Welcome to cashflowanalytics.com ("Service"), an online service of Cash Flow Analytics, LLC. ("Company"). Your use of the Service will be subject to the terms of this Service Agreement ("Agreement"). This Agreement may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

This Agreement is effective until terminated. This Agreement will automatically terminate, without notice to you, if you fail to comply with any term of this Agreement, including the non-payment of Service Fees. You may terminate this Agreement at any time by discontinuing service with Company. To discontinue service, you must give Company written notice by logging-in to your subscriber's account management page at http://www.cashflowanalytics.com/contacts.php and canceling your Service. You will be able to select an immediate or future specific termination date. YOU AGREE THAT UPON ACCOUNT TERMINATION, YOU ARE AUTHORIZING COMPANY TO DELETE ALL ASSOCIATED BACKUP FILES AND DATA FROM OUR SERVERS

Use of this Service consists of the right of a Subscriber of the Service ("Subscriber") to electronically transmit and store computer data using either a private data communications network, or the Internet into a location maintained by Company and to retrieve said data as required. The Service is made available by Company to Subscriber during the period Subscriber maintains a paid subscription to the Service.

Subscriber should maintain a primary electronic file of all materials stored in the Service. Subscriber should not utilize the service as a substitute for primary electronic file maintenance. Company may make copies of all files stored as part of the backup and recovery of servers utilized in connection with some of the Services. Company is not obligated to archive such copies and will utilize them only for backup purposes. They will not be accessible to the Subscriber.

Except for fees payable to an authorized Company Reseller, Subscriber shall pay in advance any registration or service fees and other charges incurred by Subscriber or Subscriber's designated users at the rates in effect for the billing period in which those charges are incurred. For situations where credit card payment is utilized, Subscriber shall maintain a current authorization for Company to debit Subscriber's credit card account for such amounts. In addition, Subscriber shall provide Company a current street address and Internet e-mail address for all communications and shall notify Company of any change of address. Subscriber shall pay all applicable taxes related to use of the Service by Subscriber or Subscriber's designated users. For situations where the Subscriber's credit card issuing financial institution has been notified of a payment dispute, said Subscriber agrees that proof of Service usage by Subscriber constitutes Subscriber authorization to submit payment request to Credit Card issuing financial institution. Company may, in addition, at its sole discretion and without notice to the Subscriber, (a) suspend its performance under this Agreement and deny Subscriber's and Subscriber's designated users' access to and use of the Service until Subscriber is back in good standing, or (b) terminate this Agreement and Subscriber's and Subscriber's designated users' access to and the use of the Service. Further, Company may cancel the Service to Subscriber without cause upon thirty (30) days prior written notice. Subscriber must provide Company with written notice of Subscriber's intent to terminate use of the Service. A cancellation notice can be submitted from the Subscriber's account management page on the Company Web site at http://www.cashflowanalytics.com the time of cancellation, the Subscriber's access to any of Subscriber's data stored by the Service may be permanently terminated. Company will not provide a refund for any unused portion of the Services paid in advance by Subscriber.

While Company reserves the right to modify and change Service fees at any time, current Service fees, and any changes to the fees will be posted on Company's Web site.

SUBSCRIBER AGREES THAT COMPANY WILL BILL SUBSCRIBER FOR THE FEE APPLICABLE TO THE AMOUNT OF STORAGE SPACE USED ON COMPANY'S SERVERS FOR SUBSCRIBER'S DATA BACKUP. SHOULD SUBSCRIBER'S DATA BACKUP REQUIREMENTS INCREASE SUCH THAT THE RESULTING SIZE REQUIREMENT MOVES THE SUBSCRIBER INTO A DIFFERENT PRICE LEVEL AS PER COMPANY'S PRICING MODEL, SUBSCRIBER AGREES TO BE BILLED AT THE NEW, APPLICABLE RATE, PRORATED FOR EACH MONTH SUBSCRIBER'S STORAGE REQUIREMENTS EXCEED SUBSCRIBER'S PRE-AUTHORIZED STORAGE LIMIT.

During the term of this Agreement, Company grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify Company and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them, which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

Company reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service.

Company also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, Company is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

The Service is the property of Company. Company retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by Company or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

CASHFLOWANALYTICS.COM, Company "swoosh", Company proprietary metrics, and their respective logos are trademarks of Company. All other trademarks on the Service are the property of their respective holders.

You may have the opportunity to order or receive merchandise and services, and to download Software (collectively "Products") through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by Company) are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.

By using the Site you acknowledge and agree that Company and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.

You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither Company nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Company nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

It is the policy of Company to respond expeditiously to claims of intellectual property infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Company will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to copyright@cashflowanalytics.com or the person or entity at the addresses and telephone number below:

Mark Gagne
Cash Flow Analytics, LLC
1727 Malvern Hill Place
Duluth, GA 30097
Tel: (800) 577-3940

All requests for licensing, reprints, linking and other usage of material on Service should be addressed to permissions@cashflowanalytics.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND COMPANY DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. COMPANY DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.

COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that Company is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Company of that Web site.

The Site includes Content concerning computer hardware, software and related products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.

Company may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to Company via E-mail at webmaster@cashflowanalytics.com, by postal mail to 1727 Malvern Hill Place, Duluth, GA 30097

Company reserves the right, in its sole discetion, to restrict or block the access of any subscriber to the Service, or any section thereof.

Any failure by Company to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

In the event you breach the terms of this license, or if, any claims are made against Company (its employees, officers or directors resulting from your actions) you shall be liable to Company for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, as applied to contracts entered into and performed within Georgia. You agree to grant jurisdiction over yourself to the courts of Georgia and designate it as the forum for resolution of all disputes arising under this Agreement. This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.