The information contained in this Site AND THE INFORMATION PROVIDED ON AND THROUGH OWNMOUNTAIN.COM is for general information purposes only. we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, REPORTS or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
December 12, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Acceptance of Terms
Stock trading involves risk and is not suitable for all investors. OwnMountain is a publisher, not an investment advisor and relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. OwnMountain.com and its reports are bona fide publications of general and regular circulation offering general and impersonal market oriented educational materials to subscribers and/or prospective subscribers. You understand that no content published as part of the Service or any other publication distributed by OwnMountain constitutes a recommendation to buy or sell any security or to pursue any investment strategy nor do we suggest that any investment is suitable for any specific person. OwnMountain is not intended as investment, tax, accounting or legal advice, or as an offer or solicitation to sell or buy any investment, or as an endorsement, recommendation or sponsorship of any company, security, or fund. To the extent that any of the content published as part of OwnMountain may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You further understand that no information provider or affiliates associated with OwnMountain will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
OwnMountain does not promise, guarantee or imply verbally or in writing that anything taught through any printed material, or displayed on the Site will necessarily result in a profit. OwnMountain is the copyright owner of all text and graphics contained on the Site. Copying, publishing or redistributing any material in any way without the written consent of OwnMountain is strictly prohibited. The SITE AND ANY INFORmATION IT PROVIDES is for educational and informational purposes only. You are advised to do your own due diligence when it comes to making business decisions and all information should be independently verified by your own qualified professionals.
The past results posted on the Site are in no way an exact reflection of what you would have made or lost following any trading strategies provided on the Site. Therefore, you should not rely on our past trade results as a perfect replication of what your returns or losses would have been. There are inherent risks involved in the stock market and these risks should be considered prior to any decision. The representatives of OwnMountain may or may not hold a position in any equities listed at the time of publication.
You agree to act responsibly and treat other OwnMountain users with respect. As a user of the Site, you agree not to:
a. violate any applicable local, state, provincial, regional, national, or international laws, statutes, and/or codes;
b. not transfer to or resell your use of or access to the Site to any third party
c. email, make available, post, upload, or transmit any content that is abusive, harassing, harmful, threatening, unlawful, violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or otherwise objectionable or you do not have a written right to transmit under any law or under any contractual agreement or relationship;
d. provide inaccurate, misleading or false information to us. You agree to promptly notify us if any information provided to us or another member subsequently becomes inaccurate, misleading or false;
e. transmit any chain letters or junk E-mail; or otherwise abuse the services and facilities provided to you;
f. post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
g. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
h. express or imply that any statements you make are endorsed by us, without our prior written consent;
i. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or any of the Site;
j. harvest or collect information about users of the Site without their express consent.
You agree not to “frame” or “mirror” any Materials or third party content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of OwnMountain or its licensors, respectively.
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OWNMOUNTAIN PROVIDES THE SITE AND MATERIALS ON AN “AS IS” AND “AS AVAILABLE” BASIS. OwnMountain, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OwnMountain DOES NOT WARRANT THAT THE SITE OR THE MATERIALS WILL BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; MEET YOUR REQUIREMENTS; OR OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
EXCLUSION OF DAMAGES
OwnMountain, AND ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF OwnMountain HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION ON LIABILITY
Your sole remedy for dissatisfaction with the Site is to stop using it. The sole and exclusive maximum liability to OwnMountain for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — shall be the total amount paid to us by you, if any, for access to the Site and the Materials.
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OwnMountain’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE MAY NOT APPLY TO YOU.
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THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE ARE NOT CONTROLLED BY OwnMountain. ACCORDINGLY, OwnMountain MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY OwnMountain.
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In its sole and absolute discretion, with or without notice to you, OwnMountain may suspend or terminate your use of the Site.
OwnMountain and BackTestingBlog are trademarks of Own Mountain Trading Company. All other marks, names, and logos mentioned herein are the property of their respective owners.
YOU need to thoroughly understand the risks involved in STOCK trading. Please see the “RISK” SECTION ABOVE. STOCK TRADING involveS risk and IS not suitable for all investors.