Disclaimer: The Bastiat Group, Inc., the holding company for ToniHansen.com, Swingtrader.net and TradingFromMainStreet.com does not make solicitations, recommendations or offers to buy or sell any security or investment. The Bastiat Group, Inc. does not advocate the purchase or sale of any security or investment. The information provided by The Bastiat Group, Inc. should not be construed as investment, financial, tax or legal advice. The Bastiat Group, Inc. is not a registered investment advisor, commodity trading advisor, broker or broker dealer. Trading in securities may not be suitable for all individuals. The Bastiat Group, Inc. and its members, employees, agents, consultants, analysts, representatives, content and/or service providers, affiliates, subsidiaries, successors and assigns (hereinafter collectively, “The Bastiat Indemnities") assume no responsibility or liability for your trading and investment results. Prior to the execution of any securities trade, you should always consult with your broker or other financial advisor. There is a very high degree of risk involved in trading securities. Past results are not indicative of future returns.
Charts displayed on this website are provided by Townsend Analytics, Ltd.
Copyright 2007 © Townsend Analytics, Ltd. All rights reserved. RealTick is a registered trademark of Townsend Analytics, Ltd.
The software, data and services ("Services") described herein are provided without any express or implied warranties including, without limitation, any warranties as to accuracy, functionality, performance, or merchantability. Townsend Analytics makes no representation, warranty or covenant concerning the accuracy, completeness, sequence, timeliness or availability of the Services or the likelihood of profitable trading using the Services. The user assumes the entire risk of using the Services and accepts full responsibility for any investment decisions or stock transactions made by the user using the Services. Townsend Analytics shall have no liability for any loss or expense whatsoever relating to the accuracy of the information furnished herein or for the use thereof or for omissions therein. Townsend Analytics is not a broker dealer and does not provide any investment advice, does not execute, accept or direct any trades for or on behalf of any person or entity, does not provide any clearing services, does not providing any trade or order confirmation, and does not provide any services which require licensing or registration with the NASD, SEC or any other regulatory body or exchange. This presentation is subject to change without notice
responsibilities. Please read carefully.
1. Scope of Agreement
Under this Agreement ("Agreement"), The Bastiat Group, Inc. (“Toni Hansen”, “ToniHansen.com”, “Swingtrader.net”, "Trading From Main Street", "TradingFromMainStreet.com", "we", "our" or "us") makes available on-line financial information and services (the "Service") to registered subscribers, members or authorized users ("you", "your", "trialer", "member" or "subscriber"). By utilizing information published and/or distributed by The Bastiat Group, Inc. or any of its affiliated sites you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
This is the entire agreement between you and us, superseding prior agreements regarding its subject matter. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, software or other services. We may change this Agreement at any time will be published on this page. Changes will take effect 30 days after publication.. If any change is not acceptable, you may terminate your subscription as described below, but using the Service after the effective date means you accept the changes.
2. No Liability:
A. The Bastiat Group, Inc. is designed to provide information in regard to scalping, daytrading, swingtrading and investing in the securities markets and makes no warranties or guarantees to the content or accuracy of any information presented on behalf of the Bastiat Group, Inc. All publications by the Bastiat Group, Inc. are for educational purposes only and should not be construed as recommendations to initiate action in the securities discussed.
B. The Service is marketed with the understanding that the principles of Bastiat Group, Inc. are not engaged in rendering legal, accounting, or other professional service. The information and commentaries are not meant to be an endorsement or offering of any stock purchase. They are meant to be a guide only, which must be tempered by the investment experience and independent decision making process of the subscriber and trial member. The Bastiat Group, Inc. any employees are in no way liable for the use of the information by others in investing or trading in investment vehicles utilizing the principles disclosed herein. Bastiat Group, Inc. or any of its employees do not represent themselves as acting in the position of an investment advisor or investment manager for the use of the information in this service. It is further understood that before the member utilizes the techniques suggested by this service, the member should consult a professional stock broker or competent financial advisor. The past results of any trading or investment system are not necessarily indicative of future performance.
3. Subscription Policy:
You will provide us with accurate and complete registration information and advise us promptly of any changes. If you don't, you will be in breach of this Agreement allowing us to immediately terminate any or all of the Services. When you register for subscription, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone's rights or one, in our sole discretion, we consider offensive, improper or inappropriate. If you do, we can modify or delete it.
4. Charges and Billing Practices:
A. Payment: Payment for Services is due and automatically billed upon completion of your registration for the Services. Services are billed on your sign up date every month, quarter, or year for recurring subscriptions and are billed as a one-time fee for non-recurring services at the time you subscribe to the Service.
B. Cancellation: You can terminate your subscription at any time by contacting us directly. A confirmation email will be sent to you. Please keep a copy of this record as verification of your cancellation. If you do not receive verification of your cancellation request, contact our customer support immediately! All termination requests must be made at least three days prior to your next billing to allow for your cancellation to be processed. If you decide to cancel your Services after three days prior to your next billing or after the start of your next month's billing cycle, you will not be entitled to a refund. We do not offer pro-rates or refunds for recurring subscriptions. Termination will take effect at the end of the current billing cycle. Any delinquent or unpaid amounts must be paid in full before you may re-register or re-subscribe to our Service. If your right to use the Service terminates, you may not use the Service without our express permission. You may not allow anyone else whose subscription was terminated to use the Service through your subscription, user name or password.
C. Security: You are responsible for all use, activities and charges associated with or arising from your subscription and use of the Service, including any unauthorized charges or use under your subscription, user name and/or password.
D. Liability: You will be liable for attorneys' and collection fees if we have to collect unpaid amounts you owe us. If you do not notify us of discrepancies within 90 days after they first appear on any statement we send you, you will be considered to have accepted the amounts due to be correct. We may refer to such acceptance if we receive any inquiries from you or relating to your account, any judicial, regulatory or governmental authority or anyone else. You release us from all liability and claims of loss resulting from any error or discrepancy that is not reported to us within 90 days of our sending a statement to you or from when we otherwise give you notice, whichever is sooner.
E. Fee and Billing Changes: We reserve the right, at any time and from time to time, to change our subscription fees and billing methods or separate charges for information, material (defined below) or services. Such changes will not affect services of a recurring nature as long as the subscriber remains active. An active subscriber is one who has not canceled the service.
F. Billing and Refund Policy: Unless otherwise stated, the service is billed on a recurring basis in advance in accordance with the package activated, whether it be monthly, quarterly, or yearly. Refunds are not offered for monthly memberships and refunds on quarterly and yearly memberships are processed at the regular monthly rate and if any fees remain, they will be reimbursed. We do not offer pro-rates.
5. Rights and Responsibilities:
A. Use of Materials: The Service presents information, data, content, news, reports, programs and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as "Materials." Materials can be furnished, made available and/or accessible from one party to another and they can be perceived either directly or with the aid of a machine, program or device and can be owned by us, provided through an arrangement we have with others or which may be accessed through use of the Service. You have no rights in or to the Material and you will not use Material, except as permitted under this Agreement. You will not violate our rights, the rights of any third party or any laws and regulations. Unless we give you written permission, you may only use and access, download and copy our Material (and print out one copy) for your personal use, keeping all our copyright and other notices on the Material. You may not do or allow anyone else to do anything with the Material which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying third-party Material.
B. Use of Your Subscription(s): You may not use or allow others to use, your subscription, user name, password or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any material or information through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another; or (c) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity or conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, completeness, currentness or usefulness of any Material in connection with your subscription, user name or password. Although we do not pre-screen, we reserve the unconditional right to remove Material we consider harmful, offensive, in violation of law, regulation or any agreement. You also may not, nor allow others to use, your subscription, user name, password or the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any Material; (b) act in a way that affects or reflects negatively on us, the Service, or any other; (c) transmit or communicate any advertising, promotion or solicitation; (vi) collect or attempt to collect any information of others, including passwords, account or other information.
6. Personal and Statistical Information:
A. Personal Information: "Personal information" means any information relating to your subscription and use of the Service and which specifically identifies you or your account. We may store and use your personal information for our own internal purposes and we reserve the right to access, monitor and retrieve password-protected information for compliance with this Agreement. We will not disclose your personal information, except as described in this Agreement, nor will we disclose information to others that would connect your user name with your actual name unless we are compelled by law. In our sole discretion, we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
B. Statistical Information: We sometimes aggregate information about our subscribers and you agree we can make such statistical information available to others, as long as we don't identify you.
7. Limited Liability and Warranty:
You are entirely liable for activities conducted by you or anyone else in connection with your subscription and use of the Service. You must keep your user name and password secret and not disclose it to others. You may not allow others to use the Service, your subscription, user name or password. If you do, you: (i) assume all responsibility and liability associated with such use; and (ii) indemnify and hold us harmless for any such use.
We do not warrant the accuracy, completeness, currentness or other characteristics of any Material available on or through our Service. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Neither we, nor our suppliers, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Services, Material, content, information, goods or services.
YOUR ACCESS TO AND USE OF OUR SERVICE, IS AT YOUR SOLE RISK AND ARE PROVIDED "AS IS," "AS AVAILABLE." THE SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action and then corresponding indemnification obligation will end.
We or you can terminate your subscription at any time by contacting our customer services department. Termination is your sole right and exclusive remedy if you are not satisfied with our Service. We do not offer pro-rates or refunds for monthly subscriptions. If you request a refund on a quarterly or yearly subscription, your subscription will be processed according to the regular monthly billing rate and if funds remain they will be sent to your registered billing address via mail. We can terminate this Agreement, restrict or terminate your access to and use of the Service immediately and without notice or liability, if you breach this Agreement in any way, and it will not limit any other rights available to us.
10. Governing Law and Interpretation:
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The laws of the State of Iowa, excluding its conflicts-of-law rules, govern this Agreement, your subscription and use of our Service. You must comply with all laws, regulations, obligations and restrictions which apply to you. You agree that the courts of the State of Iowa have exclusive jurisdiction for any claim, action or dispute under this Agreement. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Iowa. This Agreement may not be modified, except in writing signed by an authorized officer of The Bastiat Group, Inc. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
11. Code of Conduct:
As a condition of your use of the Service, you warrant to the Bastiat Group, Inc. that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
This Non-Disclosure Agreement (hereinafter "Agreement") effective Feb. 1, 1998 by and between The Bastiat Group, Inc. (also referred to as “Trading From Main Street”, “Toni Hansen”, “ToniHansen.com”, “Swingtrader.net” or “TradingFromMainStreet.com”), whose websites resides at http://www.tradingfrommainstreet.com, http://www.tonihansen.com, and http://www.swingtrader.net (hereinafter the “Company”), and an individual, (hereinafter the “Recipient”) is entered into to provide for the confidentiality, protection and handling of Proprietary Information and Systems provided by the Company to the Recipient.
WHEREAS, the Company will extend certain proprietary and confidential information related to trading systems and information developed by the Company (hereinafter "Proprietary Information") to the Recipient.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Maintenance and Limited Disclosure of Proprietary Information
A. The Company has developed certain information, some of which it considers to be confidential and proprietary information not publicly announced or disclosed, that relates to Proprietary trading systems.
Company agrees to make a limited disclosure of this information to the Recipient solely for the purpose of betterment of the Recipient’s personal trading.
B. The Company may provide Proprietary Information in writing or orally during discussions. All Proprietary Information shall be identified as confidential when disclosed. If Proprietary Information is provided orally, the Company will confirm the confidential nature of such information in writing or other tangible medium of expression within thirty (30) days after disclosure. The Recipient will receive and use such Proprietary Information solely for betterment of the Recipient’s own personal trading and/or investing.
C. During and for a period of 5 years from the date of disclosure, the Recipient will treat such Proprietary Information received from the Company as confidential and not disclose such Proprietary Information to others unless written consent is otherwise granted by the Company.
D. Nothing contained herein shall in any way restrict or impair the Recipient’s right to use or disclose the Company’s Proprietary Information which:
a. at the time of disclosure is generally available to the public, or thereafter becomes generally available to the public through no breach of this Agreement by the receiving party; or
b. was in the receiving party's possession prior to the time of disclosure and was not from the disclosing party; or
c. is independently developed by the receiving party without the use of Proprietary Information of the disclosing party; or
d. is received by the receiving party from a third party without knowledge of origination in disclosing party or an obligation of confidence; or
e. is required to be disclosed by law or court order.
The Party seeking to establish such an exception has the burden of proving it with written documentation.
A. Access to all Proprietary Information shall be restricted to the individual Recipient.
B. Reasonable care shall be taken by the Recipient to protect the Proprietary Information.
3. Limitation of Rights
A. Nothing herein shall be construed to grant to the Recipient any rights under any intellectual property, including, but not limited to, patents, trademarks, copyrights, or other proprietary information in respect of the Proprietary Information.
B. No furnishing of Proprietary Information and no obligation hereunder shall obligate either party to enter into any further Agreement or negotiation with the other, or to refrain from entering into an agreement or negotiation with any other party which does not breach any of its obligations under this Agreement.
A. This Agreement shall remain in effect for a period of 5 years from the date of full execution hereof unless earlier terminated by mutual agreement of the parties.
B. All copies, regardless of the medium, evidencing any and all disclosed Proprietary Information shall be returned by the Recipient to the Company upon written request by the Company.
5. Continuation of Confidential Obligations
The obligations of Paragraphs 1-4, except as otherwise provided in Paragraphs 1.C and 1.D, shall remain in effect and bind the heirs, successors, assignees, and legal representatives of each party to this Agreement for a period of five 5 years after the expiration or termination of this Agreement.
6. Disputes and Arbitration
The parties agree that any disputes or questions arising under this Agreement, including the construction and application of this Agreement, shall be settled in a court of law with proper jurisdiction being Iowa.
A. This Agreement constitutes the entire agreement between the parties, superseding any and all prior or contemporaneous oral or written representations, communications, understandings or agreements with regard to the subject matter hereof.
B. Any and all modifications or amendments to the Agreement must be in writing and agreed to by both parties.
C. This Agreement is governed by and construed in accordance with the laws of the State of Iowa.
D. Acceptance of this agreement by the Recipient shall be deemed to be binding.