DISCLAIMER/TERMS AND CONDITIONS OF USE
Please read this Disclaimer/Terms and
Conditions of Use (the "Terms and Conditions") which govern your use of
the PRICEphysics, ("my") Web site (sometimes referred to as the "Service
or System") and your relationship with me and all individuals and
companies associated with my Web site. If you do not agree to the Terms
and Conditions, do not use the Service. I may change the Terms and
Conditions at any time without notice to you, by posting such changes on
my Web site. By using the Service following any modifications to these
Terms and Conditions, you agree to be bound by any such modifications to
the Terms and Conditions.
By using my Web site, including any content contained therein, you
agree, that use of the Service is entirely at your own risk. I am not a
registered investment advisor or broker dealer. You assume the entire
cost, and risk of trading and are solely responsible for any and all
gains and losses, financial, emotional or otherwise, experienced,
suffered or incurred by you. All transactions you choose to engage in
with or without seeking advice from a licensed and qualified financial
advisor or entity are your sole responsibility. Any information,
opinion, advice or offer posted by any entity logged in at our Web site
is to be construed as public conversation only. I make no warranties
that trading methods or systems presented in their services or the
information herein, or obtained from advertisers or members will result
in profits or losses. I give no assurances regarding the truth,
timeliness, reliability, or good faith of any material posted. The
Information (as defined below) is not intended to provide tax, legal or
investment advice, which you should obtain from your professional
advisor prior to making any investment of the type discussed in the
Information. The Information does not constitute a solicitation by the
information providers, myself or other person(s) or entities of the
purchase or sale of securities/commodities.
This is not a solicitation to buy or sell securities. I am not an
investment advisory service or investment advisor. I do not purport to
advise, tell or suggest which securities members should buy or sell for
them. Members should always check with their licensed financial advisor
and their tax advisor to determine the suitability of any investment.
I want to emphasize that:
·· Trades can vary anywhere from a couple minutes to a couple hours or
more, and I may change from long to short or short to at anytime without
notice.
· I may sell or short or buy at anytime without notice.
· I do establish targets, and they are the last sequential Support or
Resistance levels and nothing should be construed to the contrary.
· I cannot and do not predict the future price of any security.
· I can and will change my Trend opinion on any Market at anytime
without notice.
This message contains "forward looking statements" within the meaning of
Section 27A of the Securities Act of 1933 and Section 21B of the
Securities Exchange Act of 1934. Any statements that express or involve
discussions with respect to predictions, expectations, beliefs, plans,
projections, objectives, goals, assumptions or future events or
performance are not statements of historical fact and may be "forward
looking statements." Forward looking statements are based on
expectations and at the time the statements are made that involve a
number of risks and uncertainties which could cause actual results or
events to differ materially from those presently anticipated. Forward
looking statements in this action may be identified through the use of
words such as "expects", "will," or "believes" indicating certain
actions "could," occur.
You understand and acknowledge that there is a very high degree of risk
involved in trading securities/commodities. Past results of any
individual trader published on this Web site are not indicative of
future returns by that trader, and are not indicative of future returns,
which may or may not be realized by you. I assume no responsibility or
liability for your trading and investment results.
Hypothetical performance results have many inherent limitations, some of
which are described below. No representation is being made that any
account will or is likely to achieve profits or losses similar to those
shown. In fact, there are frequently sharp differences between
hypothetical performance results and the actual results subsequently
achieved by any particular trading program. One of the limitations of
hypothetical performance results is that they are generally prepared
with the benefit of hindsight. In addition, hypothetical trading does
not involve financial risk, and no hypothetical trading record can
completely account for the impact of financial risk in actual trading,
for example, the ability to withstand losses or to adhere to a
particular trading program in spite of trading losses are material
points which can also adversely affect actual trading results. There are
numerous other factors related to the markets in general or to the
implementation of any specific trading program which cannot be fully
accounted for in the preparation of hypothetical performance results and
all of which can adversely affect actual trading results.
The indicators, strategies, columns, articles and all other features I
may provide (collectively, the "Information") is provided for
informational and educational purposes only and should not be construed
as investment advice. I may hold positions in the financial instruments
discussed here. You should not rely solely on the Information in making
any investment. Rather, you should use the Information only as a
starting point for doing additional independent research in order to
allow you to form your own opinion regarding investments. Factual
statements in this Web page are made as of the date stated and are
subject to change without notice.
By using the Information on my Web site, you assume full responsibility
for any and all gains and losses, financial, emotional or otherwise,
experienced, suffered or incurred by you. I do not guarantee the
accuracy, completeness or timeliness of, or otherwise endorse in any
way, the views, opinions or recommendations expressed in the
Information, do not give investment advice, and do not advocate the
purchase or sale of any security or investment by you or any other
individual. The Information is not intended to provide tax, legal or
investment advice, which you should obtain from your professional
advisor prior to making any investment of the type discussed in the
Information. The Information does not constitute a solicitation by the
information providers, us or other person(s) or entities of the purchase
or sale of securities/commodities.
OUR SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE,
WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES
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, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. NEITHER I NOR ANY OF MY EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO
YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
MYSELF, MY EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
I am the owner and/or authorized user of any am all trademarks,
registered trademarks and/or service marks appearing on our Web site,
and is the copyright owner or licensee of the content and/or information
on the Web site, unless otherwise indicated. Most important ones are,
but not limited to PRICEphysics™, AgMarketLogic™, LogicConcepts™,
LogicTraders™, LogicSystem™, LogicTrends™, TraderLogic™ and LogicProcess™.
I do not grant to you a license to any content, features or materials
you may access on our Web site. You may not download or save a copy of
any of the content or screens except as otherwise provided in these
Terms and Conditions, for any purpose. You may, however, print a copy of
the information on our Web site solely for your personal use or records.
If you make other use of our Web site, except as otherwise provided
above, you may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be subject to
liability for such unauthorized use. I do not grant any license or other
authorization to any user of its trademarks, registered trademarks,
service marks, other copyright material or any other intellectual
property, by including them on our Web site.
I reserve the right to change any information on our Web site, including
but not limited to revising and/or deleting features or other
information without prior notice to you. Accessing certain links within
our Web site may provide you with access to other Web sites for which we
assume no responsibility of any kind for the content, availability or
otherwise. The content of our Web site may vary depending upon your
browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access
to the World Wide Web and pay any service fees associated with such
access, and (b) provide all equipment necessary for you to make such
connection to the World Wide Web, including a computer, software, a
modem, a working telephone line or cable or DSL access.
User Conduct on Our Web Site:
While using the
Service, you may not:
1. Upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service
which is protected by copyright, or other proprietary or intellectual
property right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or right holder; or
2. Upload, post, publish, reproduce, transmit or distribute in any way
any component of the Service itself or derivative works with respect
thereto, as the Service is copyrighted as a collective work under U.S.
and International copyright laws; or
3. Upload, post, publish or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening, abusive, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute illegal activity, give rise to civil liability, or
otherwise violate any local, state, national or foreign law, including
without limitation the U.S. export laws and regulations; or
4. Upload, post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained through the
Service for commercial purposes (other than as expressly permitted by
the provider of such information, software or other material); or
5. Restrict or inhibit any other user from using and enjoying the
Service; or
6. Offer, sell or buy any security or other investment vehicle; or
7. Knowingly violate any laws, including without limitation the
Securities Act of 1933 and Securities Exchange Act, or any rule of any
securities/commodities exchange, including, without limitation, the New
York Stock Exchange or the NASDAQ/AMEX; or
8. Post or transmit any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes or other
unsolicited commercial communication (except as otherwise expressly
permitted by us ) or engage in spamming or flooding; or
9. Impersonate any other person or entity, or misrepresent your
affiliation with any other person or entity; or
10. Post or transmit any information or software, which contains a
virus, Trojan horse, worm or another harmful component.
You acknowledge and agree, however, that I do retain the right to
monitor the Service and, subject to the limitations of the my Privacy
Policy, to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect itself or its subscribers. I have no
obligation to monitor the Service. I will not intentionally monitor or
disclose any private electronic-mail message unless required by law. I
reserve the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, inappropriate or in violation of these Terms
and Conditions.
Submissions:
All information submitted to me via
this Web-site shall be deemed and remain my property, and I shall be
free to use, for any purpose, any ideas, concepts, know-how or
techniques contained in information any user of our Web site provides to
me through my Web site. I shall not be subject to any obligations of
confidentiality regarding submitted information, except as agreed by us
in writing or as otherwise specifically agreed or required by law.
Links From and To My Web Site:
You acknowledge and agree that I and
any of my Web site co-branding providers have no responsibility for the
accuracy or availability of information provided by linked Web sites.
Links to external Web-sites do not constitute an endorsement by me or my
Web-site co-branding providers of the sponsors of such sites or the
content, products, advertising or other materials presented on such
sites.
The links on my Web site may provide you with access to other Web sites
where the trading of securities/commodities is possible. You acknowledge
and agree that I shall not be responsible or liable with regard to any
trading which may be conducted on such linked trading sites or any other
Web site, which may be linked to or from my Web site. You acknowledge
and agree that you bear responsibility for your own investment research
and investment decisions, and that I shall not be liable for any
decision made or action taken by you or others based upon reliance on
information or materials obtained through use of the Service. Prior to
the execution of a securities/commodities trade, you should always
consult with your broker or other financial representative to verify
securities/commodities pricing information.
Information in the many web pages that are linked to my Web site comes
from a variety of sources. Some of this information comes from my
licensees, but much of it comes from unofficial or unaffiliated
organizations and individuals, both internal and external to me. I do
not author, edit, or monitor these unofficial pages or links. You
acknowledge and agree that I am not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or
services available on such external sites or resources.
Other Information:
If you wish to make purchases through
the Service, you may be asked by the merchant or information or service
provider from whom you are making the purchase to supply certain
information, including credit card or other payment mechanism
information. You agree not to hold me liable for any loss or damage of
any kind incurred as a result of any such dealings with any merchant or
information or service provider through the Service. You agree that all
information you provide any merchant or information or service provider
through the Service for purposes of making purchases will be accurate,
complete and current. The merchants and information and service
providers offering merchandise, information and services through the
Service set their own prices and may change prices or institute new
prices at any time. You agree to pay all charges incurred by users of
your account and credit card or other payment mechanism at the prices in
effect when such charges are incurred. You also will be responsible for
paying any applicable taxes relating to purchases through the Service.
Failure to comply with Terms and
Conditions:
You acknowledge and agree that I may
deny you access to all or part of the Service without prior notice if
you engage in any conduct or activities that I, in my sole discretion,
believe violate any of these Terms and Conditions, violate my rights, or
are otherwise inappropriate for continued access. You acknowledge and
agree that I may, in my sole discretion, deny you access, through me, to
third party services, merchandise, materials or information on the
Internet, and I shall have neither responsibility to notify any
third-party providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold me and my affiliates harmless
from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, arising in any way from your use of the
Service or the placement or transmission of any message, information,
software or other materials through the Service by you or through use of
my Web site or related to any violation of these Terms and Conditions by
you or the use of my Web site.
Miscellaneous:
The Terms and Conditions and the
relationship between you and I shall be governed by the laws of the
State of Ohio, without regard to its conflict of law provisions. You and
I each agree to submit to the personal and exclusive jurisdiction of the
courts located within the State of Ohio. Our failure to exercise or
enforce any right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision. If any provision of the
Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms and Conditions remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Service or the Terms and Conditions must be filed within six (6)
months after such claim or cause of action arose or be forever barred.