Last Revised January 11, 2010
1. Changes to the Agreement: We may change the terms of this Agreement at any time and without prior notice. If we do this, we will post the changes to this page and indicate at the top of the page the date the Agreement was last revised. Your use of TraderVantage or Sunrise Capital Management LLC Services after changes are made to this Agreement means that you agree to be bound by such changes. As our business changes constantly, this Agreement, and other pertinent company policies may change also.
2. Legal Disclaimer: Sunrise Capital Management LLC (via TraderVantage, Minyanville or other channels) creates and provides content, products and services for discussion, information and educational purposes and is not a registered broker-dealer. None of the principals, officers, contributors or employees of Sunrise Capital Management LLC are registered investment advisors. By using the our Products or Services, including without limitation any and all content available on or through the Service, you understand and agree that the content, information, data, and any kind of material provided is for informational and educational purposes only, and that no mention of a particular security in any Product or Service constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand and agree that none of the discussion or content (including without limitation, that offered through our Mentoring program or Consulting arrangement) is meant to be advise for you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any Product or Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Further, you explicitly agree that all content and discussion related to any Product or Service has been created and used with the explicit intent of education and information using examples, and is not meant to be investment advise of any nature.
You understand and agree that any Sunrise Capital Management LLC Product or Service may contain opinions from time to time with regard to any securities or investment strategy, and that those opinions may be different from those contained in another Sunrise Capital Management LLC Product or Service. You understand and agree that, from time to time, officers and contributors of Sunrise Capital Management LLC and 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. These positions can change at any time without notice.
You understand and agree that data is supplied by sources believed to be reliable, that the calculations in any Sunrise Capital Management LLC Product or Service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.
BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED INVESTMENT ADVISOR, BROKER OR OTHER FINANCIAL PROFESSIONAL TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
4. Disclaimers of Warranties and Limitations on Liability: YOU AGREE THAT YOUR ACCESS TO AND USE OF SUNRISE CAPITAL MANAGEMENT LLC and TRADERVANTAGE AND RELATED PRODUCTS AND SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. SUNRISE CAPITAL MANAGEMENT LLC, TRADERVANTAGE AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS (“SUNRISE CAPITAL MANAGEMENT LLC PARTIES”) SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE SUNRISE CAPITAL MANAGEMENT LLC PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCT OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF SUNRISE CAPITAL MANAGEMENT LLC PRODUCTS OR SERVICES, THE MATERIALS ON THE TRADERVANTE WEB SITE AND ANY MATERIALS, PRODUCTS OR SERVICE PROVIDED TO YOU ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION YOU COME ACROSS WITH RESPECT TO THE HISTORICAL INVESTMENT PERFORMANCE OF ANY OF SUNRISE CAPITAL MANAGEMENT LLC’S OFFICERS, EMPLOYEES, CONTRIBUTORS, AGENTS, SHAREHOLDERS OR AFFILIATES IS FOR INFORMATIONAL PURPOSES ONLY. SUNRISE CAPITAL MANAGEMENT LLC DOES NOT WARRANT THE ACCURACY OF THESE UNAUDITED RESULTS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS AND FUTURE RESULTS MIGHT DIFFER MATERIALLY FROM THE PAST. YOU FURTHER ACKNOWLEDGE THAT NO WARRANTY OR CLAIM IS BEING MADE, WHETHER EXPLICIT OR IMPLICIT, THAT FOLLOWING ANY INVESTMENT STRATEGY OR TRADING/INVESTING TECHNIQUE OR FOLLOWING ANY RELATED DISCUSSION WILL ALLOW ANYONE TO EITHER REPLICATE THESE RESULTS OR OTHERWISE IMPROVE UPON ANY OF THEIR OWN HISTORICAL RESULTS. YOU ACKNOWLEDGE THAT TRADING AND INVESTING INVOLVES RISK OF LOSS OF CAPITAL, INCLUDING THE RISK OF COMPLETE LOSS OF CAPITAL AND THAT ALL TRADING AND INVESTING DECISIONS ARE TAKEN ON YOUR OWN RISK.
YOU ACKNOWLEDGE THAT THE SUNRISE CAPITAL MANAGEMENT LLC PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF SUNRISE CAPITAL MANAGEMENT LLC PRODUCTS OR SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SUNRISE CAPITAL MANAGEMENT LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
YOU AGREE THAT THE MAXIMUM LIABILITY THE SUNRISE CAPITAL MANAGEMENT LLC PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY SUNRISE CAPITAL MANAGEMENT LLC PRODUCTS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Sunrise Capital Management LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
5. General: This Agreement contains the final and entire agreement between you and Sunrise Capital Management LLC regarding your use of all Products and Services and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of these Products or Services. Sunrise Capital Management LLC may discontinue or change these Products or Services, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
6. Indemnification: You agree to indemnify, defend and hold the Sunrise Capital Management LLC Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of this Agreement.
7. Copyright: All material, whether published on TraderVantage or distributed by any means, whether electronic, media (CD/DVD) or otherwise by any of Sunrise Capital Management LLC Parties, is protected under U.S. Copyright laws and international treaties and applicable laws. Sunrise Capital Management LLC is the sole owner of the copyright and no part of the content produced in connection with this website, Product or Service may be reprinted, republished, distributed, transmitted or shared in any form, digital or otherwise, in whole or in part, without the prior written permission of Sunrise Capital Management LLC. Unauthorized use, copying or distribution of any part of our content can subject you to civil or even criminal liability.