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Clearcut Signals .com

 

Last revised June 23, 2010

Please read our Terms of Service carefully before you use ClearcutSignals.com.

 

Agreement:

In consideration of ClearcutSignals.com (the “Website”) providing you with the content and services available through the Website (the “Service”), you acknowledge and agree to comply with these Terms of Service (“Terms of Service”) and should you subscribe to the Service to pay the associated fees and charges (or use the service for free). Current subscription rates, fees, and charges can be found on the Website. ClearcutSignals.com may offer its services free of charge for periods of time. If you do not agree to the terms and conditions contained in the Terms of Service, you may not become a member of the Service, and ClearcutSignals.com (“we”, “us,” or ClearcutSignals.com”) does not consent to provide you with access to the Service. Please review these Terms of Service, by which we provide services, which is a binding license agreement that governs your use of this Website. By using or visiting this Website, you agree to these Terms of Service and our Privacy Policy (“Privacy Policy”). These terms and conditions may be revised by us from time to time to include changes to the Service, such as eliminating or discontinuing any content or feature of the Service or changes in fees, charges, or other conditions for use of the Service (with 15-days prior notice). If you remain on the Website, and/or on your subsequent returns, you agree to abide by these Terms of Service. Any changes we make to these Terms of Service will be effective seven (7) days after notice of any change is provided to you and may be done by means including, but not limited to, a posting on this Website or via e-mail. Your use of the Service after such notice will be deemed acceptance of such changes. Because our business changes constantly, the Agreement, as well as our Privacy Policy, may change as well. Check the Website frequently to view recent changes.

 

The Service

Buy and sell transactions occurring in our trade portfolios will be e-mailed to members for the subscribed portfolio service. The same information will be available to you through the Website. The transaction notification will clearly state the trading instructions executed. Portfolio return calculations are based on the Website’s transaction prices, and our calculations are final. By using the Service, you understand that any transaction fill price available to you may be different from the transaction price used on the Website. You agree to assume 100% of the risk for any trades you make, and that ClearcutSignals.com is not liable for any losses you may incur from your trading. If you do not agree to these terms, your only remedy is to not use or visit ClearcutSignals.com

 

Risk

 

ClearcutSignals.com is a publisher, not an investment advisor, and relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. The Website and the Service are bona fide publications of general and regular circulation, offering general and impersonal market-oriented educational materials to subscribers and/or prospective subscribers. You understand that no content published as part of the Service, or any other publication distributed by ClearcutSignals.com, constitutes a recommendation to buy or sell any security or to pursue any investment strategy, nor do we suggest that any investment is suitable for any specific person. The Service is not intended as investment, tax, accounting, or legal advice; or as an offer or solicitation to sell or buy any investment; or as an endorsement, recommendation, or sponsorship of any company, security, or fund. To the extent that any of the content published as part of the Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You further understand that no information provider or affiliates associated with ClearcutSignals.com will advise you personally concerning the nature, potential, value, or suitability of any particular security, portfolio of securities, transaction, investment strategy, or other matter.

 

ClearcutSignals.com does not promise, guarantee, or imply verbally or in writing that anything taught through any printed material or displayed on the Website will necessarily result in a profit. ClearcutSignals.com is the copyright owner of all text and graphics contained on the Website. Copying, publishing, or redistributing any material in any way without the written consent of ClearcutSignals.com is strictly prohibited. The Service is for educational and informational purposes only.

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Within this Website, we publish materials that meet specific criteria representing characteristics associated with described trading strategies. Individual traders must do their own due diligence in analyzing featured stock trades and options to determine if they represent a suitable opportunity. ClearcutSignals.com, and any of their agents, affiliates, representatives, employees, principals, business associates and their affiliates, partners, or independent contractors, is not responsible for any losses or profits that may result from the application of information contained within this Website and/or the Service. Past performance is not indicative of future results. Equities and Options trading involves substantial risk. You can lose money trading stocks and options. The past results posted on the Website are meant to give you a reasonable idea of what you could have made or lost trading by following the Service but are in no way an exact reflection of what you would have made or lost. Therefore, you should not rely on our past trade results as a perfect replication of what your returns or losses would have been by following the Service. There are inherent risks involved in the stock market, and these risks should be considered prior to any decision. The representatives of ClearcutSignals.com may or may not hold a position in any equities listed at the time of publication and reserve the right to buy or sell any security, option, future, or derivative product without notification.

 

Registration and Privacy

In order to gain access to the Service, you must become a member of the Website by choosing a unique (and inoffensive) user name and password and supplying us with true, accurate, current, and complete information about yourself as required on the Registration page.

 

User Conduct

As a user, you understand and agree that all data, graphics, information, messages, or other materials, whether published, displayed, or transmitted, are your sole responsibility.

  1. violate any applicable local, state, provincial, regional, national, or international laws, statutes, and/or codes;
  2. transfer or re-sell your use of or access to the Service to any third party;
  3. e-mail, make available, post, upload, or transmit any content that is abusive, harassing, harmful, threatening, unlawful, violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or is otherwise objectionable or that you do not have a written right to transmit under any law or under any contractual agreement or relationship;
  4. provide inaccurate, misleading, or false information to us or to any other member. You agree to promptly notify us if any information provided to us or another member subsequently becomes inaccurate, misleading, or false;
  5. transmit any chain letters or junk e-mail or otherwise abuse the services and facilities provided to you;
  6. post, copy, modify, transmit, show in public or private, create any derivative works from, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  7. restrict or inhibit any other visitor from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Website;
  8. express or imply that any statements you make are endorsed by us without our prior written consent;
  9. modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the Website;
  10. “frame” or “mirror” any content available through the Service or any part of our website without our prior written consent;
  11. 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 Service or any part of the Website; and
  12. harvest or collect information about users of the Service without their express consent.

 

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Removal of Content

We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Website. We reserve the right to remove material that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, profane, indecent, or otherwise objectionable to us at our sole discretion.

 

Member Disputes

You are solely responsible for your interactions with other Registered Members. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Registered Members.

 

Proprietary Rights in Content

We own and retain proprietary rights in the Service, which contains our copyrighted material, trademarks, and other proprietary information. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service. By posting information or content in any public area of the Service, you automatically grant to us, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, and distribute such information and content; to prepare derivative works of, or incorporate into other works, such information and content; and to authorize sub-licenses of the foregoing.

 

“ClearcutSignals.com,” the ClearcutSignals.com logo, and other marks are trademarks and/or service marks of ClearcutSignals.com. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.

 

Termination

You understand and agree that the Website may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but is not be limited to: (i) breaches or violations of the Agreement or other agreements or guidelines; (ii) requests by law enforcement or other government or regulatory authorities; or (iii) technical difficulties.  

 

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; or that the Service or the server(s) on which the WEBSITE is hosted are free of viruses or other harmful components; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS WEBSITE OR THE SERVICE. BOTH THIS WEBSITE AND THE SERVICE ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICE.

By using the Service, you acknowledge that e-mail is not 100% reliable. There may be times where you do not receive an e-mail communication from the Website. You agree that the e-mail service is provided as a convenience, and that the primary source of the Service is the Website. If you do not receive any expected e-mail communication, you agree that it is your responsibility to check any spam filters or folders and to access any trade information on the Website with your assigned user name and password. The Website is not responsible for your failure to receive any specific e-mail communication.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

You assume total responsibility and risk for your use of the Service and your reliance thereon. No opinion, advice, or statement of the Website or its affiliates, suppliers, agents, members, or visitors, whether made on the Website or otherwise, shall create any warranty. Your use of the site, the content contained therein, and any materials provided through the Website are entirely at your own risk.

 

Limitation of Liability

WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE; AND (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY MEMBERS. WE DO NOT ENDORSE, GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY.

Your sole remedy for dissatisfaction with the Service is to stop using it. The sole and exclusive maximum liability to ClearcutSignals.com for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — shall be zero dollars.

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Indemnity

You agree to defend, hold harmless, and indemnify us from and against any and all claims, damages, costs, debt, losses, liabilities, obligations, and expenses arising from your use of and access to the Website; any violation by you of these Terms of Service; any violation by you of any third-party right; and any claim levied against you that your submission caused damage to a third party.

 

Governing Law; Venue and Jurisdiction

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Maryland, without regard to its conflict of law provisions. Arbitration taking place in Maryland shall be the exclusive dispute resolution process used by the parties hereto. Each of the parties hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury in respect of any litigation. The Service is directed solely to individuals over the age of 18 residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and at our sole discretion, and to limit the quantities of any such service or product that we provide.

 

Miscellaneous

If any provision of the Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in the Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the Terms of Service.  

Subscription Cancellation

You may cancel your subscription to the Service at any time by accessing the 'Options' page of the Website. Please allow at least five (5) business days for such cancellation to become effective. Due to the nature of the Service, refunds will generally not be given for the Service. Once paid, a subscription fee cannot be refunded unless a separate ClearcutSignals.com warranty policy applies. If you terminate the Service prior to expiration of your subscription, you will be able to access the Website, the Service, and continue to receive e-mails and other communications until the end of your subscription.

 

Subscription Renewal

Your subscription will continue for the period you select during registration (the “Term”) and renew automatically at the end of the Term, unless you notify us of your decision not to renew prior to the expiration of the Term. If you do not notify us, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit or debit card you designated during the registration process (or subsequently changed).

In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or debit card. You agree to pay all fees and charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys’ and collection agency fees.

 

Pricing Policy/Discounts

You agree to pay all charges, including any and all applicable sales, use, or value-added tax, for your use of the Service at the prices then in effect. Continued use of the Service or non-termination of your Membership after changes are posted constitutes your acceptance of the prices as modified by the posted changes. From time to time, we may post discounts on the Website; please read any applicable terms and conditions carefully. Payment of your account balance is due monthly or for the length of your subscription, in accordance with your payment plan, and must be made by the credit, debit card, ACH or Wire Transfer designated by you. Your card issuer’s agreement governs your use of your designated credit or debit card in connection with the Service, and you must refer to such agreement (not these Terms of Service) with respect to your rights and liabilities as a cardholder. You agree that for monthly subscriptions, ClearcutSignals.com may submit charges for your monthly service fee each month, and for other subscriptions, ClearcutSignals.com may submit charges for your applicable service fee, in each case, without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to discontinue your subscription. Such notice will not affect charges submitted before ClearcutSignals.com could reasonably act on your notice.

In case of non-payment of dues ClearcutSignals.com reserves the right to adjust or forfeit any referral commissions due to you. ClearcutSignals.com also reserves the right to cancel your services and / or terminate your membership

 

Money Back Policy

Money back policy where available will only apply to 100% refund of Maintenance fees only. Any other fees associated with the subscription will not be part of the money back policy.

 

Sweepstakes, Contests, and Games

Any sweepstakes, contests, and games that are accessible through the Website or Services are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. Furthermore, your participation in such sweepstakes, contests, or games constitutes your consent that your participation is not in violation of the rules of the state in which you reside.

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Referral Program Policy

Members need to register as a referral member and maintain their referral member status to get any applicable referral commissions. Referral commissions will be paid out according to our referral program terms, which are available on the Website.

 

Other Agreements Apply

You agree and understand that other specific disclosures, terms, and conditions apply to your use of the Website and your account. It is your continuing obligation to understand such terms, and you agree to be bound by such terms as are in effect at the time of your use or maintenance of your account as they apply. Such agreements include, but are not limited to, agreements relating to:

  1. Privacy Statement
  2. Pricing Plan
  3. Referral Program Policy
  4. Sweepstakes, Contest, and Games Policies
  5. Anything else that we may have mentioned in the Terms of Service

 

Market Data

You understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to parties that disseminate said data. You understand that neither the Website, nor any participating national securities exchange or association, nor any supplier of market data guarantees the timeliness, sequence, accuracy, completeness, reliability, or content of market information or messages disseminated to or by any party. You understand that neither ClearcutSignals.com, nor any participating national securities exchange or association, nor any supplier of market data warrants that the service will be uninterrupted or error-free.

 

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