ACKNOWLEDGEMENT AND AGREEMENT
Some main points expressed further below in greater detail are:
Neither Volatility Timer, Steve Lentz, nor Credit Spread Associates, Inc. is registered as an investment adviser. We rely upon the "publishers' exclusion" from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, we do not provide or offer personalized advice. The information that we provide or that is derived from our website is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Our website and the information provided should not be construed as our solicitation for any transaction in a security. Investments in the options and futures markets are speculative and involve substantial risk. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from us or derive from our website. Only you can determine what level of risk is appropriate for you.
Prior to buying or selling an option, you should read and understand the booklet "Characteristics and Risks of Standardized Options." You can access and download a copy of the booklet on The Options /Clearing Corporations'(OCC) website at http://www.theocc.com/publications/risks/riskchap1.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing Volatility Timer or its products. Brokers offer this booklet for free.
Prior to buying or selling a future, an investor should read and understand the booklet "Security Futures: An Introduction to Their Use and Risks." You can access and download a copy of the booklet at the National Futures Association website at https://www.nfa.futures.org/investors/investor-resources/files/security-futures.pdf. This link reference is provided as a courtesy and does not imply that the National Futures Association is endorsing Volatility Timer or its products.
We encourage our CUSTOMERS readers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov and the Financial Industry Regulatory Authority at http://www.FINRA.org.
Much of the information we provide is derived directly from information published by sources we believe are reliable, without our independent verification. Therefore, we cannot assure you that the information is accurate or complete. We do not warrant or guarantee the success of or endorse any action which you take in reliance on the information that we provide or that is derived from our website. While we use reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.
Any links provided to other websites are offered as a matter of convenience and in no way are meant to imply that we endorse, sponsor, promote or are affiliated with the owners of or participants in those sites, or endorse or warrant any information contained on those sites, unless expressly stated. Furthermore, we do not endorse, guarantee or warranty any third party products advertised on our site, in any of our newsletters, in any third party rental of its permission based lists or otherwise referenced in any information provided by us or derived from our website, and the Company expressly disclaims any responsibility and accepts no liability with respect to such information and products. We may receive a fee from a service provider that has a link on our website or is referenced in the information provided by the Company.
Volatility Timer has no limit to the number of subscribers allowed in any one service. There may be a risk that several traders will attempt identical trades and possibly influence the market.
The Company or their respective officers, directors, employees, agents or affiliates, may own, buy, sell or trade for their own accounts in securities appearing on the site or in emails. Such persons may, inform you of their trading activities either before or after they occur, but are not required to.
Testimonials may or may not be representative of actual results.
Each subscriber and potential subscriber agrees, to the extent not prohibited by law, as a condition precedent to accessing or using our website or receiving information provided by us, to release and hold harmless the Company and its directors, officers, shareholders, employees and agents from any and all liability in connection with accessing or using Volatility Timer’ website or receiving information provided by Volatility Timer. In all other cases, our liability to a subscriber, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages of the subscriber, not to exceed the fees received by Volatility Timer from the subscriber. Volatility Timer will not be liable for any consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by us or derived from our website. Without limitation, we shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber's inability to use or any delay in accessing our website or any other source of material provided by us; (3) any absence of material on the Volatility Timer website; (4) the Company’s failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. Volatility Timer and each subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between the Company and the subscriber.
All Information provided by, or derived from, Volatility Timer is provided “as is” and we make no warranty of any kind for the fitness of the information for a particular purpose.
Volatility Timer is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. Volatility Timer is not and will not be responsible for any trades made by a broker on the subscriber's behalf under any circumstances.
All submissions from outside contributors on Volatility Timer’ website are the responsibility of their respective authors, creators, and/or owners. Volatility Timer is not responsible for such submissions, and the views and opinions expressed are not necessarily those of Volatility Timer. Volatility Timer does not guarantee the accuracy or validity of the submissions. While Volatility Timer may use its best efforts to review contributor submissions for form and format before they are posted on its website, Volatility Timer does not review or edit these submissions for content. Volatility Timer makes no representations and provides no warranties whatsoever concerning submissions, and the fact that Volatility Timer has posted these outside contributions does not constitute an endorsement, authorization, sponsorship, or affiliation by Volatility Timer with respect to the author, creator and/or owner of the submissions. Volatility Timer expressly disclaims any responsibility and accepts no liability for any information or content provided in these submissions. Please be advised that submissions may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute this material may be limited accordingly.
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If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Some of our subscription services involve email, text or fax transmissions as delivery methods. We assume no responsibility or liability for undelivered or late emails, text messages or faxes, whatever the reason may be. If you have problems getting your products delivered, contact us at [email protected] We will make every effort to assist you with potential solutions that may fix delivery issues.
Current subscriptions are available on the website’s Store pages. Payment for your subscription is due in advance of the subscription period you select. All subscriptions automatically renew unless they are cancelled by the user. To cancel a subscription:
The Company does not offer prorated refunds should you cancel before the final day of the subscription.
This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Lake County, Illinois. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: February 6, 2019