Brian Lee

TERMS, CONDITIONS & DISCLAIMERS

ABOUT

https://www.brianleetrades.com/ ("website") is an information and educational website owned and operated by Brian Lee where it (also “we”) provides live and written content concerning various aspects of day trading to educate and inform its (also “our”) members.

We create online material, such as our Spreadsheets, which we sell on the website which is educational and informative as is our use of on line reporting sites.

We, including our traders, moderators, volunteers, members, agents, independent contractors, employees, representatives, (also collectively “us”), are not licensed financial advisors, are not registered brokers and are not registered dealers; and we DO NOT provide investment or financial advice or make investment recommendations; nor are any of us in the business of transacting trades nor will any of us agree to direct your commodity accounts or give trading advice to you in any situation, nor does any service we provide constitutes a solicitation, recommendation, promotion or endorsement of any particular security, other investment product, transaction or investment. We base our moderator’s claims on their self-reported figures, which we do not verify.

When you use our website or interact with us in any way, you acknowledge and agree that you assume all risk of any and all trades you place in the stock market; and you agree at all times to indemnify, defend and hold us and any of our Affiliates, if any and/or as described herein, harmless from and against any and all claims, actions, demands, suits, losses and costs [including attorney(s)’ fee(s)] resulting from trades you place in the market.

TERMS & CONDITIONS

CHANGES

We reserve the right to change or add to the terms of this agreement from time to time and will post the same on the website; all changes or additions will then be effective immediately and you are expected to apprise yourself of any such changes or additions and if you do not agree with the same, you are to discontinue the use of our website.

THIRD PARTY

Certain content, products, and services available on our website may include materials from third parties and we may provide links and/or pointers to such as a convenience to you. Our linking or pointing does not imply an endorsement or sponsorship of any such site, or its information, products or services offered on them or through them. We do not control or operated in any respect any information, product or service that such third parties may provide on our website or websites linked or pointed by us on our website; we are not responsible for the content, accuracy or opinion expressed in such sites and we do not investigate, monitor or check for accuracy, reliability or completeness by such third party websites; unless we have given you written approval, you may not provide a hyperlink or point to our website and we may revoke any consent we gave concerning the same at any time.

We have not made any review, independent or otherwise, of the information, claim(s) or testimonial(s) we provide, even if included in an advertisement of the resulting landing pages and we make no guarantee of warranty regarding such content. Opinions and recommendations expressed in the advertisement(s) or the subsequent landing page(s) are not ours. Some advertisement(s) may contain their own disclaimers, which may be similar to ours. We also may derive fees or other form of compensation as a result of purchases from service providers or vendors referenced on our website. The linked sites may contain information or material that some people find inappropriate or offensive; these sites are not under our control and you acknowledge that we are not responsible for the accuracy, copyright or trademark compliance, legality, decency or any association with its operations; however, from time to time we may be compensated for referring you to certain vendors, and in such circumstances, we will let you know of that relationship.

You agree that we are not responsible for examining or evaluating the content or the accuracy of such third party information/content and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party material in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

AGE

You represent that you are of legal age to enter into a binding contract with us; you must be at least 18 years old.

No one under the age of 18 may use this site; if you are under the age of 18, you are not permitted to access this website for any reason; due to the age restriction for use of our website, no information obtained by our website falls within the Children’s Online Privacy Protection Act (COPPA) and is not monitored as so doing.

We are owned and operated within the United States. This website is intended for use only by persons residing within the United States; if you access this website from any location other than the United States, you are fully responsible for compliance with the laws of the jurisdiction from which you access. We do not make any representation that our website or the content available on it that it is appropriate or permitted for use outside the United States and you may not use it from without the United State where access and/or use of this website is prohibited or violates any non U.S. laws.

RISK OF LOSS

When you interact in any manner with any or our volunteer moderators, including in any of our chat rooms, educational and/or informational topics may be discussed concerning the stock market, its technical analysis or trading techniques, trading strategies to minimize risk and enhance profits, to educate and inform the honing of your skills and confidence to begin to manage your own investments; trades represent the opinions solely of such trader who made the trade and any such opinion may have been expressed by them previously; trades do not reflect our opinion nor that of our affiliates, agents, representatives, members, employees and the like; and none of us guarantees any particular result(s) or profit(s) from the trades. Past performance is not indicative of future returns and you should not assume you will be profitable given the industry’s high failure rate. There is a learning curve to understanding the stock market and while we works to assist you in the learning curve, you must understand it’s more likely you will go through a period of failing until you either begin to trade more consistently or drop out. You must understand part of the learning curve is that before any trade you need to be educated and have a trading plan including a risk and stop in mind to prevent serious loss. Despite having a stop loss or plan there is no guarantee against any prevention of loss. Trust no one in the chat room or the Internet and if you are contacted via private message or email from any other members you should immediately alert a moderator.

Current Users and prospective users of our website should not assume they can replicate any trades reflected on the website or at the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended and/or purchased by any of us (e.g. Brian Lee our spokesperson), or product referenced directly or indirectly on this website, will be profitable or equal to corresponding past performance levels.

-Investing in any investments, including those discussed in the website, is often very risky and speculative.

-The companies discussed on the website, especially “penny stocks”, may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid and you may lose 100% of your investment.

-There is no guarantee for success of any kind. Trading in such securities can result in immediate and substantial losses of the capital invested despite a personal trading plan.

There is a risk of loss, which may be substantial, in trading securities, options, futures and FOREX, and it requires that you consider all relevant risk factors which includes your own financial situation, before placing any trade; Options involve a risk that is not suitable for all investors. Further, trades may not be suitable for you and do not take into consideration your particular financial situation or your investment objectives; none of the trades are being recommended to you because they are for educational and/or information purposes; before engaging in any trading from information obtained from us, you should first determine if it is suitable for or will adversely affect you overall financial condition, portfolio or the level of risk you are comfortable with or that is involved; you may want to consult a licensed professional or your financial advisor prior to making any trades.

We, nor our spokesperson(s), member(s), director(s), employee(s), contractor(s), moderator(s), or any other representative(s) or agent(s), in any way or manner recommends or endorses any company, product, investment or opportunity.

FURTHER, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Brian Lee, ANY OF ITS AFFILIATES, OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF ITS RESPECTIVE OFFICER(S), DIRECTOR(S), MEMBER(S), EMPLOYEE(S), INDEPENDENT CONTRACTOR(S), AGENT(S), REPRESENTATIVE(S), LICENSOR(S), OPERATIONAL SERVICE PROVIDER(S), ADVERTISER(S) OR SUPPLIER(S), AND THE LIKE, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH, OR ARISING FROM, USE OF EDUCATIONAL OR INFORMATIONAL SERVICES PROVIDED AS PART OF ITS PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

USE RULES

TESTIMONIALS

With regard to testimonials, comments or endorsements posted on our website or sent to us, you acknowledged that Brian Lee our spokesperson, or any of our members, moderators in any manner whatsoever, may use your testimonials, comments and or endorsement to promote and advertise our website. You hereby grant us permission to utilize your name, appearance, content or email or letter, voice and/or likeness in connection with any testimonial, comment or endorsement. This permission extends to publicity of our website in any and all manners and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.

You acknowledge and agree that any contributions originally created by your for us shall be deemed a “work made for hire: when the work performed is within the scope of the definition of a work made for hire as defined in U.S. Copyright Act §101, as amended.

As such, the copyrights in those works shall belong to us from their creation and we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in an and all media, now know or hereafter devised, throughout the Universe, in perpetuity, in all languages, as we determine. In the event that any of the results and/or proceeds or your submissions hereunder are not deemed a “work made for hire” under Copyright Act §101, as amended, you hereby, without any additional compensation, irrevocably assign, convey and transfer to us all of you proprietary rights, including without limitation, all copyright, service mark, trade dress, trade secrets and trademarks throughout the Universe, in perpetuity in every medium, whether now known or thereafter devised, to such material and any all right, title and interest in and to all such proprietary right in every medium, thereto now known or hereafter devised, throughout the Universe, in perpetuity. Any posted material which is or are reproductions or prior works by your shall be co-owned by us.

DISCLAIMERS

Our website is educational and provides information, providing these services in a variety of manners on our system; and we provide this for the purposes of entertaining, informing and educating our uses and/or members through a variety of distribution channels and methods.

Our content consists of solely educational and information material and may be viewed as impersonal investment related information, which is based upon our review of current opinions and viewpoints in the marketplace and statistical and financial data and independent research we obtain from others.

Investment related information we provide is purely for education and general information purposes only and not trade ideas or other references we make to a particular security in a recommendation to buy, sell or hold, that or any other security, portfolios of securities or to affect any transaction or investment strategy.

The education and information presented herein is intended for a general audience and does not purport to be nor should it be construed as specifically as advice tailored to any individual; you are encouraged to discuss any opportunities you may have or be presented with your legal counsel, financial professional, accountant or any other advisor you may seek.

Brian Lee, a our spokesperson, communicates content and editorials on this site; any statement regarding his, or any other of our moderators or contributors, “commitment” to share their personal investing strategies should not be construed or interpreted to require the disclosure of investment and strategies that are personal in nature, part of their estate or tax planning or immaterial to the scope and nature of our educational philosophy and vision.

We may provide, at our complete and unimpeded discretion, free access to our website services, content, material to any person or entity or any of our members. For example, we may give free access to our competitors in exchange for free access to their services or website content or material.

None of the information we give is tailored to your investment needs of the investment needs of any person.

We do not guarantee any of the information we provide would result in profitable investment activities. Examples used on our website are not to be interpreted or understood to be a promise or guarantee of earnings.

Materials in our product(s) or on our website, or any press release, podcast, internet broadcast, radio program (live or pre-recorded or otherwise), may contain information that includes or is based upon Forward-Looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-Looking statements give our expectations or forecasts or forecast(s) or future events and you can identify such statement by the fact that they do not strictly relate to historical or current facts, and use such words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe”, “may”, “will”, “should”, “expects”, “anticipates” or the negative thereof or other similar terms, or by language used in discussions, broadcasts or trade ideas that involve risks and uncertainties, and other words and/or terms of similar meaning in connection with a description of potential earnings or financial performance. There exists a variety of risks/uncertainties that may cause actual results to differ from the Forward-Looking statements. We do not assume any obligation to update any Forward-Looking statements whether as a result of new information, future events or otherwise, and such statements are current only as of the date they are made.

Any and all Forward-Looking statement(s) on our website or online materials, sales materials or anything produced by us, are intended to express our OPINION of earning potential and if provided, is educational information.

We do not warrant or guarantee the accurateness, completeness or adequacy of the information we provide the information included on our website of the information contained on website linked to it.

Your use of the information on our website or material liked to it is entirely at your own risk.

Employees, contractors, owners, members and others connected with our website may own positions in the equities, options, securities and /or futures or FOREX positions mentioned on our website, its contents and/or materials.

The information provided by our website, by any means, is not intended and does not constituted tax, legal, investment advice nor any such recommendation and you should obtain such advice from your own professional advisors.

WHAT WE ARE NOT

We (which includes our owners and website moderators) are not, whether registered or not, brokers or dealers, investment advisors nor financial advisors, nor an advisory service, nor do we act as such.

We do not effect transactions in securities or engage in other broker or dealer activities. We do not give investment advice or advise anyone on the value of any security or other investment instruments.

We do not recommend trades or transactions in securities, commodities, futures, FOREX or other financial instrument.

We do not direct client commodity accounts or give commodity trading advice tailored to any particular situation.

LIABILITY LIMITATION/INDEMNIFICATION

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, acts war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

WE AND OUR SOURCES DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY OUR ACTS OR OMISSIONS OR OUR SOURCES, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES. IN NO EVENT SHALL WE OR OUR SOURCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF WE OR OUR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES OUR AND OUR SOURCES’ ENTIRE LIABILITY AND YOUR SOLE REMEDY IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES.

IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON US OR OUR SOURCES, THEN YOU AGREE THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER ARISING OUT OF ANY OF OUR OR OUR SOURCES ACTS OR OMISSIONS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO US FOR THE SERVICES OR DATA FURNISHED AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE US OR OUR SOURCES FOR AN AMOUNT GREATER THAT SUCH SUM AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST US OR OUR SOURCES.

You agree to hold us harmless from any and all information provided any and all service/content/material, whether broadcast in any manner, that we provide.

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE

INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE

WEBSITE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, OUR MATERIALS AND PRODUCTS, AND ANY THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH “ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, OUR MATERIALS OR PRODUCTS OR OTHER CONTENT AND ALL OTHER SERVICES, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, OUR CONTENT, MATERIALS OR OUR PRODUCT, OUR OTHER CONTENT AND ANY OTHER SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATION OR DESTRUCTIVE PROPERTIES, INTERFERENCE, HACKING, OTHER SECURITY INTRUSIONS, DAMAGE, OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER DEFECTS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION OR SERVICES (EXCEPT FOR RETAINING THE VALUE OF YOUR VOUCHER). WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS OR SERVICES ON THIS WEBSITE, INCLUDING OUR CONTENT, OUR MATERIALS, OUR PRODUCTS, OUR OTHER CONTENT AND ANY OTHER SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY AND/OR OUR AFFILIATES ARISING IN CONNECTION WITH THESE TERMS OF

USE AND YOUR USE OF OUR WEBSITE OR OUR PRODUCTS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US FOR A SINGLE PRODUCT OR SERVICE. YOU ALSO AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,

NEGLIGENCE, WILL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR OTHERWISE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHER CLAIM) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE, OUR PRODUCT OR OUR SERVICES, INCLUDING ITS ASSOCIATED CONTENT, MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

THE DISCLAIMER AND LIMITATION OF LIABILITY AND DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL TO THE BASIS OF THIS AGREEMENT BETWEEN YOU AND US.

THIS WEBSITE, OUR CONTENT, OUR MATERIALS AND OUR PRODUCT WOULD NOT BE AVAILABLE TO YOU WITHOUT SUCH DISCLAIMERS AND LIMITATION OF LIABILITY AND DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAWS.)

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY MATERIALS ON OR RELATED TO OUR WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, HARASSING, INFRINGING OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO STOP USING THE WEBSITE.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, EXPENSES OR

LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR PURCHASE OF

PRODUCTS OR SERVICES SOLD BY US.

All of the information on this website, whether historical in nature or Forward-Looking speaks on as of the date the information is posted on our website and we do not undertake any obligation to update such information after it is posted or to remove such information from our website if it is not, or is no longer, accurate or complete.

We reserve all our rights under this agreement as well as under the provisions of any applicable law. Our non-enforcement of any provision of this agreement or our non-enforcement of any applicable law, statute, rule or regulation should not be construed as our waiver of the right to enforce that same provision of this agreement under the same or different circumstances at any time in the future.

INDEMNIFICATION

You agree to defined, indemnify and hold us, our affiliates and each of our and their respective directors, members, officers, managers, subscribers, partners, employees, shareholders, agents, representative and licensors harmless from and against any and all losses, expenses, damages and costs, including reasonable attorney(s) fees that arise out of or are related to your use of our website and it’s products, services, materials and/or content in violation of this agreement by you or any other person using your account, or your violation of any rights of any other person. You agree to defend, indemnify and hold us our affiliates and each of our and their respective directors, members, officers, managers, subscribers, partners, employees, shareholders, agents, representative and licensors harmless from and against any and all losses, expenses, damages and costs, including reasonable attorney(s) fees that arise out of or are related to your purchase of our products and services. We reserve the right to take over the exclusive defense of any claims from which we are entitled to indemnification under this agreement and in such event, you agree to provide us with such cooperation and information as is reasonably requested by us.

Further, you agree to indemnify and defend us with regard to all local laws as proscribed herein.