This page outlines the User Agreement and
General Conditions of access to and use of the Site.
Acknowledgment and Acceptance of User Agreement
and General Conditions
www.tradingsystemsource.com (the "Site") is owned and
operated by Stillwell Marketing Associates, Inc. (“SMA”)
and may contain material from SMA and other related companies (collectively, “SMA").
Your access to, use of, linking to the Site, use of software or
downloading software on the Site and framing parts of the Site
(collectively, your “Access”) is conditional upon your
acceptance and compliance with the user agreement, terms, conditions,
notices and disclaimers contained on this page and elsewhere on
the Site ("Conditions"). Your Access to the Site constitutes
your agreement to be bound by the Conditions. SMA reserves the
right to change the Conditions under which this website, the Forums,
and the Content are made available. SMA also reserves the right
to amend the Conditions at any time and you should periodically
refer to them on this page and elsewhere on the Site
.
Ownership of Content on the Site
The materials displayed on the Site, including without limitation
all information, text, materials, graphics, software, tools,
products, services, data, results derived from the use of software
and tools, advertisements, names, logos and trade marks on
the Site (collectively, referred to as "Content")
are protected by copyright, trade mark and other intellectual
property laws unless expressly indicated otherwise on the Site.
Your use of the Content, or any of them, constitutes your acceptance
of the Conditions and is subject to it.
You must not
modify, copy, reproduce, republish, frame, download onto a computer,
upload to a third party, post, transmit or distribute this Content
in any way except as expressly provided for in the Conditions
or with the express prior written consent of SMA.
You may not use
any "robot," "spider," "scraper," or
other automatic device, or a program, algorithm or methodology
having similar processes or functionality, or any manual process,
to monitor or copy any of the Web pages, data or content found
on this site, without the prior written permission of SMA.
Access to the Site
You may view the Site using your web browser and save an electronic
copy, or print out a copy, of parts of this web site solely for
your own personal use, information, research or study, but only
if you keep all Content intact and in the same form as presented
on the Site (including without limitation all copyright, trade
mark and other proprietary notices and all advertisements).
You may not publish, retransmit, redistribute
or otherwise reproduce the Content, including but not limited
to the underlying data, in any form, to anyone, whether or not
you accept compensation for doing so. You may save data and charts
to your hard drive or other storage media, and you may print
data and charts out onto paper, and manipulate them in any way
you like, provided that you do so for your own use, and do not
distribute the charts or data to others.
You must not use the Site or the Content
in any manner or for any purpose which is unlawful or in any manner
which violates any right of SMA or which is prohibited by the Conditions.
You must not use the Content for commercial
purposes without first obtaining the express written authority
of SMA.
 Use of Forums
To the extent that Site contains bulletin boards, or other message
or communication facilities (collectively, "Forums"),
you agree to use the Forums only to send and receive messages
and material that are proper and related to the particular Forum.
By way of example, and not as a limitation, you agree that when
using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others;
- Publish, post, distribute
or disseminate any defamatory, infringing, obscene or unlawful
material or information;
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or
have received all necessary consents;
- Upload files
that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer;
- Delete any author attributions, legal notices, or proprietary
designations or labels in any file that is uploaded;
-
Falsify the origin or source of software or other material contained
in a file that is uploaded;
-
Advertise or offer to sell any goods or services or conduct or
forward surveys, contests, spam, or chain letters;
-
Download any file posted by another user of a Forum that you
know, or reasonably should know, cannot be legally distributed
in such manner.
-
Repeat violators (and, at SMA's sole discretion, one-time violators)
are subject to having their access terminated, without waiver
of any other remedies available at law or equity.
You acknowledge that all your communications in Forums are public
and not private communications. Further, you acknowledge that chats,
postings, conferences and other communications by other users are
not endorsed by SMA, and such communications shall not be considered
reviewed, screened, or approved by SMA.
You agree that SMA may monitor your postings to the Forums to
comply with any necessary laws, regulations or government requests,
and as reasonably necessary to protect itself and its users, and
for any other legitimate business purpose.
SMA reserves the right for any reason to remove without notice
any contents of the Forums received from users, including without
limitation bulletin board postings. SMA reserves the right in
its discretion to deny any user access to this website or any portion
thereof without notice.
 Disclaimer and Limitation of Liability
SMA makes reasonable efforts to ensure that the information made
available through the Content is accurate and up-to-date. Mistakes
and accidents do happen, though, so before trading, you should
confirm the accuracy and timeliness of information you receive
through any Content against that provided by another source.
As a condition of using any Content, you agree that SMA will not
be liable for any damages whatsoever (including but not limited
to lost profits, trading losses and damages) that result from inconvenience,
delay or loss of the use of the Content, or inaccuracy of the information
provided through or comprising Content, even if SMA has been advised
of the possibility of such damages, and regardless whether the
claim for such damages is based in contract, tort, indemnity, or
some combination, or otherwise.
SMA makes no express or implied warranties
(including, without limitation, any warranty of merchantability
or fitness for a particular
purpose or use) regarding information provided through or comprising
any Content. All Content, including but not limited to the data,
are provided to you "as is." Although they are obtained
from sources believed to be reliable, they are not guaranteed.
Indemnity
You must indemnify and hold harmless SMA and SMA Personnel and
keep them indemnified, against all loss, actions, proceedings,
costs, expenses (including legal fees), claims and damages arising
from:
(a) any breach by you of the Conditions; or
(b) reliance by you on any information obtained through the Site;
or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any person accessing
any Content through your web site.
Not investment advice
The Content on the Site provides general information only. It is
not intended as investment advice and must not be relied upon
as such. You should obtain professional investment advice tailored
to your specific circumstances prior to making any investment
decisions.
Some Content on the Site provides general information about certain
financial products including without limitation securities and
derivatives products. The Site does not provide, and must not be
construed as providing, recommendations in relation to any financial
products. Prior to any action or investment you should seek independent
professional advice.
Advertising and links to other web sites
The Site contains links to third party sites (“Linked Sites”).
Linked Sites are not under the control of SMA, and SMA is not responsible
for the content of any Linked Site or any hyperlink contained in
a Linked Site (“Subsequent Link”). SMA provides these
hyperlinks to you as convenience only, and the inclusion of any
link does not imply any endorsement of the Linked Site by SMA or
SMA Personnel. You link to any Linked Site or Subsequent Site entirely
at your own risk.
The Site may also contains third party
advertisements including banner ads, third party logos and information,
material and documents
relating to or provided by third parties ("Third Party Material").
The Third Party Material may contain embedded hyperlinks to web
sites operated by third parties or their licensees or contractors
(“Third Party Websites”). Neither SMA nor SMA Personnel
recommends or endorses the products or services of those third
parties. In some instances, the Third Party Material will contain
representations or offers by the third party which you can accept
by linking to the third party’s website and executing the
relevant transaction. Such offers are not made by SMA or SMA Personnel,
and the third party is solely responsible to you for the delivery
of any goods or services you purchase on the third party website.
Neither SMA nor SMA Personnel give any representation or warranty
as to the reliability, accuracy or completeness of any Third Party
Material on the Site, Third Party Websites, Linked Sites, or Subsequent
Sites, nor do they accept any responsibility arising in any way
(including negligence) for errors in, or omissions from such Third
Party Material, Third Party Websites, Linked Sites or Subsequent
Sites.
From time to time, you may notice unusual links appearing on the
Site. These links are usually highlighted in text of a different
color and when followed also direct the user to other sites. As
with other third party websites, the content of those sites is
not endorsed or approved by SMA in any way and are outside our
control.
 Linking to the Site
External parties may link to the following sections of the Site
provided the conditions listed under the section Linking Conditions
below are met.
Linking to the Home Page. SMA welcomes links to the home page
of the Site, provided that the link is a text link only which directs
to the home page of [www.tradingsystemsource.com] and the link
to the Site is identified clearly as such on your site.
Linking to other pages. SMA does not allow external sites to link
to the any other pages.
Under no circumstances should you copy the Content from the Site
and place it directly on your web site or maintain a copy of
the Content on your computer.
Linking Conditions
Any link to the SMA website must comply with the Conditions and
the link must not, in SMA’s opinion deceive or mislead,
nor suggest any relationship, endorsement or sponsorship between
your site and the Site, nor place the link in any context which
may breach any laws. SMA is not liable and you agree to indemnify
SMA to the extent that any such conduct is found to have occurred.
The link must be made in good faith, and
must not in SMA’s
reasonable opinion cause the SMA brand or any SMA trade mark to
be viewed in a negative or potentially negative light and the link
must not frame the Site.
No other linking is permitted unless it is the subject of a separate
specific written agreement between you and SMA.
SMA Access Rights
You agree to allow SMA access to your web site at any time so that
SMA can review whether you are complying with these Conditions.
If requested by SMA, you must provide any passwords that are
required to access your web site.
Termination
SMA can terminate your right to link to the Site at any time by
placing a notice on this Site or by informing you directly. If
we terminate your right to link to the Site you must cease linking
to the Site immediately.
Jurisdiction
The Conditions will be governed and construed in accordance with
the laws of the State of California, without regard to its conflicts
of laws provisions or those of any other jurisdiction, and by
using SMA's Content, or any of them, you agree that any litigation
or other dispute arising out of or relating to the Conditions
or SMA's Content shall be brought exclusively in the courts located
in Santa Barbara County California, and that you consent to the
personal jurisdiction of, and venue in, such courts. In the event
of any dispute arising out of the subject matter of, or to enforce,
the Conditions, the prevailing party shall recover, in addition
to any other damages assessed, its reasonable expenses, including
attorneys' fees and costs, incurred in resolving such dispute.

|