PLEASE READ THIS "TERMS OF SERVICE" AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

Empire Analytics, Inc. ("we" "us", "EA") provides the website known as fiscalzen.com, as well as all services related to the website ("the Site") subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between EA and you, the user and/or member of the Site ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or charge fees for use of the Site. You may discontinue use of the Site and cancel your membership if you do not agree with any of the changes in the terms and conditions of this Agreement. Your continued use of the site is your acceptance of any new terms and conditions or edits by us.

Be sure to review this Agreement periodically to ensure familiarity with the most current version.

Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct. While using the Site you agree not to:

• Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, mass mailing, pyramid schemes, investment opportunities, political campaigning, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

• Use the Site for any unlawful purpose;

• Use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any content;

• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;

• Engage in spamming or flooding;

• Express or imply that any statements you make are endorsed by us, without our prior written consent;

• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;

• Permit anyone else whose account or subscription was terminated to use the Site through your membership, username or password.

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

• "Frame" or "mirror" any part of the Site without our prior written authorization;

• Harvest or collect information about Site visitors or members without their express consent

While using the Site you agree to comply with all applicable laws, rules and regulations.

Membership Requirements. You must be 18 years of age or older to register as a member of this Site. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your membership name/ID and password and for restricting access to your membership account and your computer. You agree to accept responsibility for all activities that occur under your membership account.

You acknowledge that, if any information provided by you or anyone with access to your membership account, is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. EA may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, without cause.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by EA or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent through our contact form. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use. ©2008 Empire Analytics, Inc.. All Rights Reserved. All content included on this site, such as text, graphics, logos, buttons, icons, images, audio clips and data computations is the property of EA and its contractors or licensors unless otherwise stated. Such content is protected by US copyright laws. The compilation of all content on the Site is the exclusive property of EA and protected by US copyright laws. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

Fiscal Zen, fiscalzen.com, fiscalzen.com & Design, and other marks indicated on the Site are trademarks of Empire Analytics, Inc. EA’s trademarks may not be used in connection with any product or service that is not EA’s, in any manner that is likely to cause confusion among members and users, or in any manner that disparages or discredits EA. All other trademarks, service marks, and logos used on the Site not owned by EA are the trademarks, service marks, or logos of their respective owners who may or may not be affiliated with, connected to, or sponsored by EA.

Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites. The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

DISCLAIMERS. EA does not warrant that the descriptions or content on this Site are accurate, complete, reliable, current or error-free. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES DESCRIBED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM EA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCE IS EMPIRE ANALYTICS, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST MONIES OR PERSONAL DAMAGES. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.

Limitation of Liability. Neither EA, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site.

Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

Miscellaneous:

GENERAL – If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. By visiting the Site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and EA.

The terms and conditions of this Terms of Service Agreement may be edited and modified by EA at anytime.

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF SERVICE AGREEMENT

Last revised: May, 2008