The Stock Playbook Disclaimer

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

The Stock Playbook, Inc. Terms of Service

Last revised: January 14th, 2010

Caveat Emptor

You should not subscribe to The Stock Playbook if:

1. You are not an active long term investor. You are afraid of volatile stocks. You are afraid of high P/E’s or momentum stocks. You do not feel comfortable handling your own account. You need the money within the next 3 years. You cannot sleep holding volatile issues.

2. We would like to have happy subscribers that are in sync with our strategy. The secret of our performance has been sticking to our strategy. We do not hold any stocks which in our opinion do not have tremendous potential for the long term. That is easy to say, but it takes guts to do it when gloom and doom is on the horizon. We also truly believe that you need to limit your downside, so on occassion we will sell a huge future winner. This is the price we pay to insure that our downside is small and manageable. Now at least you know what to expect.

3. You should also know there are NO REFUNDS for new subscriptions.

4. Previous results are no indication of future performance.

PLEASE NOTE: The Stock Playbook does not offer investment advice, nor are we personal investment advisors. The purpose of our service is to showcase our research and our fictitious long-term portfolios. We do not make recommendations for buying or selling any securities, ETF's or options. We showcase our current portfolio for viewing only, and it is up to the subscriber to make their own decisions, or to consult with a registered investment adviser, when evaluating the information contained in The Stock Playbook or on our website, www.TheStockPlaybook.com.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING The Stock Playbook SERVICES.

The Stock Playbook, Inc. ("we," "us" or “The Stock Playbook”) provides the website known as The Stock Playbook.com and other information, including email newsletters, subject to your compliance with the terms and conditions set forth in this Agreement. Collectively, your use of the website and other information, including video updates and email newsletters, shall be referred to as the “Services”.

By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services.

You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not access or use the Services.
This Agreement is made between The Stock Playbook, Inc. and you, the user and/or member of the Services ("you"). We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or
Change any fees or charges for use of the Services.
Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Services or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
The Services provided are for general informational purposes only. None of the Services is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The Services should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.
Cancellation will take effect no later than 3 business days after we receive your notification.
There are no refunds on subscriptions. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. The Stock Playbook, Inc. may terminate this Agreement, and/or your access to and use of the Services or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.

Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct. While using the Services you agree not to:

Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Services; Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; "Frame", "mirror" or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about Services visitors or members without their express consent; copy, download or rebroadcast any video files made available as part of the Services or Permit anyone else whose account or subscription was terminated to use any of the Services through your subscription, username or password.

While using the Services you agree to comply with all applicable laws, rules and regulations.

Submissions. Please note that, because we receive many emails and suggestions from our members, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

Services and Tools. Your use of certain Services may be governed by additional rules, which are available on The Stock Playbook.com or by hyperlink from other Sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.

Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Services are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. Furthermore, your participation in such sweepstakes, contests or games constitutes your consent that your participation is not in violation of the rules of the state in which you reside.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by The Stock Playbook, Inc. infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent via electronic mail to info This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Ownership and Restrictions on Use. © 2009 The Stock Playbook, Inc. All Rights Reserved. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Services, and download and/or print out only one copy of any materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.

TheStockPlaybook.com and Stockplaybook.com are trademarks and/or service mark of The Stock Playbook, LLC.

All other trademarks, service marks, and logos used by The Stock Playbook are the trademarks, service marks, or logos of their respective owners.

Jurisdictional Issues. The Services is solely directed to individuals residing in the United States. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Links to Other Websites. The Stock Playbook.com may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

TERMS OF USE BETWEEN USER AND THE STOCK PLAYBOOK INC.

This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

To prevent interruption of The Stock Playbook service, we will automatically renew your subscription to The Stock Playbook at the end of the subscription term selected. Prior to the automatic renewal, you will be reminded of your subscription's expiration, and you will have the opportunity to discontinue service if you so choose.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This website is for your personal use and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website without specific permission, in writing, from The Stock Playbook Inc.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE STOCK PLAYBOOK INC. AND/OR ITS RESPECTIVE SUPPLIERS AND PARTIES INVOLVED MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THE STOCK PLAYBOOK INC. AND/OR ITS RESPECTIVE PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE STOCK PLAYBOOK INC. AND/OR ITS RESPECTIVE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

IN NO EVENT SHALL THE STOCK PLAYBOOK INC. AND/OR ITS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR NEWSLETTER WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE STOCK PLAYBOOK INC. OR ANY OF ITS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SUBSCRIPTION BASED CONTENT

Some contents and/or services on this Web site or newsletter may be offered to you conditioned on your payment of subscription fees. If you elect to purchase subscription based content/services and transmit to The Stock Playbook Inc., a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation: your credit card number and expiration date), and you agree to pay all subscription fees you incur. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.

MODIFICATION OF THESE TERMS AND CONDITIONS

The Stock Playbook Inc. reserves the right to change the terms, conditions, and notices under which this Web site is offered.

GENERAL

Aggressive trading strategies call for aggressive trading tactics such as well-defined entry, prudent money management and close monitoring of any open positions. The intellectual stimulation of fast-paced trading can be addictive, profitable or not. By using this site, visitors and members agree to indemnify The Stock Playbook Inc.and its newsletter, and all affiliates liability, real or imagined. The Stock Playbook's proprietary content is solely designed as opinion of price action. There is no implied or direct "advise" for any individuals situation, as that would require specific knowledge and understanding of the individuals situation that we neither request. This agreement is governed by the laws of the State of Florida , U.S.A. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue
in effect.

Privacy Policy

Respecting the privacy of the visitors using our Web sites is a major priority for The Stock Playbook Inc. The following statement will help you understand how The Stock Playbook Inc. collects, uses and safeguards the personal information you provide to us on our
Web site.

Please note that this policy applies only to The Stock Playbook Inc.and not to any other organizations' Web sites to which we may link. Remember that when you use a link to go from TheStockPlaybook.com to another Web site, The Stock Playbook's policy is no longer in effect. Your browsing and interaction on any other Web site, is subject to that Web site's own rules and policies. Please read those rules and policies before proceeding. The Stock Playbook Inc. does not make any representations about the practices and policies of any organization or Web site we may link to and disclaims any liability or responsibility for such other Web site’s content, rules, policies or otherwise.

Types of information we collect

The two types of information collected on TheStockPlaybook.com are: (1) personal information you knowingly choose to disclose that is collected on an individual basis (voluntary registration) and (2) Web site use information collected on an aggregate basis as you and others browse our Web site.

Voluntary Registration

Visitors to TheStockPlaybook.com may knowingly choose to register for a free e-mail newsletter. Visitors to TheStockPlaybook.com may knowingly choose to register for the “The Stock Playbook.” Visitors interested in free e-email newsletter trial will be asked to voluntarily provide their name, e-mail address, telephone number, work address and other pertinent information. Visitors may also indicate topics of interest, which will assist us in tailoring our content to your needs.

You may have your name removed from our e-mailing list at any time, by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your name, e-mail address, and the words UNSUBSCRIBE in the 'subject' field.

Cookies

To enable us to offer you the best possible experience when you visit TheStockPlaybook.com and to offer continually updated information, we assign you a unique identification number stored in a file on your computer called a "cookie." Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser - but not you - to our computers whenever you interact and browse TheStockPlaybook.com.

The cookies automatically gather certain usage information like the numbers and frequency of visitors to TheStockPlaybook.com and areas visited on the sites. We only use such data in the aggregate. This collective data helps us determine how much our customers use parts of the site, so we can improve our site to ensure that it is appealing to as many people possible.

Information Sharing and Disclosure

The Stock Playbook Inc. does not rent, sell, or share any personal information collected through voluntary registration for "The Stock Playbook", trial e-mail newsletter, or the "Contact Us" page -- except to provide the products or services you've requested.

The information you provide to The Stock Playbook Inc. is also used to better understand the content needs of registrants to our Web site. Our goal in collecting personal information through and monitoring visitor traffic patterns through use of cookies is to provide you with the best available Web experience for online investment information.

THE STOCK PLAYBOOK INC. DOES NOT SHARE PERSONALLY IDENTIFIABLE INFORMATION ABOUT INDIVIDUAL USERS WITH ANY THIRD PARTY EXCEPT AS NECESSSARY FOR THE STOCK PLAYBOOK INC. TO OPERATE THE SITE AND COLLECT SUCH INFORMATION.

Credit Card Information

If you choose to subscibe to The Stock Playbook or its newsletter, you may need to provide personal information and authorization for us to obtain information from various credit services. For example, in addition to the information above, you may need to provide the following:

Mailing address, Billing address, Credit card number, Telephone number

Security

When personal information is provided to The Stock Playbook Inc., we establish a "secure session" using Secure Socket Layer (SSL) protocol. The protocol encrypts all information before it is sent. The information is scrambled en route and decoded once it reaches our Web site.

Other e-mail communications may not be secure unless you are advised that security measures will be in place prior to you transmitting the information. For this reason, you should not send confidential information, such as Social Security number or Credit card number, through an unsecured e-mail.

Your Consent

By using our Web site, you consent to the collection and use of information by The Stock Playbook Inc. as outlined in this Privacy Policy. If we decide to change our privacy policies and procedures, we will post those changes on this page so that you always have the opportunity to be aware of what information we collect, how we use it, and under what circumstances we may disclose it.

Graphs

Daily Graphs® and Daily Graphs Online® are copyright © 2008 William O’Neil + Co. Incorporated. All rights reserved. Unauthorized duplication, modification, photocopying or distribution in any form is strictly prohibited. Daily Graphs and Daily Graphs Online are registered trademarks of William O’Neil + Co. Incorporated;

Subscriber agrees to indemnify and hold harmless William O’Neil + Co. Incorporated, Daily Graphs Inc., and any third party involved in or related to the making or compiling Daily Graphs, from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in any manner out of the Subscriber’s or any third party’s use of Daily Graphs.

SUBSCRIBER ASSUMES THE ENTIRE RISK OF ANY USE SUBSCRIBER MAY MAKE OF DAILY GRAPHS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT DAILY GRAPHS ARE PROVIDED “AS IS.” SUBSCRIBER AGREES THAT WILLIAM O’NEIL + CO. INCORPORATED, DAILY GRAPHS INC. AND ANY THIRD PARTY IN OR RELATED TO THE MAKING OR COMPILING DAILY GRAPHS DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DAILY GRAPHS, OR THE ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE.

WILLIAM O’NEIL + CO. INCORPORATED, DAILY GRAPHS INC., AND ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING DAILY GRAPHS DO NOT GUARANTEE THE ACCURACY OF THE DATA PROVIDED IN DAILY GRAPHS, AND IT MAY POSSIBLY BE INCOMPLETE AND/OR CONDENSED. NOTHING CONTAINED IN DAILY GRAPHS IS TO BE CONSTRUED AS A RECOMMENDATION TO BUY OR SELL ANY SECURITIES.

Limitation of Liability. NEITHER The Stock Playbook INC. NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT CONTAINED ON THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT CONTAINED WITHIN THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.

Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.

Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from The Stock Playbook regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Palm Beach County, Florida.

Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Palm Beach County, Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all The Stock Playbook policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.

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