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Terms of Service
1. Scope of Agreement: Welcome to the on-line financial information services (the "Service") provided by the ShockTrader.com web site. By registering for the Service, you agree to use the Service on these terms of service ("TOS" or "this Agreement"). Please read these TOS carefully and if you disagree with them in any way, then do not subscribe for the Service. ShockTrader.com reserves the right to post changes to the TOS on this web site or sent to you via electronic mail at any time and by your continuing to use the web site thereafter you agree to be bound by the new version of the TOS. If any TOS changes are not acceptable, you must terminate your subscription. Whenever new services become available, your use of them will be under this Agreement unless we notify you otherwise.
In these TOS "we" refers to ShockTrader.com, and "Subscriber" or "you" refer to you as a registered subscriber to the Service. This Agreement does not create any contractual or other legal relationship between you and any of our affiliated companies.
This entire agreement between you and us supersedes prior agreements regarding its subject matter. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, software or other services. We may change this Agreement at any time as we desire. When the terms are changed, notice of the changes will be posted on our website or sent to you via electronic mail. Additionally, the new version of the Agreement will be posted on our web site for your review. By continuing to use the Service, you agree to be bound by the changes in the new version of the Agreement. If any change is not acceptable, you may terminate your subscription as described below.
2. Service Limitations: All contents of the Service are provided for general information purposes only. The Service does not constitute investment advice, an endorsement of any security, or as an offer to buy or sell any security. We are not a registered broker-dealer, or financial advisor. We do not provide personal investment advice. We are a publicly available service that provides general information not specific or particular to any individual. Opinions, commentary, remarks, recommendations and other features comprising the Service are for informational purposes only and are provided without warranty of any kind.
Service selections are based on historical financial data and there is no assurance that future trading activity and prices will not vary materially from the past. An investor should not purchase any stock without careful review of all currently available information with respect to the stock. The trading of securities may not be suitable for all potential users of the Service. You should be aware of the risks inherent in the stock market. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized. The purchase of securities discussed by the Service may result in the loss of some or all of any investment made. We recommend that you consult a stockbroker or financial advisor before buying or selling securities, or making any investment decisions. You assume the entire cost and risk of any investing and/or trading you choose to undertake.
All information provided by the Service is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information on the Service is obtained, and the inherent limitations of electronic distribution, there may be delays, omissions, or inaccuracies in such information. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF THE INFORMATION PROVIDED THROUGH THE SERVICE.
3. Subscription: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, we will have the right to immediately terminate your subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone's rights or one, we consider in our sole discretion to be offensive, improper or inappropriate. If you do, we will have the right to modify or delete it. You will not give out user names and/or passwords to any other person. We reserve the right to cancel your subscription, without refund, if we discover that your subscription account is being used by more than one person, or if your username/password has been given to another person.
4. Return/Renewal Policy: Upon subscribing, you will not be billed. If you cancel within the first 30 days of signing up you will not be billed at all! If you cancel after the first 30 days you will be billed at the rate of $99 per month of service no matter which option you choose when signing up. This may result in a refund depending on the plan you signed up for and how long you have been a subscriber. Note that if you choose Option One and do not cancel within the first 30 days, your first bill will be for $198 – that is $99 for the first month and $99 for the second month. This payment is not refundable. After the first 30 days, THERE WILL BE NO REFUNDS ISSUED! If you choose any option other than option one, you will only be reimbursed for the difference and at a rate of $99 rather than the original savings plan. If you want to cancel your subscription, YOU MUST CANCEL EITHER BY EMAIL OR PHONE, NO LATER THAN THE LAST DAY OF YOUR SUBSCRIPTION. This will insure that your credit card will not be billed the following month.
All subscriptions are automatically renewed at the end of their initial term. For instance, if an annual subscriber joins on the 10th of January, that subscription will be automatically renewed on January 10th the following year, unless cancelled by the last day of the month in December. It is your responsibility to provide notice of cancellation prior to the renewal date if you do not wish the subscription to be automatically renewed. If you fail to let us know not to renew your membership THERE WILL BE NO REFUNDS ISSUED for renewed memberships.
5. License to Use: The Service, and the content and information it provides, are the property of ShockTrader.com. You are granted only a limited personal use license to access, display, download, format and print the information provided by the Service solely for your own personal non-commercial use, provided that it is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the Service or its information, or create a derivative work of the Service or information on any other web site or as part of any educational, training or reference materials, post such information to news groups, mail lists or electronic bulletin boards, or grant access to the Service to any other person, without our prior written consent.
6. Access to Service: We do not guarantee that access to or use of the Service will be uninterrupted or error free, and shall not be liable for any unavailability of the Service. Portions of the Service may be discontinued, expanded, limited or modified at any time by us to meet the needs of our subscribers, or for technical or other reasons, without advance notice or reason. Your sole and exclusive remedy for any failure of Services shall be for ShockTrader.com to use commercially reasonable efforts to correct such failure of Services.
7. Termination: We reserve the right to cancel your subscription, without refund, if you are in breach of this Agreement.
8. DAMAGES LIMITATION: IN THE EVENT THAT SHOCKTRADER.COM IS FOUND LIABLE TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER, THE LIABILITY OF SHOCKTRADER.COM WILL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID FOR ONE MONTH OF THE SERVICES.
9. Disclosure: This web site has a full disclosure policy. No company listed has paid a fee, or otherwise compensated us, for its appearance or coverage as a selection in the Service. Personnel involved in the production of Shocktrader.com content may hold positions in any of the securities mentioned in the Service.
10. Assignment: This Agreement is personal to you, and you may not assign this Agreement, or any of your rights or obligations to anyone, and any such assignment without our consent shall be null and void. ShockTrader.com shall have the right to assign this Agreement to a subsidiary or other affiliate.
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