Terms 5Stockpicks.com

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You must be over 18 years of age

You understand and accept that 5Stockpicks.com DOES NOT give opinions or advice on securities trading in any form at anytime under any circumstances.

You must fully appreciate the potential danger of loosing a significant portion or all of the money that you invest in momentum or day trading should you make this decision.

If you are new to momentum trading you should read at least three or four of the BOOKS in our book section.

You understand that memberships can be revoked or suspended at anytime.

You cannot post or email or transmit any of our information anywhere at anytime under any circumstances without expressed written consent from Mary M. Smith Enterprises Inc. under penalty of law.

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5Stockpicks.com does not warrant or guarantee the information contained herein or assume any liability or responsibility for any reliance placed on the information or for the risks of the stock market. All data and information is provided for informational purposes only, and is not intended for trading purposes.

We Assume That You Understand The Following: That you understand that all data and information is provided for informational purposes only, and is not intended for stock trading purposes of any kind. All information on "5Stockpicks.com" web site is for "5Stockpicks.com" use only. We do not give advice or opinions on any type of stock trading or trading strategies. We do not advocate stock trading or investing of any kind. 

5Stockpicks.com is not a registered investment advisor or broker dealer. While it is 5Stockpicks.com goal to locate and research equity investments in companies that have the potential for appreciation, investments in equity securities are risky and the use of the information provided by 5Stockpicks.com is at the investor's sole risk. Investors should not rely on the information provided by 5Stockpicks.com. Rather, investors should use the information appearing on 5Stockpicks.com web site or any type of correspondence with 5Stockpicks.com as the starting point for doing additional independent research on the companies mentioned in order to allow the investor to form his or her or their own opinion regarding investing in the companies mentioned.

5Stockpicks.com is an independent web site providing information for momentum and day traders on selected public companies that in the opinion of 5Stockpicks.com may or may not have investment potential.

5Stockpicks.com does not advise investors to buy or sell securities, instead 5Stockpicks.com as its name implies, alerts investors to stocks whose price 5Stockpicks.com believes may rise as a result of upgrades, volume, momentum, rumor or various other factors. 5Stockpicks.com does not receive any compensation from companies mentioned on this web site or in any correspondence.

5Stockpicks.com does not warrant or make any representations regarding the use of or the results of the use of the materials on this web site in terms of their correctness, accuracy, reliability, profit or otherwise. Past performance is not necessarily an indication of future performance. 5Stockpicks.com makes no representation that anyone will, or is likely to, achieve profits or losses similar to those shown on this web site or in any correspondence.

All statements and expressions of opinion made by 5Stockpicks.com are the opinion of 5Stockpicks.com and are not meant to be solicitation or recommendation to buy, sell or hold securities. 5Stockpicks.com makes no representations, warranties or guarantees as to the accuracy or completeness of the statements or information regarding the companies or stock mentioned on this web site. The ideas and information provided here do not necessarily represent those of 5Stockpicks.com. 5Stockpicks.com does not warrant that the information on this web site will be uninterrupted or error-free, or that any mistakes regarding that information will be corrected.

Momentum trading or day trading or any kind of stock trading has both potential risks and rewards. Trading stocks based on the information provided by 5Stockpicks.com may not be suitable for all users or any users of this web site. You the investor, not 5Stockpicks.com assumes the entire risk of any trading that you choose to undertake.

All materials presented within this web site are not to be regarded as investment advice, and are only for informative purposes. Investers are recommended to contact a licensed investment advisor and review all SEC submitted documents before making a purchase of any stock or other investment type, due to the speculative and possible volatile nature of stocks.

All data and information is provided for informational purposes only, and is not intended for trading purposes.

Limitation of Warranties. THE USE OF THE SERVICES IS SOLELY AT MEMBER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARY M. SMITH ENTERPRISES INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MemberABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MARY M. SMITH ENTERPRISES INC. MAKES NO WARRANTY THAT THE SERVICES WILL MEET MEMBER'S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT MEMBER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICES IS TO CEASE TO USE THE SERVICES.

Limitation of Liability. MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT MARY M. SMITH ENTERPRISES INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR MONIES OF ANY KIND, GOODWILL, USE, DATA LOSS OR CORRUPTION, STOLEN OR MISUSED PASSWORDS, WEB SITE DOWN TIME, OR BREACHES IN SYSTEM SECURITY, OR OTHER LOSSES (EVEN IF MARY M. SMITH ENTERPRISES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF, OR INABILITY TO USE, THE SERVICES , (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR WHICH MEMBER WAS UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES (iv) ANY UNAUTHORIZED ACCESS TO TRANSACTION DATA, OR (v) ANY MATTER OTHERWISE RELATED TO MEMBERS USE OF THE SERVICES OR, IN MEMBERS CASE, THE SERVICE. MEMBER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES IS TO CEASE TO USE THE SERVICES.

1.GENERAL PROVISIONS.
a. Force Majeure. MARY M. SMITH ENTERPRISES INC. shall not be liable for any delay or failure due to acts of God, natural disaster, labor shortages or disputes, changes in law, riots, war, epidemics, acts or omissions of vendors or suppliers, transportation, communication or energy difficulties, disruptions, delays, suspensions or terminations or other occurrences which are beyond MARY M. SMITH ENTERPRISES INC.’s reasonable control.

b. General Practices Regarding Storage. Member understands and agrees that MARY M. SMITH ENTERPRISES INC. may from time to time establish and revise practices and limitations concerning Member’s use of the Services. Member agrees that MARY M. SMITH ENTERPRISES INC. shall have no liability for the deletion or failure to store any communications or other content maintained on the site used in connection with the provision of the Services or transmitted using the Services.

c. No Waiver. The delay or omission by a party to exercise or enforce any right or power of any provision of this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. A waiver by a party hereto of any of the covenants to be performed by any other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained.

d. Entire Agreement. This Agreement and the Schedule hereto together constitute the complete and exclusive agreement between the parties hereto, and supersede any and all prior agreements of the parties with respect to the subject matter hereof, unless Member has also entered into a Sales Agent Agreement with MARY M. SMITH ENTERPRISES INC., in which case both the Member Agreement and this Agreement shall be effective and enforceable. This Agreement may be amended by MARY M. SMITH ENTERPRISES INC. at any time upon five (5) days prior notice, in accordance with paragraph (h) below.

e. Publicity. Except as required by law or provided in this Agreement, no party will make, directly or indirectly, any public comment, statement, press release or other announcement or communication relating to the terms and conditions of this Agreement without the prior written approval of all other parties. If a party is required by law to make any such disclosure, it first shall provide notice to the other party of the content of the proposed disclosure, the reason(s) that such disclosure is required by law, and the time and place that the disclosure will be made. Notwithstanding the foregoing provisions, MARY M. SMITH ENTERPRISES INC. shall have the right to list Member on the MARY M. SMITH ENTERPRISES INC. Site or in MARY M. SMITH ENTERPRISES INC. marketing materials as a customer of MARY M. SMITH ENTERPRISES INC..

f. Assignment; Successors and Assigns. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. Member shall not assign, sell, trade, cause to be assumed, or otherwise transfer this Agreement or any rights granted to Member herein without the prior written consent of MARY M. SMITH ENTERPRISES INC.. For the purposes of this Section 1(f), any assignment by operation of law, under an order of any court or pursuant to any plan of merger, consolidation or liquidation shall be deemed an assignment for which prior consent is required, and any assignment made without such consent shall be void and of no effect as between the parties.

g. Limitations; Governing Law. Member agrees that any cause of action arising out of or relating to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to or application of conflicts of law rules or principles. The parties each consent to exclusive jurisdiction of the state and federal courts sitting in Pasco County, Florida.