PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE SUBSCRIBING OR USING THIS SITE. OnlineTradingPicks.com. ("we," or "us") provides its users with a number of benefits, including access to selected articles from our premium products, newsletters, and selected tools and other services (collectively, the "Membership Service"), for their individual usage, subject to compliance with the terms and conditions set forth herein.
1. Agreement: In consideration of OnlineTradingPicks.com providing you with the Membership Service, you agree to comply with these Terms of Use for Membership (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, you may not become a member, and we do not consent to provide you with access to the Membership Service.
2. Changes to the TOU: We reserve the right at any time to: " Change the terms and conditions of the TOU; " Change the Membership Service, including eliminating or discontinuing any content or feature of the Membership Service; or " Impose fees, charges or other conditions for use of the Membership Service (with reasonable notice). Any changes we make to the TOU will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Membership Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TOU, as well as our Privacy Policy and Conflicts and Disclosure Policy may change also. You should check our web sites frequently to see recent changes. If any of the terms contained in the TOU become unacceptable to you in the future, you may cancel your membership by notifying Pay Pal. Please allow at least five business days for such cancellation to become effective.
3. Important Securities Disclaimer: You understand that buying and selling stocks / securities is risky and that you can lose some or all of your money. There is no guarantee or warranty written or implied that you will make money or not lose money. You understand that the content published does not constitute a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. Such information is impersonal and not tailored to the investment needs of any specific person. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
4. Registration and Privacy: In order to become a member and gain access to the Membership Service, you may be asked to choose a unique (and inoffensive) User Name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Membership Service. In order become a full member of OnlineTradingPicks.com, and gain access to all of the benefits of membership, you may be required to verify your email address. As a member, you also have certain other obligations relating to your account: " You may not to transfer or resell your use of or access to OnlineTradingPicks.com to any third party; " You are responsible for all activities that occur under your account; " You are responsible for maintaining the confidentiality of your User Name and password; and " You agree to notify us at [email protected] if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password.
5. OnlineTradingPicks.com Proprietary Rights: The Membership Service and the content available through the Membership Service are the property of OnlineTradingPicks.com and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Membership Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Membership Service. " OnlineTradingPicks.com" and other marks are trademarks and/or service marks of OnlineTradingPicks.com. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
6. User Conduct: You may not republish, upload, post, transmit or distribute content available through the Membership Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. In addition, in connection with your use of the Membership Service, you agree not to: " Restrict or inhibit any other visitor from using the Membership Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites; " Use the Membership Service for any unlawful purpose; " Express or imply that any statements you make are endorsed by us, without our prior written consent; " Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Membership Service or any of our web sites; " "Frame" or "mirror" any content available through the Membership Service or any of our web sites without our prior written authorization; " Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Membership Service or any of our web sites; or " Harvest or collect information about users of the Membership Service without their express consent. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Membership Service and the content made available therein.
7. Features and Links to Other Web Sites: Your use of certain services made available to you by OnlineTradingPicks.com may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk. Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. Content available through the Membership Service may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other web sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
8. Disclaimer of Warranties: THE MEMBERSHIP SERVICE, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE MEMBERSHIP SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OnlineTradingPicks.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS 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, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE MEMBERSHIP SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. OnlineTradingPicks.com AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE MEMBERSHIP SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MEMBERSHIP SERVICE OR THE SERVER(S) ON WHICH THE MEMBERSHIP SERVICE 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 MEMBERSHIP SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MEMBERSHIP SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF OnlineTradingPicks.com OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK. Any information on the OnlineTradingPicks.com site is strictly for informational purposes only and is not a recommendation or endorsement to purchase any securities that may be listed on the site. A possibility exists that content available through the Membership Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Membership Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Membership Service. In the event that such a situation arises, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.
9. Limitation of Liability: NEITHER OnlineTradingPicks.com, NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE MEMBERSHIP SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH OnlineTradingPicks.com. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP SERVICE IS TO STOP USING IT. 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 TO US BY YOU, IF ANY, FOR ACCESS TO THE MEMBERSHIP SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you and you may not use OnlineTradingPicks.com in that case.
10. Indemnification: You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives 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 violation of the TOU; (b) your use of the Membership Service; or (c) your violation of the rights of any third party.
11. Termination: You understand and agree that OnlineTradingPicks.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Membership Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
12. Refunds and Guarantees: There are no refunds or guarantees. If you forget or fail to cancel your membership, you will be charged for the full period with no refund