TERMS OF USE

AGREEMENT BETWEEN SUBSCRIBER AND PRAVIN GANDHI CONSULTING SERVICES

Pravin Gandhi Consulting Services (hereafter called “PGCS”) had made available JusKeepingTrackTM Web site and Jus’ Keeping Track Online Investment Portfolio Management Service (hereafter called “Jus’ Keeping TrackTM”).

This site and service are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS FOR USE OF JUS’ KEEPING TRACKTM.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at "http://www.JusKeepingTrack.com/privacy.htm" for disclosures relating to the collection and use of your information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If you wish to opt for the Free Trial, or you decide to subscribe to the paid service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PGCS immediately of any unauthorized use of your account or any other breach of security. PGCS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PGCS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

PGCS reserves the right to change the terms, conditions, and notices under which Jus’ Keeping TrackTM are offered, including but not limited to the charges associated with the use of Jus’ Keeping TrackTM. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Sites/ Services. Your continued use of Jus’ Keeping TrackTM  constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, Jus’ Keeping TrackTM is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Jus’ Keeping TrackTM.

LINKS TO THIRD PARTY SITES

Jus’ Keeping TrackTM may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of PGCS and PGCS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PGCS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is PGCS responsible if the Linked Site is not working appropriately. PGCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PGCS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites

Any dealings with third parties (including advertisers) included within the Jus’ Keeping TrackTM 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. PGCS shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Jus’ Keeping TrackTM , you will not use the Jus’ Keeping TrackTM for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Jus’ Keeping TrackTM in any manner which could damage, disable, overburden, or impair any Jus’ Keeping TrackTM (or the network(s) connected to the Jus’ Keeping TrackTM ) or interfere with any other party's use and enjoyment of the Jus’ Keeping TrackTM . You may not attempt to gain unauthorized access to the Jus’ Keeping TrackTM , other accounts, computer systems or networks connected to the Jus’ Keeping TrackTM , through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Jus’ Keeping TrackTM .

PGCS reserves the right at all times to disclose any information as PGCS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PGCS's sole discretion.

MATERIALS PROVIDED TO PGCS

PGCS does not claim ownership of the materials you provide to PGCS (including feedback and suggestions) or post, upload, input or submit to the  Jus’ Keeping TrackTM for review by the general public ("Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PGCS, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. PGCS is under no obligation to post or use any Submission you may provide and PGCS may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES/SERVICES

All content and software that is made available to view and/or download in connection with the Jus’ Keeping TrackTM is owned by and is the copyrighted work of PGCS and is protected by copyright laws and international treaty provisions.

GRANT OF LICENSE

PGCS hereby grants to you, the user, a revocable personal, non-transferable license to use the Jus’ Keeping TrackTM in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of India.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES/SERVICES AND TO THE INFORMATION THEREIN. PGCS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PGCS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PGCS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT PGCS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES/SERVICES. YOU SPECIFICALLY AGREE THAT PGCS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PGCS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES/SERVICES BY ANY THIRD PARTY.

IN NO EVENT SHALL PGCS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE USE OR PERFORMANCE OF THE  SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE  SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES/SERVICES, OR ARISING OUT OF THE USE OF THE  SITES/SERVICES,

EVEN IF PGCS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR, PGCS WILL HAVE NO LIABILITY FOR ANY DATA STORED OR USED WITH THE SITES/SERVICES, INCLUDING THE OBLIGATION OR COSTS OF RECOVERING SUCH DATA.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES/SERVICES.  THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL AND WRITTEN, EXPRESS OR IMPLIED, EXCEPT THAT IT DOES NOT EXCLUDE ANY LIAIBILITY FOR DEATH AND PERSONAL INJURY ARISING FROM PROVEN NEGLIGENCE.

TERMINATION/ACCESS RESTRICTION

PGCS reserves the right, in its sole discretion, to terminate your access to Sites/Services or any portion thereof at any time, without notice.

PGCS may also terminate or suspend your access to Jus’ Keeping TrackTM for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by PGCS. The amount of time that PGCS currently considers as an "extended" period of time may be viewed in the FA relating to the particular service. Upon termination of the Jus’ Keeping TrackTM, your right to use the Jus’ Keeping TrackTM immediately ceases.

PGCS shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

GENERAL

The provisions of this agreement shall be interpreted, determined and enforced in accordance with the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Court in Mumbai, India in all disputes arising out of or relating to the use of the Sites/Services. Use of the Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PGCS as a result of this agreement or use of the Sites/Services. You agree to indemnify and hold PGCS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage asserted by any third party due to or arising out of your use of or conduct on the Sites/Services.

PGCS reserves the right to disclose any personal information about you or your use of the  Sites/Services, including its contents, without your prior permission if PGCS 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 PGCS or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PGCS with respect to the Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PGCS with respect to the Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

© 2006 Pravin Gandhi Consulting Services. All rights reserved.