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Terms & Conditions of Use
Last revised: June 2009
A Note About Futures Trading
Please read and acknowledge this risk disclosure prior to proceeding. The risk of loss in trading commodity futures contracts can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. You may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position in the commodity futures market.
THE PERFORMANCE TABLES AND RESULTS OF THE TRADING SYSTEMS PRESENTED ARE HYPOTHETICAL IN NATURE AND DOES NOT REPRESENT ACTUAL TRADING RESULTS.
The CFTC requires the following disclosure statement in reference to hypothetical results.
Important Warning!
Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
WELCOME
Welcome! Please read carefully the following Terms & Conditions of Use
(“Terms & Conditions”) before using this website, as these Terms
& Conditions describe your rights and responsibilities and the conditions under
which this website can be used.
TheWizard.com, LLC ("TheWizard.com" or “we”) maintains this website (“The
Site”). “The Site” refers to, and these Terms & Conditions
apply to, the following websites: www.thewizardpicks.com.
By your use, continued use, browsing or viewing of The Site, you agree to these
Terms & Conditions, which govern your use of The Site. Also, by your actions to
register, to take steps that cause the creation for you of an account on The Site,
to access or to log onto a membership, registration, subscription or account for
The Site, you agree to these Terms & Conditions. The Terms & Conditions are
a binding contract between you and TheWizard.com. If you do not accept and agree with all of
the Terms & Conditions without modification, you are not authorized to access
or use The Site for any purpose.
Should you make a purchase, for example of a subscription, through The Site, you
agree not only to these Terms & Conditions but also to the applicable
subscription agreement or other sales terms of which this Site will inform you.
You must be 18 years or older to use The Site, the Publication or to obtain a
Subscription.
You represent that you have read and agree to abide by these Terms &
Conditions.
Modifications. We reserve the right to modify the Terms & Conditions
at any time without giving you prior notice. Your use, continued use, browsing or
viewing of The Site following any such modification constitute(s) your agreement to
follow and be bound by these Terms & Conditions, as modified. For this and
other reasons, we encourage you to review the Terms & Conditions whenever you
use The Site.
SUBSCRIPTIONS
Subscriptions. You are encouraged to purchase Subscription Packages(s)
(“Subscriptions”) through The Site. Your purchase of a Subscription
will be subject to these Terms & Conditions as well as the provisions of your
Subscription Agreement.
Publication. TheWizard.com’s computerized trading system and indicators run
their calculations daily or on other posted schedules. A Subscription will provide
you, for the duration of your subscription, on-line access to TheWizard.com’s on-line
publication or service (the “Publication”) that displays information,
signals and results produced by TheWizard.com’s computerized trading system and
indicators, for all of the items within the Subscription Package.
The Publication is an on-line business/financial publication or newsletter of
general and regular circulation containing information produced and calculated
through TheWizard.com’s computerized trading system on a daily basis or other posted
schedule. The Publication is published on a regular basis to TheWizard.com’s
Subscribers and is accessible whenever and wherever The Site is accessible, unless
noted otherwise.
Information in the Publication or on The Site. Information produced by
the Publication is the product of TheWizard.com’s computerized trading system. The
Publication, information within the Publication, The Site and Site Information are
standardized, non-customized and non-personalized information. They are not
personalized advice. They are not based upon your personal circumstances, needs,
objectives or risk tolerances. Although The Site may allow you to select different
views of portions of the Publication, to search, or even to create your own
groupings of investment possibilities to be viewed in a “portfolio” or
“scan” on The Site, neither the Publication nor the substantive content
of the Publication is based upon, varies because of, nor relies upon any activity
or inputs by you. Your selection, grouping or creation of different views of the
Publication’s information does not change TheWizard.com’s trading system,
TheWizard.com’s computer software for the trading system, the calculations performed by
TheWizard.com’s trading system, the information in the Publication or any information
on The Site. TheWizard.com does not review any portfolio or scan you create, except in rare
and extraordinary circumstances or for purely technical reasons related to the
operability of The Site; and if such action does occur, TheWizard.com will not give you any
personalized investment advice based upon or about your portfolio or scan.
TheWizard.com cannot and does not assess or guarantee the suitability or profitability of
any particular investments for you, or the potential value or viability of when you
should or should not utilize particular trading methods or strategies.
The information contained in the Publication or otherwise on The Site is
provided for general informational, educational and entertainment purposes. It is
not intended as, and you should not construe it as any of the following:
investment, tax, accounting or legal advice; an endorsement, recommendation or
sponsorship of any stock, company, security, fund or investment; or as an offer or
solicitation of an offer to buy or sell any stock, company, security, fund or
investment. It is not a substitute for obtaining professional advice from a
qualified person, firm or corporation familiar with your personal situation, needs,
objectives and circumstances. Please seek the advice of professionals, as
appropriate, regarding the evaluations of any specific security, report, opinion,
advice or other content.
Your Subscription Account. Certain parts of The Site may be protected by
passwords or require a login. Further, for authentication purposes, certain
features on The Site may require you to answer a designated security question. We
will treat any personal information that you submit through The Site in accordance
with our Privacy Policy, which is incorporated herein by reference. You agree to
provide TheWizard.com with current, updated, complete and accurate information as prompted by
the applicable registration process and agree to regularly update this information
to maintain its completeness and accuracy. You agree not to obtain or to attempt to
obtain unauthorized access to such parts or features on The Site, or to any other
protected materials or information, through any means not intentionally made
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time on The Site, any aliases or pseudonyms or to provide any false or out of date
information about yourself. You may not (i) select or use a screen name of another
person with the intent to impersonate that person; (ii) use a name of any person
other than yourself without authorization; or (iii) use a screen name that TheWizard.com, in
its sole discretion, deems offensive or inappropriate.
You are responsible for maintaining the confidentiality of any account
information, user names, logins, passwords, and security questions and answers that
you use to access any page or feature on The Site, and for logging off your account
and any protected areas of The Site. Further, you are fully responsible for all
activities that may result from your negligence, carelessness, misconduct or
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immediately if you become aware of any suspicious, suspected or unauthorized use or
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logins, passwords, and security questions and answers, including loss, theft or
unauthorized disclosure of your password or credit card information. TheWizard.com will not
be liable for any loss or damage arising from your failure to comply with this
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subscription, including the use of such things by any third party, whether or not
authorized by you to use such things. Any fraudulent, abusive, or otherwise illegal
activity is a violation of these Terms & Conditions and may be grounds for
termination, at TheWizard.com’s sole discretion, and the person may be referred to
appropriate law enforcement agencies.
Products and services provided to you through The Site may involve the
electronic transmission, including via any email address you provide to us, of
information that you may consider to be personal financial information or
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Pricing. TheWizard.com reserves the right to change, increase or decrease
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Subscribers are responsible for all sales tax, tariffs, duties and fees. Payment
for your subscription, including renewals, is due in advance of the subscription
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Renewal. Your subscription will continue through the end of the
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sooner than 30 days before the expiration of an annual subscription and 5 days
before the expiration of a monthly subscription. Upon receipt of funds, your
subscription shall automatically renew for another term of the paid-for duration.
UNLESS YOU NOTIFY US THAT YOU WISH TO NON-RENEW THE SUBSCRIPTION, WE WILL
AUTOMATICALLY ENGAGE IN THIS PROCESS FOR SO LONG AS WE CONTINUE TO OFFER THE
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US BEFORE THE TIMES INDICATED ABOVE ON WHICH RENEWAL CHARGES MAY BE ATTEMPTED BY
TheWizard.com.
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Only Individual Use, Not Corporate Use. Absent prior written approval
from TheWizard.com, any Subscription purchased is only for you, the named subscriber, for
your individual use. Absent prior written approval from TheWizard.com, you may NOT use The
Site, a Subscription, the Publication or any information on The Site for any other
purposes. For example, and without limitation, you may NOT use The Site, a
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business, for a fund, for a hedge fund, for your company, for your partnership,
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or answers for any part of The Site or Subscription. Should you be interested in
using any part of The Site or the Publication for any other purposes, such as your
business, please contact TheWizard.com directly to discuss your proposed business
relationship or your proposed use of The Site for, by or for the benefit of your
company.
No Resale. Any Subscription is intended for you alone, and is not for
resale. Any purported resale or sublicensing of a Subscription is void and a
violation of these Terms & Conditions.
DISCLAIMER
SITE INFORMATION. “SITE INFORMATION” REFERS TO ALL
INFORMATION ON THE SITE, INCLUDING WITHOUT LIMITATION, THE PUBLICATION, THE
INDICATOR(S), THE RESULTS OF TheWizard.com’S COMPUTERIZED TRADING SYSTEM, AND ALL OTHER
INFORMATION, STRATEGIES, COLUMNS, GUIDES, DOCUMENTATION, TRAINING, VIDEOS,
SEMINARS, BLOGS, ARTICLES AND OTHER FEATURES OF THE SITE.
AT YOUR OWN RISK. YOUR USE OF THE SITE AND SITE INFORMATION IS
ENTIRELY AT YOUR OWN RISK. ALL SITE INFORMATION (INCLUDING WITHOUT LIMITATION
SUBSCRIPTIONS AND THE PUBLICATION) IS PROVIDED “AS IS,” ON AN “AS
AVAILABLE” BASIS, AND WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. SITE INFORMATION SHOULD BE USED, AT YOUR OWN SOLE RISK AND
WITHOUT RELIANCE, AS A STARTING POINT FOR DOING YOUR OWN INDEPENDENT RESEARCH IN
ORDER TO ALLOW YOU TO FORM YOUR OWN OPINION REGARDING INVESTMENTS. YOU ASSUME FULL
RESPONSIBILTY FOR ANY AND ALL GAINS AND LOSSES, FINANCIAL, EMOTIONAL OR OTHERWISE,
EXPERIENCED, REALIZED, SUFFERED OR INCURRED BY YOU.
NOT A GUARANTEE; NOT A RECOMMENDATION. TheWizard.com BELIEVES THAT THE SITE
INFORMATION INCLUDES A UNIQUE SYSTEM OF STOCK ANALYSIS. ALL OF THE SITE INFORMATION
IS BASED ON DATA AND SOURCED BELIEVED TO BE RELIABLE, BUT ACCURACY, TIMELINESS AND
COMPLETENESS CANNOT BE GUARANTEED. THE SITE AND SITE INFORMATION IS FOR
INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE SITE AND
NO SITE INFORMATION IS A RECOMMENDATION, ADVICE OR SOLICITATION TO BUY, SELL OR
HOLD STOCKS, SECURITIES, BONDS, FUTURES, FUNDS, OTHER INVESTMENTS, OR FINANCIAL
INSTRUMENTS. YOU SHOULD NOT CONSTRUE ANY SITE INFORMATION AS LEGAL, TAX,
INVESTMENT, FINANCIAL OR OTHER ADVICE. TheWizard.com, ITS OWNER(S), AND ITS REPRESENTATIVES
ARE NOT MAKING ANY RECOMMENDATIONS TO BUY AND/OR TO SELL ANY STOCKS, SECURITIES,
BONDS, FUTURES OR OTHER INVESTMENTS OR FINANCIAL INSTRUMENTS. TheWizard.com, ITS OWNER(S),
AND ITS REPRESENTATIVES ARE NOT BROKERS OR DEALERS.
PAST, MODELED OR SIMULATED PERFOMANCE. PAST PERFORMANCE IS NOT A
GUARANTEE OF FUTURE RESULTS. HYPOTHETICAL, MODELED OR SIMULATED PERFORMANCE RESULTS
HAVE INHERENT LIMITATIONS, AND DO NOT REPRESENT ACTUAL TRADING. YOU SHOULD NOT
ASSUME THAT FUTURE ACTIVITY WILL ACHIEVE THE SAME OR SIMILAR RESULTS AS OR BE
INDICATED BY PAST RESULTS OR HYPOTHETICAL, MODELED OR SIMULATED PERFORMANCE
RESULTS.
TheWizard.com IS NOT AN INVESTMENT ADVISER, BROKER DEALER OR SIMILAR
PROFESSSIONAL. TheWizard.com, ITS OWNER(S), AND ITS REPRESENTATIVES ARE NOT AUTHORIZED,
TRAINED OR PERMITTED TO PROVIDE INVESTMENT OR TRADING ADVICE OR TO SOLICIT ORDERS.
THEY ARE NOT INVESTMENT ADVISORS, COMMODITY TRADING ADVISORS, BROKERS, DEALERS,
BROKER DEALERS, SIMILAR ADVISORS, YOUR REPRESENTATIVES OR YOUR FIDUCIARIES. TheWizard.com,
ITS OWNER(S), AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN AS
A RESULT OF ANY INFORMATION, INVESTMENT OR TRADING INFORMATION OR ADVICE PROVIDED
THROUGH THE SITE OR BY TheWizard.com, ITS OWNER(S) OR ITS REPRESENTATIVES, WHETHER THE
COMMUNICATION IS PROVIDED THROUGH THE SITE, SITE INFORMATION, BLOG(S), EMAIL(S),
TELEPHONE CALL(S) OR OTHERWISE; AND ANY SUCH INFORMATION OR ADVICE RECEIVED BY YOU
SHOULD NOT BE RELIED UPON OR CONSIDERED ACCURATE FOR ANY REASON.
TRADING HAS RISKS. YOU UNDERSTAND AND AGREE THAT THERE IS A VERY HIGH
DEGREE OF RISK INVOLVED IN TRADING STOCKS, SECURITIES, BONDS, FUTURES OR OTHER
INVESTMENTS OR FINANCIAL INSTRUMENTS. YOU ALSO AGREE THAT THERE ARE RISKS INVOLVED
IN DESIGNING, EVALUATING AND IMPLEMENTING COMPUTERIZED TRADING SYSTEMS, TRADING
SYSTEMS, INVESTMENT STRATEGIES AND STOCK INVESTMENTS. YOU AGREE THAT FUTURE RESULTS
MAY NOT BE PROFITABLE OR EQUAL TO PAST PERFORMANCE, REAL, INDICATED OR IMPLIED. YOU
SHOULD NOT TRADE UNLESS YOU ARE WILLING TO TAKE THE CHANCE THAT YOU WILL LOSE ALL
OF YOUR INVESTMENT. DEPENDING UPON THE NATURE OF THE TRADING IN WHICH YOU MAY
ENGAGE, YOU COULD LOSE MORE THAN YOUR INITIAL INVESTMENT.
TheWizard.com ASSUMES NO RESPONSIBILTY FOR YOUR TRADING. TheWizard.com ASSUMES NO
RESPONSIBILTIY OR LIABILITY FOR ANY TRADING IN WHICH YOU MAY CHOOSE TO ENGAGE OR
FOR INVESTMENT RESULTS YOU MAY REALIZE. THE SITE AND SITE INFORMATION IS
STANDARDIZED, IS NOT EXHAUSTIVE, IS NOT PERSONALIZED, IS NOT BASED UPON AND IS NOT
CUSTOMIZED TO YOUR NEEDS, SITUATION, GOALS OR OBJECTIVES.
YOU ASSUME ALL RESPONSIBILITY. YOU ALONE ASSUME SOLE RESPONSIBILITY
FOR ANY INVESTMENT DECISIONS YOU MAKE, WHETHER OR NOT YOU BELIEVE THEY ARE BASED,
IN PART OR IN WHOLE, ON THE SITE OR SITE INFORMATION. TheWizard.com, ITS OWNER(S),
EMPLOYEE(S), AGENT(S) AND REPRESENTATIVE(S) ARE NOT RESPONSIBLE FOR ANY LOSSES OR
PROFITS YOU MAY INCUR, AND YOU AGREE NOT TO CLAIM OR HOLD TheWizard.com, ITS OWNER(S),
EMPLOYEE(S), AGENT(S) AND REPRESENTATIVE(S), RESPONSIBLE OR LIABLE FOR ANY DAMAGES
ARISING FROM ANY DECISION, LACK OF DECISION, INTERRUPTION IN OR INTERCEPTION OF
SERVICE, OR OTHER ACTION YOU TAKE OR MAKE BASED, IN PART OR ON WHOLE, ON THE SITE
OR SITE INFORMATION.
DISCLAIMER OF WARRANTIES. YOUR USE OF THE SITE AND SITE INFORMATION IS
AT YOUR OWN RISK. THE SITE AND ALL SITE INFORMATION ARE PROVIDED “AS
IS,” ON AN “AS AVAILABLE” BASIS, AND WITHOUT GUARANTEES OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE MAY BE DELAYS,
OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SITE OR SITE INFORMATION, AND TheWizard.com
IS NOT RESPONSIBLE FOR SUCH THINGS. TheWizard.com IS NOT RESPONSIBLE FOR THE AVAILABILITY OR
CONTENT OF OTHER SITES THAT MAY BE LINKED TO THE SITE. TheWizard.com HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, SUITABILITY, NON-INFRINGEMENT, AND
CONDITION. TheWizard.com DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE
UNINTERRUPTED, THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, THAT DEFECTS WILL BE CORRECTED, THAT NO VIRUSES WILL BE
TRANSMITTED ON THE SITE, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TheWizard.com DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE OR SITE
INFORMATION IN TERMS OF ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. TheWizard.com DOES
NOT WARRANT OR MAKE ANY REPRESENTATION THAT INFORMATION COMMUNICATED TO YOU WILL
NOT BE LOST OR INTERCEPTED. THE SITE AND SITE INFORMATION MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TheWizard.com MAY MAKE CHANGES OR IMPROVEMENTS AT
ANY TIME. YOU, AND NOT TheWizard.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE
SITE OR SITE INFORMATION. TheWizard.com MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR SITE
INFORMATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH THINGS. NO ADVICE, RESULTS OR
INFORMATION, WHETHER ORAL, ELECTRONIC OR WRITTEN, OBTAINED BY YOU FROM TheWizard.com THROUGH
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE
DISSATISFIED WITH THE SITE OR SITE INFORMATION, YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SITE.
Date of Publishing. All Site Information, whether historical in nature or
forward-looking, speaks only as of the date Site Information is published on The
Site and is subject to change without notice; and TheWizard.com does not undertake any
obligation to update such Site Information after it is posted or to remove such
Site Information if it is not, or is no longer, accurate or complete. Quoted prices
of stocks, funds, and other financial investments or instruments are not updated to
the minute, rather they are subject to at least a 20 delay, depend upon market
fluctuations, are based upon the latest quotes received from third-party providers,
and/or may represent a price as of the last preceding day of trading, although TheWizard.com
cannot guarantee the accuracy of the quoted information that is provided by third
party service provider(s). Before trading, buying or selling any stock or
investment, you should consult a qualified broker or other financial professional
to assess or verify pricing and other information.
Your Requirements. It shall be your own responsibility to ensure that any
Subscriptions, products, services or information available through The Site meet
your specific requirements.
Corrections. TheWizard.com reserves the right, but assumes no obligation, to
correct any errors or omissions on The Site. Although TheWizard.com intends to take
reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or
other destructive materials to The Site, TheWizard.com does not guarantee or warrant that The
Site or materials that may be downloaded from The Site do not contain such
destructive features. TheWizard.com is not liable for any damages or harm attributable to
such features. You should not rely on The Site, and if you do rely on The Site, you
do so solely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL TheWizard.com, ITS
SUBSIDIARIES, AFFILIATES, OWNER(S), LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR
OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR
INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, RELIANCE UPON, THE INABILITY TO USE
OR INTERRUPTION IN USE OF ANY OF THE SITE, SITE INFORMATION, SUBSCRIPTION,
PUBLICATION, OR ANY MATERIALS AND/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM
THE SITE, OR INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS
OF REVENUE, REPLACEMENT COSTS, ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES,
EVEN IF TheWizard.com OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION APPLIES TO ALL TYPES OF CLAIMS, INCLUDING TORT, CONTRACT
AND OTHER CLAIMS, AND INCLUDES CLAIMS OF NEGLIGENCE, INTENTIONAL CONDUCT, AND
RELIANCE. IN NO EVENT SHALL ANY LIAIBLTY TO TheWizard.com EXCEED THE TOTAL SUBSCRIPTION FEES
PAID BY YOU WITHIN SUBSCRIPTION TERM IN WHICH THE ALLEGED EVENT ALLEGEDLY GIVING
RISE TO LIAIBLITY OCCURRED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SOME
CIRCUMSTANCES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS IN
PARTICULAR CIRCUMSTANCES. YOU HEREBY AGREE TO RELEASE TheWizard.com, TheWizard.com’S AFFILIATES
AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OWNERS,
OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WITHOUT LIMITING
THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY
RELATED TO ILLEGAL CONDUCT BY YOU OR TO CONDUCT BY YOU IN VIOLATION OF THESE TERMS
& CONDITIONS; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR
RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT BY YOU OR TO CONDUCT BY YOU IN VIOLATION
OF THESE TERMS & CONDITIONS; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET
FORTH BELOW.
Indemnity. You agree to indemnify and hold TheWizard.com, its owner(s), employees,
representatives, affiliates, licensors, content providers, and service providers,
and all of their employees, agents, officers, managers, directors, owners,
shareholders, agents, and contractors (the “Indemnified Parties”)
harmless from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these Terms &
Conditions by you or done at your direction or request or from any illegal conduct
by you, including without limitation any use of The Site or any Content other than
as expressly authorized in these Terms & Conditions. You agree that the
Indemnified Parties will have no liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified
Parties in connection therewith. You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties arising out
of your use of the information accessed from The Site. We reserve the right to take
over the exclusive defense of any claim for which we are entitled to
indemnification under these Terms & Conditions. In such event, you shall
provide us with such cooperation as is reasonably requested by us and reimburse us
all defense costs, including reasonable attorneys’ fees.
Holdings. TheWizard.com, its owner(s), employees, representatives, or agents may
have positions in and from time to time make purchases or sales of stocks,
securities, bonds, futures, funds, investments or financial instruments discussed
or mentioned on The Site or in the Publication.
Disclaimer Page. Our Disclaimer is restated in our Disclaimer page.
PRIVACY POLICY
Our policy with respect to the collection and use of your personal information,
and other related matters, is set forth in our Privacy Policy.
OTHER SITE FEATURES
Blogs. The blog(s), articles, and columns on The Site are provided for
informational, educational and entertainment purposes only. Certain blog(s),
articles, and columns may be available on The Site without a Subscription. All
blog(s), articles, and columns are part of TheWizard.com’s business/financial
publications or newsletters of general and regular circulation. They provide
standardized, non-customized and non-personalized information that is not based
upon your personal circumstances, needs, objectives or risk tolerances.
Training and Seminars. TheWizard.com may provide training and/or seminars through
or using The Site. Such services concern the functioning of The Site or TheWizard.com’s
computerized trading system. They are provided for informational, educational and
entertainment purposes only. Such things are standardized, non-customized and
non-personalized; they are not advice based upon your personal circumstances,
needs, objectives or risk tolerances.
Top Picks. The Site may list or highlight “top picks” or a
similarly named feature. Such a designation indicates only the historical success
or accuracy of TheWizard.com’s trading system with respect to such stock, fund or
investment based upon a hypothetical position in it. Such a designation does not
indicate a recommendation or advice by TheWizard.com, its owner(s) or representative(s) to
purchase, sell or make any trade(s) with such stock, fund or investment. TheWizard.com has
not received compensation to list any stock, fund or investment with such a
designation.
Email. You acknowledge that email is not 100% reliable. There may be
times when you do not receive email from TheWizard.com. You agree that any email is provided
as a convenience and that the primary source of a Subscription is The Site. You
agree that it is your responsibility, if you do not receive any expected email
communication, to check your spam filters, folders or other materials, and to
access The Site appropriately. TheWizard.com is not responsible for your failure to receive
any specific email communication.
CONTENT
Content. The Site may have three types of content
(“Content”). Content that is provided or posted by you to us, for The
Site or otherwise, is known in these Terms & Conditions as a
“Submission.” A Submission includes testimonials, information,
comments, postings, ideas, concepts, methods, systems, designs, plans, techniques,
photographs, images, illustrations, audio clips, video clips, or other materials
which you provide to us or The Site. Do not provide us information about your own
personal portfolio, investment needs or objectives; we will not provide you
personalized investment advice based upon such information. Content that third
parties provide to TheWizard.com for inclusion on The Site, whether through a Submission or
otherwise, is known in these Terms & Conditions as Third Party Content. Third
Party Content is discussed below. Everything else, including all other Content
provided by us, The Site itself, the Publication, the Trademarks, blogs, text,
photographs, graphics, video, audio content, information, data, software, graphs,
videos, typefaces, sounds, brands, the design, layout, look and appearance of The
Site and other material, whether in the form shown on The Site or in other forms,
media, technologies existing now or hereinafter developed is known herein as
“Our Content.” Our Content can include items which were originally
known as Submissions and which have subsequently become owned by TheWizard.com.
Trademarks. THE WIZARD™, The Wizard™ logo, THE WIZARD*FROM
BUY SELL OR GET OUT™, THE WIZARD*FROM BUY SELL OR GET OUT™ logo, and
BUYSELLORGETOUT™ are trademarks of TheWizard.com. These and other brands that may be
adopted by TheWizard.com are known in these Terms & Conditions as the
“Trademarks.” You agree that TheWizard.com owns the Trademarks and that you will
not use the Trademarks in any way.
Ownership of Our Content. All of Our Content published on The Site is
protected by copyright, trademark or other laws, and is owned or controlled by TheWizard.com.
Third Party Content may also be protected by copyright or other laws, and owned or
controlled by the party credited as the provider of the content, software, or other
materials. You shall abide by all additional copyright notices, information, or
restrictions contained in any Content accessed through The Site.
Ownership of Indicator, Software and Computerized Trading System. You
agree that all rights to TheWizard.com’s trading system, computerized trading system,
and indicator, including without limitation its embodiment and expression in
software or other computerized form (collectively, the “Trading
System”) are owned exclusively by TheWizard.com. You agree that the Trading System is
more than a purely functional mathematical formula. Except to the extent you are
permitted to view the results of the application of the Trading System through a
Subscription, you are not permitted to and you agree not to use, copy, distribute,
sell, offer, license, market, reverse engineer, disassemble, decompile, crack,
break into, hack, affect, or view the Trading System, Our Content or Site
Information, or any part thereof, in any way. You further agree that you will not
create or attempt to create your own software that mimics, replicate or re-creates
the Trading System or a substantially similar or an equivalent system, or that is
substantially similar software.
Protection. The Site, Our Content and the Trading System is also
protected as and by copyrights, trademarks, patents or other proprietary rights and
laws. The Site, Our Content and the Trading System are copyrighted as a collective
work and/or compilation pursuant to U.S. copyright laws, international conventions,
and other copyright laws, and TheWizard.com owns, to the fullest extent allowed by such laws,
the copyright in the selection, coordination, arrangement and enhancement of The
Site, Our Content and the Trading System. You may not copy, use, modify, publish,
transmit, remove, delete, enter into a database, augment, add to, reproduce, create
derivative works from, distribute, distribute over a network or as a service
bureau, perform, display, transmit, frame, stream, market, participate in the
transfer or sale, lease or rental of, or in any way exploit, any of The Site, Our
Content and the Trading System, in whole or in part, without our express prior
written consent. Neither title nor intellectual property rights are transferred or
granted to you by access to The Site.
Third-Party Content. The Site includes certain information provided by
third-party providers (“Third Party Content”), such as price quotes,
charts, news, market updates, portfolio tracking, historical and other information.
Neither TheWizard.com nor the provider of Third Party content shall have any liability for
any errors or delays in the substance, content, provision, or availability of Third
Party Content, or for any actions taken in reliance thereon. Third Party Content
may also be protected by copyright or other laws, and owned or controlled by the
party credited as the provider of the content, software, or other materials.
Site Integrity. The Site has been specially designed for presentation of
content in a unique format and appearance. We are concerned about the integrity of
The Site when it is viewed in a setting created by a third party that includes
advertising or other materials that we have not authorized to be displayed with The
Site. Without limiting the provisions of the section entitled “Individual Use
Only,” neither you nor any third party shall make use of The Site or Site
Information in any manner that constitutes an infringement or violation of our
rights, including copyright, or that has not been authorized by us.
Copyright Notice. Copyright 2008 TheWizard.com, LLC. All rights
reserved.
Copyright Management Information. You agree that you will not remove,
change or obscure any copyright or other notices for The Site, Site Information or
anything from or involved with The Site.
CODE OF CONDUCT
Legal Use and Lawful Purposes Only. The Site and all Site Information is
intended for lawful purposes only. The Site and all Site Information is not
intended for use contrary to any applicable law, or for distribution to, or use by,
any person in any jurisdiction, authority or country where such actions would be
unlawful or that would subject TheWizard.com to any registration requirements in any
jurisdiction, authority or country. Unauthorized use of The Site may give to a
claim for damages and/or be a criminal offense.
Prohibited Actions. While using or doing anything with The Site, you may
not: -engage in any activity on The Site that restricts or inhibits any other user
or subscriber from using or enjoying The Site such as hacking, cracking, spoofing,
using aliases, sock puppetry, personal attacks, vandalism, or defacing any portion
of The Site;
-harvest or collect information about The Site’s visitors, subscribers,
members or registrants without their express consent;
-use The Site to defame, abuse, stalk, threaten, harass, or libel others or
otherwise to violate the legal rights of others or for any fraudulent purpose;
-indicate or imply that any statements you make are endorsed by TheWizard.com, without our
prior written consent;
-create a database by systematically downloading and storing The Site or any
Site Information;
-copy, frame or mirror The Site any Site Information without our prior written
consent;
-interfere with or disrupt the operation of The Site, the servers or networks
used to make The Site available or violate any requirements, procedures, policies
or regulations of such networks; or
-violate any of these Terms & Conditions.
Basic Representations. You represent, warrant, and covenant (a) that you
will comply with these Terms & Conditions; (b) that no materials of any kind
submitted through your account or subscription will (i) violate, plagiarize, or
infringe upon the rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii) contain libelous or
otherwise unlawful material; and (c) that you are at least eighteen (18) years
old.
Monitoring. TheWizard.com reserves the right, but assumes no obligation, to monitor
your actions on or with respect to The Site. TheWizard.com reserves the right, but assumes no
obligation, to take actions and to disclose any information as necessary or
appropriate to satisfy any law, regulation or other authority’s or
government’s request or order, to operate The Site, to protect or act in the
interests of TheWizard.com or its other subscriber. TheWizard.com will not intentionally monitor or
disclose email messages that you inform us are private except in accordance with
the prior sentence.
SUBMISSIONS
Unsolicited Materials. Unless specifically requested, we do not solicit
any confidential, secret or proprietary information or other material from you
through or for The Site, by e-mail or in any other way.
Provision. You may (or may not) in the future have the opportunity on The
Site (or otherwise) to post, transmit or otherwise make available Submissions,
including testimonials, opinions, responses, ideas, images or other things. We
reserve the right to post and to remove any Submissions sent to TheWizard.com or posted to
The Site for any reason, or for no reason at all. Decisions as to whether
Submissions should be posted or removed, or violates our standards will be made in
our sole discretion after we have actual notice of such posting.
If you contribute any Submissions, you are publishing every word and material
you provide. You should therefore assume that it may be retained forever, although
we assume no obligation to retain or make it available for any length of time, much
less forever. With respect to Submissions posted to or on The Site, if any, we are
the provider of an interactive computer service and user providing the Submission
(which may be you or a third party) is the publisher or speaker of the
Submission.
Submission Content. You are responsible for all Submissions you provide.
You represent and warrant that:
-all Submissions you provide are NOT illegal, defamatory, libelous, threatening,
intimidating, derogatory, abusive, harassing, rude, vulgar, obscene, bigoted or
hateful, insensitive, petty, uncivil, offensive, profane, scandalous, pornographic,
indecent, invasive of privacy or publicity rights, tortuous, unreasonable, or
intentionally false, fraudulent, deceptive, wrong, improper or otherwise
objectionable; -all Submissions you provide do NOT infringe any copyright, patent,
trademark or other intellectual property right;
-all Submissions you provide are either original to you or are provided without
violation or infringement of any contract or rights of any others;
-all Submissions you provide do not contain any material, non-public information
about any third party or third-party’s intellectual property, trade secret,
or other rights;
-no other party has any rights to the Submissions you provide or that you have
all rights necessary to grant the rights and agree to the provisions of these Terms
& Conditions;
-your act of providing, and the continued existence on The Site of, such
Submissions does NOT violate any right, restriction, law, regulation, ordinance,
governmental decree, contract or obligation;
-all Submissions you provide are provided without any restrictions;
-all Submissions you provide do NOT violate these Terms & Conditions;
-all Submissions you provide do NOT solicit, encourage or promote illegal
activity or substances;
-all Submissions you provide do NOT express or imply that any statements you
make are endorsed by TheWizard.com, without our prior written consent; and
-none of your Submissions give rise to civil or criminal liability, encourage
conduct that constitutes a criminal offense or otherwise violates any local, state
or federal law.
You may NOT provide or post Submissions that are contrary to the above
representations, warranties and restrictions.
Prohibited Submissions. Additionally, you may not post, transmit or
provide as a Submission for The Site the following:
-advertising or commercial solicitations, chain letters, pyramid schemes,
investment opportunities;
-promotional materials relating to other websites or online services competitive
with TheWizard.com or The Site;
-software or other materials that are or contain spam, viruses, worms,
time-bombs, Trojan horses, or another harmful or disruptive component;
-personalized information about your own investments, objectives, needs or
portfolios;
-political campaign materials, chain letters, mass mailings or spam; or
-any robot, spider, site search/retrieval application or other manual or
automatic device or process to retrieve, index, database, data mine, or in any way
reproduce or circumvent The Site or the navigational structure or presentation of
The Site.
Not Confidential. Submissions will be deemed NOT to be confidential or
secret. We and all other users will not be required to treat any of your
Submissions as confidential, and may use any of your Submissions in our respective
businesses (including without limitation, for products or advertising) without
incurring any liability for royalties, damages or any other consideration of any
kind, and will not incur any liability as a result of any similarities that may
appear in our future operations.
Use of Submissions. Please note that because we may allow users like
yourself to post materials on forums and in other ways on The Site, we need to
obtain certain rights in your Submissions. By submitting or otherwise making
Submissions available on The Site, you hereby grant to us and all users a
royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display your
Submissions, and to incorporate your Submissions in other works in any form, media,
or technology now known or later developed. You also agree and acknowledge that any
and all of your Submissions, such as information, ideas, concepts, methods,
systems, designs, plans, techniques or other similar materials, that you post,
submit or otherwise communicate to us or The Site may be used by us and other users
in any manner, and without limitation may be displayed on The Site and copied,
printed and distributed for educational, promotional, marketing or any other
purposes.
Noncommercial. To the extent that any forums, message boards, blogs and
similar things are provided by on The Site for the receipt and posting of
Submissions, such things shall be used only in a noncommercial manner. You shall
not, without the express approval of TheWizard.com, distribute or otherwise publish any
material containing any solicitation of funds, advertising or solicitation for
goods or services.
Responsibilities. TheWizard.com is not responsible for any content of any
Submissions on The Site. TheWizard.com has the right, but assumes no obligation, to monitor
Submissions for compliance with these Terms & Conditions or any other reason.
TheWizard.com reserves the right not to post and to delete, move, or edit messages that it,
in its sole discretion, desires not to have on The Site, or deems abusive,
defamatory, obscene, in violation of copyright or trademark laws, otherwise
unacceptable or in violation of these Terms & Conditions. TheWizard.com reserves the
right, but not the obligation, to take any action it deems appropriate with respect
to The Site, Submissions, and Third Party Content to operate The Site properly, to
protect other users, TheWizard.com, TheWizard.com’s business relationships, and guests to The
Site, and to comply with legal obligations or governmental requests. The providers
of Submissions shall remain solely responsible for the content of their
Submissions.
Editing. By providing a Submission, you acknowledge and agree that any
Submissions (whether a letter to the editor, testimonial, review, commentary, or
otherwise) may be edited, removed, modified, published, transmitted, displayed,
truncated, or not posted, or not displayed by TheWizard.com. In addition, by providing a
Submission, you warrant that you have irrevocably waived all moral rights and other
rights with respect to attribution of authorship or integrity, under any applicable
law under any legal theory, in any Submissions you provide.
Submission Inaccuracy. Submissions and the Third Party Content that may
be found on The Site have not necessarily been reviewed by people with the
expertise required to provide you with complete, accurate or reliable information.
Such things are therefore provided “as is” and without any warranties
of any sort. Without limitation, such things are NOT provided with any warranties
as to their accuracy, commercial reasonability, condition or non-infringement.
Additional disclaimers are set forth below. TheWizard.com does not represent or endorse the
accuracy or reliability of any Submission, Third Party Content, advice, opinion,
statement, or other information displayed, uploaded, or distributed through The
Site by any user, information provider or any other person or entity. You
acknowledge that any reliance upon any such opinion, advice, statement, memorandum,
or information shall be at your own sole risk. TheWizard.com reserves the right, in its sole
discretion, and assumes no obligation, to correct any errors or omissions in any
portion of The Site.
Personal Information. Information, including personally identifiable information
(any information which can be used to identify a specific individual, such as a
name, email address, postal address or telephone number) which is provided as a
Submission or posted by you on The Site in an area viewable by other users will be
accessible to other users including people you may not know. Making this
information available may result in a user receiving “spam” or
unsolicited e-mail. You are encouraged to use discretion when communicating with
others and/or disclosing personally identifiable information on-line. In addition,
TheWizard.com has no control over, and shall have no liability for, damages resulting from
the use or misuse by any third party of information that you voluntarily make
public through a Submission. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY
IDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A SUBMISSION, YOU DO SO AT YOUR
OWN RISK. Without limiting the foregoing, you consent to the publication of any of
the following that you provide to us, including in a testimonial: your name, first
name, last name, initials, the testimonial and signature.
LINKS
Links. The Site may contain links to other related World Wide Web or
Internet sites or resources. These links are provided for your convenience and to
provide further information. They do not signify that we endorse or have an
association with the linked website. As TheWizard.com is not responsible for the availability
of these outside resources, or their contents, you should direct any concerns
regarding any external link to the site administrator or Webmaster for such link.
Such external links and their contents have not been developed, checked for
accuracy, or otherwise reviewed by TheWizard.com, and therefore, TheWizard.com is not responsible for
liability, damages or losses caused by any deficiencies, inaccuracies, delays,
untimeliness, or inability to access that may arise with such things.
No Linking Without Prior Permission. You may not create a link to The
Site from another website or document without our prior written consent.
TERMINATION AND SUSPENSION
Access to The Site and/or a Subscription may be terminated at any time, and
without cause, by TheWizard.com upon notification by telephone, e-mail or other means to the
last provided contact information we received from you. A violation of these Terms
& Conditions shall constitute cause for immediate termination without refund.
TheWizard.com may, in its sole discretion, terminate or suspend your Subscriber’s
access to all of part of the Publication or The Site for any reason, including,
without limitation, breach of a subscriber agreement, breach of these Terms &
Conditions, or attempted assignment of the Subscription or the subscriber
agreement.
You acknowledge and agree that we may, in our sole discretion, deny you access,
through The Site, to third party services, merchandise, materials or information on
the Internet, and we shall have no responsibility to notify any third-party
providers of services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification.
MISCELLANEOUS
Laws and Venue. We control and operate The Site from our offices in the United
States of America. We do not represent that materials on The Site are appropriate
or available for use in other locations. Persons who choose to access The Site from
other locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable. The Terms &
Conditions and the relationship between you and us shall be governed by the laws of
the State of Nevada, without regard to its conflict of law provisions. You and we
agree that any cause of action that may arise under these Terms & Conditions
shall be commenced and be heard in the appropriate court in the State of Nevada.
You and we each agree to submit to the exclusive personal jurisdiction and venue of
the courts located within the State of Nevada and waive any defenses to the
assertion of jurisdiction by or venue in these courts. To the extent allowed by
law, you agree that the jurisdiction for any cause of action that may arise under
the Terms & Conditions or that may relate to The Site shall be an appropriate
court, federal or state, in Nevada.
Arbitration. Subject to and without limitation of TheWizard.com’s right to seek such
injunctive enforcement and other equitable relief as may otherwise be available,
any controversy or claim arising out of or relating to The Site, your use of The
Site, or any breach of these Terms & Conditions, shall be settled by binding
arbitration before the office of Judicial Arbitration and Mediation Service
(“JAMS”) in or closest to Las Vegas, Nevada (unless otherwise agreed by
you and us) pursuant to the JAMS Streamlined Arbitration Rules and Procedures, or a
comparable arbitration service such as the American Arbitration Association if JAMS
is not available. You and we each submit to the jurisdiction of JAMS (or such
arbitration). Any process served in connection with any such proceeding may be
served upon the party to be served by registered or certified mail, and any such
service will have the same effect as personal service. The foregoing shall not
preclude either you or us from seeking enforcement of any order or judgment
rendered by any court upon the arbitration award. Any award shall be a conclusive
determination of the matter and shall be binding upon the parties to the
arbitration and their successors and assigns, and shall not be contested by any of
them.
Non-waiver. Any failure or delay by us to exercise or enforce any right
or provision of the Terms & Conditions shall not constitute a waiver of such
right or provision. Any waiver of any provision of these Terms & Conditions or
of any breach thereof must be in a writing signed by the waiving party and shall
not be construed to be a waiver of any other provision or any subsequent breach of
these Terms & Conditions. If any provision of the Terms & Conditions is
found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms & Conditions
remain in full force and effect.
Claims. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of The Site or the
Terms & Conditions must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Over 18. The Site is not directed towards children, minors or anyone
under the age of 18.
Force Majeure. TheWizard.com shall not be liable to you for any actions or failures
if such things result, directly or indirectly, from an act of God, fire, flood,
tornado, Internet outage, worm or virus, explosion, strike, embargo, terrorism,
war, civil disturbance, act of any public enemy, act of any government, de jure or
de facto, or agency or official thereof, labor shortage, transportation
contingencies, usually severe weather, condition causing a declared state of
emergency, default of manufacturer or a supplier or a third party provider,
quarantine restrictions, epidemic or catastrophe, or lack of timely instructions or
essential information from you.
Copyright Agent. We respect the intellectual property rights of others,
and require that the people who use The Site do the same. If you believe that your
work has been copied on The Site or by us in a way that constitutes copyright
infringement, please forward the following information to the Copyright Agent named
below: your address, telephone number, and e-mail address; a description of the
copyrighted work that you claim has been infringed; a description of where the
alleged infringing material is located; a statement by you that you have a good
faith belief that the disputed use is not authorized by you, the copyright owner,
its agent, or the law; an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Copyright Agent: Gene Stunkel 0061 Sage Grouse Trail Cordillera, CO
81632 Phone 877-396-8130. This contact information is only for suspected
infringement. Contact information for other matters may be provided elsewhere on
this site. We suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there may be penalties for false claims.
Copyright © 2008 TheWizard.com, LLC. All rights reserved.
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