SwingWire is an interactive community of online traders and individual investors sharing dynamic market information and opinions. As with all online communities, SwingWire relies on the honesty and trust of its member users in communications between members. These attributes are essential to the success of SwingWire and its goal of providing the best financial information available anywhere. This Member Agreement is designed to foster honesty and trust, governing all members' conduct within SwingWire. Please read it carefully since, by becoming a SwingWire member, you are deemed to have read and understood the terms and conditions of this Agreement. If you have questions about this agreement, send e-mail to agreement@swingwire.com.

All use of the SwingWire web site and its services are expressly conditioned on the acceptance of the terms, conditions and notices contained in this Agreement. This Agreement is not subject to modification without the express written consent of SwingWire. Anyone executing this Agreement via clicking on the "I Accept" button below becomes a Member of SwingWire and acknowledges they have read and understand the contents of this Agreement and agree to be legally bound in its entirety. SwingWire may revise this Agreement at any time by updating this posting. You should visit this page periodically to review the current applicable Terms and Conditions since they are binding on you.

ACCOUNT USAGE AND MEMBER INFORMATION
SwingWire consists almost entirely of information and opinions provided by members, including personalized member Trading Spaces, feedback, discussion postings, commentary, Web resources, as well as stock picks and opinions. SwingWire does not monitor the information contributed nor does it guarantee validity of any content posted by members. While SwingWire is under no obligation to monitor submittals to the site and takes no responsibility for the content of messages or information posted by Members, SwingWire reserves the right to remove illegal or inappropriate content it becomes aware of.

Information or content you contribute to SwingWire must not:

• Be an attempt to impersonate another SwingWire Member or user of the site;
• Be misleading, defamatory, libelous, threatening, harassing, or obscene;
• Infringe any third party's copyright, trademark, or right to privacy;
• Be fraudulent or violate any law, statute, ordinance, or regulation, including applicable SEC disclosure requirements relating to the disclosure of financial information and recommendations;
• Contain or link to any computer code that may damage or interfere with the SwingWire system, data, or personal information.

Members are responsible for all personal information related to transactions (addresses, credit card information, item listings and disclosure of positions, as required) and must keep that information accurate and current. Failure to do so may result in limitation or cancellation of your membership and/or legal action. Member acknowledges his or her right to use this Web site and other products or services offered by SwingWire is personal to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Member's right to use this Web site is void and shall constitute a material breach of this Agreement.

Information posted by members on SwingWire does not necessarily reflect the views of SwingWire. SwingWire assumes no responsibility or liability for these materials.

MEMBER COMPENSATION
Referral Bonuses are paid out for every new paying subscriber a Member refers. The referring Member will earn 10% of the newly referred Member's monthly subscription fee every month, as long as the referred Member and the referring Member remain paying subscribers. After referral bonuses have been allocated, Members share in earning a handsome 50% of all subscription revenues generated during a month's period, a.k.a. the "monthly revenue pool". Each active Member earns a percentage of the "monthly revenue pool" as it relates to his or her "Trading Space" traffic for the month. Each "Unique Visit" during the course of a 24-hour period constitutes 1 traffic credit during a month's period. At the end of the month, all Members "Trading Space" traffic credits are tabulated, resulting in a total number of credits. Each respective Member's traffic percentage of the total traffic that same percentage of the "monthly revenue pool".

Member compensation is available solely to paying subscribers in good standing with SwingWire. The "Monthly Revenue Pool" is defined as 50% of the net subscription revenue actually received and credited to the SwingWire Merchant Account after payment of referral bonuses during a full month's period. Compensation for the Monthly Revenue Pool will be based on the following month's traffic statistics, thus determining in advance the actual amount of a particular Monthly Revenue Pool allocated to participating Members for the following month.

A Member's "Trading Space" is defined as the viewable section of a Member's specific space within SwingWire, including the Member's Profile, Live Tracker, Commentaries, Track Record, Message Board, Chat Room, C.A. Alerts and Stats. All SwingWire Trading Spaces are available for Community Member viewing twenty-four (24) hours a day, seven (7) days a week, barring any technical difficulties.

Traffic Credits are given only for unique visits within a twenty-four (24) hour period. A "Unique Visit" is defined as a unique and separate SwingWire Member Account visiting another unique and separate SwingWire Member Account's particular "Trading Space" within a 24-hour period from 12:00 AM on a given day to 12:00 AM the following day PST.

Member compensation will be sent out via regular mail in the form of a Company check in the name of the holder on the applicable SwingWire account in each month where the aggregate amount a Member has earned exceeds $100. To the extent a Member does not earn at least $100 in a month, the balance will be carried over to succeeding months until such time as the $100 minimum is earned.

The decisions of SwingWire regarding traffic statistics and Member compensation shall be binding and final. Member compensation opportunities may be terminated at any time for any reason without notice. Any Member suspected of or found in violation of any part of this Agreement or who engages in misconduct or misrepresentation forfeits all compensation from the SwingWire. Should a Member terminate his or her subscription at a time when the corresponding compensation balance is less than $100, the canceling Member forfeits such compensation from the SwingWire.

CHARGES AND BILLING PRACTICES
Either during or after your free trial, you can join SwingWire by clicking "Subscribe Now" on the home page. When you subscribe, you'll get full access to the site as described on the "Subscription Page" at a monthly rate of $29.95 or, should you choose, an annual rate of $299.95.

Current subscription rates and charges are available by telephone at 619-231-2923, by electronic mail at customerservice@swingwire.com or by viewing "Subscribe Now" on the SwingWire home page. Payment for your subscription is due monthly in advance (or annually in advance if you select the annual plan. If you decide to cancel your annual subscription after 30 days, you will not be entitled to a refund. You are responsible for all use, activities and charges associated with or arising from your subscription and use of the Service, including any unauthorized charges or use under your subscription, user name and/or password. Unless we notify you otherwise, payment for use of services available for a separate charge will be invoiced or charged to you monthly after your use. Taxes and other government charges or fees are your responsibility and will be added and billed to your account.

If you pay us by credit card or other payment instrument or by allowing us to withdraw funds from an account designated by you ("your account") and we do not obtain full payment, you agree to pay all amounts due upon our demand. Each time you use the Service you reaffirm your authorization to us to charge or withdraw funds from your account for your subscription at the then current subscription price.

Should legal action arises out of this Agreement or is necessary to collect amounts owing, you agree to pay SwingWire any attorneys' fees and costs associated with said action. Should you terminate your subscription, or should SwingWire terminate the same for any reason set forth in this Agreement, you agree to immediately pay us any outstanding balance on invoices presented to you. Failure to notify SwingWire, in writing, of discrepancies on accounts and statements within 90 days will constitute acceptance of responsibility for the amounts presented. SwingWire may refer to such acceptance if we receive any inquiries from you or relating to your account, any judicial, regulatory or governmental authority or anyone else. You release SwingWire from any and all liability and claims of loss resulting from any error or discrepancy not reported to SwingWire within 90 days of a statement being sent to you or from when SwingWire otherwise provides notice, whichever is sooner.

SWINGWIRE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR INFORMATION, MATERIAL (DEFINED BELOW) OR SERVICES. SWINGWIRE WILL NOTIFY YOU OF IN ADVANCE OF CHANGES PURSUANT TO THIS PARAGRAPH. IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION AS DESCRIBED IN THIS AGREEMENT.

INVESTMENT DISCLOSURE
SwingWire is a forum for the exchange of financial information. SwingWire is not an investment advisory service nor is SwingWire an investment advisor. Neither SwingWire nor any of its principals or investors purport to suggest to anyone what they should buy or sell for themselves or what investments they should make. The decision to invest is solely and exclusively the province of Member and any Member considering an investment is encouraged and advised to undertake their own due diligence prior to investing.

Investors should always check with their licensed financial advisor, including their tax advisor, to determine the suitability of any investment. SwingWire strongly recommends anyone trading securities do so with caution and knowledge of the risks of investing. Prior to the execution of a security trade based upon information from SwingWire, members are encouraged and advised to consult with their broker or other financial representative.

All investors are advised and encouraged to undertake a thorough investigation and their own due diligence as to any security before making an investment. Investors should obtain all available information, including annual reports and other company information. We urge you to begin with the Securities and Exchange Commission (the "SEC") which maintains a Web site containing reports, proxy and information statements, and other information regarding certain companies that file electronically with the SEC. The SEC also provides information on various kinds of Internet fraud ("cyber fraud"). The SEC's website is located at http://www.sec.gov. The National Association of Securities Dealers ("NASD") provides insight on how to invest carefully online at http://www.nasd.com.

Neither SwingWire nor anyone affiliated with SwingWire, including its principals, investors and/or employees are responsible for any investment decision made.

SwingWire has not verified that the information provided within the site is accurate as of the time of inclusion/dissemination. Member also recognizes there may be inadvertent and occasional errors. SwingWire takes no responsibility should such errors occur.

Any information contained in this Web site is the property of the original publisher. While SwingWire strives to present accurate and useful information, SwingWire cannot, and does not make any guarantee as to accuracy or completeness. All information and opinions expressed herein are subject to change without notice. Any opinions and recommendations should not be construed as investment advice. Do not assume any information contained in SwingWire will ensure a profitable investment.

Each Member agrees to comply with any and all applicable laws relating to investment in securities, the offering of investment advice or any other law or statute whatsoever, whether international, federal, state or local, relevant in any way to the services provided by SwingWire. Member agrees to fully and fairly discloses all positions held in connection with any investment recommendation made or suggested. SwingWire neither monitors nor makes any assurances regarding the recommendations of Members. Each Member agrees to comply with applicable laws and recognizes any violation thereof is fully, completely and exclusively the responsibility of Member. Should any liability occur as a result of the conduct of any SwingWire Member, such Member agrees to fully and completely defend and indemnify SwingWire therefor.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. MEMBER EXPRESSLY AGREES THAT USE OF THIS WEB SITE ARE AT HIS OR HER SOLE RISK. NEITHER SWINGWIRE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANTS USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR THE INFORMATION CONTAINED THEREIN OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE FORUMS WHATSOEVER IS MADE.
2. THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT AND THOSE WARRANTIES GIVEN BY MEMBER AS AN EXPRESS CONDITION PRECEDENT TO THE USE OF THIS WEB SITE.
3. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACCEPTS AND ACKNOWLEDGES SWINGWIRE IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, IF ANY, OF THIRD PARTIES, MEMBERS OR USERS OF THE FORUMS. MEMBER ACCEPTS AND ACKNOWLEDGES THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.
4. IN NO EVENT WILL SWINGWIRE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE AND THE FORUMS.
5. SWINGWIRE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THIS WEB SITE AND FORUMS, NOR FOR ANY OFFENSIVE, DEFAMATOR, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED SWINGWIRE EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SWINGWIRE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEB SITE AND/OR ANY POSTING ON THE FORUMS. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
6. SWINGWIRE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. MEMBER AFFIRMS THAT IN NO EVENT WILL SWINGWIRE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (1) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (2) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
8. MEMBER AGREES THE LIABILITY OF SWINGWIRE, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT MEMBER PAID TO SWINGWIRE, INC., FOR USE OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER. MEMBER SPECIFICALLY AND UNEQUIVOCALLY ACKNOWLEDGES SWINGWIRE IS NOT PROVIDING INFORMATION, BUT RATHER IS ACTING SOLELY AS A FORUM FOR THE SHARING OF INFORMATION BETWEEN MEMBERS AND USERS.

INDEMNIFICATION
Member agrees to indemnify and hold harmless SwingWire, its employees, its officers, and its agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from member's use of this Web site or from member's violation of this Agreement or any third party's rights including but not limited to copyright, property and privacy rights. This indemnification and hold harmless obligation is a continuing obligation that will survive this Agreement, whether or not member continues to use SwingWire.

LINKS
This Web site contains links to other Web sites operated by parties other than SwingWire. While SwingWire believes such links are interesting and may provide benefits to member, such links are provided for Member's reference only. SwingWire is not, in any way, responsible for these external sites nor is it responsible for any of the contents, advertising, products or other materials on the same. SwingWire's inclusion of links to Web sites is not, under any circumstances, an endorsement of the material contained thereon and SwingWire takes no responsibility therefor. Under no circumstances shall SwingWire be held responsible, directly or indirectly, for any loss or damage allegedly caused by the use of or reliance on any content, goods or services available on external sites. Any concerns regarding any external link should be directed to such external site's administrator or Webmaster.

USE OF CHAT ROOMS, BULLETIN BOARDS AND OTHER COMMUNICATIONS
Member is solely responsible for any information member posts in electronic bulletin boards, chat rooms or other message or communication facilities (collectively, "Forums") on or related to this Web site. Member recognizes such sole responsibility includes the obligation to ensure any and all postings, of any kind whatsoever, comply with all applicable laws, including, but not limited to, disclosure requirements as established by the Securities Exchange Commission. This Web site and the Forums shall not be used for any unlawful purpose. No material shall be posted on or transmitted through the Forums which in any way violates the rights of others or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. While SwingWire takes no responsibility for postings on the Web site, no conduct shall be undertaken that, in SwingWire's judgment, restricts or inhibits any other user from using or enjoying the Forums. The Forums shall never be used to solicit other members to become users of competitive online information services. Advertising or commercial solicitation may be posted on or transmitted through the Forums subject to SwingWire's express prior approval and solely in accordance with the terms and conditions imposed by SwingWire with respect thereto. If SwingWire is notified a message posted on SwingWire's Forums violates the legal rights of others or the stated guidelines for posting messages, SwingWire reserves the right to remove the message.

Member agrees not to upload, post or otherwise make available any material protected by copyright, trademark or other proprietary right on this Web site, without the prior express, written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining any material is not protected by copyright lies with member and SwingWire takes no responsibility therefor. Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any uploading, posting, or submission.

Member agrees not to upload files to this Web site containing viruses, corrupted files or other similar software or programs that may damage the operation of another person's computers, software, Web sites or network. Member will be solely responsible for damages arising from any claims that files posted by member caused damage to the operation of another person's computer, software, Web sites or network.

Other than investment opinions, Member agrees not to advertise or offer to sell any goods or services, or to promote any surveys, contests, chain letters or any commercial purpose on this Web site.

Member acknowledges Forums are public communications. SwingWire shall have the right, but not the duty, to monitor the content of the Forums to determine compliance with this Agreement and any other operating rules established by SwingWire. Member acknowledges chats, postings and other communications by users are not endorsed by SwingWire, and such communications shall not be considered reviewed, screened or approved by SwingWire. SwingWire reserves the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Forums. Without any limitation to the foregoing, SwingWire shall have the right to remove any material or contents of the Forums that SwingWire, in its sole discretion, finds to be in violation of any portion of this Agreement. SwingWire reserves the right to deny in its sole discretion any member's access to this Web site or any portion thereof without notice.

COPYRIGHT AND LIMITATIONS ON USE
The entire contents of the Site are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are SwingWire, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to SwingWire a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to any public areas of the Site (such as bulletin boards or chat rooms) or by e-mail to SwingWire by all means and in any media now known or hereafter developed. You agree you shall have no recourse against SwingWire for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SwingWire.

If you believe that content appearing on the SwingWire site constitutes copyright infringement of another party's rights, please contact us by sending an email to customerservice@swingwire.com.

TRADEMARKS
SwingWire publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of SwingWire. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

MODIFICATION OF THESE TERMS AND CONDITIONS
SwingWire shall have the right at any time to change or modify the terms and conditions applicable to Member's use of this Web site, or any part thereof or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, including constructive notice, which may be given by any means including, but not limited to, posting on the Web site and/or the Forums a revised version of this Agreement, and notification by electronic or conventional mail. If a modification is posted by any means whatsoever on the SwingWire Web site, Member is deemed to have knowledge thereof whether the modification is actually read or not. If any such change is unacceptable to Member, Member may terminate his or her membership account as provided in this Agreement. Any use of this Web site and/or any use of the Forums by Member after such notice (other than to terminate Member's subscription as provided herein) shall constitute acceptance by Member of such changes, modifications, additions or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software or services.

TERMINATION
Either SwingWire or Member may terminate this Agreement at any time. Member's only right with respect to any dissatisfaction with (1) any terms and conditions of this Agreement, or any policy or practice of SwingWire in operating this Web site and/or the Forums, (2) content available through this Web site or any change therein or (3) amount or type of fees or billing methods, including any change thereto, is to terminate this Agreement by sending a written notice to 701 B Street Suite 480, San Diego, CA 92101, by sending email to customerservice@swingwire.com or by going to the SwingWire Account Modification Page and following the directions listed. Member's notice of termination will be effective upon actual receipt by SwingWire. SwingWire has no obligation to provide member with notice of termination. Fees paid for any subscription term are paid in advance and are non-refundable in whole or in part, provided, however, that in the event of termination by SwingWire for any reason other than breach of this Agreement by Member or termination by Member in accordance with provisions (1), (2), or (3) above, in which member identifies the termination as resulting from changed terms, SwingWire shall make a pro rata refund to Member.

The terms of this Agreement shall remain in effect after this Agreement has terminated regardless of by whom the Agreement is terminated.

EQUIPMENT
Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware and/or any other equipment needed for access to and use of this Web site, and Forums, and Members shall be responsible for all charges related thereto.

PRIVACY
Personal data provided by each Member to SwingWire will be used only in connection with services provided on this Web site and will not be disseminated. While SwingWire will seek to require third-party content providers and other parties to adhere to SwingWire's privacy policies, SwingWire does not bear any responsibility for any actions or policies of such third parties. Members should be aware that when they voluntarily disclose personal information (e.g., username, email address) in the Forums, such information can be collected and used by others and may result in unsolicited messages from other posters or parties.

MISCELLANEOUS
This Agreement and any operating rules for this Web site and the Forums established by SwingWire constitute the entire agreement of the parties with respect to the subject matter hereof, superseding all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. 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. The section headings used herein are for convenience only and shall not be given any legal import. Should any portion of this Agreement be deemed illegal or unenforceable, the balance of the Agreement shall remain in full force and effect.

LEGAL NOTICE
Under California Civil Code Section 1789.3, California, you are entitled to the following specific consumer rights information with respect to pricing. Current rates for using our Services may be obtained by calling our Customer Service Department at 619-231-2923. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time upon 30 days' notice, as provided in this Agreement. Additionally, complaints may be submitted to The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs and may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

ARBITRATION
Member acknowledges and agrees that any and all disputes arising out of or in any way related to this Agreement and member's use of this Web site shall be submitted to the American Arbitration Association for resolution by binding arbitration. Member agrees he or she has consulted independent counsel before accepting the foregoing terms or, after having the opportunity, chose not to do so.