The primary goal of Cerebral Works, Inc. is help our clients, associates and visitors realize profits from capital markets. We strive to be responsive to the needs of our clients, associates and visitors and make every effort to meet those needs in a practical time frame and with reasonable cost and efforts.
Still, there are many aspect of a relationship that may create confusion or misperceptions. Hence to guide our relationship, here are the terms and conditions for using this website and products by “Cerebral Works, Inc.” (Henceforth referred to as CWI).
Scope of Agreement
- By accessing any product offered by CWI, either directly or indirectly, by any means including but not limited to RSS, blog, or a feed, or email communication, you agree to be bound by these Terms & Conditions of Use.
- The product offerings by CWI include this webs site, associated blogs, newsletters, email alerts, reports, publications or services of any kind or webinars.
- These terms also apply to the employees, officers, directors, and affiliates of CWI. You must comply with any additional terms which apply to third party content, software or other services.
- This Agreement and/or the products that CWI offers may be changed at any time. At any time for any reason, CWI may alter and significantly change the number of features, membership benefits, frequency and types of reports, and all other material changes to the products provided.
- When the terms are changed, notice of the change will be posted on our web site or sent to you via electronic mail. By continuing to use the Service, you agree to be bound by the changes in the new version of the Agreement.
- This Agreement is personal to you, and you cannot assign your obligations or rights.
Scope of Service
- Under this Agreement, CWI furnishes on-line financial information, opinions, and services to visitors, members and subscribers. All content is provided for education and information only. Nothing should be interpreted as investment advice, endorsement or an offer to buy or sell any security instrument.
- CWI is not a registered broker dealer, or financial advisor. CWI does not provide personal investment advice and does represent itself as a qualified or properly licensed investment advisor.
- The opinions expressed about the stocks, funds, options, markets and other investments mentioned on this site or through any service offered is purely the result of independent research conducted by CWI and are not offers or solicitations to buy or sell the securities mentioned.
- You agree not to act on any content provided by CWI without the consent of your own personal financial advisor; CWI is not your financial advisor.
- You also understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account based on this information.
- Members and visitors to the website should assume at all times that any stock, ETF, or other investments that is discussed, listed, and or referred to or which appear at the website in any form (including stock screen) may also be currently owned or shorted by CWI or its employees, officers or could be in the future.
- All content is provided without warranty of any kind, expressed or implied. In no event will CWI be responsible for any direct, indirect, consequential, incidental, or any other damages of any kind arising out of the content or decisions made by you in reliance on the content whether or not caused in whole or part by CWI’s negligence or error. Errors are a natural process in the type of services CWI offers and are bound to occasionally happen; you specifically agree to independently check all content and not hold CWI responsible for any damages of any kind due to errors. CWI’s affiliates or employees may have positions that may be in line or conflict with CWI’s content.
- CWI may, from time to time, own or short securities that may or may not be in line with the content and may be contrary to the content.
- Trading of securities may not be suitable for all potential users of CWI’s products and services. You should be aware of the risks inherent in the capital market. Acting on the content by purchasing or shorting any security may result in PARTIAL or TOTAL LOSS of any investment made. Trading securities is inherently filled with risk and potential of significant loss. You fully, and not CWI, assume the full risk of all your investments and trades including those influenced by CWI.
- Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized or that any opinion made by CWI will be profitable. Proper due diligence is necessary for any and all investment or trading decisions to be made by you.
- Performance claims are based on context of the site and strictly follow CWI’s proprietary trading systems based upon technical analysis and Risk Control techniques. The site, blog or emails may not describe the trade management and risk control for every trade. Actual trades may not have been made and thus performance figures should be considered hypothetical. Past results are not indicative of Future Performance.
- CWI may also provide various investment tools, scanners and systems. As always, keep in mind that screens and research provided at the website is only the first step in the investment and trading process. The stocks passing any screens do not represent a “recommendation” or “buy” list. Before making any investment decisions, it is important to perform sufficient due diligence and consult your financial advisor.
- All information provided by CWI is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. CWI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH CWI PRODUCTS & SERVICES.
- No stock featured on this website has paid a fee, or otherwise compensated CWI for their appearance, coverage, and/or favorable opinion. In addition, CWI does not receive any compensation for websites referred.
- There are no refunds under any circumstance for any and all services, subscriptions or any other product from CWI.
- You may cancel a subscription at any time. However, you will only receive a full-refund only if the request to cancel has been received within the first 30 days of your membership or subscription.
- Cancellation requests after 30 days will be still honored, but no refund will be provided. Any unused portion may be applied to other services or products from CWI. If cancelled before the end of a service period, the service will continue till the end unless you ask us to stop it before.
- To cancel a subscription, it is subscribers’ responsibility to go to Paypal and cancel subscription. A subscription is immediately cancelled after a subscriber cancels at Paypal. Failure to cancel a subscription at Paypal by a subscriber will result in further charges and there will be no refund for such charges.
- If requested, any unused portion may be applied to other services and subscriptions from CWI. For the fulfillment of any such request, the method (check, Paypal or another service) will be determined by CWI and will be processed within two weeks upon request.
- Your subscription or membership will expire no earlier than end of the period that you selected. At the end of the period your subscription will be automatically renewed for next period. If you do not want to continue the service then you would need to cancel it before the end of service period.
Special Offer Policy
- From time-to-time, special offers may be made available to prospective members or visitors that were not available at the time you became a member. CWI is under no obligation to offer you credits, refunds or match any offer that we may offer to other members. CWI also reserves the right to change subscription or membership fees at any time without notice.
Vacation & Work Policy
- Eight weeks of vacation time for editors of any service are included each year as part of your agreement to subscribe to CWI’ services. During such period we may assign a substitute editor. Also, during this time the postings may be infrequent, limited, and/or non-existent.
Copyright and Limitations on Use
- All content is copyrighted other than under the Fair Use Provisions of the copyright law. Copying the content without written permission is prohibited. It may only be displayed, formatted and printed for your personal, non-commercial use.
- CWI owns all the intellectual property behind the content and does not relinquish any intellectual property rights by publishing the content.
- You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information, research, charts, website pages or drawings received through us to anyone without our prior written consent. You may not post any content from this website, newsletter, email alerts, message boards, reports, and all other content offered by CWI to news groups, mail lists or electronic bulletin boards, or to other individual(s) or parties without prior written consent from CWI.
- Memberships and Subscriptions are provided on an individual basis. No passcode sharing is allowed, unless permission is granted in writing by CWI.
- At any time, CWI may cancel the membership, with or without cause, or notification if a violation of this agreement is suspected and no refund will be given for any fees previously received.
- Copying and/or electronic transmission of any content of the Service is a violation of copyright law.
- All information sent to CWI becomes the property of CWI and can be used by us at our sole discretion.
Links to Other Websites
- CWI content may contain links to other sites or resources. CWI does not control or endorse such other web sites, nor will it review or approve any content that appears on these web sites.
- You acknowledge and agree that CWI shall not be responsible for the legality, accuracy, or inappropriate nature of any content of the linked sites or resources, and CWI shall not be liable directly or indirectly in any way for damages of any kind caused by reliance on such links.
- Fair use of the RSS feeds for the free content of CWI is permitted for third party use as long as a direct link is provided to CWI at the website/service in which those feeds appear. At no time may full posts appear on other websites/services without the prior written permission of CWI.
Code of Conduct
While visiting any CWI website, you agree not to:
- Restrict or inhibit any other visitor or member from using any product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of CWI;
- Use any product or service for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;
- Transmit any material, non-public information about companies without the authorization to do so;
- Transmit any trade secret of any third party; or any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted);
- Engage in spamming;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of CWI web site;
- Remove any copyright, trademark, or other proprietary rights notices contained at any CWI content without prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of any product or service or its contents without authorization;
- Harvest or collect information about visitors to or members of CWI without their express consent; or Permit anyone without an account or subscription to use any product or service through your subscription, user name or password.
Failure to Access Service
- You agree that we are not responsible for your inability to log-on to any CWI website, either because of poor Internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility.
- We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, website upgrades, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.
No Liability For Hackers & Security Breaches
- While CWI takes every reasonable step to protect and safeguard your information online, as a member, subscriber or visitor you agree to hold CWI NOT liable for any security breach or hacker attack which occurs at the site.
- CWI will not be liable even if the attack or security breach could have been avoided in some way. As a member, subscriber or visitor you realize and accept that information online is always at risk and therefore vulnerable. By your use of CWI products, you accept full and complete responsibility for your information it all all times. As a member, you also agree never to use the same password or email address for CWI as you do for other websites or accounts, especially those linked directly to financial accounts including those at your broker, email, and similar which have access to your information and money.
Limitations Of Hypothetical Performances
- Some of CWI’s trading systems and reports use hypothetical trade results.
- Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading dies not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses is material which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. See also: CFTC’s fraud advisories at http://www.cftc.gov/ConsumerProtection/FraudAwarenessPrevention/CFTCFraudAdvisories/index.htm
Indemnification, Governing Law, & Jurisdiction
- CWI is headquartered in the Fairfax County of the Commonwealth of Virginia.
- The governing law is the law of the Commonwealth of Virginia. You agree that the venue of any claims in litigation shall be Fairfax County, Virginia. You agree that for litigation purposes, the entire relationship shall be deemed to be confined to Fairfax County, Virginia
- You agree to defend, indemnify, and hold CWI harmless against all damages, liabilities, claims, actions, costs, expenses, and attorney fees in connection with your breach of this Agreement. You specifically agree that you will pay CWI’s attorney fees, in advance, in connection with any litigation or other action even if the litigation or action is the result of CWI’s negligence.
- If any portion of this Agreement is deemed unenforceable, the remaining provisions will continue to be in full force and remain enforceable.
YOU AGREE THAT IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS LEGAL AGREEMENT, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CWI FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO CWI WEBSITES OR FOR ANY SERVICE OFFERED BY CWI.
THIS AGREEMENT WAS LAST UPDATED ON MARCH 15, 2014.