We are willing to provide you (the Subscriber) with this Service (defined
below) only if you agree the following terms:
1. TradingAdviser.com is a web site and subscriber-based email service
(the "Service") that provides the results of mechanical and judgemental
trading system. The system is based on historical price, volume data
and human judgement. The output of the system (trading signals) are
based on mathematical formulas and human judgement, and no consideration
is given to other fundamental economic or business factors that may
affect the quality of a particular investment. Trading systems that
performed well in the past and/or in testing may perform differently
in the future, and such differences may be materially significant.
The Trading System simulate hypothetical trading, not actual trading.
Actual trading outcomes may differ materially from hypothetical trading.
The Service does not provide investment advice. The Service makes
no attempt to customize the information provided for any individual's
financial circumstances.
2. All statements, expression of opinion, results, trading system
signals, and references to specific securities on the web site and
in the emails are not intended to be and should not be construed by
you to be a solicitation or recommendation by the Service to buy,
sell, or hold securities. References to specific security or securities
do not constitute an offer, solicitation, or recommendation to buy
or sell securities. Any opinions or ideas expressed are the opinions
of, or interpretations of statistical information developed by, TradingAdviser.com
and its affiliates are not registered investment advisors or broker
dealers and no person using the information or analysis contained
in this web site or the email trading signals associated herewith
shall be, or should consider himself or herself to be, a client of
TradingAdviser.com or otherwise owed any fiduciary duties by TradingAdviser.com.
3. Subscriber acknowledges that the risk of loss of capital in trading
stocks can be substantial. Individuals accessing this web site or
subscribing to the email trading signals associated herewith are responsible
for their own investment decisions. Individuals trading stocks should
do so in accordance with their own financial circumstances and tolerance
for risk. Investors are encouraged to consider seeking professional
investment advice prior to making any investment decisions based on
the information or analysis contained in this web site or the Email
trading signals associated herewith.
4. TradingAdviser.com does not warrant or make any representation
regarding the use of or the results of the use of the materials on
this web site or associated emails in terms of their correctness,
accuracy, reliability, profitability, or otherwise. Prices, market
data, and calculations that are presented are from sources believed
to be reliable, but TradingAdviser.com makes no guarantee as to their
accuracy, completeness, timeliness. You agree that the Service will
not have any liability, contingent or otherwise, for the accuracy,
completeness, timeliness, or correct sequencing of the information
or for any decision or action taken by you in reliance on upon the
information or the Services, or for interruption of any data, information,
or any other aspect of the Service. To the extent that any implied
warranties cannot be disclaimed under applicable law, any such implied
warranties are limited in duration to thirty (30) days from the delivery
date. The maximum aggregate liability of TradingAdviser.com and its
affiliates in connection with this Service shall not exceed the subscription
fee paid by you for the use of the Service governed by this agreement.
5. You agree to indemnify and hold harmless TradingAdviser.com and
its affiliates from and against any and all claims, loss of income,
loss of trading capital, damages, liability, costs and expenses (including
but not limited to attorneys' fees) arising out of or related to the
Service. This indemnification and hold harmless obligation will survive
this Agreement and your use of this Service.
6. TradingAdviser.com and its Affiliates may have positions in some
of the stocks mentioned in this web site or in emails, and are under
no obligation to disclose the amount of the position or when it was
acquired. TradingAdviser.com are under no obligation to make trades
based on its trading systems. TradingAdviser.com and its Affiliates
may buy, sell, sell short, or own any security at any time, and are
under no obligation to disclose its trading activities.
7. The Service reserves the right to cancel your subscription, with
or without notice, for any reason whatsoever. If you are a subscriber,
and the cancellation of your subscription is the decision of the Service
your subscription fee, if any, will be refunded in proportion to the
number of days to the end of the subscription after cancellation.
8. You agree not to reproduce, retransmit, disseminate, sell, distribute,
publish, broadcast, circulate, or commercially exploit the information
provided by the Service in any manner without the express written
consent of the Service.
9. TradingAdviser.com reserves the right at any time and from time
to time to modify the Service with or without notice.
10. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid or unenforceable, such provision shall
be severed from this Agreement and the remaining provisions shall
remain in full force and effect.
11. Subscriber assumes full responsibility for all trading decisions
and any losses incurred.
Your completion of the subscription forms and use of this service
indicate your acceptance of this agreement.