MASTERMIND TRADING ALLIANCE – NON-DISCLOSURE AND AGREEMENT
1) RISK DISCLOSURE STATEMENT:
MASTERMIND TRADING ALLIANCE PROVIDES INFORMATION PERTAINING TO OPTIONS ON STOCKS, ETFS AND INDEXES. THESE PRODUCTS INVOLVE VARYING DEGRESS OF RISK. SUBSCRIBERS OF MASTERMIND TRADING ALLIANCE 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 14.
2) ACKNOWLEDGEMENT:
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 disclaimer and agreement with its terms and conditions.
3) NON-DISCLOSURE:
This service is intended for Subscriber's personal use only. The content provided in Mastermind Trading Alliance (‘MTA’), in whole or in part, may not be reproduced, retransmitted, disseminated in any manner (including but not limited to verbal, electronic, telecommunications, or printed), sold, distributed, published, broadcast, or circulated in any manner to anyone without the express prior written permission of FMR.
4) PROFESSIONAL INVESTORS:
This subscription is offered to non-professional investors only. Subscription for financial professionals or other professional investors are available by contacting FMR's office. You attest that you are not a professional investor or that you have received a written waiver from FMR. Professional investors who subscribe as non-professionals risk having their subscription terminated without notice and other remedies.
5) 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.
6) 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 SHOWN.
7) SUBSCRIPTION TERMS:
MASTERMIND TRADING ALLIANCE HAS A SUBSCRIPTION TERM OF ONE YEAR OR TWO YEARS, DEPENDENT ON THE TERM CHOSEN AT SIGNUP. THE TERM WILL NOT AFFECT THE REFUND POLICY OR THE PERFORMANCE GUARANTEE
7b) PARTIAL PAYMENTS:
IF YOU HAVE BEEN GRANTED PERMISSION TO MAKE PAYMENTS, THE TERMS AND CONDITIONS OF YOUR SUBSCRIPTION ARE SLIGHTLY DIFFERENT THAN SUBSCRIBERS WHO MADE FULL PAYMENT AT THE INCEPTION OF THE SUBSCRIPTION. IF YOU FAIL TO MAKE SUBSEQUENT PAYMENTS, YOUR SUBSCRIPTION WILL AUTOMATICALLY REVERT TO A PRO-RATED SUBSCRIPTION TERM CONSISTENT WITH YOUR AMOUNT PAID TO DATE. FOR INSTANCE, IF YOU PAY HALF NOW AND FAIL TO MAKE SUBSEQUENT PAYMENT, YOUR SUBSCRIPTION DURATION WILL REVERT TO A SIX-MONTH TERM. THE GUARANTEE/REFUND POLICY, HOWEVER, WILL NOT CHANGE.
8) REFUND POLICY:
THIS SERVICE IS NON-REFUNDABLE.
9) PERFORMANCE GUARANTEE:
FMR GUARANTEES THAT YOU WILL DOUBLE YOUR MONEY BY USING THE TRADES IMPLEMENTED IN MASTERMIND TRADING ALLIANCE OVER A ONE-YEAR PERIOD. ONLY THE MONEY ALLOCATED TO THE TRADES PROVIDED IN MASTERMIND TRADING ALLIANCE WILL BE SUBJECT TO THE PERFORMANCE GUARANTEE. IF THE MONEY ALLOCATED TO TRADES YOU TAKE SOURCED FROM MTA FAILS TO DOUBLE OVER A ONE-YEAR PERIOD, YOU ARE ELIGIBLE FOR AN ADDITIONAL YEAR OF MTA AT NO CHARGE. THE ADDITIONAL YEAR IS NOT SUBJECT TO ANY SUBSEQUENT PERFORMANCE GUARANTEE. IF YOU PURCHASED A TWO-YEAR TERM, THE PERFORMANCE GUARANTEE APPLIES TO THE FIRST YEAR OF SERVICE. IF ELIGIBLE FOR THE PERFORMANCE GUARANTEE EXTENSION OF ONE YEAR, THE ADDITIONAL YEAR WILL BE ADDED ONTO THE END OF YOUR SUBSCRIPTION PERIOD. THE SECOND YEAR IS NOT COVERED BY THE PERFORMANCE GUARANTEE.
10) 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. 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 because 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.
11) 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 ensure 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.
12) 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 affected.
13) AUTO TRADING:
AUTO TRADING, OR ANY OTHER BROKER OR ADVISOR-DIRECTED TYPE OF TRADING IS NOT SUPPORTED BY FMR.
14) 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:
https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document
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.
15) 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.
16) 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.
17) 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.
18) RIGHT TO TERMINATE:
FMR may terminate the subscription upon a material breach of this Agreement by Subscriber that is not cured after ten days written notice to Subscriber. No refund will be made by FMR to Subscriber if the license is so terminated.
FMR reserves the right to refuse any subscription order.
Copyright 2022 Fishback Management and Research, Inc. All Rights Reserved. None of the content including text, graphics, sounds, or any other content on this site may be copied or redistributed without written permission from Fishback Management and Research, Inc.
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