Effective May 25, 2018
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- RISK DISCLOSURE STATEMENT: DonFishback.com PROVIDES INFORMATION ON STOCK, ETF AND INDEX OPTIONS. THESE PRODUCTS INVOLVE VARYING DEGREES 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.
- 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.
- 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.
- 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.
- DISCLAIMER OF WARRANTIES AND LIABILITIES:
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 content in Fishback Management & Research, Inc. related websites is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and Fishback Management & Research, Inc. related websites. Fishback Management & Research, Inc. AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH Fishback Management & Research, Inc. related websites, OR THIS Fishback Management & Research, Inc. WEBSITE ITSELF. NEITHER Fishback Management & Research, Inc. NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF Fishback Management & Research, Inc. related websites, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS Fishback Management & Research, Inc. related websites AND ANY CONTENT THROUGH THIS Fishback Management & Research, Inc. WEBSITE. IN NO EVENT WILL Fishback Management & Research, Inc., ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR Fishback Management & Research, Inc. related websites. Fishback Management & Research, Inc. AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Fishback Management & Research, Inc. makes no representations that the materials provided are appropriate, available or useful in locations outside the U.S. Anyone who elects to use this website from other locations do so at their own risk and are responsible to comply with all local laws and rules that apply. Some states do not allow the disclaimer of implied warranties, so the above disclaimers may not apply to you in all instances.
None of Fishback Management & Research, Inc.’s staff, consultants, contractors, or third-party content providers shall be liable for damages arising out of or in connection with the use of this website. UNDER NO CIRCUMSTANCES SHALL Fishback Management & Research, Inc. OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITE, including, but not limited to, damages due to: loss of data, income or profit; loss of or damage to property; claims of third parties; reliance by a user on information obtained from Fishback Management & Research, Inc. or any linked site; errors, omissions or interruptions; deletion of files or email; defects, viruses, delays in operation or transmission or any failure of performance; communications failure; and theft, destruction, or unauthorized access to Fishback Management & Research, Inc.’s records, programs or services. You agree that this paragraph shall apply to all content, merchandise, and services available through the website. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitations may not apply to you in all instances.
- 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.
- 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.
- 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.
- 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 affected.
- 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:
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.
- 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.
- 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.
- 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.
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Use of Personal Information: Fishback Management and Research, Inc. will not rent, sell, or share your Personal Information with any unrelated third party except as described below. Fishback Management and Research, Inc. may use your Personal Information for the following purposes:
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* To improve our services;
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We provide Personal Information to trusted business partners that work on behalf of or with Fishback Management and Research, Inc. under confidentiality agreements. These companies may use your Personal Information to help Fishback Management and Research, Inc. communicate with you about offers from Fishback Management and Research, Inc. Our business partners will be required to use any Personal Information we provide them only for that purpose.
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Disclosures Required by Law and Investigations: We reserve the right to disclose your Personal Information in order to comply with any subpoenas, court orders or other legal processes, or to establish or exercise our legal rights or defend against legal claims. We reserve the right to use and disclose your Personal Information in order to investigate, prevent or take action regarding illegal activities, infringement of the intellectual property of Fishback Management and Research, Inc. or a third party, suspected fraud, situations involving potential threats to the physical safety of any person or violations of Fishback Management and Research, Inc. terms-of-use, or as otherwise required by law.
- SECURITY AND CONFIDENTIALITY OF PERSONAL INFORMATION:
Security and Passwords: To prevent unauthorized access, maintain data accuracy and ensure the correct use of Personal Information, we have put in place appropriate physical, electronic, and managerial procedures which we regard as appropriate to safeguard and secure the Personal Information we collect online. We use encryption technology to protect the security of the information collected and transmitted on our website. When our registration and order forms ask users to enter sensitive Personal Information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software currently available in the industry, which is known as SSL. In addition, your Fishback Management and Research, Inc. Account Information is password-protected for your protection. After a successful login, you can change your password at your discretion. Fishback Management and Research, Inc. recommend that you choose a password that would be difficult to guess, that you change your password periodically and that you keep your password secret (including by not allowing friends or family members to use your account and password). You acknowledge that you are responsible for selecting a password and maintaining its secrecy. Under no circumstances will Fishback Management and Research, Inc. be liable to you or any third party for your failure to maintain the secrecy of your password.
- No Liability for Acts of Third Parties: Although we will use reasonable efforts to safeguard the confidentiality of the Personal Information you submit, transmissions made by means of the Internet cannot be made absolutely secure. Fishback Management and Research, Inc. will have no liability for disclosure of information and data you submit to us due to errors in transmission, unauthorized acts of third parties or through the use of third-party cookies, programs, routines, viruses or other devices on your computer. Once you leave the Fishback Management and Research, Inc. site, including by clicking on links on our site, you will be subject to the privacy policies of third party website operators and other companies which may differ significantly from this policy. We encourage you to be aware of when you leave the Fishback Management and Research, Inc. site, and to read the privacy policies of each website that collects information from or about you.
Use of Testimonials, Success Stories, Comments, or Feedback: If we receive a testimonial, success story, comment, or feedback from you via email or written communication, at our discretion, we may display it on our site, including First Name, Last Initial, City, and State unless you explicitly state otherwise.
- Children: In order to register for the Fishback Management and Research, Inc. Service, you must be at least 18 years of age. No information may be submitted to us by persons under the age of 13 without the consent of a parent or legal guardian, nor may persons under the age of 13 undertake transactions or take other legal acts on this site without such consent, unless permitted by applicable law.
FMR reserves the right to refuse any subscription order.
For further information, please see the following: