• Public Use Agreement
• Acceptance of Agreement
• Who We Are and What We Do
• Site Content
• Ownership and Use of Content
• Eligibility to Use Public Chat Rooms and Forums
• Code of Acceptable Conduct
• Modification of the Site
• Privacy Policy
• Use of Site
• Indemnification
• Nontransferable
• Disclaimer and Limits
• Third-Party Services
• Copyrights and Copyright Agents
• Ability to Terminate Services
• Securities Laws
• Information and Press Releases
• Miscellaneous

Welcome to the MerchantBanc web site. We maintain this site as a service to our customers. The following describes the terms on which we offer you access to our site, and the information, goods and services available on our site. Please review these terms carefully.

Your use of our site constitutes your agreement to comply with and be bound by the terms of use (our Public Use Agreement). You should also review our Privacy Policy. Our Public Use Agreement and our Privacy Policy may be modified by us from time to time without notice to you. Please read them carefully and review them whenever you return to our site.

MerchantBanc is not a federally insured bank, and is not a registered broker-dealer. MerchantBanc may not sell, offer to sell, or offer to buy any security. The information shown on the publicly accessible portions of our site is intended to be strictly informational. MerchantBanc does not provide, nor does it intend to provide, legal, tax, accounting or investment advice through this site. Information shown on the secure areas of this site is solely for the personal viewing of approved Members, and may not be reviewed by or distributed to any other person without MerchantBanc’s advance written approval. You agree not to apply for or use our Member Privileges as an investor unless you meet the requirements to be classified as an Accredited Investor under Rule 501 of SEC Regulation D, and our other eligibility requirements.

Stock Quotes and Historical Charts. Stock quotes appearing on our site and in e-mail alerts are supplied by StockMaster.com, Inc. Unless otherwise indicated, stock quotes are delayed at least 20 minutes. Stock quotes indicated as “real-time” are made available without delay following their receipt from StockMaster.com, Inc. Your actual receipt of real-time or delayed quotes may be affected by delays in transmission over the Internet, and by other causes.

Historical chart information is also supplied by StockMaster.com, Inc. Stock quotes and historical charts are believed to be accurate and timely (subject to the above-referenced delays), but we do not warrant or guarantee accuracy or timeliness. You should always consult a stock broker to establish actual stock prices and historical trends before making any stock trades. You may not use stock quote information or historical charts for anything other than your personal use.

Online Portfolio. If you use services offered on our site to create a personal securities portfolio or similar account or series of aggregated accounts, you are authorizing us and our agents to access third party sites designated by you, to retrieve information requested by you, and you appoint us and our agents as your agent for this limited purpose. Each time you log into such an account, you are granting us and our agents permission to process your request and use the information you have submitted to fulfill your request.

Linked Securities Firms. The online securities trading services which you may access through the links contained in our site are services of independent brokerage and mutual fund companies. In order to use these services, you must have an existing account or must set-up an account with the provider whose site you access using one of these links. We provide these links for your convenience only. We do not endorse or recommend the services of any particular brokerage or mutual fund company. The brokerage or mutual fund company you select is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of your use of such services.

MerchantBanc, Angels’ Wings, and InfusionLab™ each are either trademarks or registered trademarks of MerchantBanc. Other brands or products included in our site are trademarks, service marks, registered trademarks or registered service marks of their respective owners.

All content on our site, including all text, graphics, icons, design, and software are protected by United States and International Copyright laws and this Public Use Agreement. You may access and use the copyrighted works for personal use only. Distribution, reproduction, transmission, republication, modification display, or any other use of the material without our express written permission is strictly prohibited.

In addition to materials we create, we provide news and information from a variety of sources. All news stories, articles, and stock quotes, charts or other financial information is republished with permission. Opinions expressed in the materials we provide from other sources (such as Red Herring, the Standard, or Charlie Crane), including any securities or financial information from those sources, is strictly the opinion of the publisher and provided as a convenience to you for educational purposes only.

As a service to you, our site contains links to web sites not provided by us. These links do not constitute an endorsement of the sites they allow you to access, and we assume no responsibility for the content, security, privacy, information or services provided by such sites. If you choose to leave our site to access other sites, you do so at your own risk.

You may not use any chat room, forums, newsgroups, bulletin boards or other interactive services offered on the public areas of our site unless you provide us with the registration information required in order to be eligible for access to such interactive service, and you comply with our Code of Acceptable Conduct for use of such service. You may not use such services offered on the secure areas of our site unless you are a registered Member. We reserve the right to change our eligibility requirements and Code of Conduct for use of such services without notice to you, and to terminate your access to any of these services without notice to you.

If we permit you to use any chat room, forum, newsgroup, bulletin board or other interactive service on the public or secure areas of our site, or to otherwise publish materials on our site, you agree that you will comply with the following requirements:

• You will not solicit investments in any company or investment opportunity of any nature.
• You will not advertise goods or services or otherwise provide content with a commercial purpose.
• You will not use our site or services to harvest or collect names, or to send mass e-mails.
• You will not transmit chain letters or pyramid schemes.
• You are solely responsible for any content or comments you publish.
• You will not publish content without the permission of the copyright holder.
• You will not publish content that is defamatory to any person or entity or otherwise false or misleading in any material respects.
• You will not publish content that is vulgar, obscene, pornographic, sexually explicit, threatening or abusive in any manner.
• You will not publish content on our site if doing so would result in the breach of any contractual limitations on republication or any confidentiality agreements.
• You will not publish content or comments unless you reasonably and honestly believe that you may do so without violating any securities laws, or other state or federal laws.

We do not edit or screen the content or comments published on our site. We have no obligation to monitor any chat room, forum, newsgroup, bulletin board or other interactive service on the public or secure areas of our site, but reserve the right to remove any content or comments you publish on our site for any reason, including but not limited to any violation of this Public Use Agreement.

We update our site on a periodic basis. We reserve the right to modify our site, including the right to edit or delete any contents or other information appearing on our site, whether provided by any third parties, us or you.

Our Privacy Policy, as it may change from time to time, is a part of this Public Use Agreement, and is incorporated herein by reference.

All users of our site must utilize it in a manner that promotes the community of users on the site and does not harm or disrupt the site or interfere with the use by others. You agree not to place an unreasonable load on our infrastructure, or use any scheme device, software, or technology to disrupt or attempt to disrupt our services.

You agree to indemnify, defend and hold us and our staff as well as business partners, attorneys, sponsors and all associated parties (collectively, our "Associates") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Public Use Agreement or any injury arising from your use of our site.

Your right to use this site is not transferable. Any user name, password or right given to you to obtain information or documents from our site is not transferable. The information available is for your personal use only, and may not be distributed to any other parties except to your attorneys or financial advisors for the limited purpose of assisting you to understand such information.

THE INFORMATION FROM OR THROUGH OUR SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, DELAYS, OMISSIONS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. WE AND OUR ASSOCIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR ASSOCIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF PROGRAMS OR OTHER DATA, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON IT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Our site may include promotional materials from some of our Associates from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Associates. Associates are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and our Associates. You agree that your use of any such Associate is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OUR ASSOCIATES OR FOR ANY INFORMATION APPEARING ON ASSOCIATE SITES OR ANY OTHER SITE LINKED TO OUR SITE.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on our site; Your address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on our site can be reached as follows:

By mail:
Jean R. Gill
Copyright Agent
c/o MerchantBanc
Two Wall Street
Manchester, NH 03101
By phone: (603) 623-5500
By e-mail: jrgill@merchantbanc.com

We reserve the right to terminate your access to this site and any registration that permits you to use any of our services or any portion of our site, and to remove any information and materials you have posted on our site. We may do so in our sole discretion, without notice and without limitation, at any time and for any reason, including but not limited to: the unauthorized use of user name(s), password(s), and/or breach of this Public Use Agreement. We may discontinue your access to any information or data from any third party contained on our site or in any link to our site, at any time, with no liability to you.

Our site may contain certain statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities issued by us. None of the information contained on this site is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

Our site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

This Public Use Agreement shall be treated as though it were executed and performed in Manchester, New Hampshire, and shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of law principles). Any cause of action by you with respect to our site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations on liability and other limitations set forth in the other portions of this Public Use Agreement. The language in this agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this agreement shall be brought solely in Manchester, New Hampshire. The headings are for convenience only. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything on or associated with our site is in conflict or inconsistent with this Public Use Agreement, this Public Use Agreement shall take precedence. Our failure to enforce any provision of this Public Use Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.