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Terms and Conditions

License and Terms of Service for Spear’s Day Trader Hotline


1. THE SERVICE
Spear's Day Trader Hotline service, hereinafter referred to in this document as "the Service," consists of online training provided to members regarding the attempt to profit from intra-day and multi-day, short-term price movements in equities.

In order to most clearly demonstrate trading techniques, the training uses real-time analysis of currently-trading equities and demonstrates how to draw practical conclusions in the time frame required to trade those conclusions.

The Service is offered on an exclusive basis, to a restricted number of subscribers, so that if subscribers choose to trade on the analysis provided in the training, impact on the market will be limited.

At least four days per week, with occasional additional time off for vacations, we will provide notices regarding our assessment of the availability of high-probability trades, as defined by our unique set of criteria. You can elect to receive these notices by email, and if you choose, they can also be sent to your mobile phone, or you can watch the comments appear on a special web page. You will also be able to monitor our own charts and see us analyzing those charts and commenting on them through a special software connection to your computer. There may be days in which we believe no such high-probability trade opportunities exist.

Training on general principles and techniques of frequent trading will be included in many of the messages and be communicated via the Webinar interface that allows subscribers to see the tools being used by our trader in real-time.


2. ENHANCEMENT POLICY
We may create, from time to time, enhanced versions of the Service. This License does not automatically entitle you to receive enhanced Service free of charge. At our option, however, we will make our enhanced Service available to you for a fee to be determined by us. Any enhancement of our Service shall be considered a derivative work and your possession, use or display of it shall be governed by this License to the same extent as if it had been the original Service.


3. NOT AN INVESTMENT ADVISORY SERVICE
The Service does not manage portfolios for subscribers. The Service does not provide advice regarding the appropriateness of the trading techniques being discussed for the individual portfolios of subscribers. All such inquiries will be ignored. Subscribers are cautioned that the most important decision in trading is how much to risk, a decision which should be based upon a professional assessment of the risk tolerance of the investor, considering net worth, current income, future income prospects, age, health, dependents, etc. All stock market investing and trading involves risk, including the risk of loss of all funds invested. Frequent trading generally increases the risk of loss. See other cautions below.


4. PERMISSIONS & PENALTY FOR MISUSE
The license provided is for one individual only and access to the website(s) of the Service is restricted to one terminal (computer) at a time. Multi-user and site licenses are available, subject to the overall number of users allowed in the Service. This is NOT a multi-user or site license. Knowingly providing access to the Service or forwarding, copying or otherwise communicating the content of the Service to non-licensed individuals or entities will incur a penalty to the Licensee of double the amount to which the Service would have been entitled to receive from the non-licensed parties, in addition to the fees owed by the non-licensed users and in addition to any other penalties or damage awards provided by any court of proper jurisdiction. Licensee acknowledges and agrees to these terms.


5. DISSEMINATION
All information available through the Service is protected by copyright or other intellectual property laws. You may display, print and transmit information obtained through the Service only for your own personal or professional use. You may not reproduce, retransmit, distribute, store in a retrievable device except for your own personal use, disseminate, sell, publish, broadcast or circulate the information obtained through the Service without the express written consent of the Service. You agree not to use any information obtained through the Service for any unlawful or unauthorized purpose. The provisions of this section will survive any termination of this agreement.


6. FEES
The Service is sold as a license for a monthly or other negotiated fee that will be automatically charged to a credit card unless otherwise negotiated. Your acceptance of this Agreement constitutes your authorization to make those charges. Subscribers must notify the Service of all changes in the expiration date of the credit card being used for the Service.


7. LIMITED WARRANTY, DISCLAIMERS, AND LIMITATIONS ON REMEDY
We warrant only that to the best of our knowledge, the Service is free of undisclosed errors that will make a material difference in functionality, and that the Service is operated in the manner that we describe. If we are made aware of errors in the Service, our only obligation is to disclose said errors to all users via the webinar service and email. If the defect is shown to cause a material difference in the functionality of the Service, then we must make a fair estimate of the time it will take to repair and notify all users of their right to a pro-rated refund for unused time on the Service.

Said partial refund is your sole and exclusive remedy in the event of a breach of warranty. In no event will we be liable for any damages to you or any other person in excess of the lower of suggested list price or actual consideration paid for the License to use the Service, regardless of any form of claim. IN NO EVENT SHALL YOU HAVE ANY CLAIM FOR OR RIGHT TO RECOVER ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF TRADING CAPITAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER SIMILAR CLAIMS, even if we have been specifically advised of the possibility of such damages. The entire risk as to the results and performance of the Service is assumed by you.

We reserve the right to perform maintenance on our equipment or system on a regular basis which may result in interrupted service or errors in the use of the Service. In no event shall The Service be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. The Service does not guarantee the uptime of the Services.

Furthermore, we reserve the right to block access to the Service to maintain or restore security to our Web site and systems if we reasonably believe that your User Name and Password have been or may be obtained, or are being used or may be used by an unauthorized person(s). We will attempt to provide prior notice of such interruptions, changes or denials of access, but cannot guarantee that such notice will be provided. The Service may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION SUPPLIED WITH THE PRODUCT. We specially disclaim all other warranties, express or implied, including, but not limited to, any IMPLIED WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. The Service is acknowledged not to be "consumer products" within the meaning of the 15 U.S.C. 2301 (1). Furthermore, you acknowledge that you are not a "consumer" within the meaning of 15 U.S.C. 2301(3). Notwithstanding to the extent our disclaimer of any applicable state or Federal Law, such IMPLIED WARRANTY OF MERCHANTABILITY is limited to the above, and is otherwise expressly and specifically disclaimed.

The Service may include specific and implied buy and sell recommendations pertaining to individual stocks, funds, options, indices, or other investment vehicles. It should not be assumed that past performance is indicative of future results. Results of using the information and advice provided by the Service could be positive or negative depending upon a host of factors intrinsic or extrinsic to the Service. It should be understood that investing and speculating in the financial markets involves risk and in some instances may result in either partial or total loss of one's capital. The information provided through the Service has been obtained from sources which are believed to be reliable, but cannot be guaranteed as to its accuracy or completeness, whether supplied as written materials, or electronically by any means. The Service includes real-time monitoring of actual trading being done for in-house or client accounts and it should therefore be understood that we or our employees or the clients of our affiliated asset management company, Spear Capital Management, Inc. and these accounts may hold positions in securities and security options recommended by the Service, and may make purchases or sales from time to time in such securities.

This Limited Warranty gives you specific legal rights; you may have others which may vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on implied warranties, so some of the above may not apply to you. To the extent not controlled by Federal Law, this Warranty and License is governed by the laws of the State of Connecticut.


8. THIRD PARTY INFORMATION PROVIDERS
Third party providers of news on the Service are not responsible for any delay in your receipt of the licensed information resulting from the inherent limitations of the internet transmission via the World Wide Web. Due to the number of sources from which the licensed information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the licensed information. The licensed information is provided "as is", without any warranties. Third party news providers and their affiliates, agents and licensors cannot and do not warrant: accuracy, completeness, timeliness, no infringement, title, merchantability or fitness for a particular purpose of the licensed information, and they hereby disclaim any such express or implied warranties. Neither the third-party providers nor any of their affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury. In no event will third-party providers, their affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such licensed information.

The third-party providers and their affiliates, agents and licensors shall not be liable to you or anyone else for any damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.


9. TERMINATION
You may terminate your use of the Service at any time by calling Customer Service at (800) 491-7119 or by sending an electronic message using the Service's messaging system on its website. You may also write to Spear's Day Trader Hotline, at the address provided on the website, www.daytraderhotline.com. Requests by you for a hold on your subscription for a period up to three months shall not constitute a Terminating Event. Your place may be temporarily taken by another subscriber from our waiting list during this period.

Your License shall continue until a Terminating Event occurs. A "Terminating Event" occurs when you voluntarily give up your License or when you violate any of the terms of this agreement. Upon the occurrence of a Terminating Event, this License shall terminate automatically and immediately without further notice. If the Service has reached its limit of 250 subscribers, you may join the waiting list and you may not re-subscribe until others before you on the waiting list for entry have been admitted.


10. LICENSE MODIFICATIONS
This License may be modified by us in conjunction with any enhancement of the Service, or may otherwise be modified by us at any time, with notice of said modifications sent to the email address you supplied when securing this license. Your continued use of the Service shall constitute acceptance of those changes.

The Service may change the terms of the license including, without limitation, the fees for the Service or for any information products on the Service at any time upon notice published over the Service and sent directly to the email address you provided when you accepted the License. Your continued use of the Service will be deemed to constitute your approval of such changes. If your subscription offer contained a "price guarantee" then your price for the service may NOT go up as long as the Service is provided without material enhancements and your subscription remains uninterrupted by a Terminating Event.