The following Terms and Conditions apply to the subscriptions for the Taking Profits newsletters, this web site, as well as all transactions conducted through the site, mail, and or telephone.
Taking Profits, also referred to as "OUR", "WE", and / or "Takingprofits.com". YOU, MY, I AND OR Me, being defined as the Subscriber or Member. SUBSCRIBER TERMS AND CONDITIONS OF USE by purchasing any services and/or newsletters from Taking Profits, Subscriber (Member) agrees to be bound by the following Terms and Conditions.
SUBSCRIPTION TERMS AND CONDITIONS
Taking Profits produces and distributes impersonal newsletters for stock trading, option trading, future trading, forex trading, and stock investors, via email and/or Internet. All information and services are for informational purposes only. Services and newsletters offered fall under the First Amendment right to Freedom of Speech and Press. Taking Profits, it's Principals, and Employees, are not Financial Advisors nor Broker Dealers nor Registered Investment Advisors.
ALL SALES ARE FINAL
All sales, either by telephone, internet, or U.S. Mail. are Final. All orders, subscriptions, and memberships are automatically renewed (recurring charges) at the price and term originally ordered. There are no refunds in whole or part once a subscription is initially ordered or automatically renewed by automatic re-bill. Terms and Condition Links are available on web site pages and are stated herein.
Without recourse I, the subscriber, agree and understand that trading involves risks and I can lose all my money. By clicking the "Place Order" button on the lower right of the shopping cart order page, I the subscriber agree this guarantees the payment of My subscription order and future automatic re-bill payments to the subscription newsletter(s) I ordered from Taking Profits. Automatic renewal or automatic rebill (re-bill) are the terms the subscriber agrees and accepts all subscriptions to be automtically renewed and rebilled at the same price and the same term going forward from the subscribers initial subscription order. I agree payment will be processed via automatic debit from my credit/debit card account. I agree and accept to automatically renew and rebill all subscription newsletters ordered upon reaching their respective renewal date whether the original term is monthly, quarterly, semi-annual, or annual. The term for automatic rebill of newsletters and/or services can be determined by using the date on the initial order invoice and counting forward to the next month, quarter, semi annual or annual subscriptions.
I understand all performance information, historical data, and trade information, stated for any newsletter may have been calculated using hypothecated trading models and not real life trades. I agree there is no representation being made that profits can be made from trading stocks or options. Taking Profits, it’s principals and employees, are not financial advisors and are not registered investment advisors. All information issued by Taking Profits is for informational use only and should not be construed as recommendations to buy or sell a stock or option. Terms are written herein as well as at www.takingprofits.com/takingprofitsterms.htm
In regards to the order page (shopping cart), by CHECKING THE BOX at Lower Left and Placing Order states you have read and accept the Terms and Conditions of Subscribing to Newsletter Subscriptions ordered, including All Sales are Final, There are No Refunds after ordering and You the Subscriber, relinquish All Rights for a Refund via your credit card bank. This includes automatic rebill of subscriptions. Any payment plan that has been agreed upon, in other words, should Taking Profits agree to extend a payment plan for it's services or newsletters, the Subscriber is bound to the agreement, thereby agreeing to make all payments to satisfaction of the debt.
All statements and expressions are the opinion of the takingprofits.com and are not meant to be either investment advice or a solicitation or recommendation to establish market position. All opinions are subject to change without notice. We, Taking Profits, (Takingprofits.com) suggests all of members to conduct thorough research relevant to decisions and verify facts from various independent sources. Takingprofits.com is not to be held responsible for individual market positions, and all trades that clients take are based on their own decisions. Taking Profits does not accept any liability for any loss or damage whatsoever, that may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained in the trading signals or in any accompanying chart analysis, whether communicated by word or message, typed or spoken by taking[profits.com personnel.
AUTOMATIC RENEWAL AND REBILL OF SUBSCRIPTIONS
All Subscriptions, memberships, and/or services, will automatically renew and rebill on it's renewal date for the same price and term as the original order. The Term (length of the Subscriptions) for automatic rebill of newsletters and/or services can be determined by using the date on the initial order invoice and counting forward to the next month, quarter,
semi annual or annual subscriptions. If at the time for renewal there is a lower price available or a shorter term available the subscriber would receive that as the rebill price and term. Therefore a annual subscription could be billed at a quarterly rate and term. I the subscriber agree and guarantee the payment of My subscription order and future automatic re-bill payments to the subscription newsletter(s) I ordered from Taking Profits. I agree payment will be processed via automatic debit from my credit/debit card account. I agree and accept to automatically renew and rebill all subscription newsletters ordered upon reaching their respective renewal date whether the original term is monthly, quarterly, semi-annual, or annual. The term for automatic rebill of newsletters and/or services can be determined by using the date on the initial order invoice and counting forward to the next month, quarter, semi annual or annual subscriptions.
Cancellation can be effectuated by an email to firstname.lastname@example.org with your name, specifying the name of the subscription (Spread Trader, Power Options, 5 Star Swing Trader, etc.). The cancellation email must be received by Taking Profits a minimum of 7 days prior the the automatic renewal date. Trades and updates will continue to be emailed to subscribers until your membership end date. Taking Profits will confirm the subscription cancellation with an email to the subscriber which will act as the confirmation.
I the subscriber agree that by placing my order I understand and Agree there are no refunds in whole or part and I can lose all your money due to the risks of the stock market and options market. I agree that the Electronic Signature signed, guarantees current payment as well as automatic recurring payments to Taking Profits via automatic debit from my credit/debit card account. There is one membership per person and one auto trade brokerage account per membership. I have read and agree to the Terms and Conditions for the Subscription herein and viewed at http://www.takingprofits.com/takingprofitsterms.htm which I understand and accept in it’s entirety. I agree there are absolutely no refunds in any amount after ordering. I acknowledge receipt of goods and/or services in the amount of the Total shown on the invoice. I agree to perform the obligations set forth in The Cardholders Agreement with the issuer. Electronic Signature for Sales Receipt: I agree completion of this order form legally acts as my signature for a credit card sales receipt, all subscription automatic re-bills going forward, and to comply with the Taking Profits Subscription Terms and Conditions. I the subscriber accept Taking Profits to send all products via email and will take the necessary steps to receive email material and not hold Taking Profits responsible for emails not received.
SUBSCRIBERS MUST READ TERMS AND DISCLAIMERS PRIOR TO SUBSCRIBING TO NEWSLETTERS
Before becoming a subscriber I agree that I have read and agree to the terms and conditions herein and of the Taking Profits website. We may change the SUBSCRIPTION TERMS AND CONDITIONS from time to time without notice to You. By using any of Our newsletters services following any modifications to the Subscriptions Terms and Conditions, I agree to be bound by any such modifications. By subscribing to Taking Profit services and newsletter, I agree to receive product information, advertisements, promotions, etc., via email from Taking Profits.
RISKS OF TRADING AND INVESTING
THERE ARE SIGNIFICANT FINANCIAL RISKS WHEN TRADING OR INVESTING IN STOCKS OR OPTIONS. THERE CAN BE SIGNIFICANT MONETARY LOSSES. SHOULD YOU DECIDE TO TRADE OR INVEST IN STOCKS OR OPTIONS, USE ONLY MONEY THAT YOU CAN AFFORD TO LOSE.
YOU, The Subscriber agree that all securities trading, whether in stocks, options, or other investment vehicles, is speculative in nature and involves substantial risk of loss. WE do not in any way warrant or guarantee the success of any action You take in reliance on Our statements, ratings, or recommendation. All securities trading, whether in stocks, options, or other investment vehicles, is speculative in nature and involves substantial risk of loss and you could lose all your money. Risk only money that can be afforded to lose. The information regarding all trading newsletters, opinions and analysis contained herein are based on sources believed to be reliable but no representation, expressed or implied, is made as to its accuracy, completeness or correctness. I UNDERSTAND AND AGREE Past performance is no guarantee of future results. Risk is solely upon that of the subscriber. Any and all past performance information, trade prices, for any and all newsletters issued by Taking Profits, www.takingprofits.com, whether listed on the web site, in an email, any spreadsheet such as excel, issued via email, may be based upon a hypothecated trading model and may not reflect actual real life trades or performance for any newsletter program.
SOME OF THE TRADE EXAMPLES IN OUR NEWSLETTERS AND NEARLY ALL OF THE HISTORICAL EXAMPLES CONTAINED IN THE MARKETING MATERIALS INCLUDE HYPOTHETICAL EXAMPLES FOR ILLUSTRATION PURPOSES. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED 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.
YOU EXPRESSLY UNDERSTAND AND AGREE:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF Taking Profits, NEWSLETTERS AND MANAGED ACCOUNT SERVICES IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH Taking Profits AND THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER Taking Profits, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING Taking Profits, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. Taking Profits MAKES NO WARRANTY THAT Taking Profits WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, Taking Profits OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
NO LIABILITY FOR Taking Profits
IN NO EVENT OR UNDER ANY CIRCUMSTANCES SHALL Taking Profits, OR ANY AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO TRADING LOSSES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Taking Profits, OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS (U.S. $100.00).
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Taking Profits, ANY AFFILIATED COMPANIES, AND SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF Taking Profits (B) Taking Profits USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
NO GUARANTEE OF FUTURE RESULTS
By subscribing to Taking Profits, newsletters, (sometimes referred to "Our"), You (Referred to as Subscriber) agree that use of the newsletters issued by Taking Profits, is for informational purposes only, and the information is used at your own risk. Taking Profits, is not a registered investment advisor nor a broker dealer. You understand that there is a high degree of risk involved in trading securities and/or options, and you can lose all your money. Past results of any trades published in Taking Profits newsletters, Taking Profits Web site, or any promotional material, are not indicative of future results and can not be interpreted as profits that were achieved or will be achieved in the future. All and any results or performance information posted, written, displayed on the Web site pages, or via email, are unaudited, and may not be an accurate representation of performance of actual trade recommendation issued in any or all newsletter services. Taking Profits, its employees, staff, or editor, assume no responsibility or liability for Subscriber's trading or investment results. Any indicators, strategies, commentaries, and/or all other features are for informational and educational purposes only, and should not be construed as investment or trading advice. The analysts, editor, or employees of Taking Profits, may take on positions in stocks discussed in it's newsletters. Contents contained in, and the performance and/or trading profit results and/or trading losses, reported for any and all Newsletters, subscriptions, and services, are believed to be reliable, but are unaudited. Results for any and/or newsletter services may contain hypothetical information. Hypothetical results do not reflect the results of any actual trading whether they are based on historical data or simulated "real time" trading. Results and performance for all trading services, programs and subscriptions are unaudited and can not be construed as actual trading performance one would have gotten if subscribed during the same period or date ad shown. Results are unaudited and the accuracy and completeness cannot be guaranteed, nor is the success or profit of any recommendation to buy or sell a stock or option. Under no circumstances should it be assumed that recommendations made now or in the future will be profitable or will equal past performance. There is absolutely no guarantee that any indicators, theory, charts or indices will assure stock market success. Taking Profits, can not guarantee that Subscribers will experience the same performance or results as posted for any service on Our web site or any other promotional material. Performance numbers shown are based on trades Subscribers could enter based on Our tracking guidelines. Any and all performance information, trade prices, for any and all newsletters issued by Taking Profits, www.takingprofits.com, whether listed on the web site, in an email, any spreadsheet such as excel, issued via email, are based upon a hypothecated trading model and will not reflect actual trades or performance for any newsletter program. Trading Models are fallible and it should be completely understood that hypothecated performance reported using trading model will not necessarily reflect real life trade performance.
Due to the number of sources from which the information contained in our newsletters are obtained, and the inherent risks of distribution, there may be omissions or inaccuracies in such information and services. Taking Profits, its employees and contributors take every reasonable step to insure the integrity of the data. However, Taking Profits, its owners and employees and contributors cannot and do not warrant the accuracy, completeness, correctness or fitness for a particular purpose of the information contained in any of it's newsletters or the trade recommendations.
AUTO TRADE USE and Activation, Discontinuance, and Re-Activation of Auto Trade
Subscribers who utilize auto trade, can initiate auto trade with their respective brokers, only those services to which the Subscriber has paid Taking Profits, for subscribed services. A Subscription to a newsletter entitles the Subscriber to auto trade one account with his/her respective broker. Additional accounts used for auto trade will be charged a minimum of $350.00 per year per additional account. Upon cancellation of Our Services, it is the responsibility of the Subscriber to discontinue Auto Trading Our Services with their broker . In other words, when a subscribers cancels Our services, it is his/her responsibility to stop auto trade process of Our Services with their broker. Should this not occur, WE are entitled for our fees for the time the Subscriber's account was left activated for auto trade and Our fees for Our Services will continue and be charged appropriately for the time of auto trade activation. The number of trades in the auto trade account, how many or how few, has no bearing on the amount of fees Taking Profits collects for Auto Trade account activation. In other words, Taking Profits, has the right to collect it's fees for as long as the Subscribers brokerage account is activated for Auto Trade. Taking Profits, reserves the right to charge Subscribers who initiate auto trade for a service or services to which Taking Profits, has not been paid. Fees for such services will be calculated on a basis that is associated for each service, AND NOT PRO-RATED for time used. Therefore, once a trading service is activated for auto trade, Taking Profits, reserves the right to charge the Subscriber the full fee associated with respective service or services, based upon the services normal subscription fee and duration. When a Subscriber cancels a Taking Profits Trading service or services, and then re-activates the Auto Trade mechanism with their brokerage company, this action will also re-activate the subscription for the trading service selected for auto trade, thereby incurring a fee, which will also initiate monthly automatic re-bill of fees for trading services until the Subscriber submits written (Email) cancellation of trading services dated after the reactivation of auto trade. Activation of auto trade for any of our trading services within a brokerage account without our knowledge may be considered "Theft of Service" and may result with prosecution under all legal venues. Any costs and associated fees for Taking Profit trading services will be automatically debited against charge card on file. In some cases, activation of a brokerage Auto Trade account after Subscriber cancels Our Services, or leaving a brokerage Auto Trade account activated for Auto Trade after Our Services have been canceled by the Subscriber, may be considered "Theft of Service", and is illegal under law. Taking Profits will seek all legal remedies and restitutions provided by law.
FAILURE OF SERVICE: You agree that we Taking Profits and it's principals, and employees, are not responsible for our (Taking Profits) inability to email, contact, or by any other means, have the inability to contact our subscribers, members, brokers for auto trade, regarding any/all trading alerts and updates for services, either because of poor Internet connections, and/or browser incompatibility, telephone line interruptions, cellular wi-fi failure, internet connection failure or inability to access the internet in order to email members and subscribers. We will make every effort to insure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down due to power outages, network problems, regular maintenance, or high traffic volumes. Email sending and delivery is not perfect. Therefore, You the Member/Subscriber agree that neither Taking Profits, it's Principals and employees, are not responsible or liable, for any losses incurred or damage caused any of theses issues whether or not caused in whole or part by our negligence. It is the Member/Subscriber who is in control of their own brokerage account and all decisions thereof to buy to sell an stock or option and not that of Taking Profits as We, Taking Profits, nor it's Principals and employees are Financial Advisors.
THERE ARE NO WARRANTIES
OUR SERVICES ARE 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, TAKING PROFITS, DISCLAIMS 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, 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, WIFI LOSS OF USAGE, POWER OUTAGES, 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.
- INFORMATIONAL PURPOSES ONLY
Taking Profits, also known as Taking Profits, or Taking Profits, and it's Principals and Employees, produce and distributes impersonal newsletters for stock traders, option traders, and stock investors, via email and/or Internet. All information and services are for informational purposes only. Individual trading advice is not given at any time. Newsletter services, statements, information, advertising, promotions, educational information, any and all Web Site information, fall under the First Amendment Right to Freedom of Speech. Taking Profits, its' Principals, and Employees, are not Registered Investment Advisors, Financial Advisors, Broker Dealers, nor Investment Advisors. Taking Profits reserves the right to change the format of any service without prior notification to Subscriber. Format is defined as changing the number of open positions in any service, changing long to short positions (and vice versa), adding options to a stock trading service, adding stock to an option trading service. In other words, WE reserve the right to change the description of any service at any time without giving Subscribers prior notification. Our services are for informational use only and are guarded by Freedom of the press (or press freedom) which is the guarantee by the U.S. Government of free speech for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. It also extends to news gathering, and processes involved in obtaining information for public distribution. In the U.S. this right is guaranteed by the First Amendment to the United States Constitution.
By subscribing to any of "Our" services, You also agree not to reproduce, share, distribute, sell, publish, broadcast (including, but not limited to, news groups, mailing lists, e-bulletin boards, Internet Groups such as Yahoo, MSN, Google, Etc., and/or email), or circulate the information received through or by Taking Profits, to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of Taking Profits. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Taking Profits, is entitled to recover the Subscription fees as actual damages as a result of the infringement. Taking Profits reserves the right of refusal of any and all service to any person it so desires. Taking Profits, reserves the right to be compensated by those who for services shared or distributed. Taking Profits reserves the right to change any subscription service at any time without prior notice to the Subscriber. This includes the term of subscription, format, recommendations, title, time and date of distribution, and method of distribution. Subscription terms are based upon a comes first bases; a 20 business day month or 28 calendar days.
Taking Profits, NOT LIABLE FOR LOSSES
You agree to defend, indemnify and hold Taking Profits, and its employees, staff, editor, and all persons associated with Taking Profits, harmless from any and all claims, liabilities, costs and expenses, including any and all attorneys' fees, arising in any way from Your use of Our newsletter service(s) or the placement or transmission of any message, information, software or other materials through the Service by You or users of Your account or related to any violation of these Terms and Conditions by You or users of Your account. You, the Subscriber, agree that Taking Profits, is not, and can not be liable for any losses incurred that originate from trading stocks, options, subscription fees, commissions, or any other source of losses.
Notwithstanding any other agreement or other communications between Taking Profits, and Subscriber to the contrary, receipt or use of any material provided by Taking Profits, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions. Taking Profits, makes no representations or warranties about the accuracy or completeness of the information contained on this Website, services, alerts, reports, or in emails.
Venue of any and all legal issues or disputes of any kind or nature, is the State of New Jersey.