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Tipping Monkey Terms of Use
Scope and Applicability
These Terms of Use (the "Agreement") are applicable to the Web pages, services, content, databases and information (collectively, the “Services”) provided by Tipping Monkey (“Tipping Monkey”) to which you may have access by using the Web site from which you accessed this Agreement. The content and information included in these Services are provided by Tipping Monkey and its third party suppliers (collectively, the “Information Providers”). These Services are made available by Tipping Monkey subject to the terms and conditions of this Agreement.
Agreement
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR
AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, TIPPING
MONKEY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD
IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES. Tipping Monkey may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
You may also be subject to additional terms and conditions that may apply when you use Services provided by entities other than Tipping Monkey on the Web site from which you accessed this Agreement, or when you access any Services provided by Tipping Monkey from a Web site other than the one from which you accessed this Agreement.
Use of the Services
These Services are intended for your personal, non-commercial
use. The Services (and the content and information included therein) are protected
by copyright pursuant to
You agree not to reproduce, retransmit, disseminate, sell,
distribute, perform, display, publish, broadcast, circulate, create new works from,
or commercially exploit the Services (including the content and information made
available through the Services), in whole or in part, in any manner, without the
express written consent of Tipping Monkey, nor to use the content or information
made available through the Services for any unlawful purpose. You agree to access
the Services manually by request and not programmatically by macro or other automated
means. You may download or copy content or information displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any content or information from the Services for other than personal use is expressly prohibited without prior written permission from Tipping Monkey and/or the Information Provider credited.
To deliver the Services, it may be necessary for Tipping Monkey to collect information about you and your use of the Services. Tipping Monkey reserves the right to disclose information about you and your usage of the Services on a confidential basis to the owner of the Web site from which you access the Services. You should consult our Privacy Policy, which is hereby incorporated by reference, for detailed disclosure regarding how Tipping Monkey treats and handles your personally-identifiable information.
Termination
Tipping Monkey may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. Tipping Monkey may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause. Disclaimer of Warranties Information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. Tipping Monkey and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against Tipping Monkey or any Information Provider. Tipping Monkey believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. Tipping Monkey may point to other Web sites that may be of interest to you but for which Tipping Monkey has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Tipping Monkey nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
You understand and agree that your use of the Services is at your sole risk.
THE TRADE RECOMMENDATIONS AND HISTORICAL EXAMPLES INCLUDED IN THE WEB SITE AND NEWSLETTERS AND MAY 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 MAY 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. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
TIPPING MONKEY, ITS PRINCIPLES AND EMPLOYEES TRADE STOCKS, MUTUAL FUNDS, FUTURES, AND OPTIONS FOR THEIR OWN ACCOUNTS AND RESERVE THE RIGHT TO CONTINUE TRADING FOR THEIR OWN ACCOUNTS.
Tipping Monkey, its principals and employees will not knowingly trade in advance of the general dissemination of trading ideas and recommendations, unless it is explicitly stated. There is, however, possibility that orders entered for these proprietary accounts may be opposite or otherwise different from the trades and positions described herein. This may occur as a result of the use of different trading systems, trading with a different degree of leverage, or testing of new trading systems, among other reasons. The results of any such trading are confidential and are not available for inspection.
OPTIONS
INVOLVE SUBSTANTIAL RISK OF LOSS. OPTIONS ARE NOT SUITABLE FOR ALL INVESTORS.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
The descriptions of the various trading methods taught and used by Tipping Monkey describe the objectives of each. There are no guarantees that the stated objective will be met. Recommendations and opinions contained in our products and services reflect the judgment, as applicable, of Tipping Monkey as of the date hereof, are subject to change, and are based on certain assumptions, only some of which are noted herein. Different assumptions could yield substantially different results. You are cautioned that there is no universally accepted method for analyzing financial instruments, including options. Further, Tipping Monkey does not guarantee any results and there is no guarantee as to the liquidity of the instruments involved in its analysis. Tipping Monkey, its affiliates, and its respective officers, directors, shareholders and employees may sell or purchase, for their own account or for customers, positions in options, securities, futures contracts, or derivative instruments which may be similar or different from the positions referred to herein. Neither the information nor the recommendations and opinions expressed herein constitute an offer to sell or buy any option, security, futures contract, or derivative instrument. As a matter of policy, Tipping Monkey does not give tax, accounting, regulatory or legal advice to clients. Users should therefore consult their own advisors regarding the tax, accounting and legal implications of the recommended strategies before transactions are effected.
THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. TIPPING MONKEY AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
NEITHER TIPPING MONKEY NOR ANY OF ITS INFORMATION PROVIDERS, PARENT ENTITIES, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability
If any provision or term of this Agreement is held to be invalid, illegal or unenforceable for any reason whatsoever, it shall be modified rather than invalidated, if possible, to give effect to the interests of the parties to the extent possible, and if not modifiable, it shall be severed. In any event, the remainder of this Agreement will not be affected and shall be deemed valid and enforceable to the extent such that result is equitable.
Dispute Resolution
You agree that this Agreement and any claims arising from
this Agreement will be governed by and construed in accordance with the laws of
the State of Washington, with King County as the designated jurisdiction, without regard to its conflict of law principles. You agree that all of the foregoing terms and conditions
shall survive any termination of your right of access to the Services and the materials
identified above.
Disputes With Other Members
Tipping Monkey believes in open communication and fosters friendly and constructive discussions among members. In the event of disputes arising among members, they are encouraged to resolve their dispute offline, and in a cordial manner. Tipping Monkey will not take any responsibility for member disputes with other members.
However, Tipping Monkey will, under no circumstances, tolerate any hateful, discriminatory or otherwise offensive material from any user. Refer to our Content Policy, which is hereby incorporated by reference, for detailed disclosure regarding our policy on how user-generated content is handled on Tipping Monkey.
Miscellaneous
This Agreement constitutes the entire Agreement between you and Tipping Monkey regarding your use of the Services on the Web site from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and Tipping Monkey regarding your use of the Services on the Web site from which you accessed this Agreement.
Additional Disclosures on Options Trading
Prior to
buying or selling an option, a person must receive a copy of Characteristics and
Risks of Standardized Options. Copies of this document are available from your broker
or can be downloaded from
this link. The
OCC Prospectus contains information on options issued by The Options Clearing Corporation.
Copies of both documents are available from The Options Clearing Corporation,
© Copyright 2006, 2007 Tipping Monkey. All rights reserved.
Tipping Monkey is a trademark of Parametric Ventures, Inc.
All other marks are the trademarks and service marks of
their respective owners.
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