Last revised: March 15, 2010

Please read our terms of use carefully before you become a member.

The Small Cap Investor LLC and its website www.thesmallcapinvestor.com ("TSCI", "we," or "us") provides its registered members with a number of membership benefits, including access to selected columns and editorial pieces, newsletters, research material and selected tools and other services (collectively, the "Membership Service" or “Service”), many of which are free of charge, for their individual usage, subject to compliance with the terms and conditions set forth herein.

The terms and conditions of this Terms of Use agreement (the “Agreement” or “TOU”) are applicable to the web site located at the domain www.thesmallcapinvestor.com (the “Site"). The Agreement sets forth the terms and conditions that apply to your use of the Site and materials offered thereon which are offered to you by TSCI.

BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY.

1. Agreement

In consideration of TSCI providing you with the Membership Service, you agree to comply with these Terms of Use for Membership (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, you may not become a member, and we do not consent to provide you with access to the Membership Service.

2. Changes to the TOU

We reserve the right at any time to:

   •  Change the terms and conditions of the TOU;
   •  Change the Membership Service, including eliminating or discontinuing any content or feature of the Membership Service; or
   •  Impose fees, charges or other conditions for use of the Membership 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 Membership Service after such notice will be deemed acceptance of such changes. Our business changes constantly, therefore the TOU, as well as our Privacy and Disclosure Policies may also change. You should check our web site frequently to see recent changes.

If any of the terms contained in the TOU become unacceptable to you in the future, you may cancel your membership by notifying our Customer Membership Service Department by email at subscribers@thesmallcapinvestor.com Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. EST. Please allow at least five business days for such cancellation to become effective

(a) Registration

All of TSCI service offerings are member based services. If you decide to use our services you will be required to register. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

When you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if TSCI suspects that your information is untrue or inaccurate, not current, or incomplete, TSCI may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personally identifiable information supplied hereunder will be subject to the terms of our Privacy Policy. TSCI reserves the right to change the nature of this relationship at any time.

(b) Passwords

Should TSCI provide to you a password, or should you select a password, that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify TSCI of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.

(c) Rules for Use of the Service

(1) Conduct Required for Use of the Service

It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind, including without limitation, any images or other material depicting Nudity as herein defined; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (iv) post or transmit any information, software or other material that is fraudulent or tortious or that violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission); (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," "chain letters," “pyramid schemes,” investment opportunities or any other forms of solicitations; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (xi) use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy; (xii) disguise a file type to thwart TSCI's detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Service, (xv) remove any copyright, trademark or other proprietary rights notice from the Service or materials originating from the Service; or (xvi) frame or mirror any part of the Service without TSCI’s express prior written consent. For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. TSCI, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. Except as otherwise expressly permitted by this Agreement or under applicable law, you may not decompile, reverse engineer, disassemble or reduce any portion of the Service to a human-readable form, or attempt to do any of the above. In accordance with mandatory statutory rights, you may decompile any portion of the Service and use such decompiled portion if, and only to the extent that, such decompilation is necessary to obtain the information necessary for an independently created program to be interoperable with the relevant portion of the Service or with another program, and the information so obtained is not used for any other purpose; provided always that prior to such decompilation you have requested the relevant information in writing to TSCI and TSCI has not provided the information within one month of your written request.

(2) Monitoring

TSCI has no obligation to monitor the use of the Service by members. You acknowledge and agree that TSCI reserves the right to, and may from time to time, monitor any and all information uploaded to this Service for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy and applicable privacy laws and regulations. Use of the Service constitutes consent to such monitoring. Furthermore, TSCI reserves the right at all times to refuse to post, alter or remove any information or materials, in whole or in part, that in TSCI's sole and absolute discretion are objectionable or in violation of this Agreement. In addition, TSCI reserves the right at all times to disclose any information posted on any portion of the Service as necessary in order to operate the Service, to protect TSCI, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents and the Service’s users, to satisfy any law, regulation or governmental request or to enforce this Agreement.

(3) License

By uploading files, inputting data, submitting content (including without limitation, comments to blogs) or engaging in any other form of communication (a "Communication") through the Service you are granting TSCI a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sub-license (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of TSCI. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through the Service, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.

(4) Content on the Service

Communications posted through the Service may be provided by users such as you who are unaffiliated with TSCI, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not TSCI, are entirely responsible for all Communications that you upload, post, email or otherwise transmit to or via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by TSCI, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. TSCI neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will TSCI be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of TSCI.

(5) Personal Safety

When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that TSCI has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Communication or any other part of the Service. If you choose to make any of your personally identifiable or other information publicly available on the Service, you do so at your own risk.

3. Important Securities Disclaimer

The Small Cap Investor LLC is an online publisher and is not registered as broker dealer or an investment adviser with the U.S. Securities and Exchange Commission or any state regulatory body. You understand that no content published as part of the Membership Service constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates provide via this website will 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 content published as part of the Membership Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that the Membership Service may contain opinions with regard to securities mentioned in other TSCI products, and that those opinions may be different from those obtained by using another TSCI product. You understand and agree that, outside contributors or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made. In addition, outside contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more outside contributors or their affiliates may have a position in the securities written about. For more information, please review our Disclosure Policy.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

When U.S. exchanges are open, stock and fund quotes (other than those obtained through the real-time quote services available to users of certain TSC products) are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment, you should consult with a qualified broker or other financial professional to verify pricing information.

4. Registration and Privacy

In order to become a member and gain access to the Membership Service, you must choose 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 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 Membership Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

In order become a full member of TSCI, and gain access to all of the benefits of membership, you will be required to verify your email address by clicking on the activation link in the Welcome Letter sent to you upon active completion of the registration form. Access to all areas of TSCI that require membership will be unavailable until your email address has been verified.

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

   •  You may not transfer to or resell your use of or access to the Membership Service to any third party;
   •  You are responsible for all activities that occur under your account;
   •  You agree to notify us at editor@thesmallcapinvestor.comif 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. Our Subscription Services

Generally

Free Trials

From time to time, we may offer our Subscription Services through a free trial. Free trials are only available to first time subscribers of the Subscription Service and cannot be combined with any other offer. Only one free trial may be redeemed per person. You must have Internet access, valid email address and a valid credit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for the length of subscription indicated during the registration process. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

At the end of any free trial period, we will begin billing your Payment Method for the indicated subscription fees corresponding to your subscription plus any applicable tax unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MEMBER CENTER" LINK AT THE HOME PAGE OF THE SERVICE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a regular basis for your subscription plan until you cancel. You may cancel your subscription at anytime. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly, or year or yearly refers to your billing cycle (See "Billing" below).

Subscription fees are subject to change. In the event of a change in any subscription fee, a notice regarding the subscription fee change will be posted at the Member Center or you will be sent an email prior to the effective date of the fee change. It is the sole responsibility of the subscribers to check this page from time to time for any such notices.

Credit Card Billing

By subscribing to a Premium Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly or yearly) subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Subscription Service. As used in these Terms of Service, "billing" shall indicate a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.

If you received a free trial, your Payment Method will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. All fees, taxes and charges are nonrefundable.

Due to the immediate availability to Proprietary content on an unlimited basis upon subscription or purchase of individual reports, there will be no refunds or credits for partially used periods, or purchased material  unless required by applicable law. If a charge to your credit card is denied for any reason, TSCI shall have the right to terminate or suspend your subscription and your access to the Subscription Service.

In the event that TSCI management deems a refund to be appropriate on a specific situation, a refund check in the approved amount will be delivered via USPS.  Please allow 4-6 weeks for refund to process and be delivered.

6. Cancellation

TSCI discloses personal information about former customers only in accordance with this Privacy Policy.

You may cancel your subscription to a Subscription Service at anytime, and cancellation will be effective at the end of the applicable period during which you notify TSCI of your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. For additional clarification, see Section 5 Credit Card Billing, above.

To cancel your subscription, please submit a request in the Contact Us section of the website with the request and reason for cancellation in the Message box.  We will honor your cancel request in accordance to the cancellation policy above.  Please allow up to 2 weeks for your information  to be removed from our  email database.

7. Account Access; Identity Protection

In order to provide you with ease of access to your account, TSCI will place a cookie (a small text file) on any computer from which you access the Service. Please see our Privacy Policy for information about cookies. When you revisit the Service, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you're a victim of identity theft and it involves a TSCI account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. TSCI reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. TSCI is not obligated to credit or discount a membership for holds placed on the account by either a representative of TSCI or by the automated processes of the Service.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. TSCI Proprietary Rights

The Membership Service and the content available through the Membership Service are the property of TSCI and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Membership Service to which you have access, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Membership Service.
If you are interested in reprinting, republishing or distributing content from TSCI, please contact our editor at editor@thesmallcapinvestor.com.

TheSmallcapInvestor.com is a trademark and/or service mark of The Small Cap Investor LLC. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

10. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Membership 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 Membership Service, you agree not to:

   •  Restrict or inhibit any other visitor from using the Membership Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites;
   •  Use the Membership 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 Membership Service or any of our web sites;
   •  "Frame" or "mirror" any content available through the Membership 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 Membership Service or any of our web sites; or
   •  Harvest or collect information about users of the Membership Service without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Membership Service and the content made available therein.

11. Features and Links to Other Web Sites

Your use of certain services made available to you by TSCI may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.

Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.

Content available through the Membership Service may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. 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.

12. Disclaimer of Warranties

The Membership Service, and any content, product or service obtained or accessed through the Membership 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, TSCI, it's 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 Membership Service.

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

TSCI 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. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use Membership Service, and all charges related thereto. You assume total responsibility and risk for your use of the Membership Service and your reliance thereon. No opinion, advice, or statement of TSCI or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and any materials provided through the site, are entirely at your own risk.

A possibility exists that content available through the Membership 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 Membership 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 Membership Service. In the event that such a situation arises, please contact our editor at editor@thesmallcapinvestor.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.

13. Limitation of Liability

Neither The Small Cap Investor LLC nor its affiliates, suppliers, advertisers, 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 Membership Service and/or any content contained therein, or any product or service used or purchased through TSCI. Your sole remedy for dissatisfaction with the Membership 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 Membership 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.

14. 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 Membership Service; or (c) your violation of the rights of any third party.

15. Termination

You understand and agree that TSCI may, under certain circumstances and without prior notice to you, terminate your access to and use of the Membership 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.

16. 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 The Small Cap Investor LLC 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 The Small Cap Investor LLC, 13750 W. Colonial Drive, Suite 350-317, Winter Garden, Florida 34787, Facsimile: (321) 221-0263, Email: editor@thesmallcapinvestor.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.

17. 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 TSCI policies referred to herein, constitutes the entire agreement between you and TSCI relating to your use of the Membership Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and TSCI are governed by and construed in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws. You and TSCI agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Orange County, Florida, 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.

All comments or questions regarding this TOU or any other aspect of the Membership Service should be directed to: editor@thesmallcapinvestor.com.