as it explains certain restrictions imposed by law on the distribution of the information contained within our web site.
SUBSCRIPTION AND REFUND POLICY
Pro-rated, full refund or credit is NOT available under any circumstance of any kind. The subscription is charged by month (30 calendar days). New member shall pay a full monthly fee at the starting date of the access -- the first day of your monthly cycle. Monthly fee is due by the first day of every monthly cycle. All member access fees are prepaid for a one month (or bi-monthly) period. Rate is subject to change without notice. All payment shall be made in U.S. currency. Refund or credit (full or Pro-rated) is NOT available for early cancellation of subscription or downgrade of subscription.
By using the "SP500GURU" websites you agree to the terms of this "disclaimer and use agreement". By trying or subscribing to this "Daily Market Direction Bulletin" (or DMD Bulletin) and "WarRoom", you signify your agreement and assent to the following disclaimer and terms. You may review this disclaimer and use agreement at any time by clicking on the "disclaimer" link appearing on one or more pages on the website.
The "SP500GURU" website and its chat room (or WarRoom) is designed to show information in regard to position trading, day trading and scalping in the stocks, sp500 index and e-mini futures market and makes no warranties or guarantees to the content or accuracy of any information presented by any individuals in the chart rooms including those from members, trial members, and/or staff of the "SP500GURU".
By visiting the "SP500GURU" website or receiving information from its "Daily Market Direction Bulletin" and chat room (also known as: WarRoom) , you (not "SP500GURU" or its staffs) assume all risks and liabilities related to this type of investing and consequences.
It is provided with the understanding that the principles and rules of the "SP500GURU" are not engaged in rendering accounting, legal, or other professional services. Analyst research and opinions available through this website does not constitute a recommendation or a solicitation by "SP500GURU" or a recommendation or solicitation that any particular investor should purchase or sell any particular security or financial object in any amount, or at all. The Information are not intended to provide tax, legal or investment advice.
The "SP500GURU" or any of its employees do not represent themselves as acting in the position of an investment advisor or investment manager for the use of the information in this service. It is understood that no one (and no members) is allowed to follow or utilize any comments on this website. It is further understood that before anyone (or member) utilizes the techniques suggested by this service, this anyone (member) should consult a professional futures commodities broker or a competent financial advisor.
The materials and information in/from this site are provided on an "as is" basis and without warranties of any kind, either express or implied. The ideas, and information provided here do not necessarily represent those of "SP500GURU". "SP500GURU" does not warrant that the information contained herein or distributed from this site will be uninterrupted or error-free, that defects will be corrected, nor that this site or the server that makes it available are free of viruses or other harmful components.
"SP500GURU" does not warrant or make any representations regarding the use or the results of the use of the information and materials on this website in terms of their correctness, accuracy, reliability, profit, or otherwise. As the user of this or any information provided by "SP500GURU", you (and not "SP500GURU" or its agents) assume the entire cost of all necessary servicing, repair or correction.
The information and commentaries are not meant to be an endorsement or offering of any commodities, futures or stock purchases or sales. As well, they are not meant to be a guide to investment. The "SP500GURU" or its employees are in no way liable for the use of the information by others in investing or trading in investment vehicles utilizing the principles or chat room transcripts of any kind disclosed herein.
The materials and information in and provided by this site are not, and should not be construed as an offer to buy or sell any of the futures, commodities and securities named in these materials. Recommendations to buy, sell, long, short or otherwise place orders relating to futures, commodities, stocks or other securities in this chat room are the views of the individual only. You shall not follow any trades. You absolutely must make your own decisions before acting on any information gained from this website and its chat rooms. Past performance is not necessarily an indication of future performance. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Further, since the trades have not actually been executed, the results may have under-compensated or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will, or is likely to, achieve profits or losses similar to those shown. "SP500GURU" does not warrant that trading methods or systems presented in their services or the information herein, or purchased from advertisers will result in profits or losses.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION FROM THIS WEBSITE OR ITS CHAT ROOMS (or WarRoom).
Day trading futures, commodities, index futures, stocks or related options have large potential rewards, and it also has large potential risks involved. Trading may not be suitable for all users of this site or the information provided by this website. Trading by any comments posted within this website is prohibited. You (not the "SP500GURU") assume the entire cost and risk of any trading you choose to undertake.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL "SP500GURU" OR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE , THE MATERIALS OR INFORMATION ON, EVEN IF "SP500GURU" OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS website. FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE INFORMATION OR FROM INCONVENIENCE, DELAY OR LOSS OF USE OF INFORMATION OR RESEARCH REPORTS OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND, AS A CONDITION TO ACCESSING SUCH INFORMATION OR CHAT ROOM TRANSCRIPTS, YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST "SP500GURU" OR ANY OTHER PERSON WITH RESPECT TO ANY INFORMATION OR CHAT ROOM TRANSCRIPTS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION FROM THIS WEBSITE OR ITS CHAT ROOMS (or WarRoom).
Indemnity and Release
By using the "SP500GURU" web sites you agree to indemnify "SP500GURU". and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the "SP500GURU" web sites, your use of the Products and Services, or your submission of ideas and/or related materials to "SP500GURU" or from any person's use of any account or password you maintain with any portion of the "SP500GURU", regardless of whether such use is authorized by you. By using the "SP500GURU", using the Products and Services, or submitting any ideas and/or related materials to "SP500GURU", you are hereby agreeing to release "SP500GURU" and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to "SP500GURU". YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The "Daily Market Direction Bulletin" (also known as "DMD") information and chat room transcripts are the property of "SP500GURU".
Trading by any comments posted within this website is prohibited. The Information or transcripts providers or their licensers are protected by applicable copyright law.
You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate the assigned user name (or nick name or user code) and password. You agree not to trade by any information posted within this website. You agree not to post (in any room) any name, addresses, e-mail addresses, web links, or any solicitation. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the "Daily Market Direction Bulletin" information or chat room (or WarRoom) transcripts in any manner without the express written consent of "SP500GURU". Violator shall be locked out and banned at violator's expenses. We will not forward one's message to another.
"SP500GURU" reserves the right to terminate your access to the information and/or the chat room and to take any other action "SP500GURU" deems appropriate, in its sole discretion, without limitation for any reason whatever including but not limited to the unauthorized use of your "SP500GURU" user name (or user code or nick name) and password, breach of this Agreement or discontinuance of "SP500GURU"'s access to any Information or chat room or termination of one or more agreements between "SP500GURU" and the Information or its Providers. You agree not to contact any speaker who resides in the chat room or its representative. As a condition of residing in any "SP500GURU"'s chat room (or WarRoom), you represent and warrant that you are not an employee of or associated with a commodities broker, investment consultant, securities broker, dealer or investment banker.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SP500GURU website, INCLUDING THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SP500GURU DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES OFFERED THROUGH THE SP500GURU WEBSITE, INCLUDING THE SERVICE. SP500GURU DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SP500GURU DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE OR THE SP500GURU WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. UNDER NO CIRCUMSTANCES SHALL SP500GURU AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE SERVICE AND THE INFORMATION BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
This Agreement shall be governed by the law (but not the choice of law doctrines) of the state of California, regardless of whether you reside or transact business with "SP500GURU" in California or elsewhere, except that arbitration provisions shall be governed by the Federal Arbitration Act.
SUBSCRIPTION AND REFUND POLICY
Pro-rated, full refund or credit is NOT available under any circumstance of any kind. The subscription is charged by month (30 calendar days). New member shall pay a full monthly fee at the starting date of the access -- the first day of your monthly cycle. Monthly fee is due by the first day of every monthly cycle. All member access fees are prepaid for a one month (bi-month) period. Rate is subject to change without notice. All payment shall be made in U.S. currency. Refund or credit (full or Pro-rated) is NOT available for early cancellation of subscription or downgrade of subscription.