Terms and Conditions
1. RISK DISCLOSURE STATEMENT: DonFishback.com PROVIDES INFORMATION ON STOCK, ETF AND INDEX OPTIONS. THESE PRODUCTS INVOLVE VARYING DEGRESS OF RISK. USERS OF DonFishback.com SHOULD MAKE THEMSELVES AWARE OF THE RISKS OF OPTIONS BY FAMILIARIZING THEMSELVES WITH THE OPTIONS DISCLOSURE DOCUMENT: “CHARACTERISTICS AND RISKS OF STANDARDIZED OPTIONS”. Please refer to item 11.
2. Notwithstanding any other communications between Fishback Management and Research, Inc. (‘FMR’) and its customers and prospects to the contrary, receipt or use of any material provided by FMR, at any time, distributed via any method, represents acknowledgement by such person of this Terms of Use Agreement with its terms and conditions.
3. NO SUITABILITY REPRESENTATION: FMR makes no representations concerning the suitability of the Service for use by Subscriber. Subscriber should determine for himself or herself whether, and to what extent, the use of the Service is suitable for Subscriber.
4. HYPOTHETICAL RISK STATEMENT: SOME OF THE TRADE EXAMPLES IN OUR COURSES AND NEWSLETTERS AND NEARLY ALL OF THE HISTORICAL EXAMPLES CONTAINED IN THE MARKETING MATERIALS INCLUDE HYPOTHETICAL EXAMPLES FOR ILLUSTRATION PURPOSES. Although we do not provide any futures information, the CFTC provides an excellent description of the limitations of hypothetical trades and, therefore, we are providing it to you: HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN5. TRADING BY FMR AND ASSOCIATED PERSONS: FMR, ITS PRINCIPLES, EMPLOYEES AND PARTNERS TRADE ETFS AND OPTIONS FOR THEIR OWN ACCOUNTS AND RESERVE THE RIGHT TO CONTINUE TRADING FOR THEIR OWN ACCOUNTS.
5. FMR, its principals, employees and partners will not knowingly trade in advance of the general dissemination of trading ideas and recommendations, unless it is explicitly stated. There is, however, a possibility that when trading for these proprietary accounts, orders may be entered which are opposite or otherwise different from the trades and positions described herein. This may occur as a result of the use of different trading systems, trading with a different degree of leverage, or testing of new trading systems, among other reasons. The results of any such trading are confidential and are not available for inspection.
6. RISK OF ERRORS: ALL MATERIAL PROVIDED BY FMR IS BELIEVED TO BE RELIABLE, BUT FMR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL MATERIAL IS PROVIDED ‘AS IS’. Due to the number of sources from which we obtain information, and the inherent risks of distribution, there may be omissions or inaccuracies in such information and services. FMR, its employees and contributors take every reasonable step to insure the integrity of the data. However, FMR, its owners and employees and contributors cannot and do not warrant the accuracy, completeness, currentness or fitness for a particular purpose of the information contained in our products and services.
7. NO PERFORMANCE GUARANTEE: PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. The descriptions of the various trading methods taught and used by FMR describe the objectives of each. There are no guarantees that the stated objective will be met.
8. OTHER CAUTIONS: Recommendations and opinions contained in our products and services reflect the judgment, as applicable, of FMR as of the date hereof, and are subject to change, and are based on certain assumptions, only some of which are noted herein. Different assumptions could yield substantially different results. You are cautioned that there is no universally accepted method for analyzing financial instruments, including options. Further, FMR does not guarantee any results and there is no guarantee as to the liquidity of the instruments involved in its analysis. FMR, and its affiliates, and its respective officers, directors, shareholders and employees may sell or purchase, for their own account or for customers, positions in options, securities, futures contracts, or derivative instruments which may be similar or different from the positions referred to herein. Neither the information nor the recommendations and opinions expressed herein constitutes an offer to sell or buy any option, security, futures contract, or derivative instrument. As a matter of policy, FMR does not give tax, accounting, regulatory or legal advice to clients. Clients therefore should consult their own advisors regarding the tax, accounting and legal implications of the recommended strategies before transactions are effected.
9. AUTO TRADING: AUTO TRADING, OR ANY OTHER BROKER OR ADVISOR-DIRECTED TYPE OF TRADING IS NOT SUPPORTED BY FMR. FOR ADDITIONAL INFORMATION ON AUTOTRADING, WE RECOMMEND YOU VISIT THE SEC’S WEB PAGE: ALL ABOUT AUTO-TRADING.
10. OTHER INFORMATION: As a matter of policy, FMR does not give tax, accounting, regulatory or legal advice to clients. Clients therefore should consult their own advisors regarding the tax, accounting and legal implications of the recommended strategies before transactions are effected.
11. OPTIONS DISCLOSURE DOCUMENT: Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options. The OCC Prospectus contains information on options. These documents are available from your broker, or from the Options Clearing Corporation:
http://www.optionsclearing.com/publications/risks/riskstoc.pdf
or by writing
The Options Clearing Corporation One North Wacker Dr., Suite 500 Chicago, IL 60606.
This is not an offer to buy or sell options or securities. It is provided as a convenience to you. This link does not imply that the Options Clearing Corporation endorses our products.
12. ETF RISKS: Prior to buying or selling an ETF, a person should read the prospectus of the ETF he or she wishes to trade. Each ETF’s prospectus is available from the issuing firm.
13. ARBITRATION: Any dispute arising out of or relating to this Agreement, or to the breach of this Agreement shall be settled by arbitration in Cincinnati, Ohio administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
14. NO ASSIGNMENT: Without the prior written consent of FMR, Customer may not assign, sub-license, transfer, pledge, lease, rent or share Subscriber’s rights, duties or obligations under this Agreement to or with any person or entity, in whole or in part.
FMR reserves the right to refuse any subscription order.