1. Agreement

In consideration of TheStreet.com providing you with the Service, you agree to pay the applicable subscription fee and to comply with these Terms of Use (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service.

2. Changes to the TOU

We reserve the right at any time to:

• Change the terms and conditions of the TOU;
• Change the Service, including eliminating or discontinuing any content or feature of the Service; or
• Change the fees, charges or other conditions for use of the Service (with reasonable notice).
  

Any changes we make to the TOU will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU, as well as our Privacy Policy and Conflicts and Disclosure Policy may change also. You should check our web sites frequently to see recent changes.

3. Important Securities Disclaimer

Frank Curzio and Larsen Kusick, writers of TheStreet.com Stocks Under $10, are research associates at TheStreet.com. TheStreet.com is a publisher and has registered as an investment adviser with the U.S. Securities and Exchange Commission. Please click here to view our Form ADV Part II.

TheStreet.com Stocks Under $10 contains the authors' own opinions, and none of the information contained therein constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that Messrs. Curzio and Kusick will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in TheStreet.com Stocks Under $10 may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

Investing in the stocks chosen for TheStreet.com Stocks Under $10 model portfolio is risky and speculative. The companies may have limited operating histories and little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. You should use only risk capital, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education.

TheStreet.com Stocks Under $10 portfolio is a model portfolio of stocks chosen by the authors in accordance with their stated investment strategy. Your actual results may differ from results reported for the model portfolio for many reasons, including, without limitation: (i) performance results for the model portfolio do not reflect actual trading commissions that you may incur; (ii) performance results for the model portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; (iii) the stocks chosen for the model portfolio may be volatile, and although the "purchase" or "sale" of a security in the model portfolio will not be effected in the model portfolio until confirmation that the email alert has been sent to all subscribers, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time the alert was sent; and (iv) the prices of stocks in the model portfolio at the point in time you begin subscribing to TheStreet.com Stocks Under $10 may be higher than such prices at the time such stocks were chosen for inclusion in the model portfolio. Past results are not necessarily indicative of future performance. As editorial employees of TheStreet.com, Messrs. Cuzio and Kusick are restricted from owning individual securities other than stock or options in TheStreet.com. However certain of TheStreet.com's affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in TheStreet.com Stocks Under $10 and may take positions inconsistent with the views expressed.

4. Registration and Privacy

In order to gain access to the Service, you must become a member of TheStreet.com by choosing a unique (and inoffensive) User Name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. If you are already a member of TheStreet.com, you may use the User Name and password you chose when you registered for membership. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to your account:

• You may not to transfer or resell your use of or access to the Service to any third party;
• You are responsible for all activities that occur under your account;
• You are responsible for maintaining the confidentiality of your User Name and password; and
• You agree to notify us at members@thestreet.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password.
  

5. Subscription Cancellation

During the free-trial portion of your subscription, if any, you may cancel your subscription to the Service at any time and not be billed by notifying our Customer Service Department by telephone at 1-866-321-TSCM (321-8726) Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. If you wish to cancel your subscription outside regular business hours, please leave a message including your name, User Name, the email address associated with your account, and a telephone number where we can reach you to confirm. Please allow at least five business days for such cancellation to become effective.

PLEASE NOTE THAT UPON THE EXPIRATION OF YOUR FREE TRIAL, YOUR CREDIT CARD WILL BE BILLED THE APPLICABLE SUBSCRIPTION FEE AND YOUR PAID SUBSCRIPTION WILL COMMENCE. IF YOU ARE A MONTHLY SUBSCRIBER, YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR FREE TRIAL PERIOD HAS ENDED.

IF YOU ARE AN ANNUAL SUBSCRIBER, YOU MAY RECEIVE A REFUND OF YOUR ANNUAL SUBSCRIPTION FEE ONLY IF YOU CANCEL WITHIN 30 DAYS OF THE END OF YOUR FREE TRIAL PERIOD. AFTER THAT, ALTHOUGH YOUR SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELLED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER CREDIT.

6. Subscription Renewal

Your subscription will continue for the monthly or annual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by calling our Customer Service Department prior to the expiration of the Term. If you do not notify us, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).

PLEASE NOTE THAT IF YOU ARE A MONTHLY SUBSCRIBER, YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR SUBSCRIPTION HAS RENEWED.

IF YOU ARE AN ANNUAL SUBSCRIBER, YOU MAY RECEIVE A REFUND OF YOUR ANNUAL SUBSCRIPTION FEE ONLY IF YOU CANCEL WITHIN 30 DAYS OF THE DATE OF YOUR SUBCRIPTION RENEWAL. AFTER THAT, ALTHOUGH YOUR SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELLED, AND YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER CREDIT.

In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your User Name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

7. TheStreet.com's Proprietary Rights

The Service and the content available through the Service are the property of TheStreet.com and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service.

If you are interested in reprinting, republishing or distributing content from TheStreet.com, please see our Reprints page.

"TheStreet.com," "TheStreet," the TSC Logo, "TheStreet.com Stocks Under $10," and other marks are trademarks and/or service marks of TheStreet.com, Inc. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

8. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Service, you agree not to:

• Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites;
• Use the Service for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or any of our web sites;
• "Frame" or "mirror" any content available through the Service or any of our web sites without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Service or any of our web sites; or
• Harvest or collect information about users of the Service without their express consent.
  

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein.

9. Disclaimer of Warranties

THE SERVICE, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THESTREET.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

THESTREET.COM AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESTREET.COM DOES NOT ACCEPT RESPONSIBILITY AND WILL NOT BE HELD LIABLE FOR EMAIL DELAYS OR FAILURES IN EMAIL DELIVERY CAUSED BY YOUR INTERNET SERVICE PROVIDER OR THE INTERNET GENERALLY. THESTREET.COM ASSUMES NO RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. UNDER NO CIRCUMSTANCES SHALL THESTREET.COM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THESTREET.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at notices@thestreet.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.

10. Limitation of Liability

NEITHER THESTREET.COM, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THESTREET.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Service; or (c) your violation of the rights of any third party.

12. Termination

You understand and agree that TheStreet.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

13. Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TheStreet.com, Inc. or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to Jordan Goldstein, Esq., General Counsel, TheStreet.com, Inc., 14 Wall Street, 15th Floor, New York, NY 10005, tel: (212) 321-5000, fax: (212) 321-5013, email: notices@thestreet.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

14. Miscellaneous

The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

The TOU, together with all TSC policies referred to herein, constitutes the entire agreement between you and TheStreet.com relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. TheStreet.com may not assign this TOU agreement without your written consent. The TOU and the relationship between you and TheStreet.com are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You and TheStreet.com agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.

15. Legal Notices

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.