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Please read our terms of use carefully before you become a subscriber to The Chartman Daily Stock Alerts.
The Chartman ("The Chartman" "TCM," "we," or "us") provides its subscribers with access to The Daily Stock Alerts (the "Service"), for their individual usage, subject to compliance with the terms and conditions set forth herein. 1. Agreement In consideration of The Chartman providing you with the Service, you agree to pay the applicable subscription fee and to comply with these Terms of Use (TOU). Current subscription rates for the Service can be found on the subscription page. If you do not agree to the terms and conditions contained in the TOU, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service. 2. Changes to the TOU We reserve the right at any time to:
3. Important Securities Disclaimer Gary B. Smith is a freelance commentator to Fox News and is registered as an investment adviser with the U.S. Securities and Exchange Commission. Please click here to view his Form ADV. The Daily Stock Alerts contain Mr. Smith's own opinions, and none of the information contained therein constitutes a recommendation by Mr. Smith that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. To the extent any of the information contained herein may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Mr. Smith's past results are not necessarily indicative of future performance. At the time of publication, Mr. Smith will not have a position in any security that he discusses in The Daily Stock Alerts. However, Mr. Smith may enter orders to purchase or sell securities mentioned in The Daily Stock Alerts after 10:30 a.m. E.T. on the trading day following the date on which the security is mentioned. If you enter orders to buy or sell securities after 10:30 a.m. E.T. it is possible that Mr. Smith may have purchased or sold the security at a price more advantageous than the price you will obtain. 4. Registration and Privacy In order to gain access to the Service, you must become a member of The Chartman’s Daily Stock Alerts by choosing a unique (and inoffensive) User Name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. As a member, you also have certain other obligations relating to your account:
6. Subscription Renewal Your subscription will continue for the monthly or annual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by calling our Customer Service Department prior to the expiration of the Term. If you do not notify us, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).
Please note:
In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your User Name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
7. The Chartman’s Proprietary Rights The Service and the content available through the Service are the property of The Chartman and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service. 8. User Conduct You may not republish, upload, post, transmit or distribute content available through the Service 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. In addition, in connection with your use of the Service, you agree not to:
9. Disclaimer of Warranties The Service, and any content, product or service obtained or accessed through the 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, The Chartman, its officers, directors, employees, affiliates, suppliers, advertisers, and agents 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 Service. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The Chartman and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or the server(s) on which the Service is hosted are free of viruses or other harmful components. The Chartman does not accept responsibility and will not be held liable for email delays or failures in email delivery caused by your internet service provider or the internet generally. The Chartman assumes no responsibility for the deletion, failure to store, misdeliver, or untimely delivery of any information or material. Under no circumstances shall The Chartman be held 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. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use Service, and all charges related thereto. You assume total responsibility and risk for your use of the Service and your reliance thereon. No opinion, advice, or statement of The Chartman 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 contained therein, and any materials provided through the site, are entirely at your own risk. A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service 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 available through the Service. In the event that such a situation arises, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below. 10. Limitation of Liability Neither The Chartman, Inc. nor its affiliates, suppliers, advertisers, 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 Service and/or any content contained therein, or any product or service used or purchased through The Chartman. Your sole remedy for dissatisfaction with the Service is to stop using it. The sole and exclusive maximum liability to company 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 Service. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 11. 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 Service; or (c) your violation of the rights of any third party. 12. Termination You understand and agree that The Chartman may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties. 13. Miscellaneous The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. 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. The TOU, together with all The Chartman policies referred to herein, constitutes the entire agreement between you and TheStreet.com relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The Chartman may not assign this TOU agreement without your written consent. The TOU and the relationship between you and The Chartman are governed by and construed in accordance with the laws of the State of Maryland, without regard to its principles of conflict of laws. You and The Chartman agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Montgomery County, Maryland, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU 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. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU. |