NRGSTREAM / TYMEWARE Terms of Service


IMPORTANT: READ CAREFULLY

The following are the terms and conditions for use of the Tymeware / NRGSTREAM services including without limitation NRGSTREAM.com, NRGSTREAM Professional, NRGSTREAM Analyst, NRGSTREAM Trader and other services which may be offered from time to time by Tymeware Incorporated (referred to as "Tymeware") for use with your NRGSTREAM account login name (each feature individually and collectively referred to as the "Service").

Your use of the Service from Tymeware Inc. constitutes your acceptance of the following terms and conditions and your Agreement to abide by them.

This is a legal Agreement between you, the end user, and Tymeware Incorporated. By using the Service, you are agreeing to be bound by the terms of the Agreement. You, the single user, are granted a nonexclusive license to use this software and service under the terms stated in this Agreement. This license allows a single person to use this software.

THE SOFTWARE, THE SERVICE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.

PRIVACY. It is Tymeware's policy to respect the privacy of its members. Tymeware will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Tymeware has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Tymeware; (3) enforce the Terms of Service; or (4) act to protect the interests of its members or others. Tymeware does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account.

You agree that Tymeware may access your account, including its contents, as stated above or to respond to service or technical issues.

INFORMATION DISCLAIMER. The information contained in the Service is compiled for the usage of Tymeware customers and is furnished by various third party publishing sources. Tymeware Incorporated distributes this information without responsibility for accuracy. All information is accepted by the Tymeware customer on the condition that errors in transmission or content shall not be made the basis for any claim, demand or cause for action. The information and data is obtained from sources believed to be reliable, but we do not guarantee its accuracy. Neither the information, nor any opinion expressed, constitutes a solicitation of the purchase or sale of any securities, futures, or options.

LINKED SITES DISCLAIMER. This web site links users to sites not maintained by Tymeware. Users are advised that any use of a linked web site is solely at their risk. Tymeware cannot and does not make any warranties or representations with respect to any information available through these links and disclaims any opinions expressed on such web sites. Links to other web sites or references to products, services or publications other than those of the Tymeware do not imply the endorsement or approval of such web sites, products, services or publications by Tymeware.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS. Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Tymeware shall not be responsible or liable for any part of any such dealings or promotions.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYMEWARE INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TYMEWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TYMEWARE�S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR CANADIAN $5.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

As a condition of your use of the Service, you warrant to Tymeware that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

If any provision of this Agreement is found void, invalid or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE.

Should you have any questions concerning this agreement, please contact:
Tymeware Inc., #700, 926 5th Avenue S.W., Calgary, Alberta, Canada, T2P 0N7, or at: info@nrgstream.com.

� 2000-2010 Tymeware Incorporated. All rights reserved.