Trade Alerts Terms Of Service Agreement
Trade Alerts Terms Of Service Agreement
Please Read Agreement Carefully: This Agreement governs the use of the Trade Alerts service that is available by Brockman Capital Management, LLC ((the “Company,” “we,” or “us”) through its website at https://www.brockmancapital.com (the “Website”). This Agreement represents the whole agreement and understanding between us and you, the person that accesses or uses the information.
Scope of Service: Trade Alerts is an educational service offered by Brockman Capital Management, LLC that includes text or email notifications of trades placed in our proprietary and trademarked strategies: Stock PRO, Options PRO, Index PRO, Day Trade, Mashups and Moonshots. Trade Alerts include buy/sell prices and quantities on individual securities, options strategies and index funds as well as market commentary and insight into market moving events. Advisor is a fiduciary, which means the investment advisor has an overarching duty to act in clients’ best interests, as well as the affirmative duties of care and loyalty.
For Educational and Informational Purposes Only: Trade Alerts are for educational and informational purposes only and are solely to be used as a resource to help educate and inform you of your own investment decisions. Accordingly, you should not rely on our Trade Alerts in making any investment decision.
Not Legal or Financial Advice: Brockman Capital Management, LLC is a registered financial advisor and offers a wide range of services. However, Trade Alerts does not constitute financial advice. You acknowledge and agree that the information sent to you via Trade Alerts is not intended to be a substitute for the legal, accounting, financial investing or other professional advice that can be provided by your own professional advisors.
Personal Responsibility: You acknowledge that you are voluntarily using Trade Alerts and that you are solely and personally responsible for 100% of your own decisions, trades and investments now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any Trade Alerts you receive and you agree to use your own judgment and due diligence in connection with your use of any information sent to you.
No Guarantees: You acknowledge and agree that Trade Alerts does not offer any promises or guarantees of success or profitability now or in the future.
Options Trading: The risk of loss in trading options and other securities can be substantial. Consider all relevant risk factors, including your own personal financial situation, before engaging in any options trading. The possibility exists that you could sustain a substantial loss which could total more than your initial investment in a short period of time. Options are widely considered a volatile investment class, and are priced according to complex factors involving (among other factors) price, the volatility of the underlying asset, time until expiration, and interest rates. By their nature, therefore, options involve a high degree of financial risk and are not suitable for every investor. Please read the Characteristics and Risks of Standardized Options available here: https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document
Taxes: The trading of stocks and options can impose tax burdens and tax filing obligations on participants. Such considerations are complex and highly personal. You are urged to consult with your tax advisors with respect to your tax situation and the effect of engaging in regular trading.
No Assurance of Investment Return: The Company cannot provide assurance that you will be able to choose, make and realize trades in options in any particular company or portfolio of companies. There is no assurance that you will be able to generate returns or that the returns will be commensurate with the risks of investing in options generally, or that you will receive a return of its capital. Neither the Company nor any Company Person has made any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your accessing Trade Alerts. The Company cannot and does not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through your access of or use of the Information (including, without any limitation, any Information provided by the Company)..
Arbitration: This Agreement requires the use of arbitration, rather than a trial by jury or a bench trial, to resolve disputes arising under or in connection with this Agreement, the Information and the Website. This may limit the remedies available to you in the event of a dispute. You fully understand and agree that by accessing or using the Information and the Website (including, without limitation, by enrolling in, purchasing and/or using any of the Information) that you are thereby voluntarily waiving certain legal rights.
Custodian. Client chooses their own custodian and the Company does not custody client funds at any time for the Trade Alerts service.
Execution of Brokerage Transactions. The Company will not execute any brokerage transactions on behalf of clients for the Trade Alerts service.
Other Fees: Advisor does not receive any commissions from or on behalf of client or AUM/Advisory fees.
Termination: This Agreement will continue in effect until terminated by either party with 14 days written notice. Email notice will suffice.
Adviser Compensation: Adviser’s annual fee for portfolio management services provided under this Agreement is in accordance with the fee schedule annexed hereto and made a part hereof as Exhibit A. Client pays Advisor directly through the Advisor’s website. The Advisor DOES NOT have custody or deduct fees from client accounts.
Proxies. Client shall be responsible for: (1) directing the manner in which proxies solicited by issuers of securities beneficially owned by Client shall be voted, and (2) making all elections relative to any mergers, acquisitions, tender offers, bankruptcy proceedings or other type events pertaining to the Assets. Advisor does not vote proxies on behalf of clients.
Applicable Law: To the extent not inconsistent with applicable law, this Agreement shall be governed by and construed in accordance with the laws of the State of USA - Washington State. For clients residing in Washington, this contract shall not waive or limit compliance with, or require indemnification for any violations of, any provision of the Securities Act of Washington, chapter 21.20 RCW.
You are not permitted to share, sell, reprint or republish any other of our Information, including texts or emails for resale or mass reproduction purposes for your own business use.
The Company’s Trade Alerts and the Website are the property of the Company and are protected by copyright, trademark, and other intellectual property laws. The content distributed by Brockman Capital Management, LLC is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Information or Website or any other material or aspects of materials provided by us to you. Stock PRO, Options PRO and Index PRO are registered trademarks of Brockman Capital Management, LLC. Any reproduction is prohibited.
Your satisfaction with Trade Alerts is important to us. If you are not satisfied with the trading package you purchased, a full refund will be issued, if notice is given within 14 days of purchase. No other refunds or warranties are offered.
Dispute Resolution: We hope to resolve any differences amicably. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us and include all of your reasons for dissatisfaction with your Trade Alerts plan. You also agree that should arbitration take place, it will be held in Bellingham, Washington and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. You further understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
Exhibit A: Trade Alerts Fee Schedule
Index PRO: $97 / month
Stock PRO: $197 / month
Options PRO: $297 / month
Day Trade: $199 / month
Mashups: $299 / month
Moonshots: $399 / month
If you have any questions, please contact us at email@example.com. Thank you.
Brockman Capital Management
2219 Rimland Dr #301
Bellingham, WA 98226
Preferred method of contact is by email.