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	SUBSCRIPTION AGREEMENT HYNES ASSOCIATES, (the Company), provides and maintains a website designated as TPAknowledge.com (the Site) which provides and includes advice, knowledge, information and material which the parties hereto agree is proprietary, confidential and secret information of the Company. You as the Subscriber desire to be granted a non-exclusive, non-transferable, limited right to access, use and display the Site and to obtain the advice, knowledge, information and material on the Site, provided you fully abide by the terms and conditions of this Agreement. THEREFORE, you agree to the following: 1. The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and to obtain the advice, knowledge, information and material provided thereon. 2. You agree that the contents on the Site are for the exclusive use of your internal, non-commercial utilization. You agree not to engage in any practice, methods or actions which interrupt or attempt to interrupt the operations of the Site. 3. You acknowledge that certain components and/or functionalities of the Site are available only upon your purchase of a subscription to the Site for the fee based services from the Company. (a) You agree to pay to the Company the subscription service charge, applicable taxes and any other charges incurred in obtaining access to the fee based services which are set forth on the Site by valid credit card. The Company reserves the right to increase fees, surcharges, subscription fees, or to institute additional fees at any time, upon reasonable notice which will be posted on the Site; (b) You will be responsible for renewing your subscription on or before the one-year anniversary date of this Subscription Agreement for subscription to the Site for fee based services from the Company. The annual renewal charge will be the subscription fee as posted upon the Site on the date of renewal. In the event that you do not renew your subscription or the credit card charge is not accepted upon renewal, the Company will immediately terminate your access to the Site, until such time as you provide a valid credit card number and authorization to the Company; (c) In the event that you cancel this Subscription Agreement at any time during the subscription year, the Company will refund the subscription fee on a pro-rata basis; (d) You are solely responsible for any and all charges associated with connecting to the Site including all telephone access lines, computer equipment and service fees which are necessary to access the Site; (e) You agree to provide accurate, truthful, complete and up to date information required by the subscription registration on the Site, and to maintain and keep the subscription registration information up to date. Your failure to comply with this requirement (including falsification of any information) will result in an immediate termination of access to the Site. (f) You agree to advise the Company of any known or suspected unauthorized use of your subscription, or of any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. You will remain liable for any unauthorized use of your subscription until the subscription registration is updated. 4. All materials on the Site, including without limitation text, images, software, audio and video clips, databases and Fee-Based Services (collectively, the “Content”) are owned or controlled by the Company, which retains all right, title and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. (a) You may not download, display, reproduce, create derivative works from, sell, distribute, or in any way exploit the Site or the Contents for any public or commercial use without the express written permission of the Company. You agree not to use any trademarks, service marks, names, logos, or other identifiers of the Company or its employees, licensors, independent contractors, providers and affiliates without the prior written permission of the Company. (b) You may not utilize the Company’s trademarks, service marks, names, logos or other identifiers of the Company: (i) in, as, or as part of your trademarks, service marks, names, logos or other identifiers or those of any third parties; (ii) to identify products or services that are not those of the Company; (iii) in a manner likely to cause confusion; or (iv) in a manner that implies inaccurately that the Company sponsors or endorses or is otherwise connected with your own activities, products and services or those of any third parties. 5. You are solely responsible for the content of any transmissions which it makes to the Site or any materials which you add to the Site. You acknowledge and agree that any public communications made to or by means of any portion of the Site are public. (a) In this regard, you acknowledge that: (i) You have no expectation of privacy in any communication; and (ii) You have no confidential, fiduciary, contractually implied or other relationship which has been created between you and the Company by reason of your having transmitted a public communication to any area of the Site. (iii) In transmitting any public communication to the Site, you grant to the Company a perpetual, worldwide irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, “moral rights”, or any similar rights under any jurisdiction. 6. You agree that you will not use any area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by the Company in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages. 7. The Company may periodically make special offers or communications to users of its Site. This Subscription Agreement constitutes acceptance of the Company’s use of your e-mail address to send notices pertaining to the Company, its products and services, the Site, the Fee-Based Services and related topics. If at any time you desire not to receive e-mails, you shall respond to the “unsubscribe” link at the bottom of any e-mail communications. 8. As part of the registration process, you will select a password which it shall be solely responsible for maintaining the confidentiality thereof in order to access the Site, Fee Based Services and any related topics. 9. You acknowledge that your reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. The Company reserves the right, in its sole discretion and without notice to you, to correct any errors or omissions in any portion of the Site, or to deny access to the Site at any time. You acknowledge and agree that the Company is not responsible for any materials posted by users of the Site. You further agree that prior to purchasing any third party products or services described on the Site, you shall verify pricing and other information. The Company shall not incur any liability from the purchase of third party goods or services based upon the information provided on the Site. 10. The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by the Company or any third party site or any materials contained therein. The Company does not control, and are not responsible for, the availability, accuracy or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. 11. You represent and warrant to the Company that you are over the age of eighteen (18) years (if an individual) and, that you possess the legal right and ability to enter into this Subscription Agreement and to use the Site in accordance with this Subscription Agreement. 12. You agree not to assign, transfer or sublicense its rights as a subscriber to the Fee-Based Services, the Site and the related topics. You agree to be financially responsible for all usage or activity on your Fee-Based Services accounts on the Site and with related topics. 13. You agree to indemnify, defend and hold harmless the Company from and against any and all liability and costs incurred by the Company in connection with any claim arising out of any breach or alleged breach of any of the obligations set forth herein. You shall cooperate as required in the defense of any claim. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. You shall not in any event settle any matter without the prior written consent of the Company. 14. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY THE COMPANY. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 15. LIMITATION OF LIABILITY USE OF THE SITE IS AT YOUR RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR THE COMPANY, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR FEE-BASED SERVICES, EVEN IF THE COMPANY OR THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE COMPANY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 16. In addition to any other rights of the parties set forth herein, either you or the Company may cancel or terminate this Subscription Agreement at any time, by contacting the Company. The Company also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services and the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Subscription Agreement. If the Company terminates this Subscription Agreement based upon breach of any portion of this Subscription Agreement, the Company reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future. 17. The Company has the right to modify this Subscription Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Subscription Agreement shall be conclusively deemed an acceptance of any such modification(s). Your right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company in providing the Site, including without limitation, any change in the Content, or any change in the amount or type of fees associated with the Fee-Based Services and the Site, is to cancel your subscription by notifying the Company. The Company has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. The Company may also impose limits on certain features and services or restrict access to parts or the entire Site without notice or liability. 18. This Subscription Agreement constitutes the entire agreement between the parties with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between the parties. Failure by either party to enforce any provision of this Subscription Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Subscription Agreement shall be governed by the laws of the State of New York (excluding its choice of law rules). The parties consent irrevocably to personal jurisdiction in the Federal and State courts of New York County, New York for any action arising out of or relating to the use of the Site or Fee-Based Services. The Federal and State courts of New York County, New York, shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Subscription Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. 19. This Subscription Agreement may not be assigned by either Party or by operation of law to any other person, firm, or entity without the express written approval of the other Party. 20. This Subscription Agreement may be amended at any time and from time to time, but any such amendment must be acknowledged or accepted by you electronically upon notice from the Company. 21. Terms that are not specifically defined in this Subscription Agreement are used as set forth in the Uniform Commercial Code. 22. This Subscription Agreement is a negotiated document and will be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation will apply against any particular party based on a contention that the Subscription Agreement was drafted by one of the Parties. This Subscription Agreement will be construed and interpreted in a neutral manner. 23. If any term, provision, covenant, or condition of this Subscription Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Subscription Agreement will remain in full force and effect and will in no way be affected or invalidated. 24. This Subscription Agreement, including any Exhibits, Appendices, and Attachments, contains the entire agreement of the Parties relating to the rights granted and obligations assumed herein. Any oral representations or modifications concerning this instrument will be of no force or effect unless contained in a subsequent written modification signed by the Party to be charged. <br />
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Advisor Business Growth

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