TERMS & CONDITIONS

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.thewizard.com and, formerly, www.buysellorgetout.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 available to you by TheWizard.com. You agree not to use, when subscribing or at any other 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 failure to use or maintain appropriate security measures. You agree to contact TheWizard.com immediately if you become aware of any suspicious, suspected or unauthorized use or conduct concerning your subscription account(s), user name(s), email address(es), 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 paragraph. You are responsible for all usage or activity on your account and 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 promotional and marketing materials, and you consent to such transmission(s).

Pricing. TheWizard.com reserves the right to change, increase or decrease subscription fees or rates from time to time, and to apply any new subscription fees at the time of renewal of your subscription. Prices and offers are subject to change without notice. All shipping and handling charges are non-refundable.

Subscribers are responsible for all sales tax, tariffs, duties and fees. Payment for your subscription, including renewals, is due in advance of the subscription period.

Renewal. Your subscription will continue through the end of the subscription. If The Site permits automatic renewal, and unless you inform TheWizard.com otherwise, you authorize TheWizard.com to charge your previously provided credit card number or other payment mechanism automatically in order to renew your subscription upon TheWizard.com’s then-current pricing for the renewal. TheWizard.com will attempt such a charge no 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 SUBSCRIPTION. IF YOU WISH TO NON-RENEW OR CHANGE THE SUBSCRIPTION, YOU MUST NOTIFY US BEFORE THE TIMES INDICATED ABOVE ON WHICH RENEWAL CHARGES MAY BE ATTEMPTED BY TheWizard.com.

INDIVIDUAL USE ONLY

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 Subscription, the Publication or any information on The Site for your company, for a business, for the benefit of a company, for a fund, for a hedge fund, or for your partnership, without express and specific prior written approval from TheWizard.com. You may NOT purchase a Subscription on behalf of or for the benefit of your company, for a business, for a fund, for a hedge fund, for your company, for your partnership, without specific prior written approval from TheWizard.com. You may NOT allow others to use your Subscription, your username, login information, password or security questions 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.

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.

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.