Terms of Use

TopGunsTrading.com Terms of Use

Last revised: May 1, 2006

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE.

Agreement

By using the TopGunsTrading.com (the Site), you agree to abide by our Terms of Use. If you do not agree to the terms and conditions contained within the agreement, we do not consent to provide you with access to the Site, and you should cease your use of it.

Important Investment Disclaimer

The analysis and information in this report and on the Site is for informational purposes only. No part of the material presented in this report or on our websites is intended as an investment recommendation or investment advice. Neither the information nor any opinion expressed nor any Portfolio or Model Portfolio constitutes a solicitation to purchase or sell securities or any investment program. The opinions and forecasts expressed are those of the editors of The Top Guns Trader and may not actually come to pass. The opinions and viewpoints regarding the future of the markets should not be construed as recommendations of any specific security nor specific investment advice. Investors should always consult an investment professional before making any investment.

Any investment decisions must in all cases be made by the reader or by his or her investment adviser. Do NOT ever purchase any security without doing sufficient research. There is no guarantee that the investment objectives outlined will actually come to pass. All opinions expressed herein are subject to change without notice. Neither the editor, employees, nor any of their affiliates shall have any liability for any loss sustained by anyone who has relied on the information provided.

The analysis provided is based on both technical and fundamental research and is provided as is without warranty of any kind, either expressed or implied. Although the information contained is derived from sources which are believed to be reliable, they cannot be guaranteed.

The information contained in the Sites and The Top Guns Trading publications is provided by Evergreen Publishing, CO. LLC (Evergreen). One of the co-owners of Evergreen , Mr. David Moenning, is also President and majority shareholder of Heritage Capital Management, Inc. (HCM) a Chicago-based money management firm. HCM is registered with the U.S. Securities and Exchange Commission as an investment adviser. HCM also serves as a sub-advisor to other investment advisory firms.

Evergreen is a publisher and has not registered as an investment adviser. Neither HCM nor Evergreen is registered as a broker-dealer.

Employees and affiliates of HCM and Evergreen may at times have positions in the securities referred to and may make purchases or sales of these securities while publications are in circulation. Editors will indicate whether they or HCM has a position in stocks or other securities mentioned in any publication. The disclosures will be accurate as of the time of publication and may change thereafter without notice.

All indices and returns shown assume reinvestment of dividends and capital gains. Investments in equities carry an inherent element of risk including the potential for significant loss of principal. Past performance is not an indication of future results.

By accepting emails, including various paid subscriptions and free email reports and newsletters, you agree to the terms of the Disclaimer as such may be amended from time to time.

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.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

When U.S. exchanges are open, stock quotes shown on the Site are delayed by at least 15 minutes. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment, you should consult with a qualified broker or other financial professional to verify pricing information.

Registration and Privacy

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Proprietary Rights

The Site and the content contained therein are the property of Evergreen. You may access and use the content, and download and/or print out one copy of any content from the Site, solely for your personal, noncommercial use.

All content on the Site is copyright protected and you agree to abide by all copyright laws.

You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

Conduct In connection with your use of the Site, you agree not to: 
 

  • Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • "Frame" or "mirror" any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about visitors to the Site without their express consent.

    You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.

    Links to Other Web Sites

    Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk. The Site may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

    Disclaimer of Warranties

    THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    EVERGREEN AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED 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 OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THESTREET.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.

    A possibility exists that the Site could include inaccuracies or errors, or materials that violate this terms of use agreement. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site.

    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 violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.

    Limitation of Liability

    NEITHER TOPGUNSTRADING.COM . NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH TOPGUNSTRADING.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO TERMINATE USE OF THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EVERGREEN, ITS OFFICERS, AND EMPLOYEES 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.

    Termination

    You understand and agree that Evergreen and TopGunsTrading.com may, without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms of Use or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

    Miscellaneous

    The Terms of Use, together with all TGT policies referred to herein, constitutes the entire agreement between you and TopGunsTrading.com relating to your use of the Site. The TOU and the relationship between you and TopGunsTrading.com are governed by and construed in accordance with the laws of the State of Colorado, without regard to its principles of conflict of laws. You and TopGunsTrading.com agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Jefferson County, Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and 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.