Terms and Conditions for Service
Top Stock Traders and member websites








As of December  20, 2009

TERMS AND CONDITIONS OF SERVICE

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE ("TOS") BEFORE USING THIS SITE. By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS. TopStockTraders.com (“TST”) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by TST and shall be of no force or effect.
 A. General Terms

1. User Consent to the TOS.
You represent that you have read and agree to be bound by the TOS.

Content:

1. Informational Purposes of Content
2. TopStockTraders.com Disclaimer
3. Subscription Services
4. Payment and Automatic Subscription Renewal
5. Cancellation and Refund Policy
6. Ownership of Materials
7. Indemnification
8. Links to Third Party Sites
9. TopStockTraders.com Privacy Policy


1. Informational purposes of content

This website and the materials and information on this website are provided by TopStockTraders.com,  may be used for informational purposes only. By using this website, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this website, you represent that (i) you have the capacity to be bound by these terms and conditions and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. If you do not agree to these terms and conditions, do not use this website or download any materials from this website.

TopStockTraders.com may amend or revise these terms and conditions at any time. By using this website, you agree to be bound by these terms and conditions as in effect from time to time. Please review these terms and conditions regularly. TopStockTraders.com  is a publisher.

TopStockTraders.com is a financial and investment content publisher. TopStockTraders.com is neither a registered investment advisory nor a broker/dealer. Readers are advised that this electronic publication is issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security.

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2. TopStockTraders.com, Disclaimer

The opinions and statements included herein are based on sources believed to be reliable and in good faith, but no representation or warranty, express or implied, is made as to their accuracy, completeness or correctness. We have not independently verified the information contained herein.

This information is not intended to be used as the sole basis of any investment decisions, nor should it be construed as advice designed to meet the investment needs of any particular investor. We encourage you to consult with independent financial advisers with respect to any investment in the securities mentioned herein.

You should review a complete information package on all companies, which should include, but not be limited to, the Company's annual report, quarterly reports, press releases and all regulatory filings. All information contained in this profile should be independently verified with the subject company. The foregoing discussion contains forward-looking statements, which are based on current expectations, estimates and projections, and differences from such expectations, estimates and projections can be expected. TopStockTraders.com does not purport to be a complete analysis of every material fact respecting any company, industry, or security.

Any opinions expressed in this profile are statements of judgment as of the date of publication and are subject to change without further notice, and may not necessarily be reprinted in future publications or elsewhere. Neither TopStockTraders.com nor its members, owners, managers, editors, officers, or employees/consultants accept any liability whatsoever for any direct or consequential loss arising from any use of its publications or their contents. Member sites include StockPhase.com, Stockscan.net, TopStockReview.com, topstocktraders.net, topstocktraders.org, and topstocktraders.info.


i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT TopStockTraders.com MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

(ii) TopStockTraders.com does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by TopStockTraders.com or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that TopStockTraders.com and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of TopStockTraders.com, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against TopStockTraders.com by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by TopStockTraders.com. TopStockTraders.com is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. TopStockTraders.com does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. TopStockTraders.com is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that TopStockTraders.com and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) TopStockTraders.com does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which TopStockTraders.com is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by TopStockTraders.com to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, TopStockTraders.com, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TopStockTraders.com, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF TopStockTraders.com HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TopStockTraders.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.





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3. Subscription Services - FREE MEMBERSHIP 2008,2009

Certain pieces of content provided by TopStockTraders.com require a paid subscription in order for users to have access to this information. Users who register for paid subscription services provided by TopStockTraders.com agree to a) provide truthful and accurate information regarding their identity requested in user registration forms, b) on an ongoing basis update user information in order to keep it accurate at all times.

Users understand that the information contained and provided by TopStockTraders.com is copyrighted material and as such will not be provided to any third party without the prior written consent of TopStockTraders.com.

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4. Payment and Automatic Subscription Renewal - FREE MEMBERSHIP 2008,2009

The current subscription rates are listed by TopStockTraders.com in the members area of the web site.

Subscriptions will renew automatically at the end of the initial subscription period (including trial period) according to the payment plan subscriber selected and authorized at the time of purchase. We must be notified via email (members@topstocktraders.com) 10 days prior to such renewal, should the subscriber decide not to renew their subscription.  If we are not notified, the then applicable subscription fee will be billed automatically to the credit card then designated on our records.  Users agree to pay all fees and charges in connection with subscription to a paid TopStockTraders.com service, including any applicable taxes.

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5. Cancellation and Refund Policy - FREE MEMBERSHIP 2008, 2009

During the first 30-days of a subscription (including Trials), subscribers may cancel their subscriptions and receive a full refund.  This guarantee is available only once per individual. Subsequent to the first 30 days of your trial subscription, you may cancel your subscription at any time. However, there are no refunds or credits issued after the first 30 days of service. To cancel prior to the 30th day of your use on the Service, send your request to members@topstocktraders.com. To cancel your subscription to the Service after the first 30 days, send your request to members@topstocktraders.com and we will turn off automatic renewal. 

If you have already participated in a free trial for any term within this service, you are ineligible to receive an additional free trial. Our records will verify that you have already received a free trial, and your credit card will be billed immediately and automatically. Some very discounted offers are non-refundable. Please read the promotion carefully.

We reserve the right to terminate your subscription and use of the Service at any time for any reason, including without limitation any breach by you of this Agreement of these Terms of Service.

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6. Ownership of Materials

Except as otherwise indicated, this website and its entire contents (collectively, the 'Materials'), including, but not limited to, the text, information, material, software and graphics contained on this website, are owned by TopStockTraders.com, and its affiliates. The Materials are protected by copyright, trademark, and other intellectual property laws and treaties. TopStockTraders.com makes no proprietary claim to any third party names, trademarks or service marks appearing on this website. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without TopStockTraders.com’s prior written permission. You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person.

By posting a message or contributing in any way to this website, including, but not limited to, sending comments and e-mail, to this website, you expressly grant TopStockTraders.com the right to use in any way, copy, republish, or sell your message or other contribution as part of its property. We reserve the right to change, update, discontinue, or restrict or prevent access to this website or the Materials at any time without notice.

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7. Indemnification


Your Authority to Agree to this TOS. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

You agree, at your own expense, to indemnify, defend and hold harmless TopStockTraders.com, its Suppliers, agents, directors, owners, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. TopStockTraders.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TopStockTraders.com in asserting any available defense. You acknowledge and agree to pay TopStockTraders.com's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by TopStockTraders.com under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify TopStockTraders.com pursuant to the TOS.



Member agrees to indemnify and hold TopStockTraders.com, its employees, its owners, its editors, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from member's use of this Web site or from member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and member's use of this Web site.

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8. Links to Third Party Sites

This Web site contains hyperlinks to other web sites operated by parties other than TopStockTraders.com, and other resources and advertisers. Such hyperlinks are provided for member's reference only. TopStockTraders.com is not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. TopStockTraders.com inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Under no circumstances shall TopStockTraders.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or Webmaster.

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9. TopStockTraders.com,  Privacy Policy

TopStockTraders.com, has created a privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website.

9a. Information TopStockTraders.com gathers and tracks

 
TopStockTraders.com uses your IP address to help diagnose problems with our server, and to administer our Web site. TopStockTraders.com gathers two types of information about users: data that users provide through optional and voluntary registration on several of our sites, such as requesting subscription to our newsletter, filling out our user's survey form, and through optional and voluntary participation in certain contests (when they are run); and aggregated tracking information derived mainly by tallying page views throughout our sites. Such information enables us to better tailor our content to readers' needs and to help our advertisers better understand the demographics of our audience.

 

9b. E-mail and Postal Information


Our site offers both a free e-mail based financial newsletter. Subscription requires users to provide us with an e-mail address. Users may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of every newsletter. We are in compliance  a "Do Not Mail" list of e-mail addresses, which will not receive future correspondence from TopStockTraders.com. Please give at least 15-30 days to have your name removed from the list.

E-mail addresses provided to TopStockTraders.com are kept on a secure server. TopStockTraders.com does not share e-mail address with other firms. E-mail users agree to receive offers directly from TopStockTraders.com.

 

9c. TopStockTraders.com,  - Links to Other Websites

 
This site contains links to other sites. TopStockTraders.com is not responsible for the privacy practices or the content of such Web sites.

9d. TopStockTraders.com - Cookies


A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.

 

9e. TopStockTraders.com - Use of the information


TopStockTraders.com uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.

As stated above, TopStockTraders.com uses information that users voluntarily provide in order to send out electronic newsletters. We send out newsletters to subscribers on a regular schedule and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. TopStockTraders.com never shares newsletter mailing lists with any third parties, including advertisers or partners.

 

 

9g. TopStockTraders.com - Membership de-activate policy

Users may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of every newsletter. This includes being permanently removed from our list of active subscribers, as well as being placed on a "Do Not Mail" list to ensure that you do not receive further communications from TopStockTraders.com.


10. Members and Cancellations. (3), (4), and (5)
As of January 1,2008

A FREE membership will be active to a point where the owners, managers, editors, officers, or employees/consultants decide to set a price for membership. The price of membership will be set based on market comparisons.

11. Disclosure

The editor, publisher, managers, owners, members, employees, and directors of  TopStockTraders.com may or may not hold a position ( long or short )  in any stock, option, commodity, mutual fund, index, bond, or currency we have discussed in this website or emailed in a newsletter. In all financial markets, a high level of risk is involved. Website information, emailed newsletters, and trading notes are intended to provide information for investors and traders only. Readers are advised that this electronic publication is issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. This information is not intended to be used as the sole basis of any investment decisions, nor should it be construed as advice designed to meet the investment needs of any particular investor. We encourage you to consult with independent financial advisers with respect to any investment in the securities mentioned herein.