Terms of Use & Services Agreement

LATEST VERSION – September 2019 StockJumpers, LLC, Bellevue, Washington 98005

Welcome to StockJumpers:

We hope you’ll enjoy being a part of our membership group, our newsletters and jump reports, trade signals, trading strategies, Trade Assist Portal, and other products and services that employ our unique research and trajectory analysis technology. (collectively called “Services”).

By using our Services, you’re agreeing to be bound by these Terms and Conditions. If you don’t wish to be bound by what you see written below, you shouldn’t register or use our website or any information we provide. StockJumpers, LLC, (“Stockjumpers” “we” “our” or “us” or other such terms) is a Wyoming Limited Liability Company. with its member support offices in Washington State.  We may change the terms of this Agreement from time to time, and will post a notice of any material changes when we do. Your continued use of StockJumpers and its Services or any information posted on our website means that you accept any new or modified terms and conditions. So please check back here from time to time.

Some Services may be in beta testing or just in an initial development stage that we are sharing with you and we reserve the right to change or even eliminate them with no notice, at our sole discretion.

1. Nature of Services

StockJumpers is a publisher of financial information that produces internet blogs, reports, and newsletters and publishes its trade signals and opinions for member subscribers who are all self-directed traders and investors, along with the general public. StockJumpers is not an Investment Adviser and is not registered with any federal or state regulatory agency. Rather, StockJumpers relies upon the “publisher’s exclusion” from the definition of “investment advisor” as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. The newsletters and reports we publish are considered a bona fide publication of general and regular circulation offering impersonalized investment-related advice to subscribers and/or prospective subscribers (e.g., not tailored to the specific investment portfolio or needs of current and/or prospective subscribers). Neither StockJumpers nor any of its officers, employees, representatives, agents or independent contractors are, in such capacities, licensed financial advisors, registered investment advisors or registered broker-dealers. We provide no individualized advice.

StockJumper’s publications should not be construed by any subscriber and/or prospective subscriber as StockJumper’s (i) solicitation to effect, or attempt to effect transactions in securities over the Internet, or (ii) provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objective(s).

Stockjumpers publishes its opinions for its member subscribers who are all self-directed investors and traders. This means you.

Neither Stockjumpers,. nor its Information providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Web site(s), including, but not limited to Information originated, licensed or from its Information Providers, or gathered by StockJumpers from any publicly available sources. There may be delays, omissions, or inaccuracies in the Information despite all best efforts to make it as accurate as possible. You agree to hold StockJumpers and any of its Information providers harmless from any and all errors or inaccuracies created by its Services.

RISK WARNING (PLEASE READ THIS): You should be aware that that the risk of loss in trading securities, options, futures and forex can be substantial. Subscribers must consider all relevant risk factors, including their own personal financial situation, before trading. Some of the strategies involve corporate announcements and aftermarket events which can be volatile and where stop-loss settings may not always be executed due to market conditions and your broker platform. Therefore you should consider this to be a high-risk trading strategy and you could lose a substantial amount of money if you are on the wrong side of a trade. Options involve extremely high risk and are not suitable for all investors. Whether you are trading options, futures or stocks, ALL trading involves high risk and you can lose a significant amount of money, so you must be knowledgeable and exercise extreme caution. Only trade with funds you can afford to lose. Trading with the StockJumpers strategy may be even more risky because of the extreme volatility of the catalyst events we report on. If you are not comfortable risking your money trading this or any other strategy you should not do this. We mean this warning in the strongest of terms. Many of the strategies employed by StockJumpers are very high risk and requires a high level of trading skill and an understanding of trading after hours markets to be successful. Do not risk real money unless you are an experienced trader or get the necessary training. YOU WILL LOSE MONEY. This warning will be repeated throughout this agreement and on the web-sites to make certain you understand the level of risk and what is involved in trading. There is also a complete Risk Disclosure which is located here https://stockjumpers.com/legal which you should read and is made part of your understanding entering into this agreement.

2. Registration

Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with StockJumpers. In other words, it’s one registration per person. Institutions and/or Professional Money Mangers who trade for accounts other than their own personal trading account will need to Register as an Institutional Subscriber and pay the fees associated with that level of Services. For information on rates please contact our administrative offices. Any other use of multiple accounts or aliases on our Services, including attempts to mislead, defraud, confuse or otherwise trick us or our other members, is a breach of these Terms and Conditions. If you subscribe to one of our premium Services, you may be asked to create a password, which you’ll need to access the Services on your private page.

3. Premium Services (Subscriptions to newsletters, reports, strategies, and trade signals)

When subscribing to a premium Service such as one of our PRO newsletter/report programs (ACCESS (on demand), PRO-LITE, PRO-1, UNLIMITED, CASH COW FUND, PRO-JUMPERS and all future programs), you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, StockJumpers reserves the right to cancel your subscription  Regardless of your membership level – including all free or introductory memberships-subscriptions, ALL of the terms and conditions of this Agreement will still apply, and you can upgrade or downgrade your membership–subscription level at any time with the approval of StockJumpers. If StockJumpers offers you a free membership or subscription or extends your premium Services for any reason all conditions of this Agreement still apply. Prices for Services may be changed at any time, and the new rate would become effective at beginning of any subscription renewal period. In addition StockJumpers may terminate or modify any of its Services at any time.

Some Services may provide a free trial or introductory offer and/or with a money back guarantee if canceled within the trial period. If such an offer is provided, only one per household is allowed at any given point in time. In addition, there is a limit of one trial or introductory offer per person and/or per email address in any given twelve-month period unless otherwise stated in the offer. The protected content a requires a secured link access and we do monitor the number of times it is accessed and record your IP address. If it is discovered you are sharing the information with another party or giving out links to our protected material, we can terminate your account and/or charge your card for the number of times you shared the information.

If you don’t cancel your subscription within the trial or introductory offer period, we will charge your credit card or bank account you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site, which can change from time to time. Stockjumpers reserves the right to increase its Report, Services and Subscription fees or institute new charges upon reasonable notice. All Report, Services, and Subscription fees are due in advance. You may cancel your subscriptions at any time with 3 days advance notice prior to your billing date anniversary. If you cancel per the terms of this Agreement you will not be charged for the subsequent period (i.e. monthly quarterly or annually) of service. If for some reason you are due to no fault of your own, please contact member support and we will issue a refund for any erroneous charges.

From time to time, StockJumpers offers its Services through third party vendors. In such cases, the vendor’s refund policy would apply and may differ from StockJumpers standard policy.

You cannot transfer your subscription to someone else, except through bequeathment or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact Member Services.

Your membership and various subscriptions to any Service will automatically renew for the monthly, quarterly, annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription dues will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us. In the event that we terminate a Report or Service, you agree that StockJumpers may transfer your subscription to another Report or Service of equal or greater value. Of course, you may cancel your membership to the new Service at any time per the cancellation policy stated herein.

Membership to any StockJumpers Reports or Services is for Online &/or electronic access only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the US/APO. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of StockJumpers.

4. Cancellation and Refund Policy

ALL SALES ARE FINAL. There are no refunds to any subscription fees paid in advance unless specifically stated otherwise in writing.  If you wish to cancel a membership or subscription to any service (for any reason) we have provided a simple way to do so. The instructions are on the cancel membership page. Once you cancel, your membership will be active only until the next anniversary date, after which it means you will no longer have access to the protected reports or paid content areas you subscribed to. You may still receive notifications, newsletter and other communications from StockJumpers unless you specifically unsubscribe from receiving any further emails or notifications. 

IMPORTANT: You must cancel your membership at least 48 Hours (2 days) prior to your effective anniversary date. If you do not – you WILL be charged automatically for the next subscription period (monthly, quarterly or annually depending on what subscription plan you originally purchased). If you feel you are entitled to a refund for any reason please submit your request per the instructions on the member support page. however missing the the cancellation deadline is not cause for a refund.

PLEASE READ CAREFULLY: You are agreeing to this cancel/refund policy:  If you are canceling before the end of any free trial subscription you will NOT be charged. If you are a paid member and have a stated trial period which allows for a refund (i.e. a 14-day or 30-day trial membership plan) of your subscription fees, you must formally cancel your subscription per the terms and conditions of this agreement within the stated time period. If you cancel at any-time AFTER the trial period, you will be charged for the entire subscription term you subscribed to which may be monthly, quarterly or annually depending on your original subscription.  On the anniversary date of the NEXT period of service and beyond (weekly, monthly, quarterly, annually) you will be automatically charged for that next full period of service if you did not cancel 48 hours (TWO DAYS) prior to your subscription anniversary date. Unless otherwise agreed to in the plan you signed up for, (such as a weekly, quarterly or annual subscription plan) this is a month-to-month agreement and you may cancel your subscription at any time under the terms of this cancellation policy. However, if you decide you want to re-start any subscription after you have cancelled up to one year from cancellation,  there is a $100 re-reinstatement fee which will be automatically be added on to your subscription fees on top of whatever subscription costs you may have agreed to. This is in addition to any new membership dues or additional costs that may be assessed at the time of re-enrolling.

StockJumpers only wants members who are deriving value from the Services, and we will honor your cancellation request once you submit it by going to the cancel membership page and initiating the cancellation procedure. Because emailing is not always reliable we do not consider this sufficient as an official cancellation of your subscription. Sending us an email informing us you wish to cancel is NOT sufficient notice. Calling our member support department is fine to begin the process or get more information, but you will be sent to our website link to formally cancel. Your cancellation is ONLY considered effective on the date and time you initiate your formal cancellation which is time-stamped and provides a formal record of your action.  You will receive a confirmation email memorializing that your membership is officially terminated effective that time and date. The reason for this policy is to eliminate confusion, miscommunication,  misplaced emails, or verbal instructions. There are no exceptions to this policy and you agree to follow this procedure as part of this agreement. This and other important links can also be found on your private “my account” page on the member site. If you call and wish to cancel, the membership support representative will direct you to this link. YOU HAVE TO INITIATE THE CANCELLATION PROCESS TO MAKE IT OFFICIAL, AND IT MUST BE AT LEAST 2 DAYS PRIOR TO  YOUR ANNIVERSARY DATE OR YOU WILL BE AUTOMATICALLY CHARGED EVEN IF YOU DO NOT USE THE SERVICES.

CHARGE-BACK POLICY: Because we have made it super easy for you to cancel, and there is never any long term commitment (unless you purchased a long term subscription) – you agree as a material part of this agreement and this cancellation policy that you will not “charge-back” ANY charges made to your credit card(s) for subscriptions you have purchased and/or received prior to your self-cancellation per the above procedure. In other words you agree not to contact your credit card company or bank and reverse any credit card or ACH charge made to your account for any reason for services or subscriptions you purchased up to the time of cancellation. Further, any charge-backs you attempt to place with your credit card company you agree to immediately reverse and to compensate StockJumpers in the amount of $1250 per incident (for time and investigation costs to dispute your claim) should it be discovered you were in fact properly charged for the services rendered under this Agreement.  You agree that StockJumpers may charge your card or your checking account for this fee without notice to you – if you initiate a charge-back with your bank or card company. This is in addition to all legal and court costs that may be assessed for enforcing this provision or collecting this penalty. StockJumpers makes no claims that its Information and/or Services will result in profits and the Services are rendered on a best-efforts basis. As such by entering into this Agreement you agree to not take-back any charges (charge-back) made to your account for ANY services purchased under this agreement for services rendered whether or not you used or benefited from them or not. If you are not satisfied with the Services provided or outcome of using the information you may always cancel your subscription, but must pay for all services rendered prior to your cancellation date. If it is discovered that StockJumpers erred in some way by charging you incorrectly for a service or subscription – we will happily refund you. Fill out the refund request here. If you disagree with this policy or any part of this agreement, you should not sign up for the Services.

5. Intellectual Property

All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of StockJumpers and/or providers of the content under license. By “Content” we mean any information, mode of expression, or other materials and services found on any of our publications or websites. This includes message boards, blogs, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features.

You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 2013-2018 [or whatever the current year is. StockJumpers. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without StockJumpers prior written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication.

You also may not republish, post, transmit or distribute the Content to on-line bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, for use on another website or service (including our own personal forums and blogs). In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks and performance data to other sites and forums is unfair to our members who pay good money to receive our Content. So please don’t do it.

6. Disclaimer of Warranties and Liabilities

Stockjumpers provides a broad range of information and commentary services along with software that can assist in members in trading stocks and options.  As a result of the diverse opinions of our staff and different ways you can trade the markets, there may be occasions from time to time, where there are conflicting ideas and opinions with regard to specific securities that are different from those taken or issued by another Service we provide.

One of the principal StockJumper tenets is that the best person to handle your finances is you. By your use of our Services, you’re agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that StockJumpers, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, trade signals or any other material published through our Services. StockJumpers relies on various sources of information that we believe to be accurate and reliable. But we can’t and won’t take responsibility for, or make any claims or representations about, the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our Services. Remember: All information and content provided on or by StockJumpers is to be used on an “as is, with all faults, we’re not perfect” basis.

Also though we always strongly recommend that you virtual (paper) trade any of the strategies and data we provide before going live with a real money account, virtual trading does not guarantee successful investing of actual funds during a later time period as market conditions change constantly. Also, the experiences described in any testimonials on this website or other materials is not necessarily indicative of the results other investors may expect to achieve. Results will always vary.

7. Other Disclaimers, Risk Warnings, and No Guarantee of Success

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. HYPOTHETICAL PERFORMANCE RESULTS PRESENTED IN THIS WEBSITE HAS MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

ANY HISTORICAL RESULTS AND ANY DATA FIGURES REPRESENTED IN THIS WEBSITE OR WRITTEN MATERIALS ARE BASED ON HYPOTHETICAL TRADES THAT YOU WILL NOT BE ABLE TO DUPLICATE FOR YOURSELF. THE PURPOSE OF SHOWING YOU THIS DATA IS NOT TO REFLECT WHAT WE OR ANY OF OUR CUSTOMERS HAVE DONE. THE SOLE PURPOSE IS TO TRACK WHAT THE SYSTEMS DID EACH DAY ACCORDING TO THE SIMULATED SYSTEM TRADES. THERE ARE MANY REASONS WHY YOU WILL NOT BE ABLE TO DUPLICATE THESE TRADES IN REAL TIME, INCLUDING BUT NOT LIMITED TO: MARKET CONDITIONS, BROKERAGE SERVICES AND COMMISSIONS, YOUR BUYING POWER, TRADING SKILLS, INTERNET ACCESS, COMPUTER CAPABILITY, REAL-TIME DATA PROVIDER, YOUR ABILITY TO CONTINUOUSLY MONITOR THE MARKET TO PERFORM ALL THE TRADES, AND “SLIPPAGE,” THE AMOUNT OF TIME IT MAY TAKE YOU TO EXECUTE THE TRADES. THE EFFECT ALL OF THESE FACTORS, OFTEN CLASSIFIED AS “SLIPPAGE,” CANNOT BE DETERMINED. YOUR RESULTS WILL VARY SUBSTANTIALLY. TRADING INVOLVES HIGH RISK AND YOU CAN LOSE A SUBSTANTIAL AMOUNT OF MONEY.

EXPANDED HOURS RISK DISCLOSURE:  The primary risk trading during extended-hours trading is a lack of liquidity. For example, during the normal trading session (9:30 a.m. ET – 4 p.m. ET), you could place a limit order to sell ABC Company stock for $20 per share. It is possible that thousands of traders may be interested in purchasing your shares at $20. In the extended-hours trading session, however, your same sell order for ABC Company stock at $20 per share may draw no interest, and, in fact, the best offer to buy your shares could be significantly less than what you would receive in the normal session. In addition, even if there is interest to buy your shares at $20 in another market, there may be no linkage between where your order resides and the other market and, therefore, your order may not fill regardless of your stop loss and take profit settings.

8. No Warranty and Limitation of Liability

As a member/subscriber you agree to indemnify and hold harmless StockJumpers, its management and owners and/or its Affiliates from all liability should  you incur any losses, from using the Services. 

ALL STOCKJUMPERS SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL STOCKJUMPERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO THE LOSS OF MONEY CAUSED AS A RESULT OF USING THE SERVICES  HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  YOUR EXCLUSIVE REMEDY SHALL NEVER EXCEED 2 MONTHS OF YOUR PAID IN SUBSCRIPTION FEES OR $1000 WHICH EVER IS LESS. 

9. Denial of Service

The StockJumpers strategy and Services may not be suitable for everyone. As such we reserve the right to deny or cancel Services for whatever reason we may deem necessary to any person or subscriber/member.  If we do cancel you in the middle of monthly subscription we will give you at least 2 days notice prior to your next anniversary date and/or refund any monthly amounts you may have pre-paid.

10. Incorporation by Reference

Please read the Risk Disclosures, End User Licensing Agreement (EULA), Cookie Policy and Privacy Policy which can be found on the legal page located here:  https://stockjumpers.com/legal, and which are hereby incorporated herein by reference with the same force and effect as though fully set forth herein.

11. Communication

Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

12. Venue

If any provision in these Terms and Conditions is found to be invalid, unenforceable, or not applicable the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of Washington. You agree that the proper forum for any claim arising thereunder will be Seattle, Washington.

Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.

Please note that certain individual Services may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service that you subscribe to or use.

These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and StockJumpers and govern your use of our sites. our services and our published reports and newsletters

13. Hardcopy

You may request a hardcopy of this Agreement sent to you by emailing StockJumpers at [email protected]