HOPSCOTCH



	Sign-Up In order to subscribe to the HOPSCOTCH decision support software and/or the HOPSCOTCH Market Radio, it is necessary to review the Terms and Conditions below, as well as the Disclosure Agreement. Upon reviewing the information below, click on the "I Agree" button at the bottom of the page to subscribe. TERMS AND CONDITIONS AND DISCLOSURE AGREEMENT END USER LICENSE AGREEMENT HOPSCOTCH, Inc. does not recommend the use of the Software, nor does HOPSCOTCH, Inc. offer any advice regarding the nature, potential value, or suitability of any particular security, transaction or investment strategy. You acknowledge BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING or displaying THE SOFTWARE that you are at least 18 years of age and/considered an adult according to the laws of the United states (and when applicable your county of origin and/or residence). You acknowledge furthermore that HOPSCOTCH does not MAKE ANY guarantee or WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE or display OF THE SOFTWARE AND THAT USE or display OF THE SOFTWARE IS AT YOUR SOLE RISK. BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR DISPLAYING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE. To become a Client, you must be at least 18 years of age. As a Client, you will be making certain promises and agreements and will be legally obligated to observe the terms and conditions of this Agreement and the Terms of Use below. Please read them thoroughly before subscribing to any services offered by the Company. 1. License. This is a legal agreement (the "Agreement") between you (either an individual or an entity), (the "Licensee"), and Hopscotch, Inc. ("HOPSCOTCH”). HOPSCOTCH grants to Licensee the limited non-exclusive, nontransferable and non-assignable right to install, display and use the Hopscotch application (the "Software") on a single computer or monitor. Licensee may make only one copy of the Software for archival purposes. Licensee may not copy any Documentation without HOPSCOTCH’s prior written approval in each instance. Licensee may not transfer, assign, reproduce, otherwise display, perform, rent, lease, modify, translate, convert, decompile, reverse engineer or disassemble the Software or Documentation. 2. Fees; Term. Initial and continued use of this Software is enabled through a license key available to authorized users from HOPSCOTCH upon the prompt, advance payment of license fees by a party under the Software License Agreement. Any failure to pay fees when due will automatically disable the Software at the end of the period last paid and will cause automatic termination of this Agreement. If Licensee fails to comply with or breaches any term of this Agreement, HOPSCOTCH may terminate this license upon written notice to Licensee. This Agreement shall terminate upon any termination of the Software License Agreement. Upon termination of this Agreement for any reason, Licensee shall immediately cease using, remove and return to HOPSCOTCH the Software, Documentation, and any copies or portions thereof, in any form and recorded on any medium or device. HOPSCOTCH shall have the right at any time to change, modify or add to the terms and conditions of this Agreement provided HOPSCOTCH gives prior reasonable written notice to Licensee of any changes. 3. Confidentiality. The Software and Documentation is protected by copyright, trade secret and trademark rights owned by HOPSCOTCH. Licensee acknowledges that the Software and Documentation are HOPSCOTCH's sole property and contain valuable confidential information developed or acquired at great expense. Except as contemplated herein, Licensee shall not reproduce, distribute, disclose or publish the Software and Documentation and shall protect the Software and Documentation from unauthorized reproduction, distribution, disclosure, use, or publication. 4. Limited Warranty; Limitation of Remedies. Licensee acknowledges that it will rely solely and exclusively on its own expertise and resources to use and evaluate any output from the Software and Documentation. In recognition of this, and of the potential for varying financial, investment, economic and market conditions, HOPSCOTCH warrants only that, for 30 days from date of delivery, that (i) the media, under normal use and service, is free from defects in materials and workmanship, and (ii) that the Software shall substantially conform with the Documentation. HOPSCOTCH's entire liability and Licensee's exclusive remedy for the breach of this limited warranty shall be replacement of the Software. The terms of this Section 4 Limited Warranty shall supersede any "AS-IS, WHERE-IS" warranty provided in any confidentiality agreement between HOPSCOTCH and Licensee only to the extent such warranty is inconsistent with the terms hereof. Licensee acknowledges that: (a) HOPSCOTCH does not recommend any investment strategy, advisory service or product, nor does HOPSCOTCH, the Software or Documentation offer any advice regarding the nature, potential value, or suitability of any particular security, transaction or investment; (b) that HOPSCOTCH is not an investment adviser or broker dealer in any state and that Licensee will not rely on HOPSCOTCH in any such capacity; (c) past performance cannot and will not guarantee future results; and, (d) investment decisions made in reliance on the Software may result in a complete loss of funds. The Software provides decision support based on information obtained from independent content providers (the "Information"). HOPSCOTCH cannot and does not warrant or guarantee the accuracy, completeness, timeliness or correct sequencing of the Information. Licensee recognizes that there may be delays, omissions, or inaccuracies in the Information. Licensee agrees that HOPSCOTCH shall have no liability, contingent or otherwise, for (i) the Information, (ii) any decision made or action taken by Licensee in reliance upon the Information or Software, and (iii) any interruption of the Information or Software, including but not limited to failure of electronic or mechanical equipment or communication lines, or telephone or other interconnect problems. 5. No Investment Advice; The Hopscotch does not advise its clients or any other person whether or not to buy or sell or take positions in securities. Further, The Hopscotch do not receive any form of payment or other compensation for publishing information, news, research or any other material concerning any securities on our site or publish any information on our site that is intended to affect or influence the value of securities. 6. Paper Trading; Hopscotch suggests that the Client tests all information and trading methodologies provided by Hopscotch by paper trading or some other form of testing. By doing so, the Client can learn and internalize the trading methods taught without risk of capital. The Client should be aware that paper trading is substantially different than trading with real funds. It should be noted that "slippage" due to poor purchase or sale executions, Internet problems, client error or other factors cannot be accurately accounted for in paper trading. 7. Hopscotch Status; The Hopscotch is not registered as a broker, broker-dealer, investment adviser, agent or representative of the U.S. Securities and Exchange Commission, or any similar authority. Hopscotch does not teach or recommend to any Client their financial suitability to trade equities. Hopscotch offers no analysis or advice regarding your individual financial suitability to trade equities as a day trader, swing trader, or otherwise. Hopscotch is not responsible for what any Client does based on our opinions. 8. Members of the Hopscotch trade their own accounts; Principals and/or employees of Hopscotch may take positions in and/or buy or sell securities that are discussed in the Newsletters. Hopscotch may also take positions in and/or buy/sell securities that are not mentioned in any of its publications such as, but not limited to, thinly traded securities. Hopscotch avoids providing information on thinly traded or other questionable issues because Hopscotch feels these types of securities could potentially expose the Client to inordinate risk. Hopscotch avoids any potential conflicts of interest that might in any way resemble "Front Running" or "Pump and Dump" tactics. Ultimately, it is the Client's responsibility to manage their trades. The Hopscotch does not provide recommendations or advice. Hopscotch merely provides commentary on trading opportunities that Hopscotch may or may not decide to enter. It is our absolute intention to abide by all Securities and Exchange Commission (SEC) Regulations. Toward this goal, the Hopscotch has obtained competent legal counsel and has contacted the SEC to assure that there are no conflicts in the daily operation of our business. The Hopscotch supports and promotes only the highest ethical and conduct standards in the trading industry. The terms, conditions, and disclosures that follow provide important information about our business and your access to Hopscotch and its services. By reviewing this information, you, the Client", hereby agree with Hopscotch and its officers, employees and affiliates to the terms and conditions of this agreement. LICENSEE ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE AND/OR DISPLAY OF THE SOFTWARE. NEITHER HOPSCOTCH, ITS AFFILIATES, EMPLOYEES OR AGENTS WARRANT THAT THE SOFTWARE IS ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE, OR AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY OF THIS SECTION FOUR, HOPSCOTCH DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, OR THE MARKETABILITY OR USE THEREOF. HOPSCOTCH MAKES NO WARRANTY OR REPRESENTATION AGAINST INFRINGEMENT, WHETHER OF PATENT, COPYRIGHT AND TRADE SECRET OR OTHERWISE. HOPSCOTCH MAKES NO IMPLIED WARRANTIES OF ANY SORT (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, IMPLIED INDEMNITIES OR YEAR 2000 READINESS). IN NO EVENT WILL HOPSCOTCH BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE USE OF THE SOFTWARE OR DOCUMENTATION BY LICENSEE OR ANY OTHER PARTY OR FROM THE SALE OR USE OF ANY PRODUCT OR SERVICE, MADE OR DESIGNED, BASED ON THE SOFTWARE OR DOCUMENTATION. 9. Licensee Indemnity. Licensee accepts full responsibility for any adverse effects due to the use and/or display of the Software and Documentation and any other financial services or products utilized with the Software and Documentation. Licensee releases and shall during and after the term hereof indemnify and hold HOPSCOTCH and its owners and agents harmless from and against any claims, losses, liabilities (including without limitation any punitive damages and fines), costs and expenses (including without limitation reasonable attorneys' fees) related to any third party claim, or any representation or warranty made, or service provided by Licensee, or any breach by Licensee in its responsibilities under this Agreement. 10. Acknowledgment; Misc. By using the Software and/or Documentation, Licensee acknowledges having read this Agreement, understanding it, and agreeing to be bound by its terms and conditions. If any provision of this Agreement is voided by a court, the remaining provisions shall remain in full force and effect. No modification or amendment to this Agreement, nor any waiver hereunder, will be effective unless in writing and signed by the party sought to be bound. The prevailing party in any action to enforce this Agreement is entitled to reasonable costs including attorney's fees. Where conflicting, the terms of the Software License Agreement shall control. The obligations of Paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive any termination or expiration of this Agreement. This Agreement shall be construed in accordance with, and performance shall be determined by, the laws of the United States of America. If any provision of this Agreement is held to be invalid or unenforceable by a court of law, such adjudication shall not affect the validity of the remainder of the Agreement, including any other provision, paragraph or subparagraph. TRIAL SUBSCRIPTIONS: Trial subscription terms: When registering for a trial subscription to Hopscotch, a decision support application, Clients will be required to provide personal billing information via credit card or Paypal account. Upon initial registration, Clients will be given a two-week (fourteen consecutive calendar days) trial period which enables them to evaluate the Newsletter with no further obligation. However, if the Company does not receive written notice of cancellation from the Client within fourteen (14) calendar days after initial registration, the Client will be billed the regular monthly subscription fee of $99. Thereafter, the Client will continue to be billed $99 on a monthly recurring basis until the Company receives written notice of cancellation from the Client. For details on canceling subscriptions, see "Cancellation and Refund of Your Subscription" below. Abuse of Trial Subscriptions: If a person is found to have used multiple trial accounts or the Company has reason to believe that a customer may have abused the trial system through fraud or otherwise, the alleged customer's credit card will be charged our monthly subscription rate of $99 for each violation. If possible, the Client will be contacted by phone and/or by email, if such action occurs. The sole purpose of this provision is to limit abuse of the trial subscription process and to enhance the quality of our services to those paying for our services. Trial Subscriber Violations: For each Client to gain access to information provided by Hopscotch, the client agrees to abide by the terms and conditions and accepts this legal document by means of an electronic signature. DeronWagner.com allows only one trial period of fourteen consecutive calendar days per Client. The Company defines "Client" as a household, workplace, duplicate IP addresses, or any other means that the Company may use to identify duplicates. The Company has implemented an advanced automated tracking system, which records IP addresses and several other unique statistics for tracking trial subscriptions. The Company will only use this information should it be reasonably determined that a Client or individual or entity has potentially violated the agreement. Our system records the necessary information to turn over to collection agencies, etc. The Company will only charge the credit card provided by the client at the initial registration for trial subscription if the Company has reasonable proof of a breach of this agreement. The amount charged for violations will be $99, which is the equivalent of a monthly subscription fee. The Company reserves the right to use a collection agency to collect any outstanding balances. Hopscotch reserves the right to seek appropriate punitive damages. SUBSCRIPTION TERMS: Once you register with Hopscotch, you will be subject to this Subscription Agreement and the Terms Of Use that follows. Subscription Fees and Recurring Billing: The Client agrees to pay a recurring subscription fee of $99 per month and agrees to the Terms of Use as set forth below. These terms govern the use of The Wagner Daily and associated services by registered Clients and third parties. Additionally, registration constitutes your acceptance of the Subscription Agreement and Terms of Use included in this document. Once you register and provide DeronWagner.com with authorization to charge your credit card for the monthly subscription fee, the Company will provide you with a Login ID and Password for Hopscotch. Your subscription will begin within twenty-four (24) hours of registration. Hopscotch will be available to clients between 9:30 a.m. EST and 3:50 p.a. EST of each trading day, although the Company is not responsible for delays due to Internet congestion or other technical problems. Your credit card or Paypal account will be charged on a recurring basis on the same day of the month your account was activated. For example, if you register and your account is activated on the 5th day of the month, the monthly subscription fee will be charged to your credit card no later than the 5th day of each succeeding month until you cancel your membership and the Company receives notice of your cancellation. If you register on the 31st day of any month, your credit card will be charged on the 30th day of each month that has 30 days, the 31st day of each month with 31 days and on the last day of February. Cancellation and Refund of Your Subscription: You may cancel your subscription at any time by e-mailing your request to support@hopscotch.cc, no later than five (5) days from the end of your monthly billing cycle (as defined above). After we receive notice of your cancellation, we will not charge your credit card or Paypal account for further subscription fees. However, monthly subscription fees that have been charged to your account before the Company receives notice of your cancellation will not be refunded to you or prorated. The Company has the right to cancel your membership and terminate this agreement if you fail to observe any provision of this Subscription Agreement or any of the Terms of Use of our site. We also may cancel your membership if authorized charges to your credit card are not honored, or if Hopscotch is no longer authorized to charge your credit card, as long as we receive the aforementioned 5 days notice. Upon cancellation, you will be denied further access to Hopscotch. You understand that the Company may at any time, restrict and/or terminate, your access to the use of Hopscotch and/or its web site. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed. Because our services are delivered electronically through the Internet, the Company is unable to reclaim any material product item in exchange for a refund. For this reason, the Client must pay in advance to receive all items and services as provided by DeronWagner.com, which are non-refundable. The Client also agrees to provide written notice by e-mail to: support@hopscotch.cc in order to cancel the service and avoid further charges. Clients will receive an e-mail from Hopscotch acknowledging their cancellation. If no confirmation is received from the Company within 48 hours, Clients must call the number posted on the Hopscoth.cc site to confirm the cancellation. Your Obligations and Agreements: If you become a client of the Company's services, you will be subject to all of the terms and conditions and the obligations of membership set forth in this Subscription Agreement and Terms and Conditions. You also will be granting us a limited license, certain rights, and your consent to reproduce materials submitted by you, as described in this document. Duration of Our Agreement: This Subscription Agreement and the Terms of Use, as well as your authorization to Hopscotch to charge your credit card or Paypal account for membership fees (until cancellation), will continue month to month as long as you are a subscriber. Evidence of Your Agreement with Us: If you subscribe to Hopscotch, provide us with you credit card or Paypal account information, and are provided with a Login ID and Password for Hopscotch, you will become a party to and be bound by all of the terms of this Membership Agreement and the Terms of Use that follow, until you cancel your membership. Before you register, please let us know if you have any questions about your obligations. The Company also encourages you to print and retain copies of the Subscription Agreement and the Terms of Use for your permanent records. TERMS AND CONDITIONS OF USE: Applicability of Terms of Use for Members: For any individuals that have registered as a client with the Company, the following Terms and Conditions will constitute part of your Subscription Agreement with the Company and will govern your use of and access to information and services provided by the Company. Eligibility: You warrant that you are at least 18 years of age. No person under the age of 18 may use this site or subscribe to services offered by the Company. The Company's Right to Change Terms of Use: The Company has the right to change these Terms of Use and, except for any increase in our subscription fees, the Company may also change the terms of our Subscription Agreement from time to time without any prior notice to the client. The Company will post changes on the web site and they will be effective as soon as they are posted. The Company encourages the Client to periodically review these terms to be kept informed of changes or additions. Changes to our subscription fee will be posted in advance and you will have 30 days to cancel your subscription before the changes become effective. Your continued use of the site following the posting of each such change (or, in the case of any increase in subscription fees, after 30 days) will constitute your acceptance of the changes. Changes in Strategy: Due to ever changing market conditions, the Company may expand, revise or alter the strategy incorporated in its decision support application(s). In the event that the Client decides to take a position in any market, any such changes in strategy may result in exposure of the Clients' assets to additional risks, which may be substantial. The Company's Right to Monitor Your Use: The Company reserves the right to monitor your use of the site, to limit or terminate your access to the site, and to cancel your subscription and terminate your Subscription Agreement if you do not pay your subscription fees or if you fail to observe any of our Terms of Use. Client Risks and Responsibilities: By subscribing as a client with the Company, viewing any of our site's web pages or receiving any other information/services from us, you fully understand and agree that all securities and financial markets are subject to numerous implicit and explicit risks, none of which the Company can control or influence. You therefore acknowledge and agree that all investment decisions you may make, including decisions that take into account or rely on any information provided or made available by or from the DeronWagner.com web site, are yours and yours alone and are made solely at your own risk. You also agree to bear complete responsibility for your investment research and decisions and acknowledge that the Company has not and WILL NOT make any specific recommendations or give advice to you or any of its Clients upon which they should rely. You also understand that the information provided on this website and through Hopscotch represent disinterested opinions and commentary of the Company and its employees and agents. Some information provided by Hopscotch may only represent the views of other clients and The Company is not responsible for these views or other information. Furthermore, none of the views or opinions expressed by the Company or a client of The Wagner Daily constitutes a solicitation or recommendation to buy or sell securities. Accuracy of Information & Prohibited Postings & Comments: The Company does not represent or warrant the accuracy, completeness or timeliness of any statements made or information, data or content provided on or through this website, or Hopscotch or in any other notifications or publications distributed by the Company or by any client or other third party or user of the site. None of the information provided by the Company replaces the Client's need to independently research any securities that may be mentioned in the Newsletters, and you agree to reach your own independent conclusions about any investment decision concerning all securities mentioned by Hopscotch. Use of offensive, defamatory or objectionable language (as determined solely by The Company) in the Hopscotch.cc web site or the posting of copyrighted or other protected material that may infringe upon the rights of others is not permitted. The Company may cancel the subscription of any client who fails to observe this. You can be held liable for any illegal or prohibited content you provide to the site, including, but not limited to, illegal comments or materials, obscene, threatening, or defamatory language, information invasive of privacy, information that is infringing of intellectual property rights, or other materials injurious to third parties or the Company. You can also be held liable for materials consisting of or containing software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Trading by principals or agents of the Company: It is acknowledged that principals and agents of the Company will frequently hold positions in the securities being discussed in the Newsletters and are responsible for their own registered accounts. Editors, employees, affiliates and Clients are prohibited from engaging in practices such as "front running" (the purchase or short sale of securities prior to publishing our opinion in the hopes that the Company may exit our position as the Client is entering theirs) as they are illegal. The Company makes an effort to trade in only the most liquid stocks (stocks whose volume is greater than one million shares per day). The Company will at all times maintain a professional and ethical training and informational environment, abiding by all established laws and regulations. Limited User License, Ownership of the Site Content and All Materials, Redistribution: As long as you remain a registered Client in good standing with the Company, you have a limited nonexclusive license to access, view, display and download portions of the site, including Site Content, for your sole use. The Client acknowledges and agrees that all original works, content, graphics, logos, slogans, names or other marks, data, information and materials provided on or made available on or through the site ("Site Content") or through the Newsletters are proprietary to and belong to the Company, unless specifically noted. This Site Content is or may be subject to protection by copyrights, trademarks, service marks, intellectual property rights, or other similar rights and laws. Further, other clients and third parties may also provide content, materials, data and information to the site that is included in references to site content herein. "Hopscotch" is a trademark (pending) that is utilized by and belongs to Hopscotch. Other trademarks, service marks and logos used in this site may be trademarks, service marks, or logos of their respective owners and are used, to the Company' knowledge, with the permission of the respective holders of those marks. Graphics, logos, page headers, button icons, scripts, and service names are trademark (pending) or trade dress (pending) of the Company. As a client of the Company, you have the privilege to post information, data or materials to the web site. If you provide or post such information, data or materials, other than the specific member information required for registering as a member, to the site, by voice, electronic means including e-mail, or otherwise ("Client Provided Content"), The Company will treat it as non-confidential and non-proprietary to you. Except as specifically authorized by the Company in writing, you agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or modify any of our materials or create any derivative works from such materials or site content. You may print or download one copy of the Site Content on any single computer for your own personal, non-commercial use in connection with your personal activities, but you must keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. You also agree that you will not use the site or information or site content from the site for any commercial or competing activity, take information or site content from the site for posting in any other publication or elsewhere on the internet without the Company's express prior written consent, perform any action inconsistent with the Company's ownership of the site, site content and the intellectual property rights associated with the site content or the site, initiate any action that would disrupt, alter or impede the operation of the site, alter the site content , impede access to or use of the site by others, or otherwise would be damaging or objectionable to the Company, the site or any of the Company's Clients. The Company reserves all rights not expressly licensed. Limitation of Liability for Site Content and Data: The Company is not liable for any lost content or data resulting from the operation of our site and/or the enforcement of the Terms of Use. The Company urges you and all our Clients to maintain your own back up versions of anyCcontent, including data, you submit to the site. The Company is NOT liable for the use of any personal information or content by third parties gaining access to such personal information or content from this site by any manner. Additionally, the Company is not responsible or liable for any content or data provided by its members or other third parties to the site. Corrections to Site Content: If you believe any information available on the DeronWagner.com site or the Newsletters is incorrect, inaccurate, or offensive, please inform the Company via e-mail by writing to: support@hopscotch.cc. The Company will be pleased to make appropriate inquiries and, if warranted, remove incorrect, inaccurate or offensive information from our site, post corrections or provide additional information, as indicated. Responsibilities and Limitation of Liabilities: All the information, software, content, products and services at the Company are provided on an "as-is" and "as-available" basis, with no warranties of any kind. The Company disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and noninfringement. The Company disclaims any warranty that the site will always be accessible or operational, including distribution the Newsletters, that the information provided at the site is accurate, reliable or correct, and that any errors will be corrected. You agree that, under no circumstances and to the fullest extent allowed by applicable law, the Company will not be liable for any and all damages under any and all theories (including contract, negligence, strict liability or tort) arising out of or relating in any way to this agreement, the content, including without limitation any the Company content or third party content, the site, your use or inability to use the site, or any decision or action you make in connection with the site. Further, you agree that, under no circumstances and to the fullest extent allowed by applicable law, the maximum aggregate liability, if any, that the Company may owe to you in connection with this agreement, the site, and your use of the site and its content, shall not, under any circumstance or theory of law or recovery, exceed $100. Your only other remedy for dissatisfaction with the site, site related services or content or information contained within the site is to stop using the site and the services offered or provided and to cancel your subscription. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may therefore not apply, and you might have additional rights. You acknowledge, represent and warrant that you will receive the Newsletter, via email, and that you are the sole and exclusive owner and are the only authorized viewer of such information and accept sole responsibility for use, confidentiality and protection of the proprietary information contained in the Newsletter. You will immediately notify the Company in writing, delivered via confirmed e-mail, if you become aware of any loss, theft or unauthorized use of your Newsletter subscription. If you fail to notify the Company immediately upon your knowledge when the above condition occurs, you agree to indemnify the Company against all claims and that neither the Company nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any information. Under no circumstances, including negligence, shall the Company or anyone involved in creating, producing, delivering or managing the Company' services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service, or out of any breach of any warranty. To the extent that any applicable statute applies which modifies the above, our liability shall not include any hypothetical or actual or alleged gains or losses, and it is agreed that the trier of fact shall only consider the actual acts, or lack thereof, of the parties to this agreement. Information Supplied by Others: The site contains links to other web sites operated by third parties as well as information provided by third parties. You understand and agree that Intraday Investments is not responsible for the content, accuracy, or legality of what may appear on these other sites, and that the inclusion of any such link or third party materials do not constitute or imply any endorsement, sponsorship or affiliation with the site by Intraday Investments, or any representation that any of the third party information is correct, accurate or reliable. Third Party Goods and Services: The site contains information about third-party products and services, and provides links to other sites from which Clients may purchase products or services. The Company does not endorse any such third-party product or service. You agree that the Company has no responsibility or liability for or in connection with any products or services you obtain from others through use of this site, or for the quality, functionality, use or intended use of application of any product or service purchased from any third party. The Company makes no representation or warranty of any kind whatsoever, whether express or implied, concerning any such product or service. If you have a concern or complaint about any such product or service, you understand and agree that your sole recourse, if any, in connection with any such product or service is with the third party manufacturer, vendor, supplier, seller or distributor of such product, and not the Company. Copyright and Similar Rights of Others: The Company intends to honor the copyright and intellectual property interests of others. By entering into the Subscription Agreement, you represent and warrant to the Company that you own or have the right to submit whatever information or content material you submit or post on the site, and that no such submission infringes upon any copyright, trademark or other intellectual property interest or right of others, and that you will forever defend and hold DeronWagner.com harmless from and against any such infringement or claim of infringement made by others. If you believe that any copyright interest belonging to you is or may be infringed by any posting on our website or our decision support application, you agree to notify us promptly by providing a sworn notification of those materials that you believe infringe your copyrighted material, specifying in reasonable detail the basis for your concern. Trading Disclaimer: As the Company's Newsletter editors are live traders and not just instructors, it is our intention to be in the trades that the Company publishes in The Wagner Daily. However, the Company cannot guarantee that it will be able to execute every trade that is published in the Newsletter. Because of the nature of the trading activities, the results of trading activities may fluctuate from month to month and from period to period. Accordingly, all Clients should understand that the results of a particular period will not necessarily be indicative of results in future periods. Past performance results obtained by the ompany does not guarantee similar future results. Additionally, it is our belief that an equities trader cannot maintain long term success in the markets by merely attempting to follow the trades of a third party such as the Company. You must learn to trade on your own merits and take full responsibility for your own equity trades. Intent: All information contained in any training program or Newsletter is for instructional and informational purposes only. The intent of Hopscotch is to apply various analysis strategies to stock research. The idea is that with repetition and exposure to a disciplined approach of trading, the client can learn to understand the methodology and be able to apply it independently. Any training material will contain the basic rules and concepts of the particular trading style discussed. Risk Disclosure: You acknowledge and agree that the Company, its owners, affiliates and assigns, make no representation of any kind that your trading activities will result in profits and, likewise, The Company cannot guarantee that you will not lose some or all of your money. You acknowledge and agree that all trading decisions must be determined by you alone or by you and your qualified licensed broker. The Company reiterates it is not a licensed broker or an investment advisor. The risk of loss in trading equities can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your individual financial condition. No Advice Given: The Company is not a Broker or registered investment adviser nor are its officers, directors or affiliates. Further, the Company does not provide tax, legal or investment advice of any kind. The Company attempts to help you interpret the marketplace and technical indicators so that you my train yourself to become a better trader. The information and commentaries are not an endorsement or offering or recommendation of any stock transaction. They are only meant to be a guide which must be tempered by the investment experience, individual circumstances and independent decision making process of the Client and the Client's professional advisors. The Company and its employees are in no way liable for the use of the information by others in investing or trading in investment vehicles utilizing the principles disclosed herein. It is highly recommended that you consult with a qualified stock broker or certified Financial Advisor prior to your taking a position in any market or equity. Additionally, it is recommended that you consult with a qualified tax consultant or qualified tax adviser prior to your taking a position in any market or equity, as there may be significant tax issues, which may impact your particular financial situation. It is further recommended that before the Client utilizes the techniques suggested by this service, the Client should consult a professional stockbroker or competent financial advisor. Indemnification: You agree to indemnify, defend and hold harmless the Company, and its officers, directors, employees, agents, information providers and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs, including reasonable attorney's fees, arising out of, in connection with or relating to any violation by you of the Subscription Agreement or these Terms of Use, including claims of infringement of intellectual property or other third party rights, or otherwise, directly or indirectly resulting from or attributable in any way to any access to, use of or posting of material or content on the Company site by you. Access and Interference You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Further, you agree not to engage in any unauthorized framing, linking or deep-linking to the site or the Newsletters without the prior written consent of the Company. Business Sale or Transfer: As the Company continues to develop our business, it might sell or buy sites, products, services, or technology. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that the Company or substantially all of its assets are acquired, customer information will of course be one of the transferred assets and you agree to any such transfer and to reasonably cooperate with any such transfer. Other Terms, Conditions and Provisions No amendment, modification or alternation of the Subscription Agreement or these Terms of Use shall be effective unless they are evidenced in writing and signed by an officer of the Company. The Subscription Agreement and these Terms of Use together constitute the entire agreement between you and the Company with respect to this site and supersede all prior or contemporaneous communications and proposals, if any, whether oral, written or electronic, between you and the Company with respect to this site. The Subscription Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else. You also agree that you will not allow anyone else to access Hopscotch unless such other person has registered as a member. You agree that you will be solely responsible for any liability arising from any third party access to or use of the site that you permit or facilitate. Jurisdiction and dispute resolution This Agreement shall be governed by and interpreted in accordance with the laws of the United States of America. If any dispute arises or if litigation is required to enforce any part of this agreement, the Client agrees that such disputes will be resolved in accordance with said laws and any court of competent jurisdiction. It is agreed that the use of this site by the Client constitutes activity in the United States of America as it pertains to the litigation of any dispute arising under this Agreement. Failure to enforce: Any failure by the Company to enforce strict performance of any provision of the Subscription Agreement or the Terms of Use will not constitute a waiver of its right subsequently to enforce such provision or any other provision of the Subscription Agreement or Terms of Use. Waiver: Except as specifically permitted in this agreement, no provision or condition of this agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of the Company. Force Majeure; Potential Technical Problems: The Company will not be liable or deemed to be in default for any delay or failure in performance under this agreement resulting, directly or indirectly, from acts of God, electronic failure, lack of internet access or any other reasons commonly known as Force Majeure. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the web site or related services, and for all communications service fees and charges incurred by you in accessing the web site or related services. The Company does not warrant that the information contained herein or distributed from this site will be uninterrupted or error-free, that defects will be corrected, nor that this site or the server that makes it available are free of viruses or other harmful components. By using this site you, not the Company, or its principals, agents, associates and employees, assume the entire risk costs of servicing, repair or correction of your computer hardware, or software caused by your use of this site. Acknowledgement: I have read, understand, consent and agree to be bound by all of the terms and conditions set forth in this agreement in its entirety. I understand that is a legally binding agreement and that I have been provided appropriate opportunity to consult with my attorney before clicking the "I agree" button below. By clicking the "I agree" button below, I recognize and agree that I have read this document in its entirety and agree to all of the terms and conditions contained herein and further understand that I am entering into a legally binding agreement. DeronWagner.com recommends that you print a copy of this agreement for your permanent records.
Please Note: Trading may not be suitable for all individuals using this website. Trading may result in substantial losses! Please consult your financial advisor. Copyright © 2001-2006 HOPSCOTCH Technologies Ltd.. All Rights Reserved.