Trendmonster Terms of Service
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
Trendmonster LLC, (Trendmonster.com) Terms of Service
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING TRENDMONSTER LLC SERVICES.
By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services.
Trendmonster LLC ("we," "us" or "Trendmonster") Trendmonster.com and its Affiliates (defined below) provide certain free and paid for educational, and market information services through its website located at WWW.TRENDMONSTER.COM (the "Site") and via email, text or other delivery methods ("Services"). In consideration of Trendmonster (or any of its Affiliates) providing, or continuing to provide, you (you may be referred to herein as "you" or "user") with access to the Site and the Services, you hereby agree that your use of this Site and any Service shall be expressly pursuant to and conditioned upon your agreement to the following Terms of Use ("Terms").
You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not access or use the Services.
1. Acknowledgement of Disclosures and Disclaimers
You hereby acknowledge and agree that:
As a subscriber to Trendmonster.com, you agree to the existing terms and conditions described herein. Trendmonster.com has the right to change these terms and conditions at any time without consent from the member(s). As a member of Trendmonster.com, you the subscriber must be aware and fully comprehend the risks involved with the stock market and all financial markets. Therefore, Trendmonster.com, Trendmonster, Trendmonster LLC will not be held liable for any financial loss, damage or injury related to or resulting from the knowledge or information obtained from Trendmonster.com. As a subscriber, you agree that Trendmonster LLC, Trendmonster.com (Trendmonster), its employees or associates will not be held liable for any decisions or results from actions taken by the subscriber either directly or indirectly from any information, knowledge, or text disclosed by Trendmonster LLC, Trendmonster.com (Trendmonster).
As a user, you agree to sole responsibility for any investments or decisions made based on information received from Trendmonster LLC, Trendmonster.com (Trendmonster). No warranty, express or implied, is made by Trendmonster LLC, Trendmonster.com (Trendmonster) or its providers of information, as to the results to be obtained from use of Trendmonster.com's information or the fitness of its use for a particular purpose. Data and information is provided for informational purposes only. Neither Trendmonster LLC, Trendmonster.com (Trendmonster) nor any of its data or affiliates shall be liable for any errors or for any actions taken in reliance thereon. By accessing this website, a user agrees not to redistribute the information found therein. You agree that any and all use of the information, which you make, is solely at your own risk and without recourse to the Trendmonster.com or the content providers. Trade at your own risk. The content on this website is subject to change at any time without notice and is provided for the sole purpose of assisting traders in making independent investment decisions.
We are not paid by any company that is discussed. Nothing on this website is a solicitation to buy or sell any securities. The information presented is for informational purposes only. We may hold positions bought on the open market, and may sell them at any time. You acknowledge and agree that certain Trendmonster.com (Trendmonster) Affiliates may discuss or recommend specific trends, securities or investment strategies in which they or their firms have a position, and that they may trade for their own account. In cases where the position is held at the time of publication, Trendmonster.com will endeavor to make appropriate disclosures. However, due to the short term nature of the investment and trading activities of such Affiliates, such disclosure may not be possible, or feasible. Therefore, you understand and agree that at the time of any transaction that you make, one or more of Trendmonster.com's (Trendmonster) Affiliates may have an undisclosed position in the securities referenced. Trendmonster.com (Trendmonster) makes no representations regarding the trends, strategies or individual securities positions of any third party service provider.
As a subscriber of this website, you agree to hold Trendmonster.com, (Trendmonster) its operators, employees and owners harmless and to completely release them from any and all liability due to any and all loss of any kind, damage of any kind, or injury of any kind that you may incur. Trendmonster.com (Trendmonster) is for educational purposes only. Please consult a financial advisor or professional before making any investments with your money. Trendmonster.com may or may not hold positions in the securities discussed or recommended. Trendmonster.com is not responsible for any actions. We only show our plays and thoughts about the market.
As a subscriber, you accept that all the information disclosed on Trendmonster.com (Trendmonster) and in its email alerts are the opinions of Trendmonster.com (Trendmonster) and are not solicitations or suggestions to the subscriber to buy or sell securities. Any investment program may be volatile and can involve the loss of principal. The past performance is no guarantee of future returns. Trendmonster.com's information is believed to be accurate and reliable. However, information obtained through electronic distribution can be a risk and have inaccuracies due to high traffic, delays, and technical difficulties with Trendmonster.com's (Trendmonster) service.
Trendmonster.com (Trendmonster) does not warrant the timeliness, or accuracy of the statements made on the website, in the chat room, in its email alerts or via the monster's (Trendmonster) picks. The information offered should only be used as an origin for ongoing, self-sufficient research into a security referenced on Trendmonster.com (Trendmonster) so that the subscriber forms his/her own opinion regarding any investment in a security mentioned by Trendmonster.com (Trendmonster). The Trendmonster.com employees are not registered Investment Advisors and we are not registered broker-dealers.
As a subscriber, you should be aware of the risks inherent in the stock market. The purchase of securities discussed on the website, in the chat rooms, in its e-mail alerts, or via monster's Trendmonster.com (Trendmonster) picks may result in the loss of some or all of any investment made. Trendmonster.com (Trendmonster) recommends that you consult a stockbroker or financial advisor before buying or selling securities, or making any investment decisions. As a subscriber, you assume the entire cost and risk of any investing and/or trading you choose to take upon yourself. We do not provide personal investment advice. We reserve the right to change this agreement at any time without notice. If the terms of this agreement are changed, notice of the change(s) will be posted on our website.
As a subscriber, you are not allowed to post in the chat rooms offensive, slanderous language and are not allowed to verbally attack other subscribers. As a subscriber, you agree to keep your password to your self and not to give it out to other users. Any violation of the aforementioned may result in cancellation of subscriber's membership without refund. Any information disclosed on Trendmonster.com (Trendmonster) to a subscriber should be held as private/confidential information solely for the subscriber. The information obtained from Trendmonster.com (Trendmonster) should not be sold, reproduced, distributed, circulated, or published. All information disclosed or published by Trendmonster.com is solely the property of Trendmonster.com and copying of any information is a violation of copyright law.
Stock trading has large potential rewards and it also has large potential risks. You must be aware of these risks and be willing to accept them in order to invest in the stock markets. Trading may not be suitable for all users of this site or the information provided by this service.
By subscribing, you (and not Trendmonster.com (Trendmonster) along with its principals, its moderators, and its members) assume the entire cost and risk of any trading you choose to undertake. Only risk capital should be used and rigid observation of a system for loss control is strongly recommended. Past results are no indication of future results.
Trendmonster.com is neither a solicitation nor an offer to buy or sell stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
2. Third Party Service Providers and Information
The Site and/or Services may contain links, references or recommendations to third party services providers. Your use or purchase of any product or service provided by a third party service provider is governed by the terms, conditions and rules imposed by such third party service provider and not by Trendmonster's Terms. By using any service you are acknowledging that you have reviewed all such terms, conditions and rules and agree to be bound by them. Further, you hereby agree to look only to such third party provider for the provision of such product or service or for satisfaction of any claim you may have related to such product or service. You acknowledge and agree that Trendmonster, Trendmonster LLC, (Trendmonster.com) and its Affiliates shall not be held responsible for the legality, accuracy, or inappropriate nature of any third party product or service or for any loss or damages caused or alleged to have been caused by the use of such product or service.
The Site or Services may contain links, references or recommendations to information, and/or opinions of third parties. We do not control such third parties nor necessarily endorse any such information or opinions, nor have we reviewed or approved any such content. You acknowledge and agree that Trendmonster, and its Affiliates shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information provided by any third party, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You expressly acknowledge and agree that your use of any third party product, service, information or opinion is solely at your risk.
3. Disclaimer of Warranties
The Site, Services, and any content, product, news, pick, recommendation, information or other data or service contained or referenced therein, or accessed through the Site or Service, is provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Trendmonster, Trendmonster LLC, (Trendmonster.com) and its Affiliates disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information available through the Site or any Service.
Trendmonster and its Affiliates do not warrant that your use of the Site or Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site or Services are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use Site and Services, and all charges related thereto. You assume complete and ultimate responsibility (and acknowledge and accept all risks) for your use of the Site and/or Services and your reliance on any trends, picks, recommendations, news or other information directly or indirectly provided. No opinion, advice, or statement of Trendmonster or any of its Affiliates, whether made on the Site or as part of any Service or otherwise, shall create any warranty. You use of the Site and Services, and the trends, picks, recommendations and other information and materials provided is entirely at your own risk.
You expressly acknowledge that trends, picks, recommendations and other information and materials available through the Site or Services may contain inaccuracies or errors, or materials that violate the Terms and that unauthorized alterations could be made to the content available through the Site or Services by third parties. Although we attempt to ensure the integrity of the Site and Services, we make no guarantees as to the completeness or correctness of the Site or Services. Thus, you agree that, event when Trendmonster has had an opportunity to remove or correct such erroneous content, Trendmonster shall have no liability to you (or anyone claiming through you) based upon such erroneous content. Further, you agree that Trendmonster and its Affiliates shall not be 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, or non-performance of third parties.
4. Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from Trendmonster.com (Trendmonster) regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Sarasota, Florida.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Sarasota County, Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.
5. Limitation of Liability
On behalf of yourself and your heirs, successor and assigns, you hereby acknowledge and accept the limitations of the Site and Services, and agree, as a condition precedent to your access (or continued access) to the Site or Services, that neither Trendmonster LLC, Trendmonster.com (Trendmonster) nor its Affiliates shall be liable or responsible to you (or anyone claiming through you) for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any legal or equitable theory (including without limitation, contract, tort negligence, strict liability, statute, regulation, rule or other theory) arising out of or relating in any way to the Site or any Service and/or any trend, pick, recommendation, news, information or other content, product or service received or obtained through the Site or any Service, including without limitation any product, service or content from any third party service provided. Your sole remedy for dissatisfaction with the Site or any Service is to stop using it.
Your sole remedy for dissatisfaction with your access to and/or use of our information is to stop accessing and/or using our information. You hereby release and waive any and all claims against, Trendmonster, Trendmonster LLC, (Trendmonster.com), its personnel, and its representatives, agents, publishers, independent contractors, partners, principals, business associates, and affiliates (collectively, the "Trend-Trade-Stocks Parties") arising out of or in connection with your access to or use of, or inability to access or use, our information, whether sounding in contract, tort, negligence, or otherwise and regardless of any error, negligence, or gross negligence of any of the Trendmonster, Trendmonster LLC, (Trendmonster.com) Parties. Trendmonster, Trendmonster LLC, (Trendmonster.com) Parties shall, under no circumstances, be liable for any losses, damages, costs, expenses, or other liabilities whatsoever (the "Excluded Damages"), including, without limitation, direct, indirect, incidental, special, punitive, consequential, and any other damages, lost profits, lost opportunities, trading losses, costs and expenses, even if any of the Trend-Trade-Stocks Parties has been advised of the possibility of or could have foreseen any of the Excluded Damages. Without limitation, Trendmonster, Trendmonster LLC, (Trendmonster.com) Parties shall not be liable for any Excluded Damages related to interruptions, errors, defects, mistakes, inaccuracies, misstatements, omissions, deletions, delays, non-delivery, acts of God, failure of performance, technology and equipment malfunctions and problems, declines in market values, investment losses, or trades made or not made by brokers. Some jurisdictions do not allow or limit the exclusion or limitation of liability for certain damages, so the above exclusions and limitations may not apply to you. In those jurisdictions, Trendmonster, Trendmonster LLC, (Trendmonster.com) Parties' liability shall be limited to the greatest extent not prohibited by law. In no event shall Trendmonster, Trendmonster LLC, (Trendmonster.com) Parties aggregate liability to you exceed the subscription fees received by Trendmonster, Trendmonster LLC, (Trendmonster.com) Newsletter from you.
6. Term and Termination & Changes to the Terms of Use
You acknowledge that the term of your use of the Site or any Service is "at will" in the sole discretion of Trendmonster, Trendmonster LLC, (Trendmonster.com). Accordingly, you hereby agree that Trendmonster, Trendmonster LLC, (Trendmonster.com) may, without prior notice to you, terminate your access to and use of the Site or any Service, with or without cause. You acknowledge and agree that Trendmonster, Trendmonster LLC, (Trendmonster.com) may, in its sole discretion and without notice to you change the terms, conditions and/or restrictions contained in these Terms for your use of the Site and/or any Service. Such changes will be deemed effective five (5) business days from their posting on this "Terms of Use" web page. You may not be directly notified of any such change. Accordingly, you acknowledge and agree that it is your responsibility to review this Terms of Use page to determine if changes have been made and their affect on you. Your continued access or use of the Site or any Service after such change shall be deemed acceptance of such changes. You should check this Terms of use page frequently to see recent changes.
7. Options disclaimer
Option trading involves high risks and YOU can LOSE a lot of money. Investing in stocks, bonds, options and other financial instruments involve risks and may not be suitable for everyone. Before buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options. Copies of this document are available at http://www.cboe.com or from your broker. Copies are also available from the Chicago Board Options Exchange, 400 S. LaSalle Street, Chicago, IL 60605. The OCC Prospectus contains information on options issued by The Options Clearing Corporation. Copies of this document are available from The Options Clearing Corporation, 440 S. LaSalle Street, 24th Floor, Chicago, IL 60605 or the Chicago Board Options Exchange, 400 S. LaSalle Street, Chicago, IL 60605. The documents available discuss exchange-traded options issued by The Options Clearing Corporation and are intended for educational purposes. No statement in the documents should be construed as a recommendation to buy or sell a security or to provide investment advice.
8. Subscriptions
Subscriptions are automatically renewed monthly on the anniversary date of your subscription. Subscribers will continue to be billed until their subscriptions are canceled by sending an email to support@trendmonster.com with your username and email registered with us with instructions to cancel. There are no refunds on subscriptions. Trendmonster, Trendmonster LLC, (Trendmonster.com) reserves the right to terminate any subscription without notice or liability for any reason and at any time. Possible reasons for termination include, but are not limited to, excessive use of customer service and any violation of this Legal Notice, such as an unauthorized redistribution of any of the information. Subscriptions may not be assigned or transferred (whether by operation of law, change in ownership, or otherwise) to any person or entity without our prior written consent.
9. Other
The provision of this Site and all Services, and performance of all agreement and covenants required by these Terms shall be deemed to be made in the borough of Sarasota, FL and governed by the laws of the State of Florida without regard to its principals of conflict of laws. Accordingly, you hereby agree to submit to the personal and exclusive jurisdiction of the federal and state courts residing in the borough of Sarasota, FL for any and all claims arising from your use of the Site or any Service. Those users who access the Site or Services from another jurisdiction hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, all users hereby waive the right to a trial by jury for any claims arising out of their access or use of the Site or any Service. 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 in our sole discretion, and to limit the quantities of any such service or product that we provide.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed modified only to the extent necessary to make such provision lawful and enforceable and if such provision cannot be so modified, severed from the Terms; provided that such modification or removal 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 is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Trendmonster LLC provides educational, and market information services
through its website located at WWW.TRENDMONSTER.COM (Trendmonster).
Trendmonster LLC (Trendmonster) is not registered as an investment adviser.
