You (referred to as, “You”, “Member”, or “Student”) hereby acknowledge and agree as follows:
Neptune Ave, individually, Neptune Ave Corp, its website www.thetradingreport.com (“Website”), (collectively, “We”, “Us”, or “Neptune Ave Corp”) reserves the right to make changes or modifications to the Neptune Ave, Corp Website and this Agreement. Display of notice of changes online at Neptune Ave, Corp Website shall constitute effective notice under this Agreement on the day Neptune Ave places the changes online on its Website, and your continued use of the Website thereafter shall constitute your acceptance of such changes or modifications.
This Agreement applies to the purchase of products, use of services, and use of Website (the “Products and Services”) from Neptune Ave Corp.
Neptune Ave, Corp grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Products and Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in the Agreement.
The Website includes, as applicable and without limitation:
The Neptune Ave Corp online computer system including all electronic databases and services accessed by or through Neptune Ave, Corp on-line computer system, including the Community as defined below, and individual items within those databases or services which may constitute independent works of authorship;
All documentation, including user manuals, operations manuals and the like provided to you by or for Neptune Ave, Corp for use in connection with the on-line computer system; and
Any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by or obtained through Neptune Ave, Corp on-line computer system (collectively, “information”).
OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
The Products and Services are the valuable, exclusive property of Neptune Ave Corp, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use Products and Services, as long as you comply with the terms of this Agreement or until Neptune Ave Corp terminates this Agreement or your access rights. Ownership of Neptune Ave Corp and its Products and Services, and any documentation or information, shall remain at all times with Neptune Ave Corp. Neptune Ave Corp Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in Neptune Ave Corp Website belong to Neptune Ave Corp or its licensors.
If Neptune Ave Corp provides you with access identification, you may not allow concurrent use of the Products and Services by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Products and Services. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of The Neptune Ave Corp Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only, the information received or accessed through Products and Services pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of Neptune Ave Corp, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Products and Services, any part thereof, or any of the information received or accessed there from, to or through any other person or entity. All rights not granted to you herein are expressly reserved by Neptune Ave Corp or its licensors. Neptune Ave Corp and its licensors reserve all rights to enforce its copyright and intellectual property rights.
A. This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
1. Immediately by Neptune Ave Corp for any unauthorized access or use by you, including, without limitation: concurrent access of Neptune Ave Corp Website by multiple users utilizing identical user identification numbers; permitting another person or entity to use your user identification number to access Neptune Ave Corp Website; or any other access or use of Neptune Ave Corp Website except as expressly provided in this Agreement;
2. Immediately by Neptune Ave Corp if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
3. Immediately by Neptune Ave Corp if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, Neptune Ave Corp Website;
4. Immediately by Neptune Ave Corp if you transmit or receive using Neptune Ave Corp Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity (Neptune Ave Corp, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately upon discontinuance of Products and Services by Neptune Ave Corp; or
6. Immediately by Neptune Ave Corp if you violate any of the other terms and conditions of this Agreement.
B. Termination or cancellation of this Agreement shall not affect any other right or relief, to which Neptune Ave Corp may be entitled, whether at law or in equity, regardless of the reason for cancellation or termination of this Agreement:
1. All rights granted to you will terminate and revert to Neptune Ave Corp;
2. As requested by Neptune Ave Corp, you agree to erase and destroy any copies of the Products and Services you have made; and
3. You agree to certify to Neptune Ave Corp your compliance with these requirements in writing upon Neptune Ave Corp request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL Neptune Ave Corp OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE PRODUCTS AND SERVICES.
You acknowledge that Neptune Ave Corp reserves the right to, and that Neptune Ave Corp may from time to time choose to, monitor any and all information transmitted or received through and of the Products and Services. Neptune Ave Corp, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which Neptune Ave Corp deems inappropriate (such as that specified in Section 3(A)(4) above,) or that Neptune Ave Corp determines violates any term or condition of this Agreement.
Neptune Ave Corp may record and monitor any telephone or electronic communication for quality assurance purposes.
You are required to register to access the Membership site. Registration (by providing a valid email address, screen name and password, in addition to other information requested by us) is required if you want to access the site. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person’s prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. If you become aware of any unauthorized use of your password or of your account, you agree to notify Neptune Ave Corp immediately.
You agree that all information provided in your profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
Content is for Informational Purposes
The results described in testimonials or otherwise on the Website or elsewhere by Neptune Ave Corp are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER Neptune Ave Corp NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.
Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any Student may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute investment or financial advice.
Links to Third Party Sites
Links may be posted on the Website to other websites, which are not under the control of Neptune Ave Corp. Neptune Ave Corp is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such websites. Any such link on the Website does not imply Neptune Ave Corp endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
Neptune Ave also sells paid advertising in an online medium known as co-registration. You acknowledge that any business dealings you may have with advertisers found on or through Neptune Ave Corp, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the such advertiser. You agree that Neptune Ave Corp, as defined above, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an advertiser.
Content is Not Investment Advice
Each Member is responsible for conducting their own analysis on particular investments and making their own investment decisions. Under no circumstances can any Student of this Community or Neptune Ave Corp or any affiliate of Neptune Ave Corp be held responsible for a trading decision made by another person.
Prior to buying or selling an option, an investor should read and understand the booklet, “Characteristics and Risks of Standardized Options.” You can access and download a copy of the booklet on The Options/Clearing Corporations’ (OOC) website at http:://www.theocc.com/publications/risks/riskchap1.jsp. This link reference as a courtesy and does not imply that The OCC is endorsing Neptune Ave Corp or its products. This booklet is also available free from your broker or from any of the U.S. Options Exchanges.
We encourage our subscribers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission (SEC) at http://www.sec.gov, and the National Association of Securities Dealers (NASD) at htpp://www.nasd.com. You can review public companies’ filings at the SEC’s EDGAR page. The NASD has published information on how to invest carefully at its website.
Performance figures are based on actual recommendations made by Neptune Ave Corp. Due to the time critical nature of stock, options and futures trading, brokerage fees, and the activity of other subscribers, Neptune Ave Corp cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our tracking guidelines. Past results are not necessarily indicative of future performance. Therefore, no subscribers or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels. The information contained in YOLO trading service is intended for use solely by individual subscribers and is not offered to institutional investment organizations.
Neptune Ave Corp is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. Neptune Ave Corp is not and will not be responsible for any trades made by a broker on the subscriber’s behalf under any circumstances.
Communicating with Neptune Ave Corp
Constructive feedback regarding Neptune Ave Corp services can be submitted to [email protected]
Your Personal Information
By using the Products and Services, you may be supplying us with “personal information.” We collect this to administer and help you use the Products and Services, send you a password, contact you about postings, and keep in touch with you. You can access and update your personal information in the Profile section of the Membership site.
Periodically, Neptune Ave Corp may send you information regarding the Products and Services through direct mailings or e-mails. If you do not want to be included on the Neptune Ave Corp marketing lists, you may opt out through the unsubscribe link at the bottom of the emails, by sending an e-mail to [email protected] or by mail to Neptune Ave Corp at 118 East 28th Street, Suite 207, New York City, New York 10016, and stating that you do not want to be included on the Neptune Ave Corp marketing list.
DELAYS IN SERVICES AND FORCE MAJEURE
Any delays in or failure of performance by Neptune Ave Corp or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Neptune Ave Corp control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. The Neptune Ave Corp shall have no responsibility to provide you access to Products and Services while interruption of the Products and Services due to any such or similar cause shall continue.
EQUIPMENT AND OPERATION
You shall provide and maintain all telephone and other equipment necessary to access the Products and Services, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay Neptune Ave Corp for your use of the Products and Services, and be billed in accordance with your access to Products and Services. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Website. Neptune Ave Corp shall not have any responsibility to provide you with alternate access to the Products and Services if your access is interrupted due to a breakdown or failure of your equipment.
Any Product that is returned for a cash refund must be in the original packaging, undamaged and resalable. There is a ten percent (10%) restocking fee on all products shipped from our fulfillment center.
In situations in which physical attempt to deliver a package is unsuccessful due to vendor shipping beyond our control we reserve the right to replace your order with a digital version equal to your order to satisfy your purchase. If the product is a digital product, there is a full refund ninety (90) day return policy.
A twenty-five dollar ($25) fee will be charged if your check payment is returned to Neptune Ave Corp for any reason (i.e., insufficient funds, account closing, etc.). Neptune Ave Corp assumes no responsibility for fees, charges or any other penalty that may be imposed by your bank as a result of an unpaid check.
MONEY BACK GUARANTEE
The Phoenix Letter and The Phoenix Options are yearly premium subscriptions and have a 60-day money back guarantee. The Chart Whisperer and Average Joe Options are monthly services with a 30-day money back guarantee. Due to the discounted nature of our money back guarantee, only cancellations within the 30-60 day period will be accepted. Cancellations must be received before the 30-60 days has expired to receive a refund on a money back guarantee subscription.
In order to be canceled from a membership, a member must either email or phone Neptune Ave to cancel member subscriptions. Please e-mail [email protected] or call (646) 896-3063 Monday through Friday between the hours of 9:30 AM and 5:30 PM EST. Unsubscribing to the weekly newsletter does not suffice as cancellation. In addition, each user is allowed only allowed one (1) money back guarantee per Neptune Ave product per a 365-day period. If a user engages a second period within the 365-day period, they will be charged the prevailing monthly rate of $225 or $2700 per year applied at our discretion.
All subscription fees must be full paid before you will be granted access to any membership service. You agree to pay all subscription fees and charges, if any, incurred in connection with your username and password.
Your subscription will continue for the Initial Term of the subscription as outlined in the offer for each specific product. The terms of fees for paid services are provided in the various offers for each product. It is your responsibility to read and understand the terms of the offer.
If you cancel your subscription within the first 30-60 day period of being granted to access to a subscription service, Neptune Ave will provide you a full refund of your 30-60 day subscription fees and will terminate your access to the premium subscription service.
Neptune Ave may terminate your access to the service at any time at its sole discretion, provided that we provide a pro-rated refund for any paid service.
You may remove the benefit of automatic renewal by notifying our Customer Service Department. You can contact Neptune Ave by telephone at (646) 896-3063 or by e-mail at [email protected] Your cancellation will take effect once you receive confirmation e-mail from us. The terms of any refunds of fees for paid services are provided in the various offers for each product.
After one (1) year, all active subscriptions will renew automatically at the end of the Initial Term for successive Renewal Terms, unless you notify us of your decision to cancel or not to renew your subscription via one of the methods outlined above in CANCELLATION/TERMINATION.
As described in the initial subscription process, as a part of the automatic renewal process, the applicable subscription renewal fee will be billed to the credit card you designated during the subscription process (or subsequently changed). After one (1) year, may be eligible for a partial refund any fees associated with your Renewal Term if you request to cancel at the discretion of Neptune Ave Corp.
You acknowledge that the information provided through the Products and Services is compiled from sources, which may be beyond the control of Neptune Ave Corp. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, you acknowledge that inaccuracies may occur and Neptune Ave Corp does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by Neptune Ave Corp for your personal information only, and is not intended for trading purposes. Information on this site does not constitute advice (investment, financial, tax, or legal) nor does such information include recommendations regarding particular financial instruments, investments or products. Neptune Ave Corp shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. Neptune Ave Corp makes reasonable efforts to obtain reliable content from third parties, but Neptune Ave Corp does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The Products and Services may point to other websites that may be of interest to you; however, Neptune Ave Corp does not endorse or take responsibility for the content on such other websites.
YOU ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. Neptune Ave Corp AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, Neptune Ave Corp DO NOT REPRESENT OR WARRANT:
THAT Neptune Ave Corp OR ITS PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS;
THAT THE ACCESS OR USE OF THE PRODUCTS AND SERVICES WILL BE ERROR-FREE; OR
THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH Neptune Ave Corp, ITS PRODUCTS OR SERVICES, OR THE RESULTS OF ANY SUCH PROCESSING.
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
LIMITATION OF LIABILITY AND
DISCLAIMER OF CONSEQUENTIAL DAMAGES
Neptune Ave Corp SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE THE PRODUCTS AND SERVICES.
YOU ALSO AGREE THAT THE Neptune Ave Corp SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES FOR ANY PURPOSE WHATSOEVER, EVEN IF THE Neptune Ave Corp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF THE Neptune Ave Corp BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF THE Neptune Ave Corp OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE.
YOU ACKNOWLEDGE AND AGREE THAT THE Neptune Ave Corp WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE Neptune Ave Corp OR THE PRODUCTS AND SERVICES. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD Neptune Ave Corp HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Neptune Ave Corp, FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE PRODUCTS AND SERVICES.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of Neptune Ave Corp and its Products and Services that may be imposed from time to time by the government of the United States of America. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Products and Services.
NO CONFLICTING TERMS
If there is any conflict between this Agreement, any purchase order, any help text, manuals or other documents relating to Neptune Ave Corp or its Products and Services, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by Neptune Ave Corp.
If Neptune Ave Corp takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, Neptune Ave Corp shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney’s fees, interest, and all costs of any litigation.
GOVERNING LAW, LIMITATIONS, AND VENUE
This Agreement shall be governed by the laws of the State of New York, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of Products and Services contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in New York, New York, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of New York as your agent for service of process.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
This Agreement shall be construed reasonably to carry out its intent without presumption against or in favor of either party. If any provision hereof shall be declared invalid by a court or in any administrative proceedings, then the provisions of this Agreement shall be construed in such manner so as to preserve the validity hereof and the substance of the transaction herein contemplated to the extent possible. The paragraph and/or section headings and the arrangement of this Agreement is for the convenience of the parties hereto and do not in any way affect, limit, amplify or modify the terms and provisions hereof.
WAIVER OF JURY TRIAL
You agree that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other concerning any matters whatsoever arising out of or in any way connected with this Agreement.
PRONOUNS AND HEADINGS
Every pronoun used in this Lease shall be construed to be of such number and gender as the context shall require. The headings appearing on the margin of this Lease are intended only for convenience of reference, and are not to be considered in construing this instrument.
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.