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Member Agreement & Risk Disclosure
This Agreement is made between TradePick and you, the user and/or
member.
1. In no event will TraderPick be liable
to You or anyone for any direct or indirect damages, including lost profits,
trading losses, or any other problems arising out of or related to TraderPick.
2. You agree not to reproduce, retransmit, disseminate, sell, distribute,
publish, broadcast, circulate or commercially exploit the information
in any manner without the express written consent of TraderPick.
3. You acknowledge that neither TraderPick nor any of the information
is intended to supply investment, financial, tax, or legal advice. TraderPick
does not recommend any advising service or product, nor does TraderPick
offer any advice regarding the nature, potential value, or suitability
or any particular security, transaction trading or investment strategy.
4. TraderPick contains statements and statistics that have been
obtained from sources believed to be reliable but are not guaranteed either
or to accuracy or completeness. References to any specific securities
does not constitute an offer to buy or sell securities. Past performance
cannot and will not guarantee future results.
5. You agree to indemnify and hold TraderPick harmless from and
against any and all claims, losses, liability, costs and expenses, including
but not limited to attorney's fees, arising from your violation of this
agreement or any third party's rights including but not limited to copyright,
proprietary and privacy rights. This indemnification and hold harmless
obligation will survive this Agreement and your use of TraderPick.
6. TraderPick reserves the right to terminate your access to the
service, or any portion of it, at its sole discretion, without notice
and without limitation, for any reason whatsoever.
7. You agree with the "Terms
and Agreements"
8. We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the website, including adding, eliminating or discontinuing
any content on or feature of the website;
· Change any subscription fees or charges for use of the website.
Any changes we make will be effective immediately after notice of any
change is provided to you, which may be done by means including, without
limitation, posting on the website or via electronic mail. Your use of
the website after such notice will be deemed acceptance of such changes.
Be sure to review this Agreement periodically to ensure familiarity with
the most current version.
9. Risk Disclosure:
The material provided on our website is for general informational and
educational purposes only. The information provided by TraderPick is based
on sources believed to be reliable but is not guaranteed to be accurate.
No information on the website is intended as investment advice, as an
offer or solicitation of an offer to sell or buy, or as an endorsement,
recommendation or sponsorship of any company, security, or fund. Your
membership fee only pays for you to access our member's page and to receive
our Daily and Weekly email Alert. Our opinion is not to be construed as
any sort of investment advice. We cannot and do not assess or guarantee
the suitability or profitability of any particular investment, or the
potential value of any investment or informational source. The securities
mentioned on our website may be unsuitable for investors depending on
their specific investment objectives and financial position. You are responsible
for your own investment research and decisions, and should seek the advice
of qualified and registered securities professional before making any
investment. There is a substantial amount of risk in trading securities,
and the possibility exists that you can lose all or a portion of your
capital.
10. Code of Conduct:
While using the website you agree not to:
· Prohibit, restrict or inhibit any other visitor or member
from using the website, including, without limitation, by means of "hacking"
or "cracking" or defacing any portion of any of the websites;
· Use the website for any unlawful purpose;
· Express or imply that any statements you make are endorsed
by us, without our prior written consent;
· 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, pyramid schemes,
investment opportunities, or other unsolicited commercial communication
(except as otherwise expressly permitted by us);
· Engage in spamming or flooding;
· Transmit any software or other materials that contain
any virus, worm, time bomb, Trojan horse, or other harmful or disruptive
component;
· Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the site;
· Remove any copyright, trademark, or other proprietary
rights notices contained in the website;
· Frame" or "mirror" any part of the website
without our prior written authorization;
· The use any robot, spider, website 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 website;
· Harvest or collect information about website visitors
or members without their express consent; or
· Permit anyone else whose account or subscription was terminated
to use the website through your subscription, username or password.
. While using the website you agree to comply with all applicable
laws, rules and regulations.
11. Membership Access:
To have access to our website, you must be or become a member. 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 acknowledge that, if any information provided
by you is untrue, inaccurate, not current, or incomplete, we reserve the
right to terminate this Agreement and your use of the website. Access
to and use of password protected and/or secure areas of the website is
restricted to authorized members only.
Unauthorized individuals attempting to access these areas of the website
may be subject to prosecution. You agree not to transfer or resell your
use of or access to our website to any third party. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD.
12. Pricing and Promotions:
TraderPick reserves the right to change the rates for the subscription
at any time and the change shall apply to all subsequent billings immediately.
From time to time TraderPick will also hold promotions
that may include price reductions on membership fees. Such price reductions
will only be applicable to Users who sign up for membership during the
time that such promotions are made available. This promotions only apply
to new member.
13. Refund Policy:
All fess are non-refundable.
14. Renewal:
All payment plans will be automatically renew unless TraderPick is notified
via e-mail at Support Center a cancellation
request.
15. Cancellation Policy:
Subscribers may, at any time and without cause, terminate their subscription
to our services. The notice of termination must be sent by e-mail to Support
Center and must clearly indicate their first & last name and their
email address in their TraderPick contact record.
Cancellation of service is not official until Subscriber
receives email confirmation from TraderPick. If Subscriber does not receive
a cancellation confirmation within 48 hours of request (excluding weekends
and holidays), Subscriber must re-submit the cancellation and verify that
his/her email address is correct.
16. Termination:
This Agreement shall remain effective until terminated in accordance with
its terms. TraderPick may terminate this Agreement, and/or your access
to and use of the website or any portion thereof, immediately, in the
event we determine, in our sole discretion, that you have breached this
Agreement. In addition, we reserve the right, to terminate this Agreement
without cause.
17. Use of Material:
You may not reproduce, republish, sell, broadcast, upload, post, transmit,
circulate or distribute materials from the website in any manner, 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 website.
18. Disclaimers:
TraderPick is not a Registered Investment Advisor or a Broker/Dealer.
The website, the materials on the website, and any product or service
obtained or accessed through the website are provided "as is"
and without representations or warranties of any kind, either express
or implied. To the fullest extent permissible pursuant to applicable law,
TraderPick disclaim all warranties, express, implied or statutory, including,
but not limited to, implied warranties of title, non-infringement, merchantability,
and fitness for a particular purpose. Applicable law may not allow the
exclusion of implied warranties, so the above exclusions may not apply
to you. TraderPick does not warrant that your use of the website will
be uninterrupted, error-free, or secure, that defects will be corrected,
or that the website or the server(s) on which the website is hosted are
free of viruses or other harmful components. You acknowledge that you
are responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed to access and use the website, and
all charges related thereto. You assume total responsibility and risk
for your use of the website and your reliance thereon. No opinion, advice,
or statement of TraderPick, whether made on the website or otherwise,
shall create any warranty. Your use of the website and any materials provided
through the website are entirely at your own risk.
19. Inaccuracies:
It is possible that the website could include inaccuracies or errors,
or materials that violate these Terms of Use. Additionally, a possibility
exists that unauthorized alterations could be made by third parties to
the website. Although we attempt to ensure the integrity of the website,
we make no guarantees as to the websites' completeness or correctness.
In the event that such a situation arises, please contact us at Support
Center with, if possible, a description of the material to be checked
and the location (URL) where such material can be found on the website,
as well as information sufficient to enable us to contact you. We will
try to address your concerns as soon as reasonably practicable.
20. Limitation of Liability:
TraderPick specifically disclaims any liability (whether based in contract,
tort, strict liability or otherwise) for any direct, indirect, incidental,
consequential, special, exemplary, punitive, or other damages arising
out of or in any way connected with access to or use of the website (even
if TraderPick has been advised of the possibility of such damages). This
includes, but not limited to, lost profits or trading losses. Your sole
remedy for dissatisfaction with the website and/or content contained within
the website is to stop using the website. 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 website.
21. Indemnification:
You agree to indemnify, defend and hold us 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 website 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
website or any services related to the website.
22. Inherent Limitations:
Data points used to produce our results were sometimes derived through
hypothetical reasoning based on a variety of technical indicators. This
type of performance through back testing has many inherent limitations.
We do not make claims that historical performance will be indicative of
future results. There will be substantial differences between historical
performance and future performance. You understand and acknowledge that
the stock market can be a difficult environment to appreciate your capital
and an easy environment to depreciate your capital. As with any security-trading
program, there is a substantial amount of risk. Hypothetical security
trading does not involve financial risk that is incurred by actual security
trading.
23. Internet and Transmission Risks:
The use of the Internet to transmit and receive information creates additional
risk. In the event that a new signal is produced or our opinion has changed,
TraderPick will attempt to distribute this change via e-mail and to post
this change on the website. However, TraderPick cannot be responsible
for delay in transmitting the information described on this site in a
timely manner resulting from problems with Internet connectivity either
by you, or us or by slowdowns of Internet transmittal of information.
We are also not responsible for delays or interruptions in transmission
of information due to man-made or natural causes.
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2004-2009 All rights reserved
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