Capitalized terms used but not defined shall have the meanings ascribed to such terms in the Terms and Conditions located at http://tsi-app.blogspot.com/p/tsi-terms-and-conditions.html.
Risks Related to Trading
Decisions to buy, sell, hold or trade in securities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through the Website or our Services.
You agree that neither the Company, its affiliates, officers, directors, members, managers, partners, employees, agents and representatives and the Company’s data providers and their respective officers, directors, members, managers, partners, employees, agents and representatives shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or the Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Website or the Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or the Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or the Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or the Services
It should not be assumed that the use of the App or other Services or the methods, techniques, or indicators presented in these pages will be profitable or that they will not result in losses. Past results are not necessarily indicative of future results. Examples presented on these pages are for educational purposes only. These set-ups are not solicitations of any order to buy or sell. The authors, the publisher, and all affiliates assume no responsibility for your trading results. There is a high degree of risk in trading.
Hypothetical performance results have many inherent limitations. 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 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 of 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 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 which can adversely affect actual trading results.
Risks Related to Lack of Warranty
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITE OR SERVICES OR INFORMATION MADE AVAILABLE VIA THE WEBSITE OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL THE COMPANY OR THE DATA PROVIDERS OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITE OR THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF THE COMPANY OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WEBSITE.
By way of example, and not by way of limitation, neither the Company nor its data providers or any of their respective affiliates shall be liable for any loss resulting from a cause over which such entities do not have direct control, including but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
Risks and Issues Related to Professional/Non-Professional Status
With respect to Services involving the receipt of financial market information, if you are a professional broker, dealer or trader or employed by or conducting business in the securities industry, you must agree to be bound by the Company’s agreements with its data providers before utilizing the Services for commercial purposes.
If you are such a professional, you must contact the Company to obtain such agreements. Unless you have obtained and executed such agreements, you hereby represent and warrant: (i) that you meet and comply with all NYSE, AMEX, NASDAQ and data providers requirements for qualification as a non-professional Subscriber; (ii) that you are acting solely in your own individual capacity to use the Services solely in connection with your own individual personal investment activities and not in connection with any trade or business activities; and (iii) that you are a sophisticated investor. You acknowledge and agree that if your status with respect to any of the foregoing statements is affected or changed in anyway, you shall promptly contact the Company to obtain relevant exchange agreements.
If you are not such a professional, you agree to use the Services solely in your own individual capacity, and solely in connection with your own individual personal investment activities and not in connection with any trade or business activities.
Risks Related to Data Services
Data is provided by third party providers, and often by free web-based services, and may be delayed as specified by financial exchanges or its data providers. The Company does not verify any data and disclaims any obligation to do so. In addition, the data providers are not required or in any way obligated to continue providing data for the operation of the Service. As a result, the Service may be disrupted. It may be time consuming or impossible to replace any data provider in a timely or economical manner, if at all. The Company is not required or in any way obligated to obtain replacement data for the operation of the Service.
The Company, its data or content providers, the financial exchanges and each of their affiliates and business partners (A) expressly disclaim the accuracy, adequacy, or completeness of any data and (B) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Neither the Company nor any of its data, content or other information providers will be liable for any damages relating to your use of the information provided herein. As used here, “business partners” does not refer to an agency, partnership, or joint venture relationship between the Company and any such parties.
You agree not to copy, modify, reformat, download, store, reproduce, reprocess, transmit or redistribute any data or information found herein or use any such data or information in a commercial enterprise without obtaining prior written consent. All data and information is provided “as is” for personal informational purposes only, and is not intended for trading purposes or advice. Please consult your broker or financial representative to verify pricing before executing any trade.
Either the Company or its third party data or content providers have exclusive proprietary rights in the data and information provided.
Risks Related to Stock Prices and Volatility
The trading data for securities may be subject to wide fluctuations in response to many risk factors, including factors not considered by the Services or to which the Services may not be responsive or reactive. The Services may be used for a wide range of securities, each of which may be subject to individual factors different from, or not applicable to, securities of other companies, such as:
-actual or anticipated fluctuations in a company’s financial condition and operating results;
-changes in a company’s projected operational and financial results;
-changes in a company’s significant customers;
-changes in laws or regulations;
-actual or anticipated changes in a company’s or industry’s growth rate;
-technological innovations;
-significant acquisitions, strategic partnerships, joint ventures or capital-raising activities or commitments;
-trading strategies employed by other traders;
-share price and volume fluctuations attributable to inconsistent trading volume levels; and
-general economic and market conditions.
Furthermore, the stock markets recently have experienced extreme price and volume fluctuations that have affected and continue to affect the market prices of equity securities of many companies. These fluctuations often have been unrelated or disproportionate to the operating performance of those companies. These broad market and industry fluctuations, as well as general economic, political and market conditions such as recessions, interest rate changes or international currency fluctuations, may negatively impact the market price of various securities. Any of the above, and other factors not included above, may have a material adverse effect on the accuracy or usability of the Services.
