conditions of use, please review our Privacy Policy.

13. FINOPSNET DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE, INCLUDING ALL CONTENT, INFORMATION AND MATERIAL ON THIS SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.

14. FINOPSNET'S LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR STATUTORY DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE. OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF FINOPSNET, ITS AFFILIATES AND THEIR AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE AND THE CONTENT IS $100. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW SUCH LIMITATIONS OF LIABLITY, SUCH LIMITATIONS MAY NOT APPLY TO YOU.

15. You will be responsible for any liability to FINOPSNET that arises out of your breach of this User Agreement or your use of the Site.

You agree to indemnify, defend and hold harmless FINOPSNET and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:

· Your use of the Site;

· Your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,

· Your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or

· Claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.

16. You will settle any disagreements with FINOPSNET by arbitration in Atlanta, Georgia under the substantive provisions of Georgia state law. Regarding the resolution of any controversy, you understand that:

· Arbitration is final and binding.

· By agreeing to arbitration, you waive your right to resolve disputes in court, including the right to a jury trial.

· You agree to bring any claim, dispute, or action within one (1) year of the date from which the claim, dispute, or action arises and waive any longer statute of limitations that may be provided by law.

· Arbitration is different from a court proceeding and is generally more limited.

· The arbitrator's decision is not required to include factual findings or legal reasoning.

· Your right to appeal or to seek to modify the arbitrator's rulings is strictly limited.

You and FINOPSNET agree that any dispute that arises between us that we cannot resolve informally will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association. You and FINOPSNET agree that any arbitration shall be conducted in Atlanta, Georgia USA. Any questions about the nature of our relationship or the law surrounding this relationship will be governed by Georgia law without giving effect to conflicts of law principles.

17. You will be bound by revised versions of this User Agreement that we post on the Site.

Modifications will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.

18. You are bound by certain other general conditions.

This User Agreement constitutes the entire understanding, and supersedes all other understandings, written or oral, between you and FINOPSNET concerning the subject matter hereof. Certain sections of the Site include additional terms and conditions that govern use of those sections. You will be bound by those additional terms and conditions, and they will be considered part of this User Agreement. FINOPSNET may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
The representations, warranties, covenants, and agreements made by you under the User Agreement shall survive and remain in effect even after your termination of this User Agreement or your discontinuation of use of the Site.

Financial Operations Networks LLC
2100 RiverEdge Parkway
Suite 380
Atlanta, GA 30328

http://www.financialoperationsnetworks.com

© 2006 Financial Operations Networks LLC. All rights reserved.