NEXT INNING TERMS OF USE AGREEMENT

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

Last revised: August, 2004

PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

Indie Research, LLC ("we" "us", "Indie Research") along with Vizue, LLC ("Vizue") provides the website known as NextInning.com, ("Next Inning") as well as all services related to the website ("the Site"), including various newsletters ("Newsletters") subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site or Newsletters, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between Indie Research and you, the user and/or member of the Site ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct. While using the Site you agree not to:
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
• Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about Site visitors or members without their express consent; or
• Permit anyone else whose account or subscription was terminated, or who is not a Next Inning paid or trial subscriber, to use the Site through your subscription, username or password.

While using the Site you agree to comply with all applicable laws, rules and regulations.

Registration for Subscription Sites. You must be 18 years of age or older to subscriber to this service. To have unlimited access to Next Inning's service, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You must be 18 years of age or older to subscribe to this service. Trial subscriptions are limited to one per subscriber or address per year.

You agree not to transfer or resell your use of or access to Next Inning to any third party. If you are a Next Inning subscriber, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing us at: Help@NextInning.com.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Payment and Renewal. Current subscriptions for Next Inning are available on Next Inning's Subscribe page. Payment for your subscription is due in advance of the subscription period you select. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins.

You agree to pay all fees and charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred. 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.

Cancellation. You may cancel your subscription to Next Inning by notifying our Customer Service Department at: 1-888-278-5515 (Hours of operation: Monday-Friday 9 am-9 pm EST). Cancellation will take effect no later than 10 business days after we receive your notification. Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Indie Research may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any monies that may be due according to the cancellation policy as defined on the Site, to terminate this Agreement without cause.

Claims of 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 Next Inning 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. Notices and counter-notices with respect to the Site should be sent to: Help@NextInning.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.

Ownership and Restrictions on Use. ©2004 Indie Research LLC and Vizue LLC. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

"Next Inning", "Next Inning Technology Research", "Next Inning Indicators" and the "Next Inning” tag line and logo are all trademarks and/or service marks of Indie Research . . All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site 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 Site and/or the provision of any service or product described thereon 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.

Links to Other Websites. The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

DISCLAIMERS. UNDER NO CIRCUMSTANCE IS INDIE RESEARCH LLC, VIZUE LLC AND OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.

Limitation of Liability. Neither Indie Research LLC, Vizue LLC, 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 Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. 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 by you, if any, to access the Site.

Indemnification. You agree to indemnify, defend and hold Indie Research and its officers, directors, employees, agents and representatives and Vizue and its 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 breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

Miscellaneous:

MANDATORY ARBITRATION OF DISPUTES - ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND THE INDIE RESEARCH AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, AND/OR VIZUE AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.

THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION.

If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.

THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF NEW JERSEY.

GENERAL – If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.

Indie Research LLC, and its owners and directors are not registered investment advisors, broker/dealers, or research analysts/organization.

Vizue LLC, and its owners and directors are not registered investment advisors, broker/dealers, or research analyst/organizations.

Paul McWilliams is not a registered investment advisor or research analyst.

Readers are advised that the commentary and reports provided on the Next Inning website and in its newsletters are issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and analyses included herein are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED IN THE NEXT INNING NEWSLETTER OR WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.

Readers are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report should be independently verified with the companies mentioned. Neither Indie Research, LLC, nor its officers, directors, partners, contributors or employees/consultants, AND/OR Vizue, LLC nor its officers, directors, partners, contributors or employees/consultants, accept any liability whatsoever for any direct or consequential loss arising from any use of information on this website or any use of information in its newsletters.

Indie Research, LLC, and Vizue LLC and their respective officers, directors, partners, contributors or employees/consultants may on occasion hold positions in the securities mentioned in its website and in its newsletters. Necessary disclosures are made by the respective author concerning the companies mentioned in an article written by the author.

Please note that neither Indie Research nor Vizue does not receive compensation of any kind and will never take any compensation from any companies that it mentions on its website and in its newsletters.

The terms and conditions of this Terms of Use Agreement may be edited and modified by Indie Research at any time.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT

Thank you.

NEXT INNING PRIVACY POLICY

Last revised: August, 2004

Your privacy is very important to us. We want to make your experience with Indie Research and Indie Research as enjoyable and rewarding as possible, and we want you to use all of Indie Research commentary, reports, model portfolios and newsletters with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how Indie Research collects information from all end users of Indie Research services (the "Services") -- those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Members"). It describes what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information.

Indie Research requests that you read this Privacy Policy carefully.

Personal Information Indie Research Collects and How It Is Used

Introduction

Indie Research collects information in different ways from Visitors and Members who access the various parts of our Services. We use this information primarily to provide a customized experience as you use our Services, and generally do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that law requires such disclosure or other special cases described below.

Registration

Members are asked to provide certain personal information when they sign up for our Services including name, address, telephone number and billing information (such as a credit card number and expiration date). The personal information collected from Members during the registration process is used to manage each Member's account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.

However, in instances where Indie Research and a partner jointly promote the Services, Indie Research may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, the partner may not use personal information for any other purpose.

Indie Research may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Your Credit Card Information is Secure

We are committed to handling your customer information with high standards of information security. Your credit card information is stored on a secure server and processed in encrypted form using a secured order server with Secure Socket Layer (SSL) technology. We restrict access to your personally identifiable information only to employees with proper clearance who need to know that information in order to provide products or services to you. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

PayPal, the online payment leader with over 3 million business accounts, processes the majority of our credit card orders for those Members who signed up for Services before August 28th, 2004. On September 4, 2004 we instituted a new billing platform to process credit card transactions. Users who signed up before September 4, 2004 and wish to have their transactions processed by our new internal billing platform (i.e. not PayPal) must update their account information with us, including their credit card information.

If you to prefer to place your order by telephone, you can call us during normal business hours at 1-888-278-5515 with your credit card and billing information.

What is your Credit Card Fraud Policy?

In the unlikely event that you experience unauthorized use of your credit card, promptly report the fraudulent activity to your credit card company. Under the Fair Credit Billing Act, you are only liable for the first $50 of the fraudulent charges. Please check with your credit card company to verify specific terms and conditions.

Indie Research Partners and Sponsors

Some Indie Research products and services are offered to Visitors and Members in conjunction with a non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. Indie Research may need to share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

Online Advertisements

Indie Research occasionally displays online advertisements on our website and in our newsletters and alerts. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser might tell us the audience they want to reach (for example, males between 25 and 55 years of age) and provide us with an advertisement tailored to that audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. However, Indie Research does not share personal information about its Visitors or Members with these advertisers.

Responses to Email Inquiries

When Visitors or Members send email inquiries to Indie Research, we use the return email address to answer the email inquiry we receive. Indie Reseach does not use the return email address for any other purpose and does not share the return email address with any third party.

Email Marketing From Third Party Sponsors

In addition, from time to time, Indie Research sends, on behalf of third parties, promotions via mail to some or all of its subscribers. However, in no event does Indie Research sell or otherwise transfer to third parties the email addresses of its subscribers. Indie Research strictly maintains the confidentiality of its subscribers' email addresses. In addition, users are always given the opportunity of opting-out of these promotions.

Voluntary Customer Surveys

We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if a third party conducts the survey. Participation in our customer surveys is voluntary.

We take the information we receive from individuals responding to our Customer Surveys and aggregate it with the responses from other customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated; non-personally-identifying information may be shared with third parties.

Special Cases

It is Next Inning's policy not to use or share personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, Next Inning may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Use Policy or other policies; to operate the Services properly; or to protect Next Inning and our Members.

"Cookies" and How Next Inning Uses Them

A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. Next Inning may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. If you are a Member, we will use a cookie to save your settings (which saves you time) and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information. Advertisers and partners may also use their own cookies. We do not control the use of these cookies and expressly disclaim responsibility for information collected through them.

Next Inning's Commitment to Data Security
Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

In the Event of a Change in Ownership

In the event of a change in ownership, or a merger or an acquisition of Next Inning by another entity, all (or select aspects) of Next Inning's customer information (including email addresses) may be transferred to this new entity or owner. All Next Inning subscribers and registered users will be notified within five business days of any change in ownership, merger or an acquisition of Next Inning's assets by a third party. Subscribers and users may choose to access and modify any of their registration and subscription information at that time.

Where to Direct Questions About Next Inning's Privacy Policy

If you have any questions about this Privacy Policy or the practices described herein, you may contact:
Attn: Indie Research Customer Service, 154 Witherspoon, Princeton, NJ 08540

Revisions to This Policy

Next Inning reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Next Inning encourages you to review this Policy regularly for any changes and updates.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.

Thank you.