ACCEPTANCE OF TERMS:
The Web site located at: http://www.darvastrader.com (the “Site”) is owned and operated by Shamrock New Media, Inc. (“we”, “our” or “us”). By accessing and using the Site, its content and the services offered through the Site, including without limitation, content downloaded from the Site, products purchased from the Site and email correspondence to and from the site (“Services”), you acknowledge that you have read and agree to be bound by and comply with these Terms of Service (“Terms”) and any other terms and conditions posted on any individual page of the Site. If you do not agree with the terms, do not access and use the site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Please review these Terms periodically. Your continued use of the Site, its content and the Services offered through the Site constitutes your acceptance of any such revised Terms.
This Site, its content, and its Services is an unofficial and independently operated source of news and information. The information contained at this Site and through its Services is for news, entertainment and amusement purposes only. Any use of this information in violation of any federal, state and/or local laws is prohibited.
This Site, its content, and its Services should be used for general information purposes only. The information contained on this Site and/or distributed through its associated emails represent the general opinions of the author and is NOT intended as individual securities brokerage, investment, tax, accounting, business, financial, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund.
We are not an investment advisory service, a registered investment advisor, or a broker-dealer. We do not purport to tell or suggest which securities readers should buy or sell for themselves. We are not engaged in rendering legal, tax, investment, insurance, financial, accounting, or other professional advice or services. If the reader requires such advice or services, a competent professional should be consulted. Relevant laws vary from state to state. The strategies outlined on this Site may not be suitable for every individual, and are not guaranteed or warranted to produce any particular results.
This Site, and its Services are not associated with, endorsed by, affiliated with, or sponsored by any of the individuals written about on this Site or within the products offered by this site. The names and identifying characteristics of certain individuals referenced on this Site and within its Services may have been changed.
This Site , its content, and its Services contain statements and statistics believed to be reliable, but we can not guarantee the accuracy or completeness of any of the information contained on this Site or provided by our services.
No warranty is made with respect to the accuracy or completeness of the information contained herein.
You are solely responsible for your own financial and investment decisions and the results of those decisions. Trading and investing has large potential risks. You must be aware of the risks and be willing to accept them in order to invest in any market. We specifically disclaim any responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this this Site and Services.
Any opinions expressed on this Site are subject to change without notice. Shamrock New Media, Inc. and/or companies and individuals affiliated with the DarvasTrader.com site and/or its services (including Darrin Donnelly and any Shamrock New Media, Inc. owners, employees, subcontractors and writers) may hold positions in the securities and other financial instruments described on the DarvasTrader.com site and/or distributed through its associated emails that may be consistent or inconsistent with the commentary, data or other provided information.
The testimonials, earnings examples, and “success stories” used on this Site and included in content from the Site are exceptional results and do not apply to the average individual and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, experience, dedication, desire and motivation. As with any business endeavor or financial transaction, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money. These testimonials, earnings examples, and “success stories” have not been checked for accuracy, nor have we verified the claims made. These are not typical results. Trading involves a high level of risk and you could lose money.
Some of the earnings examples used on the Site and included in content from the Site may be based on hypothetical past performance and therefore may not be the actual results of any individual investor. Such total returns are typically compounded annually and are expressed before taxes and commissions. These are exceptional results and are not intended to represent or guarantee that anyone will achieve the same or similar results.
CFTC RULE 4.41:
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not 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 profit or losses similar to those shown.
If a third-party product or service is recommended, advertised, linked-to, or promoted at this website, you should assume that Shamrock New Media, Inc. has an affiliate relationship and/or another material connection to the providers of such products and services and may be compensated when you purchase from this provider.
DISCLAIMER OF WARRANTIES:
You expressly understand and agree that your use of this Site and its Services is at your sole risk. No warranty is made by Shamrock New Media, Inc. regarding any information, content, Services, or products provided through or in connection with this Site, and Shamrock New Media, Inc. hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or Services and any warranties of merchantability or fitness for a particular purpose. We make no warranties or representations, expressed or implied, that the information provided from the Site and through its Services will be free from error, omission, interruption, defect, or delay in operation. Any information from the Site or its Services is subject to change without notice, and we disclaim all responsibility for these changes, including, but not limited to, changes to prices, discounts, and hours of operation. Shamrock New Media, Inc. disclaims to the maximum extent permitted by law any and all such representations and warranties.
LIMITATION OF LIABILITY:
Your use of the Site and its Services and content is at your own risk. You expressly understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, consequential or exemplary damages including, but not limited to, damages for loss of profits, loss of savings, loss of revenue, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: the use or the inability to use the Site, its content or the Services; the advice given by the Site, its content or the Services; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site, its content or the Services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the site, the Services or in the content; or any other matter relating to the Site, the Services or the content. We reserve the right to alter the content of this Site or its Services in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
By using this Site, and/or its content and/or its Services, you agree to indemnify and hold harmless Shamrock New Media, Inc. and its subsidiaries, affiliates, directors, officers, agents, licensors, or other partners, authors and employees from and against all liabilities, claims, damages, losses and expenses arising out of or relating to your use of the Site and/or its content and/or its Services, violation of the these terms, or violation of the rights of any third party.
EXCLUSIONS AND LIMITATIONS:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You may not copy, redistribute, publish, retransmit, transfer, share, modify or create derivative works, or in any way commercially exploit, any content available on the Site or through its Services, in whole or in part, without the prior written consent of Shamrock New Media, Inc. You are not authorized to change or delete author attribution, trademark legends or copyright notices.
We are deeply committed to protecting the privacy of Internet users. We will protect your personal information. We do not collect any personally identifiable information about you when you visit this Site. Any information you provide us, including your email address, will never be traded, sold, given, or otherwise transferred by us to any person or entity.
All E-mails from this site contain the federally mandated, clearly defined opt-out link. Should you have a question regarding the removal of your e-mail address from any list, you can reach Customer Service at: email@example.com
You may receive emails from us if you make a purchase from this Site or another Shamrock New Media, Inc.-operated site, request information at this Site or another Shamrock New Media, Inc.-operated site or sign up on a site that we sponsor or advertise on, and/or request information from sponsors or advertisers on that site.
THIRD PARTY CONTENT:
This Site and its Services may contain content from other sources and/or content not provided by Shamrock New Media, Inc. We explicitly disclaim any responsibility for the accuracy, content, or availability of third party information provided through, in connection with or accessible through the Site and its Services and you understand and expressly agree that Shamrock New Media, Inc. assumes no responsibility or liability for third party content provided through, in connection with or accessible through the Site and its Services. We have not taken any steps to confirm the accuracy or reliability of any of the third party content provided through, in connection with or accessible through the Site and its Services. We do not make any representations or warranties as to the security of any information you might be requested to give any third party and you hereby irrevocably waive any claim against us with respect to third party content. We are not responsible for (a) errors or omissions in third party content provided through, in connection with or accessible through the Site and its Services, (b) offensive, objectionable or defamatory third party content provided through, in connection with or accessible through the Site and its Services, or (c) loss or damage of any kind incurred as a result of third party content provided through, in connection with or accessible through the Site and its Services. Any opinion, advice, statement or other information or content expressed or made available by third party content provided through, in connection with or accessible through the Site and its Services are those of the third party and are not endorsed by Shamrock New Media, Inc. Under no circumstances shall Shamrock New Media, Inc. or its affiliates be liable for any loss, damage or harm caused by your reliance on information obtained through the Site or its Services. It is your responsibility to evaluate the information, opinion, advice or other content available through the Site and its Services. You will bear responsibility for all risks associated with your use of any third party content provided through, in connection with or accessible through the Site and its Services.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of this Site and its Services and destroying all materials obtained from the Site and its Services and all related documentation and all copies and installations thereof, whether made under the terms of these Terms or otherwise. Your access to this site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms. You agree that Shamrock New Media, Inc. shall not be liable to you or any third party for any termination of your access to the Site and/or its Services.
These Terms were updated on July 12, 2011.