Your use of our website signifies your agreement to these Terms and Conditions of Use. By using our site, you are deemed to have read these Terms and Conditions of Use and to have accepted them. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SITE. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use our site.
We are Publishers.
We publish information about companies in which we believe our readers may be interested. Neither TippingPointStocks.com nor its owner, Soundview Publishing LLC ("Soundview"), is an investment adviser, nor are we registered with the SEC.* The information contained on our site is provided for general informational purposes, as a convenience to the customers of Tipping Point Stocks.com and Soundview. Neither TippingPointStocks.com nor Soundview is engaged in rendering any legal or professional services. The information that we provide or that is derived from our website or newsletters should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from a professional investment advisor and to make independent investigations before acting on the information that you obtain from us or derive from our website or newsletters. Only you can determine what level of risk is appropriate for you. We do not in any way warrant or guarantee the success of any action you take in reliance on the statements found on our website or newsletters. Our publications are not to be confused with individualized investment advice.
No Guarantee of Performance.
We publish information about companies in which we believe our readers may be interested. Investments in the securities markets are speculative and involve substantial risk.
Most of the information on our website or that we otherwise provide is derived directly from information published by the companies on which we report or from other sources we believe are reliable, without our independent verification. Therefore, we cannot assure you that the information is accurate or complete. The information may contain discussions of, or provide access to, certain positions and recommendations as of a specific date. Due to various factors, including, but not limited to, changing market conditions, such discussions, positions, and recommendations may no longer be reflective of current discussions, positions, or recommendations.
Performance figures are based on actual recommendations made by Soundview Publishing, LLC. Due to the time critical nature of stock trading, brokerage fees, and the activity of other subscribers, TippingPointStocks.com and Soundview cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades that subscribers could enter based on our tracking guidelines. Past results are not necessarily indicative of future performance. Therefore, no subscriber or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels. As with any investment in securities, you may lose money.
We encourage our readers to invest carefully and, in addition to obtaining personal advice from your personal investment advisor, to utilize the information available at the web sites of the Securities and Exchange Commission at http://www.sec.gov/ and the National Association of Securities Dealers at http://www.nasd.com/. You can review public companies' filings at the SEC's EDGAR page. The NASD has published information on how to invest carefully at its web site
Disclosures.
Our personnel may own positions or trade in the securities mentioned in the information that we provide. However, Soundview's policies prohibit all employees and agents of Soundview from engaging in any securities transaction that directly or indirectly competes with the interests of our subscribers that are actually known to Soundview. We are not compensated in any way for publishing information about companies mentioned in our reports.
Publications by TippingPointStocks.com and Soundview contain references to publicly traded companies. We have no affiliation with these companies and do not benefit in any manner from related recommendations in our publications.
Neither TippingPointStocks.com nor Soundview Publishing, LLC is affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. Soundview Publishing, LLC is not and will not be responsible for any trades made by a broker on the subscriber's behalf under any circumstances.
Links.
We offer the links on our website to other websites as a matter of convenience, and the links are in no way meant to imply that Soundview (a) endorses, sponsors, promotes, or is affiliated with the owners of or participants in those sites, or (b) endorses or warrants any information contained on those sites, unless expressly stated. Furthermore, Soundview does not endorse, guarantee, or warrant any third party products advertised on its site, in its newsletters, in any third party rental of its permission-based lists, or otherwise referenced in any information provided by Soundview or derived from TippingPointStock.com, Soundview's website. Soundview expressly disclaims any responsibility and accepts no liability with respect to such information and products. Soundview may receive a fee from a service provider that has a link on TippingPointStocks.com.
DISCLAIMERS AND LIMITATION ON LIABILITY
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IN NO EVENT SHALL ANY SOUNDVIEW PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, (a) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, AND (b) ANY TYPE OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES), EVEN IF YOU ADVISE THE SOUNDVIEW PARTY OF THE POSSIBILITY OF SUCH DAMAGES; AND (c) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND OUR CONTROL, AND (d) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING ANY CONTENT.
TO THE EXTENT THAT WE HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, CIVIL PENALTIES, OR OTHERWISE, SHALL BE LIMITED IN THE AGGREGATE TO YOUR DIRECT AND ACTUAL DAMAGES NOT TO EXCEED THE FEES YOU PAY US.
FOLLOW THIS LINK TO VIEW THE TERMS AND CONDITIONS APPLICABLE TO THE DOW JONES PORTION OF OUR WEB SITE QUOTE SERVICE: http://www.djindexes.com/mdsidx/html/tandc/indexestandcs.html.
GOVERNING LAW; SUBMISSION TO JURISDICTION; LIMITATIONS
THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY, AND ALL OTHER ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND US SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO SUCH STATE'S CONFLICTS OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY DISPUTE YOU HAVE WITH US OR ANY OTHER SOUNDVIEW PARTY SHALL BE IN A STATE OR SUPERIOR COURT IN FULTON COUNTY, GEORGIA, OR THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, DEPENDING ON WHICH COURT HAS SUBJECT MATTER JURISDICTION. YOU HEREBY WAIVE ALL OBJECTIONS TO JURISDICTION AND VENUE IN SUCH COURTS, INCLUDING THOSE BASED ON FORUM NON CONVENIENS. ANY CAUSE OF ACTION YOU MAY HAVE RELATING TO OUR WEBSITE CONTENT OR YOUR USE OF OUR SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. A waiver must be in writing, and no waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR SERVICE AGREEMENT WITH A SUBSCRIBER, THESE TERMS AND CONDITIONS OF USE, TOGETHER WITH THE PRIVACY POLICY (WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE AND FORM A SUBSTANTIVE PART OF THIS AGREEMENT) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US REGARDING OUR WEBSITE CONTENT AND YOUR USE OF THIS WEBSITE AND ITS CONTENT.
Changes to Terms and Conditions of Use
These Terms and Conditions of Use will change from time to time. All changes to the Terms and Conditions of Use will be effective when posted, and your continued use of our site or services after the posting will constitute your acceptance of, and agreement to be bound by, those changes. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but it is your responsibility to check our web site frequently to review these Terms and Conditions of Use.
Violations of Terms and Conditions of Use
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including the self-help right to block your access to our websites if you fail to comply with these Terms and Conditions of Use. All remedies created hereunder or otherwise existing at law or in equity are cumulative, and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. All such rights and remedies may be exercised and enforced concurrently and whenever and as often as Soundview deems necessary.
Use of Materials
You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others, nor may you copy the information on your own server, nor link to this website, without prior written permission of Soundview Publishing, LLC. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: (a) the below copyright and trademark notice and this permission notice appear in all copies; (b) use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; (c) no documents or related graphics, including logos, available from this website are modified in any way; and (d) no graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Translations
Notwithstanding anything in these Terms and Conditions of Use to the contrary, you may not translate our site or any part of it into another language.
Notices
Copyright 2008 Soundview Publishing, LLC. All rights reserved. Tipping Point Stocks, Right Stocks. Right Time. , TippingPointStocks.com, and all associated logos and designs are trademarks of Soundview Publishing, LLC. Other trademarks and service marks that may be referred to herein are the property of their respective owners.
* We rely upon the "publishers' exclusion" exception to the definition of "investment adviser" under Section 202(a)(11) of the Investment Advisers Act of 1940, as amended, the regulations thereunder, applicable case law, and any corresponding state securities laws. As such, we do not offer or provide personalized advice. The information that we provide or that is derived from our website or newsletters is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our website and the information provided by us should not be construed by any subscriber or prospective subscriber as our solicitation to effect, or attempt to effect, any transaction in a security.
Revised 3/14/08