Terms of Service
Dave Farber or Moniology (“Company”) is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities customers should buy or sell for themselves. The analysts and employees or affiliates of Company may hold positions in the stocks or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Company’s website, or in its publications, are made as of the date stated and are subject to change without notice.
It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company’s products (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company’s website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
THE MATERIALS PRESENTED BY DAVE FARBER & MONIOLOGY ARE DESIGNED TO PROVIDE ACCURATE INFORMATION ALTHOUGH THERE MAY BE FACTUAL AND TYPOGRAPHICAL ERRORS: IT SHOULD IN NO WAY BE CONSTRUED AS A REPLACEMENT FOR QUALIFIED, PROFESSIONAL ADVICE. MONIOLOGY AND/OR IT’S SUBSIDIARIES, AFFILIATES, AND REPRESENTATIVES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE. ALL INFORMATION PROVIDED IS SOLELY FOR EDUCATIONAL PURPOSES, AND YOU ARE ENCOURAGED TO SEEK INDEPENDENT ADVICE FROM A COMPETENT PROFESSIONAL PERSON IF LEGAL, FINANCIAL, TAX, OR OTHER EXPERT IF ASSISTANCE IS REQUIRED.
DAVE FARBER AND OTHER POSTERS MAY HAVE POSITIONS IN THE STOCKS MENTIONED, WHICH MAY CHANGE AT ANY TIME, NONE OF THIS IS AN OFFER TO BUY OR SELL ANY SECURITY. THE RISK OF LOSS IN STOCK MARKET TRADING AND/OR OPTION TRADING CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES WHEN DECIDING WHETHER SUCH FORMS OF TRADING ARE SUITABLE FOR YOU.
MONIOLOGY SPECIFICALLY DISCLAIMS ANY PERSONAL LIABILITY, LOSS OR RISK INCURRED AS A CONSEQUENCE OF THE USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY INFORMATION PRESENTED BY MONIOLOGY, THROUGH CLASSES, WEB SITES, WRITTEN MATERIALS, AND ANY OTHER FORM, TRANSMITTED VIA ANY MEDIUM.
In considering whether to trade, you should be aware of the following points:
The national securities markets are extremely efficient and competitive. Successful trading typically requires skill and discipline as well as experience and knowledge of the capital markets. There is no guarantee that you will be successful in implementing your investment strategy. A substantial number of traders will not be successful. Moreover, changes in market structure and competitive conditions also may affect your continued success. Only risk capital should be used for trading. Market structure and competitive changes in the markets may cause formerly successful traders to become less successful. Trading can involve a volume of activity. Each trade generates a commission and the total commissions on such trading can be in excess of any earnings. Persons who are new to trading should strictly limit both the number of trades they do and the size of their trades to reduce the risk of large dollar losses during the learning process. Trading activity may result in losses that can exceed 100% of your initial capital. You are solely responsible for any losses in your account. Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders. Similarly, using “market orders” can be very risky, since large gaps can occur in price movements of active stocks. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a stock suddenly drops, or if trading is halted due to recent news events or unusual trading activity. The more volatile a stock is, the greater the likelihood that problems may be encountered in executing a transaction. In addition to normal market risks, you may experience losses due to system failures. The firm and its clearing broker rely upon sophisticated computer software and hardware to execute transactions, which are subject to failure due to a variety of factors. Among other events, you may experience losses due to: system crashes during both peak and low volume periods; the loss of orders and, delayed, conflicting and inaccurate confirmations on orders or cancellations that you initiate. The use of any margin or leverage in an account can work against you as well as for you. Leverage can lead to large losses as well as gains. You may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position, and you may incur losses beyond your initial investment. If the market moves against your position, you may be called upon to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the time required, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account. You should consult your broker concerning the nature of the protections available to safeguard funds or property deposited in your account.
ALL OF THE POINTS NOTED ABOVE APPLY TO BOTH STOCK AND OPTION TRADING OF DOMESTIC EQUITY SECURITIES. THE RISK OF DAY TRADING AND/OR OPTION TRADING MAY BE SUBSTANTIAL. THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF TRADING. ONLY RISK CAPITAL SHOULD BE USED FOR TRADING.
Moniology’ Content and online support services are designed to create a forum which can help readers for educational purposes only. This information is provided by our staff, other contributors, and subscribers, many of whom use anonymous screen names and are people we may not know.
As such, we recognize that people sometimes post messages or make statements in our chat rooms that are misleading, deceptive, or downright wrong. They may do this unintentionally or, sad to say, intentionally. The U.S. Securities and Exchange Commission recognizes this and has published information on various Cyberfraud that they have seen. The NASDR has provided its own insights into how to invest carefully in this new, electronic world and NASAA also provides tips on how not to fall prey to online investment schemes. The SEC, NASDR and the NASAA maintain outstanding Web sites at http://www.sec.gov and http://www.nasdr.com, and http://www.nasaa.org respectively.
Content is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services found on/through Moniology’s web site. This includes, but is in no way limited to message boards, chat, and other original Content. By accepting this agreement, you agree that all Content located at Moniology’s web sites are the sole property of Moniology and may not be reproduced without prior written consent of Moniology. All Content herein is protected under US and international copyright laws and is intended for the personal use only of the registered member. You may not: modify, publish, retransmit, participate in the transfer or sale of, further copy, create derivative works from, distribute, perform, or display, any of the Content in any way, except that you may make one copy for your personal use.
Moniology provides information, commentary, and entertainment on a broad range of topics. You agree that under no circumstances, and in no event, shall Moniology be liable for direct, indirect, or incidental damages resulting from your use of that information, commentary, or entertainment. You agree to indemnify Moniology and all its employees and hold it harmless from any actions, claims, proceedings, or liabilities arising from your use of the Content.
You agree that Moniology shall have an unlimited license to republish anything that you post anywhere on our Web site. Moniology shall only republish such posts in context.
You agree to use Moniology’s web site, content and services for lawful purposes only. You may not:
Transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory; Post or transmit any matter that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (as in nondisclosure agreements); Harass or threaten any member of Moniology or other entity, or any individual; Post, transmit, promote, link to, or facilitate the distribution of sexually explicit Content; Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity Post, transmit, or facilitate the transmission of statements that are intentionally false or misleading, or use such statements to manipulate the market for any security; Post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; Post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation; Offer, sell, or purchase any registered or unregistered security; Intentionally violate any applicable local, state, national, international or foreign law, including regulations promulgated by such governmental entities as the U.S. Securities and Exchange Commission. Intentionally violate the applicable rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ.
It is Moniology’s policy to take reasonable measures to respect the privacy of our users. Moniology will take reasonable measures not to disclose information about you or the contents of your communications, other than Content that is publicly available or accessible via our Web site, Content and/or services. However, Moniology reserves the right to disclose any/all information it may possess about any user (including identifying information) if such action is reasonably necessary: (a) to comply with the law; (b) to comply with a legal process; (c) to enforce the terms and conditions described herein; (d) to respond to claims that any Content violates the rights of third parties; or (e) to protect the interests of our users or others.
You agree that you will be held responsible for any and all statements made and acts or omissions that occur through the use of your membership and password. Please don’t ever disclose your password. You agree that Moniology may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions – and that in such an event you will not be entitled to receive a refund for any unused portion of your subscription.
While Moniology reviews all transmissions by users in the forum, you acknowledge that Moniology reserves the right to, and may from time to time, monitor any and all information transmitted or received through Moniology’s web site, Content or services. Moniology , at its sole discretion and without further notice to you, may review, remove or prohibit the transmission or receipt of any information (including posts to chat rooms or message boards) which Moniology deems inappropriate or that violates any term or condition of this agreement. You agree to indemnify, defend and hold harmless Moniology from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorney’s fees) as a result of any violation by you of your obligations under this agreement.
Disclaimer of Warranties and Liability
Moniology cannot and does not warrant the completeness, reliability, availability, usefulness, or content of the information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. Further, you agree that Moniology shall not be held liable to anyone for any loss or injury resulting from the direct or indirect use of Moniology’s web site, Content or services. This includes, but is not limited to, loss or injury caused in whole or in part by its negligence or by contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering any portion of Moniology’s web site, Content or services.
All Content and/or services are provided “as is” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, services, uninterrupted access, or products or services provided through or in connection with Moniology’s web site. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
You agree that you bear responsibility for your own investment research and investment decisions, and that Moniology shall not be liable for any decision made or action taken by you or others based upon reliance on news, information, or any material published by Moniology. All information provided on Moniology’s web site, Content and services is to be used on an “as is, with all faults” basis. Moniology relies on various sources of information that we believe to be accurate and reliable. However, Moniology makes no claims or representations with regard to the accuracy, completeness, or truth of any material contained herein.
Neither any of the information, nor any opinion expressed anywhere in Moniology’s web site, Content or services constitutes a solicitation or recommendation to purchase or sell a security, or an option on a security, or to provide investment/financial advice. Always verify information with your stockbroker or financial advisor before making a trade or acting on such information. We will not be liable for any errors or delays in the Content or any action taken based thereon.
Neither Moniology nor any of its employees, agents, successors, assigns, affiliates, or Content or service providers shall be liable to you or other third parties for any direct, indirect, incidental, special, or consequential damages arising out of the use of Content or services or the inability to gain access to or use the Content or services.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the state of California (except with respect to choice of law), as if the Agreement were a contract wholly entered into and wholly performed within the state of California.