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SUBSCRIBER AGREEMENT

THIS AGREEMENT WAS LAST UPDATED ON 26 MARCH 2008

IMPORTANT -- PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT AND TERMS AND CONDITIONS BELOW. This Subscriber Agreement governs your use of NYC Cashflow’s Online Community and NYC Cashflow’s website and is a legal agreement between you and Freedom Capital, LLC. (hereinafter "FC"). BY CLICKING ON THE "I AGREE" BUTTON OR OTHERWISE USING NYC CASHFLOW'S ONLINE COMMUNITY, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you agree, click on the "I AGREE" button at the end of this Agreement. If you click "I AGREE" without actually reading or printing this license agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, click "I DISAGREE." If you click "I DISAGREE," you will not be able to proceed with the NYC Cashflow registration process and become a subscriber.

AUTOMATIC CREDIT/DEBIT CARD PAYMENT OPTIONS AGREEMENT

By accepting this Agreement, I authorize an automatic recurring payment to Freedom Capital, LLC. ("hereinafter "FC") from the credit, debit or bank card provided (the "Automatic Recurring Payment Option").
YOU AGREE THAT BY CLICKING THE "I AGREE" BUTTON OR BY YOUR OTHER USE OF THE ON-LINE COMMUNITY AND WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 4) IF YOU CLICK "I AGREE" WITHOUT ACTUALLY READING OR PRINTING THIS AGREEMENT, YOU WILL NEVERTHELESS BE LEGALLY BOUND; AND 5) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND NOT UNDER ANY DISABILITY IN MAKING A CONTRACT.

FREQUENCY OF PAYMENTS

This order is subject to credit approval. An automatic recurring payment in the amount determined by the membership option selected at the time you join the community will be made electronically once every 6 months or once every year depending on the membership option you have selected. The date the charge is processed is determined by the original date your membership started, i.e.) either the same day each month or annually on the anniversary date. I understand that this Authorization is not a one-time credit card charge authorization, but is instead a recurring authorization to charge approved purchases until this authorization is withdrawn.
I also understand that if there are any applicable bank charges for this automatic payment, I will be responsible for the payment of such charges and that any service fees or bank charges shall not be deducted from payments to FC.

AUTOMATIC RECURRING PAYMENT FAILURE

If your automatic recurring payment is declined, your Automatic Recurring Payment Option will be removed and we may restrict your ability to use the payment method that was declined (e.g., credit card) for a period of time. In the event of a decline, I give FC the authority to make corrections to any information and resubmit the charge against this credit, debit or bank card. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times.
REMEMBER: If your Automatic Recurring Payment Option fails, you will need to replenish your account with another payment method. In the event any payment is not made and you do not pay the amount due in full, your service will be terminated.

CANCELLATION OF AUTOMATIC RECURRING PAYMENT OPTION

I understand that any credit card authorization shall remain in effect until withdrawn by me. Refunds are not offered on membership purchases. The automatic payment plan will remain in effect until you give notice of cancellation to us and we have reasonable opportunity to act on that notice. Please allow 10 calendar days for processing.
This authorization will stay in effect until your FC account is paid in full.
Please perform the following steps to cancel your membership:
1. Visit http://nyccashflow.com
2. Log-in using your Username and Password
3. Click on "Contact Us" from the bottom of our main page
4. Click on "support" from the list of email contact addresses
5. Write “Cancel Subscription” in the subject, and click send
Once these steps are completed, you will receive written confirmation via e-mail within 24 hours. If you do not receive confirmation via e-mail within this timeframe, please send an e-mail to support@nyccashflow.com requesting assistance. The cancellation process must be completed within 10 business days of your scheduled Automatic Recurring Payment billing date to ensure that you are not charged for the following month. You will have access to your membership for the remainder of the period of which you have been charged. In the event that the cancellation request is not completed (and notification has not been received at support@nyccashflow.com) before your next recurring payment is processed, your account will be charged for the following month.

MEMBERSHIP CANCELLATION OF AUTOMATIC RECURRING PAYMENT OPTION

I understand that any credit card authorization shall remain in effect until withdrawn by me. NO REFUNDS will be issued. Your membership begins immediately after your credit, debit or bank card information is entered and the "Submit" button is clicked. The automatic payment plan will remain in effect until you give notice of cancellation to us and we have reasonable opportunity to act on that notice. Please allow 10 calendar days for processing.
This authorization will stay in effect until your FC account is paid in full.

REFUNDS

ALL SALES ARE FINAL. NO RETURNS, NO CREDIT, NO REFUNDS, unless specifically stated within a particular offering.

CHANGES TO THIS PLAN

I understand that these terms and conditions may be amended or modified by FC at any time with or without notice; however, FC will endeavor to provide reasonable notice of any amendments or modifications.

ACCESS TO AGREEMENT

To access this Agreement in the future through the NYC Cashflow’s website, go to "Terms of Use” on the bottom of any web page at www.nyccashflow.com.
If you are reading this for the first time, please print a copy of this Agreement for future reference.

OTHER TERMS AND CONDITIONS OF ONLINE COMMUNITY

LIMITATIONS ON USE

a. Only one individual may access nyccashflow.com at the same time using the same user name or password, unless we agree otherwise.
b. The content available through the NYC Cashflow’s website is our property or the property of our licensors and is protected by copyright and other intellectual property laws.
c. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the NYC Cashflow website to anyone, including your fellow employees, with the following exception:
(i) You may use our "Send to a Friend" service to e-mail selected articles from NYC Cashflow menu to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the NYC Cashflow website, nor may you reproduce, duplicate, copy, sell, resell or exploit any material for any commercial purpose.
(ii) You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the NYC Cashflow website to newsgroups, mail lists or electronic bulletin boards, without our written consent. To request consent for this and other matters, please contact info@nyccashflow.com.
d. You agree not to use the NYC Cashflow website for any unlawful purpose. We reserve the right to terminate or restrict your access to the NYC Cashflow website if, in our opinion, your use of the NYC Cashflow website may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable or otherwise offensive in our sole discretion.

CODE OF CONDUCT

You agree to abide by the following rules when visiting or using NYCCashflow.com:
1. No profanity within the walls of the Community
2. Keep all agreements and promises you make
3. Admit and correct mistakes quickly
4. Be willing to give and take constructive feedback
5. Communicate supportively
6. Be honest
7. Take responsibility without laying blame or justification
8. Hold each other innocent until all facts are in
9. Confidentiality must be respected
10. Commit to on-going education, personal growth and financial independence
11. Gossip destroys relationships. Be direct, forthright and resolve conflict with the source
12. Seek assistance and help from the community, when needed

TRADEMARK OR OTHER INTELLECTUAL PROPERTY

Without FC's written prior permission, you agree not to display or use in any manner, the FC Marks or any other intellectual property.

DISCUSSION FORUMS, THIRD PARTY WEB SITES, SERVICES AND SOFTWARE

We provide a service called "Discussion Forums" through the NYC Cashflow website and Yahoo Discussion forums, which is governed by additional terms that you are required to abide by at the time you register access the Discussion Forums. We may link to, or promote web sites or services from other companies on the NYC Cashflow website or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. You agree that FC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

MODIFICATION

We may discontinue or change NYCCashflow.com, or its availability to you, at any time within our sole discretion. We may also modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by either posting a change notice or a new agreement on the website or by giving you notice by e-mail or postal service. Modifications may include, for example, changes in the scope of available service. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the online community following our posting of a change notice or new agreement on our site or by giving you other notice will constitute binding acceptance of the change.

DISCLAIMERS OF WARRANTIES

FC EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE NYCCASHFLOW.COM, THE ONLINE COMMUNITY OR THE CONTENT AND FURTHER THAT THE WEBSITE OR COMMUNITY WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THEY WILL OPERATE ERROR FREE. IN ADDITION, YOU AGREE THAT FC PROVIDES ACCESS TO THE WEBSITE, ONLINE COMMUNITY AND THE SERVICES "AS IS" AND ON AN "AS AVAILABLE" BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR YOUR NEEDS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICES AND CONTENT OF THE WEBSITE AND ONLINE COMMUNITY DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE USED TO MAKE ANY INVESTMENT DECISIONS. WE DO NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DO WE ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER OF THE ONLINE COMMUNITY. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE.
FC MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO FC AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FC, IT'S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, ONLINE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF FC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF FC FOR DIRECT DAMAGES SHALL NOT EXCEED THE SUBSCRIPTOIN FEES YOU PAID FOR NYC CASHFLOW’S ONLINE COMMUNITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN FC'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

PRIVACY

Registration data and other information about you is subject to our Privacy Policy. However, any and all data collected through FC's website or the on-line community program, through sales, registration or otherwise shall belong to FC. Please note: If you are located outside of the United States, note that information that you provide to us is being sent to the United States. By subscribing to NYCCashflow.com, you understand and consent to your data being sent to the United States. The Privacy Policy can be accessed from a link located at the bottom of the NYCCashflow.com homepage.
Miscellaneous Provisions: This Agreement is the exclusive and entire agreement between you and FC concerning your use of NYCCashflow.com and the on-line community and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and FC regarding your use of NYCCashflow.com and the on-line community. You agree that this Agreement, as well as any and all claims arising from this Agreement will be construed, interpreted and governed by the laws of the State of New York, USA, without regard to its conflict of law provisions. The sole and exclusive forum for principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. Disputes arising out of or relating to this License Agreement shall be the federal and state courts sitting in Nassau County in the State of New York, USA. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

If any part of this Agreement is found to be void unenforceable or invalid, it shall not affect the other provisions of this Agreement. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to you, which means that you may not assign your rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of your rights under this Agreement.
YOU AGREE THAT BY CLICKING THE "I AGREE" BUTTON OR BY YOUR OTHER USE OF THE ON-LINE COMMUNITY AND WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 4) IF YOU CLICK "I AGREE" WITHOUT ACTUALLY READING OR PRINTING THIS AGREEMENT, YOU WILL NEVERTHELESS BE LEGALLY BOUND; AND 5) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND NOT UNDER ANY DISABILITY IN MAKING A CONTRACT.