TERMS OF SERVICE

Effective: September 23, 2005
Version: 2.01

These terms of service ("Terms of Service") apply to the online services (collectively referred to as the "Service") provided by Vebio, LLC ("Vebio") and made accessible through Vebio's web site at "http://www.vebio.com" ("Web Site"). The Service features and capabilities may vary depending on the version or level of the Service provided with these Terms of Service. As used in the Terms of Service, the terms "you", "your", or "user" all refer to the person using the Service in any way.

1. Permitted Uses and Restrictions on Use

Subject to the terms and conditions of this Terms of Service, Vebio or its subcontractors will provide the Service that allows you to manage your personal and financial data on the World Wide Web. You may not use the Service until you have read and accepted all of the Terms of Service by checking the "I have read and agree to Vebio's Terms of Service" checkbox upon submission of your registration information to Vebio. In order to use the Service, you must at your own expense obtain access to the World Wide Web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2. Registration Obligations

In consideration of your use of the Service, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form(s) ("Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that we have reasonable grounds to suspect is untrue, inaccurate, not current, or incomplete, Vebio may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

3. Access, Passwords, and Security

You may designate up to the number of users under your account that corresponds to the level of Service you are receiving from Vebio, and you may provide and assign access and passwords to such users. You will be responsible for the confidentiality and use of your username(s), password(s), and/or account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, e-mail, and financial, accounting, and other data including any Content ("Electronic Communications") entered through or under your username(s), password(s), and/or account number(s). Vebio will act as though any Electronic Communications it receives under your username(s), password(s), or account number(s) will have been sent by you. You agree immediately to notify Vebio if you become aware of any loss, theft, or unauthorized use of any of your username(s), password(s), and/or account number(s).

4. Acceptable Use and Member Conduct

4.1. Responsibility for Content. By submitting information, data, images, files, software, text, or other materials ("Content") to Vebio in connection with this Service, you warrant that: (i) you are the owner of such Content or have been granted all the rights necessary from the owner of such Content to submit Content to Vebio, and (ii) the use of such Content by Vebio and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Vebio, are entirely responsible for all Content that you upload or otherwise transmit via the Service. Vebio does not control the Content uploaded or otherwise transmitted by you or other customers via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

4.2. Other Conduct. You furthermore agree not to use the Service to: (a) upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (d) impersonate any person or entity, including, but not limited to, a Vebio employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Service or servers or networks connected to the Service; (f) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas of the Service that may be designated for such purpose; (h) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange; or (i) incite or provide instructional information about illegal activities.

5. General Practices Regarding Use, Storage, and Service Access

You acknowledge that Vebio may establish from time to time general practices and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Vebio has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, an authorized member of Vebio's support personnel shall be permitted to access your Content as necessary to resolve the problem. You acknowledge that Vebio reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. Consumer Information and Privacy

6.1. Privacy. For details about Vebio's privacy policies, please refer to the Vebio Privacy Policy ("Privacy Policy"), accessible via the Web Site. You agree to the terms and conditions of the Privacy Policy, as it may be amended from time to time.

6.2. Healthcare Information. You acknowledge and agree that the Service and Content are not "HIPAA-ready" or "HIPAA-compliant" and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Service and Content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.

7. Modifications to the Service or Agreements

7.1. Modifications to the Service. Vebio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at reasonable notice to you. You agree that Vebio shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. You furthermore agree that Vebio may from time to time specify the version(s) or require the use or installation of related third-party products in order for you to use the Service (e.g. supported browser versions).

7.2. Modifications to the Terms of Service. You agree that Vebio may modify the Terms of Service if necessary to comply with any other agreements that Vebio is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your continued use of any portion of the Service shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service by immediately ceasing all of your access to the Service and halting all activities related to your use of the Service. You agree that such termination will be your sole and exclusive remedy if you do not wish to abide by any changes to the Terms of Service.

8. Service Fees and Payment

8.1. Service Fees. You agree to pay the then-current subscription fee associated with the level of Service you select (or in the event you elect to transfer from one level of the Service to another), as well as any additional fees associated with optional add-on products or features to the Service that you select during your subscription period, (collectively referred to as the "Monthly Fee"). You agree that the Monthly Fee shall be non-refundable under any circumstances, including, but not limited to: (i) any errors or interruptions in the Service; or (ii) in the event that you cancel or change your level of the Service after the start of the subscription period for which the Monthly Fee applies, except as provided in section 8.3. The current schedule of service levels and fees is accessible via the Web Site. Vebio reserves the right to modify its fees and/or service levels with or without notice to you. If you do not agree to such modifications, you may cancel your subscription to the Service. You agree that such cancellation will be your sole and exclusive remedy in the event that you do not wish to accept such modifications.

8.2. Payment. Upon subscribing to the Service under one of the paid membership levels and for the duration of your subscription, you agree to provide Vebio with a valid credit card or other payment method as deemed acceptable by Vebio, and to promptly update or replace such payment method in the event that such payment method is declined, not authorized, or otherwise deemed unacceptable by Vebio. Your credit card or payment method will be debited immediately upon your subscription to the Service, and thereafter will be debited automatically each month for the Monthly Fee to maintain your subscription to the Service, unless you notify us to cancel your subscription to the Service at least two business days prior to the beginning of the next subscription period.

8.3 Cancellation and Refunds. You may cancel your subscription to the Service at any time with no further obligation to use or pay for the service following the expiration of the then current monthly subscription period. If you are not satisfied with your membership for any reason within thirty (30) days of subscribing, you may cancel your membership and, upon your request, Vebio will provide you with a full refund of your subscription fee.

9. Termination

You acknowledge and agree that Vebio may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that Vebio believes, in its sole discretion: (i) violates any term or provision of the Terms of Service; (ii) violates the rights of Vebio or third parties; or (iii) is otherwise inappropriate for your continued access to and use of the Service. In addition, Vebio reserves the right to terminate inactive membership accounts. You agree that upon termination, either by you or by Vebio, we may delete all Content and information related to your account and may bar your access to your account and the Service including, but not limited to, access to any of your Content entered into or used in connection with the Service. Further, you agree that Vebio shall not be liable to you or any third party for any termination of your access to the Service. You agree to defend, indemnify, and hold Vebio harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive termination of the Service and Terms of Service.

10. Links

The Service may provide links to other World Wide Web sites or resources. You acknowledge and agree that Vebio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vebio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

11. Vebio Proprietary Rights

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents, or other proprietary rights and laws.

12. No Resale, Etc. of the Service

You agree not to copy, sell, resell, rent, or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Vebio for use in accessing the Service.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VEBIO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) VEBIO AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE (i) WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) WILL PROVIDE THE RESULTS THAT OBTAINED FROM THE USE OF THE SERVICE TO BE ACCURATE OR RELIABLE, AND (iv) WILL PROVIDE THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE TO MEET YOUR EXPECTATIONS. VEBIO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. VEBIO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.

(c) ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VEBIO OR THROUGH OR FROM THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

14. REPRESENTATION AND WARRANTIES

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, YOUR USE OF THE SERVICE DOES NOT DIRECTLY OR INDIRECTLY INFRINGE THE LEGAL REIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR REGISTRATION IS ACCURATE AND RELIABLE.

15. LIMITATION OF LIABILITY

(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT VEBIO AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT, OR OTHER INTANGIBLE LOSSES (EVEN IF VEBIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

(b) YOU ALSO AGREE THAT VEBIO WILL NOT BE LIABLE FOR ANY: (i) INTERRUPTION OF BUSINESS, (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE; (iii) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; OR (iv) EVENTS BEYOND VEBIO'S REASONABLE CONTROL.

(c) IN NO EVENT SHALL VEBIO'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO VEBIO FOR THE SERVICE, BUT IN NO EVENT GREATER THAN TWO HUNDRED DOLLARS ($200.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 15 MAY NOT APPLY TO YOU.

17. GENERAL INFORMATION

THE TERMS OF SERVICE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND VEBIO AND GOVERNS YOUR USE OF THE SERVICE, SUPERCEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND VEBIO (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE) WITH RESPECT TO ITS SUBJECT MATTER. YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER VEBIO SERVICES, THIRD-PARTY CONTENT, OR THIRD-PARTY SOFTWARE. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE TERMS OF SERVICE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. EXCEPT AS OTHERWISE PROVIDED IN THE TERMS OF SERVICE, YOU AND VEBIO AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. THE TERMS OF SERVICE DOES NOT LIMIT ANY RIGHTS THAT VEBIO MAY HAVE UNDER TRADE SECRET, COPYRIGHT, PATENT, TRADEMARK, OR OTHER LAWS. THE FAILURE OF VEBIO TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TERMS OF SERVICE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TERMS OF SERVICE SHALL REMAIN IN FULL FORCE AND EFFECT. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE SECTION TITLES IN THE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT. THE TERMS OF SERVICE WILL INURE TO THE BENEFIT OF VEBIO AND ITS SUCCESSORS AND ASSIGNS.

18. SURVIVAL

ALL REPRESENTATIONS, WARRANTIES, AND SECTIONS 9, 13, 14, 15, 16, 17, AND 18 IN THE TERMS OF SERVICE SHALL SURVIVE TERMINATION OF THE SERVICE AND TERMS OF SERVICE.