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Disclaimer
AGREEMENT: DISCLOSURE AND DISCLAIMER
Readers Caution:


Joe P. Nano is a fictitious character and is not an investment advisor or a broker/dealer. Any opinions are not meant to be a solicitation or recommendation to buy, sell, or hold securities. Always complete your own due diligence and or consult your personal investment advisor before making investment decisions.

This Agreement is entered and made by and among Nano Tsunami and any person receiving any e-mail and/or correspondence from Joe P. Nano, Nano Tsunami.com or the Nano Tsunami.com and or the Joe P. Nano News Letter (hereinafter the "Newsletter") and any person entering or using the website of http://www.nano-tsunami.com (hereinafter the "Website"), or reading chat room messages by Nano Tsunami.com. By entering or using the Website or receiving the Newsletter or any such e-mail or correspondence, or reading any said chat room messages, you agree, without limitation or qualification, to be bound by, and to comply with, this Agreement and any other posted guidelines or rules applicable to any of the foregoing, which Nano Tsunami unilaterally change at anytime without notice. All such guidelines and rules are hereby incorporated by reference into this Agreement.

The Website and Newsletter are owned and operated by Nano Tsunami. The Newsletter is an electronic publication committed to providing its readers with information on selected publicly traded companies. As detailed below, Nano Tsunami accepts compensation from certain of the companies that it profiles. To the degrees enumerated herein, neither the Newsletter nor the Website should be regarded as an independent publication or source, respectively, but rather as advertisements for the profiled companies.

The Website, Newsletter, and comments made by Nano Tsunami are for informational purposes only and under no circumstances whatsoever shall Nano Tsunami, its principals, directors, officers, agents, or employees be responsible for any investment decisions made, whether based in whole or in part upon any information contained herein or therein. The Website, Newsletter, and commentary of Nano Tsunami contain opinions of Nano Tsunami and its principals, directors, officers, agents and employees, and the companies they profile. Any investment decisions shall be based on the due diligence of the investor. All orders to buy and sell shall be placed of the free will of the investor. The parties hereto, other than Nano Tsunami, hereby indemnify and hold harmless Nano Tsunami, its principals, directors, officers, agents and employees from any and all claims, demands, and causes of action arising out of or relating to this Agreement, the Website, or the Newsletter.

See the "LIMITATION OF LIABILITY" set forth below.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NANO TSUNAMI BE LIABLE TO ANY USER ON ACCOUNT OF THAT USERíS USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NANO TSUNAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO XCOMM. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL NANO TSUNAMI BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Nano Tsunami does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, advertisements or recommendations contained, distributed through, or linked, downloaded or accessed from the Website or any of the services on the Website (hereinafter also collectively referred to as the "Service(s)"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services (hereinafter also collectively referred to as the "Products").

See the "DISCLAIMER ď.

DISCLAIMER OF WARRANTIES THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NANO TSUNAMI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NANO TSUNAMI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. NANO TSUNAMI SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NANO TSUNAMI DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. NANO TSUNAMI DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. NANO TSUNAMI DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

All stock quotes should be verified with your investment manager before making investment decisions. Nothing on the Website or in the Newsletter should be construed as a solicitation to buy or sell securities. As with any stock, the stock of the profiled/featured companies involves a high degree of risk and volatility, and all investors should know that they may lose a portion or all of their investment if they decide to purchase any stock.

The accuracy and completeness of the information on this Website or in the Newsletter is only as reliable as the information that is provided to Nano Tsunami in drafting the profile/report. Nano Tsunami does not verify the information, and makes no warranty that the information is accurate.

Please note that visitors to the Website and readers of the Newsletter are cautioned that stocks are high-risk investments and that some or all of your investment can be lost. Nano Tsunami suggests that you consult a professional investment advisor before purchasing any stock. All opinions expressed on the Website and in the Newsletter are the opinions of Nano Tsunami, its principals, directors, officers, agents or employees. All information concerning the companies is received directly from the companies profiled and/or outside interviews conducted by Nano Tsunami. Nano Tsunami recommends you use the information found here as an initial starting point for conducting your own research and your own due diligence (DD) on the profiled/featured companies in order to determine your own personal opinion of the company before investing in these or any other companies.
Nano Tsunami assumes all information to be truthful and reliable; however, it cannot and does not warrant or guarantee the accuracy of this information. Nano Tsunami is not an Investment Advisor, Financial Planning Service or a Stock Brokerage Firm and in accordance with such Nano Tsunami is not offering investment advice or promoting any investment strategies. Nano Tsunami is not offering securities for sale or soliciting any offer to buy or sell securities. An offer to buy or sell can be made only with accompanying disclosure documents and only in the states and provinces for which they are approved.

Any reference on the Website or in the Newsletter to past performance(s) of companies previously profiled or stocks picked on the Website or in the Newsletter(s) are specially selected to be referenced based on the favourable performance of said companies or stocks and the companies or stocks so referenced may not be representative of all past profiles or stock picks as not all past profiles or stock picks have performed as well. Please remember that past performance does not predict future results.

On occasions Nano Tsunami may receive compensation from the companies being profiled in its Newsletter. In such a case Nano Tsunami discloses this in its Newsletter along with the exact form and amount of compensation. Nano Tsunami, its agents, employees, affiliates, subsidiaries, associates, relatives and anyone associated with Nano Tsunami in any manner reserves the right to either BUY or SELL shares in the profiled companyís stock, either BEFORE the date of the profile, DURING the date of the profile or at ANY time after the date of the profile. Do your own research and due diligence (DD) before investing in any company. Nano Tsunami merely is providing information and is in no way nor manner suggesting an investment in any company or investment opportunity. You the investor are making decisions for yourself. Nano Tsunami has an inherent conflict of interest by sending the Newsletter at the same time it or its agents, employees, affiliates, subsidiaries, associates, relatives or anyone associated with Nano Tsunami may own stock in the same company or even have been paid compensation at the time of the profile/promotion. We reserve the right to sell shares at anytime, even during the time period in which we are profiling a company. Under no circumstances shall any member of Nano Tsunami be held liable for any loss incurred by any person, individual or individuals as a result of any personís, individualís or individualsí decision to invest in any company profiled by Nano Tsunami. Viewing the Website or Newsletter or viewing stock picks on the Website or in the Newsletter shall not create under any circumstances an offer to buy or sell stock in any company. Nor shall it create any principal-agent relationship between the viewer of the Website, Newsletter or stock pick and Nano Tsunami. Short term investing involves significant risk, and you can lose some or all of your investing capital. Please contact a qualified financial planner before investing in any stocks, including those picked or profiled by Nano Tsunami.

Nano Tsunami may profile companies trading in fast moving, highly volatile markets, and any viewer of the Website or Newsletter should observe the trading behaviour of any profiled company prior to investing. Nano Tsunami selections are primarily intended for short term momentum trading and carry a high degree of risk. Past performance of Nano Tsunami is not indicative of future results. In making selections, Nano Tsunami may make use of any public information including but not limited to company issued press releases, the USA Securities and Exchange Commission (hereinafter "USA-SEC") filings, profiles from other sources, brokerage reports, newspapers, magazines, journals, electronic databases on the web, electronic message board postings on the web and other research sites. Nano Tsunami does not verify the accuracy of the information contained in said resources, and does not represent or warrant the accuracy of the information contained in those resources. Investors should at no time rely solely on the information contained on Nano Tsunami Website or in its Newsletter, and are urged to research profiled companies on their own, and make their own investment decision. Factual statements on the Website or the Newsletter or with respect to Nano Tsunami stock picks are made as of the date stated and are believed to be true at such time and are subject to change without notice.

The USA-SEC has compiled an extensive amount of information concerning online investing, including the inherent risks involved. We encourage our readers to visit the USA-SECís website to acquire this important information.

SAFE HARBOUR DISCLOSURE: The Website and Newsletter contain or incorporate by reference "forward-looking statements," including certain information with respect to plans and strategies of the profiled/featured company. As such, any statements contained herein or therein, or incorporated herein or therein by reference, that are not statements of historical fact may be deemed to be forward-looking statements. Without limiting the forgoing, the words "believe(s)," "anticipate(s)," "plan(s)," "expect(s)," "project(s)" and similar expressions are intended to identify forward-looking statements. There are a number of important factors that could cause actual events or actual results of the companies profiled herein or therein to differ materially from those indicated by such forward-looking statements. Certain statements contained herein or therein constitute forward-looking statements within the meaning of Section 27A of the USA Securities Act of 1933 and 21E of the USA Exchange Act of 1934. Such statements include, without limitation, statements regarding business and financing, business trends, future operating revenues and expenses. Although a profiled company or Nano Tsunami believes that the statements are reasonable, they can give no assurances that such expectations will prove to be correct. Investors are cautioned that any forward looking statements made by Nano Tsunami or a profiled company, or contained in any and/or all profile/research reports, the Website or Newsletter, contain no guarantee of future performance, and that the actual result may differ materially from those set forth in the forward-looking statements. Difference in results can be caused by various factors including, but not limited to, a companyís ability to be able to successfully complete planned funding agreements, to successfully market its products in competitive industries or to effectively implement its business plan or strategies. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions, or future events or performance are not statements of historical fact and may be "forward looking statements." Forward looking statements are based on expectations, estimates, and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements may be identified through the use of words such as "expects," "will," "anticipates," "estimates," "believes," "may," or by statements indicating certain actions "may," "could," or "might" occur. Nano Tsunami encourage our readers to invest carefully and review all forms of investments and read the investor information. More information on American companies can be found at http://www.sec.gov and/or the USA National Association of Securities Dealers (NASD) at: http://www.nasd.com.

THE READER SHOULD VERIFY ALL CLAIMS AND DO THEIR OWN DUE DILIGENCE BEFORE INVESTING IN ANY SECURITIES MENTIONED. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK.

The content on the Website and Newsletter are provided for informational purposes only. Use of the Website, Newsletter, Nano Tsunamiís logos, themes, or other items contained within the Website or Newsletter is prohibited without the express written consent of Nano Tsunami.

Copyright 2004 Nano Tsunami Holland.

 


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