Last Revised: Sep 10, 2010

Welcome to TomWarneReport.com!

Please read these Terms of Use (the "Agreement") carefully before using TomWarneReport.com. By using TomWarneReport.com (the "Site") or by clicking on a box that states that you agree to these Terms, you indicate your agreement to these Terms of Use. If you do not agree to these Terms, you may not use Our website. Hereafter, when we say "We", "Our", "Us", etc, we are referring to the owners and managers of TomWarneReport.com.

USE OF CONTENT

All information, graphics, photos, drawings, videos, music, sounds, and other content (including "Submissions" as defined in the next section) (collectively the "Content") on our website are owned and copyrighted by Us or Our licensors or licensees. As such, the Content is protected by copyright, trademark, and other intellectual property laws.

You may download the Content to a single computer and print any number of paper copies for your personal non-commercial home use or for classroom educational purposes, provided you do not alter the Content in any way.

You may not modify, publish, transmit, reproduce, distribute, sell, create derivative works from, display, incorporate into another web site, or in any other way exploit Our Content, in whole or in part, without the express written permission of TomWarneReport.com. You may not remove or alter any logo, trademark, hyperlink, URL, disclaimer, copyright, or other proprietary notice contained in or on the Content. You may not use our Content in any manner that suggests an association with any of our products, services, or brands.

SUBMISSIONS

In these Terms of Use, We use the word "Submissions" to mean text, ideas, suggestions, ratings, survey responses, comments, concepts, artwork, illustrations, pictures, photos, drawings, videos, music, sound recordings, characterizations, usernames, profiles, likenesses, biographical information, and other similar material that you submit, post, upload, embed, display, share, or otherwise distribute through our website or via email you send to us.

By Submitting your content, you automatically grant to TomWarneReport.com, or warrant that the owner of the content as expressly granted, the non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, fully transferable, worldwide, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate them in other works in any form, media, or technology now known or later developed, for any and all purposes including advertising, marketing, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any person or entity.

You agree to have your Submissions reviewed by us, and we reserve the right at our sole discretion to modify, to publish, or not to publish your Submissions.

You agree that you may only upload to or transmit through TomWarneReport.com content that is owned by you or for which the owner has given you express permission for distribution on the Internet. You warrant and represent that you either own or otherwise control all of the rights to your Submissions, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.

You agree that your Submission will not violate any of the Rules of Conduct described below.

It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. We caution you to not disclose personal information about yourself or your children, such as social security numbers, credit card numbers, names of children, birthdates, etc.

You agree to indemnify and hold Us and Our affiliated companies harmless for any and all claims or demands, including reasonable attorneys' fees, that arise from or otherwise relate to your use of our Services, any content you submit, or your violation of these Terms or the rights of another.

SUGGESTIONS AND IDEAS

We welcome comments about our products and services. However, to avoid misunderstandings, we ask that you do not send us your (or someone else's) creative ideas unless you fully understand these Terms of Use. We ask this to avoid misunderstandings that may arise if the work of our creative staff is or ends up being similar to your (or someone else's) work and to ensure that you realize that Submitting your ideas does not entitle you to compensation or attribution.

If your Submissions (see the previous section) contain ideas in the form of suggestions, notes, requests, drawings, concepts, or other information (collectively, the "Information"), the Information shall be deemed the property of TomWarneReport.com. We will not be obligated to hold these Ideas confidential. We will not be obligated to reference or acknowledge your Submission, and we will not be liable or owe any compensation to you for the use or disclosure of the Information, other than such liability that arises because of copyright, trademark, or patent laws.

RULES OF CONDUCT

You agree that your Submissions will not contain anything that:

• is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• infringes or violates the rights of a third party including materials for which you do not own the rights to or are authorized to distribute
• is commercial, business-related or advertises or offers to sell any products, services or otherwise, or includes solicitations for contributions or donations
• contains a virus or other harmful component
• does not pertain to the topic or theme of the relevant posting
• is flaming, spamming, flooding, trolling, or griefing (terms generally understood and used on the Internet)
• is intentionally inaccurate or untrue

You agree to report to us any violation of these Rules of Conduct that you encounter on our site. You also agree to not hold us responsible for the actions of others who may be in violation of these terms of use.

ACCOUNTS

If you use services on TomWarneReport.com that require to create and maintain an account, you agree to provide, maintain and update true, accurate, and current information about yourself (the "Registration Information"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's or business's username, trademark, password or other account information, or another person's name, likeness, image or photograph. In addition, you agree that it is your responsibility to exit from your account at the end of each session. You are especially cautioned not to log in to your account when using any computer but your own (for security reasons).

We may at our sole discretion, suspend or terminate your account and your ability to use this site or portion of the site if you fail to comply with these terms of use, infringe copyright, submit inappropriate materials or spam, or for any other reason whatsoever.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE MATERIALS IN THIS SITE (EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR ANY MISTAKES AND NEGLIGENCE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ORGANIZATION, BUSINESS, OR PERSON USING THIS SITE AND THE CONTENT ON THIS SITE BEARS ALL RISKS AND RESPONSIBILITY FOR THE QUALITY AND PERFORMANCE OF THIS SOFTWARE.

Certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages, so the above limitation may not apply to you, which would mean that you might have the right to recover these types of damages. However, in no event shall Our total liability to you for all losses, damages, injuries, or causes of action (whether in contract, tort including, but not limited to, negligence and otherwise) exceed the amount you paid if anything to access our site.

DISCLAIMER

The Content on this site is provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent of the law, TomWarneReport.com makes no warranties, expressed or implied, and expressly disclaims all representations, oral or written, terms, conditions, and warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. TomWarneReport.com does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server on which it runs are free of viruses or other harmful components. TomWarneReport.com does not warrant or make any representation regarding the use or the results of the use of the Content on this site in terms of its correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement by destroying all materials that you have obtained from this site along with any documentation and copies of the materials. TomWarneReport.com may terminate this agreement at any time and without notice to you, if in TomWarneReport.com's sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials you have obtained from this site. By providing materials on our site, We do not guarantee that they will always be available.

OTHER

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of Utah. To the extent you have in any manner violated or threatened to violate TomWarneReport.com and/or its affiliates' intellectual property rights, TomWarneReport.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to exclusive jurisdiction and venue in such courts. In any action to enforce any right or remedy under this agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.

This is the entire agreement between the parties relating to the subject matter herein.