All customers agree to the following terms and conditions. PLEASE READ CAREFULLY. BY INDICATING YOUR ACCEPTANCE, YOU ARE AGREEING THAT YOU (or other entity) WILL BE BOUND BY THE TERMS OF THIS AGREEMENT. In addition, by accepting the terms of this agreement you represent and warrant that you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract and you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

The following are terms of a legal agreement between ConsultantHelper.com ("ConsultantHelper.com"), a website owned by FyTek, Inc., a Michigan Corporation, and the consultant (or other entity) acknowledging this Agreement ("Customer"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site or the Income/Expense Tracking service (the "Service") that ConsultantHelper.com provides.

Provision of Service
ConsultantHelper.com will provide Customer access to the Service, which will permit the processing, and retrieval of transaction data submitted by Customer (the "Customer Data") pursuant to the terms of this Agreement. ConsultantHelper.com may change Service features and functionality, as well as the terms and conditions of this Agreement, from time to time. Notice of such changes will be posted on the ConsultantHelper.com Web site (the "Web Site"), which Customer will review periodically. Customer is responsible for its own compliance with this Agreement, including without limitation the compliance of its employees, officers, agents, and any third party Customer invites to participate in the Service.

Indemnification
Customer will indemnify and hold harmless ConsultantHelper.com and its affiliates, employees, officers, directors, agents, licensors, successors and assigns from all damages and liability, including without limitation reasonable attorneys' fees, incurred as a result of: (a) Customer's violation of its obligations under this Agreement, (b) the negligent or willful acts of Customer, or (c) the violation by Customer of ConsultantHelper.com's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel, slander, or unfair trade practices in connection with the use or operation of the Service. Customer's obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

Termination and Cessation of Service
(a) Either party may terminate this agreement at any time. The following obligations will survive the termination of the Agreement for any reason: (i) indemnification obligations set forth in 'Indemnification' section above; and (ii) any other provision hereof where the context of such provision indicates an intent that it will survive the term or termination of this Agreement. (b) ConsultantHelper.com may deny Customer access to all or part of the Service without notice if ConsultantHelper.com believes, in its sole discretion, that Customer may have violated any of the terms of this Agreement.

If Customer chooses to discontinue the Service, an authorized representative of Customer will notify ConsultantHelper.com, in writing, regarding the request for cancellation. Customer will be responsible for all charges incurred up to the date ConsultantHelper.com receives the cancellation notice. Customer may terminate their account at any time effective the last day of their monthly billing cycle. ConsultantHelper.com will not prorate Customer's invoice for a partial month's usage following cancellation.

Limitations on Use of Service and Service Software
(a) As used herein, "Software" refers to any software incorporated into the Service. Customer will not, and will not permit, assist, or allow others to, reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate the Software or its source code. Customer will not modify or attempt to modify the Software or sublicense or charge others to use or access the Software or the Service. Customer will not use the Software or the Service in any way not expressly authorized by this Agreement. (b) Customer acknowledges that the Services is not intended for permanent storage and agrees not to use the Service for archiving or back-up purposes. Customer will not store "mission critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.

Security, Privacy, and Access
(a) ConsultantHelper.com will exercise reasonable care to prevent any unauthorized person or entity from gaining access to Customer Data. Each party will promptly notify the other of any unauthorized access to or use of Customer Data or passwords. The parties will use reasonable efforts to take remedial measures to address any such unauthorized access. ConsultantHelper.com will not be liable for any damages incurred by Customer arising out of or related to use of the Service, including without limitation in connection with any unauthorized access to or disclosure of Customer Data, resulting from the actions of Customer, any third party, or from the failure of electronic or other security measures. Customer could be held liable for losses incurred by ConsultantHelper.com or another party due to someone else using Customer's account or password. No account may be used at any time without the permission of the account holder. (b) ConsultantHelper.com has no obligation to monitor the Service. ConsultantHelper.com has the right to monitor the Service and to disclose any information arising out of it, including without limitation Customer Data, as necessary to satisfy any law, regulation, or demand of government or of internal auditors or to protect ConsultantHelper.com or its customers. ConsultantHelper.com may remove or refuse to post any materials that it finds, at its sole discretion, to be offensive, undesirable, in violation of this Agreement, or otherwise unacceptable. However, ConsultantHelper.com has no obligation to remove any such materials. (c) Customer will not use the Service to transmit or store any data that may be considered obscene or pornographic, that contains defamatory material, or that violates federal, state, or local law. (d) Customer will not disclose any account passwords to any third party not authorized to use the Service. (e) By using services provided by ConsultantHelper.com, Customer grants ConsultantHelper.com the right to list their "company" or "entity" name and logo on ConsultantHelper.com's client lists, which may appear in our marketing materials. Marketing materials include web site pages, brochures, presentations, and other related documents. Individuals will not be listed, nor will any specific information about Customer's account. Customer may request to be removed from this list at any time.

Limited Warranty
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CONSULTANTHELPER.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SHIFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CONSULTANTHELPER.COM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, COVER, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF CONSULTANTHELPER.COM OR A CONSULTANTHELPER.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will ConsultantHelper.com's total liability for damages, losses, or causes of action, whether in contract or tort, including without limitation negligence, either jointly or severally, exceed the aggregate dollar amount paid by Customer to ConsultantHelper.com in the twelve (12) months prior to the claimed injury or damage. ConsultantHelper.com is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. ConsultantHelper.com is not liable for the loss of any Customer Data. Customer's sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of ConsultantHelper.com is to discontinue using the Service.

Interruption of Service
(a) CONSULTANTHELPER.COM WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO INTERRUPTION OF, OR DEFECTS IN TRANSMISSION OF, THE SERVICE, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in transmission of the Service. (b) ConsultantHelper.com will not be liable for interruption of or delays in transmission of the Service caused by acts of God, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond ConsultantHelper.com's control.

Terms of Use Revisions
ConsultantHelper.com may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. Information on this web site is subject to change without notice, and does not represent a commitment on the part of ConsultantHelper.com Corporation, or any of its affiliates.