Please read the following terms and conditions (“Terms of Use”) before using the Financial Research & Publishing, LLC (the “Firm”) website (the “Site”) and the publications that are offered via email or other format through the Site and by the Firm (the “Publications”).  Your access to and use of the Site and the Publications are subject to these Terms of Use and all applicable laws and regulations.  The Terms of Use constitute a legal agreement between you and the Firm.  The Site and the Publications are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Site and the Publications are not available to persons under age 18.  By accessing and using the Site and the Publications, you accept, without qualification, these Terms of Use.  If you do not approve and accept these Terms of Use without qualification, you should exit the Site immediately.

The Site and the Publications are for your personal and non-commercial use.  The Firm grants you a non-exclusive, non-transferable and limited personal license to access and use the Site and the Publications, conditioned on your continued compliance with these Terms of Use.  You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site and the Publications.  You may not link other websites to the Site without the Firm’s prior written permission.  You may print one hardcopy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all copyright, trademark and other proprietary notices are kept intact.  You may not allow others to use your user name or password to access or use any part of the Site or the Publications.  If your user name or password has been compromised for any reason, you should contact the Firm immediately for a new user name and password.  If you provide your user name or password to any third party, you will be solely responsible for any actions that such third party takes using that information.  All information on the password-restricted areas of the Site and in the Publications is confidential and private and may not be disclosed or distributed by you to any other person for any purpose and is made available solely for your personal use.  You are prohibited from using the Site or the Publications to advertise or perform any commercial solicitation.  You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of the Firm.  You may not take any action that imposes, or may impose, in the Firm’s sole discretion, an unreasonable or disproportionately large load on the Firm’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures the Firm may use to prevent or restrict access to the Site or the Publications.  The Firm reserves any rights not expressly granted herein.

The Firm is strictly a financial publisher.  The Firm is not, and is not registered as, an investment adviser, broker-dealer or other financial adviser or planner.  For example, the Firm and its officers, members, managers, employees and affiliates are not registered as investment advisers or broker-dealers with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. We recommend consulting with a registered investment advisor, broker-dealer, and/or financial advisor in connection with your use of the Site and the Publications.  Any consequences (including any losses) resulting from your investments are your sole responsibility (whether or not you choose to seek advice from any such advisor).

The Firm publishes information regarding stocks, options, futures, commodities, currencies or any other securities in which the Firm believes its subscribers may be interested and its reports reflect its sincere opinions.  The Site and the Publications do not and are not intended to provide any individualized investment advice.  The Firm will not and cannot offer personalized trading or investment advice and cannot request or consider your financial circumstances.  Therefore, you agree not to provide the Firm with any information about your financial situation, investment portfolio or other individual information, and further agree not to request any individualized investment advice.  In addition, if a subscriber chooses to engage in trading or investing that he or she does not fully understand, the Firm may not advise the subscriber on what to do to salvage a position gone wrong.  The Firm also will not address winning positions or personal trading or investing ideas with subscribers.  Therefore, subscribers will need to depend on their own mastery of the details of trading and investing to handle problematic situations that may arise, including the consultation of their own brokers and financial advisors as they deem appropriate.

Don't enter any trade without fully understanding the worst-case scenarios of that trade.  Trading securities like stock options can be extremely complicated, so make sure you understand these trades before entering into them.  For example, aggressive positions in options have a greater probability of losing, while less aggressive positions are less likely to yield substantial profits.  Similarly, far out-of-the-money options are unlikely to finish in the money, and options purchased close to their expiration dates are very high-risk and, thus, likely to win big or lose big very quickly.  Don't enter any trade without fully understanding the worst-case scenarios of that trade.

Profits can be lost if they are not taken at the right time.  Subscribers are advised to take profits at whatever point they deem optimal, regardless of the profit target set in any given recommendation.  Publications such as those we offer provide recommendations.  Subscribers are free to follow the recommendation, follow it in part, or ignore it altogether.  If a subscriber believes a given profit is at risk, the subscriber should take the profit.  Similarly, if a subscriber feels a position is likely to lose value, or a losing position is likely to fall further, the subscriber can choose to exit at any time to preserve capital. The final decision as to when to take profits remains in the sole discretion of the subscriber, keeping in mind that profits can be lost if they are not taken at the right time.

Neither the Firm nor any officer, member, manager, employees and affiliates thereof, will be liable to any subscriber, guest or anyone else for, among other things:

1. Any interruption, inaccuracy, error or omission, regardless of cause, in any information appearing on or furnished by the Firm or for any damages whatsoever allegedly caused thereby;

2. Any unavailability of use of the Site or the Publications, nor undelivered e-mails due to Internet bandwidth problems, equipment failure, or acts of God;

3. Any losses or damages whatsoever claimed to arise from investing or trading in stocks or ETF’s appearing on the Members Page or contained in any Publication; or

4. Any damages alleged to arise from the use of any trading or investment strategy described or contained on the Site or Publication.

The information, software and services published on this Site and in the Publications may include inaccuracies or typographical errors.  Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness and correct sequencing of such information, software and services.  The Firm does not guarantee the results obtained from their use or any persons creating or transmitting such information, software and services.  The Site and the Publications may be unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons.

The Firm and/or its suppliers make no representations about the suitability of the information, software, products and services on this Site and in the Publications for any purpose.  All such information, software, products and services are provided “as is” without warranty of any kind.  The Firm and/or its respective suppliers disclaim all warranties and conditions regarding this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability.  Because some states/jurisdictions do not allow the exclusion of implied warranties, the above exclusion may not apply to you.

Your use of the Site and the Publications is at your own risk.  You are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from downloading any content from the Site or the Publications.

The Firm and/or its suppliers shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to this Site or the Publications or with the delay or inability to use this Site, the Publications or any information, software, products or services obtained through this Site or the Publications, whether based on contract, tort, strict liability or otherwise, even if the Firm or any of its suppliers has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

The Firm and any person creating or transmitting the information on the Site and in the Publications shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information.  If you are dissatisfied with the information, products or services offered at the Site or in the Publications or with these Terms of Use, your sole and exclusive remedy is to discontinue use of and access to the Site and the Publications.

There is no guarantee past performance will be indicative of future results.  No assurance can be given that the information on the Site or in the Publications will be profitable or will not be subject to losses.  You assume the entire cost and risk of any trading you choose to undertake. Investing in stocks, bonds, options and other financial instruments involve risks and may not be suitable for everyone.

The performance results on the Site and in the Publications have not been compiled, reviewed or audited by an independent accountant.  The Firm believes that the performance shown on the Site and in the Publications was generated with an investment philosophy and methodology similar to that which the Firm expects to use in the future.  Future recommendations, however, will be made under different economic conditions and in different securities and may be made using different investment strategies than were used during the times discussed herein.  Furthermore, the performance discussed herein reflects investment of limited funds for a limited period of time and does not reflect performance in all economic or market cycles.  You should not assume that you will experience returns, if any, comparable to those described herein.

The Firm and its officers, directors, employees, agents or affiliates, will own, buy, sell or trade for their own accounts in securities appearing on the Members Page, elsewhere in the Site or in the Publications.  Such persons may, but will not in any event be obligated to, inform you of their trading activities, either before or after they occur.

The Site, the Publications and all of their content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of the Firm and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted.  All trademarks, service marks, trade names and other product and service names and logos displayed on the Site and in the Publications are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm.  If the Site or any Publication includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws.  Your use of any Content, whether owned by the Firm or any third party, without the Firm’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use.  Without limiting the foregoing, you are prohibited from using any of the Firm’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the Firm’s prior written permission.

As a condition to your use of the Site and the Publications, you represent and warrant to, and agree with the Firm that, all of the information that you provide is truthful, accurate and complete.  If the Firm collects any information from users of the Site or the Publications, the collection and use of such information is governed by the Website Privacy Policy [insert hyperlink] of the Firm, which you should read before providing any information to the Firm.

As a condition to your use of the Site and the Publications, you represent and warrant to, and agree with, the Firm that you will not use the Site or the Publications for any purpose that is unlawful or prohibited by these Terms of Use.

The Firm does not endorse or recommend the services of any brokerage firm. The brokerage firm you select is solely responsible for its services to you, the user.  The Firm shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the brokerage firm (commissions, fees and slippage).

References to any publication or any other company in the Site or the Publications are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies.  News stories reflect only the author’s opinion and not necessarily that of the Firm.

The Site or the Publications may contain hyperlinks to websites operated by parties other than the Firm, which may not have been screened or reviewed by the Firm and which may contain inaccurate, inappropriate or offensive material, products or services.  The Firm does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services.  Such hyperlinks are provided for your convenience only.  The Firm’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

The Firm reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice to you.  The Firm recommends that you check these Terms of Use periodically for changes.  These Terms of Use can be accessed from the link at the bottom of each page of the Site.  If you use the Site or the Publications after the Firm posts changes to these Terms of Use, you accept the changed Terms of Use.  The Firm expressly reserves the right to monitor any and all use of the Site and the Publications.

Payment for your subscription will be made on the date you subscribe.  PayPal will charge you credit card on that day.  The subscription term will commence on the date you subscribe and continue until terminated as provided below.  PayPal will automatically charge you credit card on the same day of each following month until your subscription is terminated as provided for below.

You may cancel your subscription at any time.  To cancel your subscription, you must send an email to the Firm and your subscription will be cancelled immediately.  Or, you can cancel your subscription from your PayPal account.  When you cancel your account yourself the Firm will receive a cancellation notification email from PayPal.  In the event of termination, the pro rata  portion of your subscription fee for the remainder of the subscription period will be refunded.  The Firm may terminate or discontinue this Site or the Publications, or your subscription, at any time and may limit enrollment for new subscriptions as it sees fit.

You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Site or any product or service related thereto, or any of your other acts or omissions.

These Terms of Use are governed by California law, without regard to its choice of law provisions.  You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City and County of San Francisco, California, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Software from the Site is further subject to United States export controls.  Software from the Site may not be downloaded or otherwise exported or reexported outside the United States.  By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Firm as a result of these Terms of Use or use of the Site or the Publications.

The Firm’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of the Firm’s right to comply with law enforcement requests or requirements relating to your use of the Site, the Publications or information provided to or gathered by the Firm regarding such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on the Site or in the Publications after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding and (c) you will use the information on the Site and in the Publications in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the same may be amended by the Firm online or otherwise from time to time.  A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use constitute the entire agreement between you and the Firm with respect to the Site and the Publications and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Firm regarding the Site and the Publications. 

You may obtain a paper copy of any information contained within these Terms of Use at any time by sending an email to info@frandp.com. We will not charge you a fee for the paper copy.