Terms of Use
For Educational Use Only
A. THIS IS NOT FINANCIAL ADVICE
I AM NOT AN INVESTMENT BROKER OR FINANCIAL ADVISOR. THE FINDINGS, INSIGHTS, AND VIEWS EXPRESSED ARE STRICTLY PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS FINANCIAL ADVICE OR ANY OTHER KIND OF GUIDANCE. THE COMPANY IS NOT RESPONSIBLE FOR DECISIONS YOU MAKE BASED ON THIS INFORMATION, WHETHER FINANCIAL OR OTHERWISE. INVESTORS SHOULD ALWAYS CONSULT THEIR LICENSED FINANCIAL ADVISOR WHEN DECIDING THE SUITABILITY OF ANY INVESTMENT.
B. Results Presented Are Hypothetical
The model results presented here are for the most part hypothetical. They do not include variation in trading results, fees and expenses that would be incurring in the real-world application of the method described. Historical real-world results presented here are merely an example of possible results when this method is applied to an actual portfolio. This site does not represent that any particular result, profit, or loss is likely to occur like those presented here. Given the differences in investors trade stocks, actual results can vary widely from those presented here. This method was developed using backtesting, which can benefit greatly from hindsight and the fact that no actual capital is at risk. The results presented depend on the investor’s willingness to experience periodic loss, which may not be realistic. And as always, past perormance is not a guarantee of future results. The market forces that worked in this model’s favor can change over time.
C. Use of This Site’s Contents
You acknowledge that this Service contains/provides access to stock market information and software, including but not limited to, stock market data, designs, text, graphics and links and other material (collectively, the "Content") that may be protected by copyright, trademark or other proprietary rights. All Content on the Service is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the Service are trademarks or registered trademarks of the Company. You acknowledge that the market data information provided is property of the various exchanges and other information providers and therefore subject to modifications from these sources and to all copyright and other interests maintained by the sources. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. Content consisting of downloadable software may not be reverse engineered. You may download or copy the Content only for your own personal use, except as provided elsewhere in these terms and conditions, provided that you retain on such materials all copyright and other notices contained in such Content. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.
D. User Communications or Submissions
If you transmit to or otherwise provide to the Service any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Submissions"), such User Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such User Submissions and shall be free to reproduce, use, disclose, modify, display, and distribute the User Submissions to others without limitation. By transmitting such User Submissions to the Service, you are deemed to grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how, or techniques contained in such User Submissions for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such User Submissions.
You may post on the Service any User Submissions owned by you (such as your original statements) and User Submissions for which you have received express permission from the owner. You assume all risk and responsibility for determining whether the User Submissions is in the public domain.
You grant the Company the right to edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submissions that you place on the Service without remuneration to you. You represent and warrant that you are authorized to grant all rights set forth in this paragraph.
E. Disclaimer of Warranties And Limitation of Liability
1. Users expressly agrees that use of the Service at his or her sole risk. Neither the Company, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Service.
2. the Service is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
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3. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that the Company is not liable for the defamatory, offensive, or illegal conduct of other third parties, users, or other users of the forums and that the risk of injury from the foregoing rests entirely with each user.
4. In no event will the Company or any person or entity involved in creating, producing, or distributing content of the Service be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use the Service or out of the breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content of the Service.
5. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Service. Under no circumstances will the Company be liable for any loss or damage caused by a user's reliance on information obtained through the content on the Service. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Service.
6. Under no circumstances shall the Company, its officers, directors, shareholders agents, or its third-party providers be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys' fees), whether in an action of contract, negligence, or other tortious action, that result from the use of, or the inability to use, any materials available on the Service, even if the Company has been advised of such damages.
If you are dissatisfied with any of the Service's Information or other materials, or with any of the terms and conditions contained in the Service, your sole and exclusive remedy is to discontinue using the Service. If the Company or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the Service, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company or its third-party providers.
7. The Company's affiliates or associates and/or its employees may have interests, financial or otherwise, in the securities held by any Strategies. The Company does not condone any type of "front-running" activities by its affiliates or associates and/or its employees.
F. Indemnification
User agrees to indemnify and hold the Company, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User's use of the Service or from User's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and User's use of the Service.
G. Policies May Change
User has read and agrees to the Privacy Policy and Payment & Refund Policy (the "Policies") located on the Service. The Company reserves the right to change the Policies at any time. You are responsible for regularly reviewing the Policies. Such changes, modifications, additions, or deletions shall be effective immediately. Continued use of the Service following any such changes shall constitute your acceptance of such changes.
F. Indemnification
User agrees to indemnify and hold the Company, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User's use of the Service or from User's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and User's use of the Service.
H. Modification of Terms of Use
The Company reserves the right to change this Terms of Use agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately. Continued use of the Service following any such changes shall constitute your acceptance of such changes.
I. Modifications of Service.
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree and acknowledge that if Company discontinues offering or providing the Service, certain data, information or applications, or a portion thereof for any reason, Company shall have no liability whatsoever, and your only recourse is to cancel your subscription and receive, if applicable, a pro rata refund of your unused prepaid term.
J. Governing Law
This Agreement is governed in accordance with the laws of the State of Connecticut.