Disclaimer

 

The information contained in this Site AND THE INFORMATION PROVIDED ON AND THROUGH BACKTESTINGREPORT.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.

 

 

TERMS OF USE

December 20, 2008

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

 

Acceptance of Terms

 

These terms of use cover www.backtestingreport.com (the “Site”), which is operated by Own Mountain Trading Company, a California corporation  (“BackTestingReport”). By using the Site you ("you" or "your") agree that you have read, understand and agree to be legally bound by the terms and conditions set forth or referenced below ("Terms of Use"). If you do not agree to these Terms of Use, do not use or access the Site. BackTestingReport reserves the right to change these Terms of Use from time to time and at its sole discretion. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You can review the most current version of these Terms of Use at any time www.backtestingreport.com/termsofuse.

 

Privacy Policy

Your use of the Sites is also governed by the BackTestingReport Privacy Policy located at www. backtestingreport.com/privacy, which is incorporated by this reference. You agree to our collection, use and sharing of your information as set forth in the BackTestingReport Privacy Policy.

 

Risk

Stock trading involves risk and is not suitable for all investors. BackTestingReport 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. BackTestingReport.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 BackTestingReport 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. BackTestingReport 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 BackTestingReport 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 BackTestingReport 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.

 

BackTestingReport 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. BackTestingReport 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 BackTestingReport 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 BackTestingReport may or may not hold a position in any equities listed at the time of publication.

 

User Conduct

All documents and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by BackTestingReport and BackTestingReport grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) any BackTestingReport copyright notice and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use and is not to be distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or reposted in any media. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.

 

 

You agree to act responsibly and treat other BackTestingReport 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.

 

 

 

No Framing

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 BackTestingReport or its licensors, respectively.

 

Proprietary Rights

BackTestingReport owns all rights or holds a license in and to the Site and all Materials and content contained therein, including, without limitation, all content, site design, logos, button icons, images, digital downloads, reports, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of these materials provided is strictly prohibited.

 

DISCLAIMER OF WARRANTIES

BACKTESTINGBLOG PROVIDES THE SITE AND MATERIALS ON AN "AS IS" AND "AS AVAILABLE” BASIS. BackTestingReport, 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, BackTestingReport 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

BackTestingReport, 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 BackTestingReport 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 BackTestingReport 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, BackTestingReport'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.

 

THIRD-PARTY WEB SITES

THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE ARE NOT CONTROLLED BY BackTestingReport. ACCORDINGLY, BackTestingReport 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 BackTestingReport.

 

Certain information and content may be provided by third parties to BackTestingReport (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.

 

Indemnification

You will indemnify and hold harmless BackTestingReport and its representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at BackTestingReport' option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Site or alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify BackTestingReport, BackTestingReport may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of BackTestingReport.

 

Termination

In its sole and absolute discretion, with or without notice to you, BackTestingReport may suspend or terminate your use of the Site.

 

General

These Terms of Use and the relationship between you and BackTestingReport shall be governed by the laws of the United States and the State of Califorma without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in San Francisco, California, and you irrevocably consent to the personal jurisdiction of such courts. No failure or delay by BackTestingReport in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without BackTestingReport’ prior written consent.

 

Trademarks

BackTestingReport is a trademark 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.