Please Read Carefully Before Agreeing to Utilize This Service.
 

THIS AGREEMENT is entered into by and between TigerRock Capital Research, LLC and Subscriber on the terms and conditions as set forth herein below.

(This Agreement may be terminated in writing by either party at any time and for any reason. In the event that Subscriber terminates this Agreement, such termination shall be effective at the end of the billing period in which such written notice of termination is received by TigerRock Capital Research, LLC and Subscriber shall not be entitled to a refund of any portion of Subscriber’s aforesaid Subscription Fee for that billing period.) All sales are final.

1. PREAMBLE, TigerRock Capital Research, LLC is not a brokerage, financial planner, or investment advisor, and is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever. TigerRock Capital Research, LLC does not conduct or supervise market trading of any nature. TigerRock Capital Research, LLC is not aware of the financial condition, goals, desires or plans of any person, and none of the information provided by TigerRock Capital Research, LLC is intended to reflect such awareness as to any person or entity.

TigerRock Capital Research, LLC is in the business of providing information as to certain trading actions of an individual trader and/or persons designated by such individual trader (hereinafter “Trader”) (hereinafter the “Information”). TigerRock Capital Research, LLC does not purport to offer, disclose or divulge any methods or systems upon which any of the trading decisions of such Trader, or anyone else, are based, including but not limited to the actions of such Trader concerning which TigerRock Capital Research, LLC provides Information pursuant to this Agreement. Moreover, TigerRock Capital Research, LLC does not purport to convey any advice of any nature by such Trader or anyone else.

Simply put, TigerRock Capital Research, LLC will convey to subscribers Information that such Trader has taken certain actions as to his own personal investments. It is up to each individual subscriber who receives such information whether or not to use such information, or, subject to the conditions set forth herein below, how to use such information. Neither TigerRock Capital Research, LLC nor such Trader intend for the provision of such Information to constitute investment advice, nor to constitute even a suggestion that any subscriber or any other person or entity would profit, financially or otherwise, from emulating the actions of such Trader or using the Information in any way, nor to constitute a suggestion that any subscriber or any other person or entity do anything at all. In fact, TigerRock Capital Research, LLC strongly suggests that any subscriber or any other person or entity who may become privy to such Information or the aforesaid actions of such Trader refrain from attempting to use such Information for any purpose whatsoever.

Further, TigerRock Capital Research, LLC makes no representations, warranties or guarantees concerning the Information to be provided pursuant to this Agreement, including but not limited to that such Information is fit for any particular purpose, or any purpose at all. Such Information is not intended to constitute investment advice, and you, all subscribers, and/or any other person or entity who may become privy to the Information or the aforesaid actions of such Trader are expressly warned and cautioned from making any assumptions or presumptions at all concerning such Information, including but not limited to that such Information represents the use or application of logic, the use or application of any scientific methods or principles, the use or application of any mathematical methods or principles, or that the actions of such Trader are actions which are financially sound, logical, or supported by any scientific or mathematical principle whatsoever.

If any subscriber or any other person or entity who may become privy to the aforesaid Information concerning the actions of such Trader takes any actions or make any decisions based upon the disclosure of such Information, it is against the express warning and cautions of TigerRock Capital Research, LLC.

If you seek, desire or require investment advice, seek the advice of a qualified investment advisor.

If you seek, desire or require financial planning, seek the advice of a qualified financial planner.

If you seek, desire or require brokerage services, seek the advice and service of a qualified and licensed broker.

The above preamble is intended to constitute evidence of the respective intentions of the parties. However, such preamble is not an all-inclusive description of such intentions.

2. AGREEMENT.      A.    COVENANTS, PROMISES, REPRESENTATIONS, STIPULATIONS AND WAIVERS BY SUBSCRIBER:
     In material consideration of the disclosure of certain Information as to certain actions of Trader as to his own account to Subscriber by TigerRock Capital Research, LLC, Subscriber makes the following Covenants, Promises, Representations, Recitals, Stipulations and Waivers:
          1.     Subscriber covenants, promises, stipulates, acknowledges and agrees that he will not disclose, reveal, give or otherwise impart any part or portion of the Information to any person or entity, including, but not limited to, Subscriber’s family, friends or brokers. Subscriber stipulates, acknowledges and agrees that none of the rights granted Subscriber pursuant to this Agreement, including but not limited to the right to receive the Information, may be assigned by Subscriber to any person or entity. Unless otherwise terminated by TigerRock Capital Research, LLC, all rights granted to Subscriber pursuant to this Agreement, including but not limited to the right to use the Information for any purpose, shall terminate on the death or incompetence of Subscriber. So as to protect TigerRock Capital Research, LLC and to provide TigerRock Capital Research, LLC with all legal and equitable remedies to the maximum extent available in the event of a breach of this term of this Agreement by Subscriber, whether intentional, inadvertent, or otherwise, Subscriber stipulates to the issuance in favor of TigerRock Capital Research, LLC or its agent or assignee of a temporary restraining order, preliminary injunction, and permanent injunction against Subscriber or any person or entity acting on Subscriber’s behalf, at Subscriber’s instruction or with Subscriber’s authority, by any court of competent jurisdiction, enjoining all conduct in breach or in derogation of this term of this Agreement. Subscriber stipulates that such injunctive relief may be obtained, at the election of TigerRock Capital Research, LLC or its agent or assignee by ex parte application, without notice to Subscriber, and in this regard, Subscriber expressly waives to the maximum extent possible all Federal, State and Local rules or regulations requiring such notice.
          2.     Subscriber stipulates, acknowledges and agrees that none of the Information provided to Subscriber pursuant to this Agreement is, or under any circumstances will become, the property of Subscriber, or that such Information or any portion thereof may be assigned, disclosed or otherwise disseminated by Subscriber to any person or entity by any means whatsoever.
          3.     Subscriber stipulates, acknowledges and agrees that all parts of the Information to be disclosed to Subscriber pursuant to this Agreement are conveyed to Subscriber “as is,” and without warranties, representations or guarantees by TigerRock Capital Research, LLC of any nature, including, but not limited to, warranty of merchantability or of fitness for a particular purpose.
          4.     Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that TigerRock Capital Research, LLC is not a brokerage, financial planner, or investment advisor, is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever, and does not conduct or supervise market trading of any nature.
          5.     Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that this Agreement does not constitute an agreement by TigerRock Capital Research, LLC or anyone acting on its behalf to provide, either generally or specifically, investment advice, financial advice, or advice of any nature whatsoever.
          6.     Subscriber represents, stipulates, acknowledges and agrees that Subscriber has neither disclosed nor discussed with TigerRock Capital Research, LLC or anyone acting on its behalf any aspect of the financial condition, goals, desires or plans of Subscriber or of any other person or entity, and that neither Subscriber nor TigerRock Capital Research, LLC have done anything to make TigerRock Capital Research, LLC or anyone acting on its behalf aware, even in a general manner, of the financial condition, goals, desires or plans of Subscriber or of any other person or entity.

          7.     Subscriber represents, stipulates, acknowledges and agrees that Subscriber is not currently employed in any capacity where the professional management of money is required.  Furthermore, Subscriber is not a owner, manager, or brokerage entity where TigerRock Capital Research, LLC Information can be used to make decisions for any other individuals or entities.
          8.     Subscriber stipulates, acknowledges and agrees that he will do no act and take no action with and/or involving the Information to be disclosed pursuant to this Agreement, which is contrary to the laws of the United States, nor of the laws of any State or Territory of the United States. Subscriber shall indemnify TigerRock Capital Research, LLC and hold TigerRock Capital Research, LLC harmless from any and all claims of every nature whatsoever which may in any way be asserted and/or made against TigerRock Capital Research, LLC, or of such Trader, as a result of the actions of Subscriber, or any person or entity acting on his or her behalf, at his or her instruction, and/or with his or her authority.
          9.     Subscriber shall pay to TigerRock Capital Research, LLC a Subscription Fee for the following service:

• TigerRock Trading Program. Fees range from $1150.00 to $2750 per month but may increase with one month’s notice.

Subscriber hereby agrees to the subscription. Subscriber hereby authorizes TigerRock Capital Research, LLC. to submit a charge against Subscriber’s credit card at the discretion of TigerRock Capital Research, LLC, for Subscriber’s Subscription Fee for the next succeeding billing period.

(This Agreement may be terminated in writing by either party at any time and for any reason. In the event that Subscriber terminates this Agreement, such termination shall be effective at the end of the billing period in which such written notice of termination is received by TigerRock Capital Research, LLC., and Subscriber shall not be entitled to a refund of any portion of Subscriber’s aforesaid Subscription Fee for that billing period.)

In the event Subscriber desires for TigerRock Capital Research, LLC to submit Subscriber’s Subscription Fee charges for the next succeeding month pursuant to this Agreement to a different credit card account, Subscriber shall notify TigerRock Capital Research, LLC of the same in writing not later than the fifteenth day of the month preceding such desired change.

          9.     Subscriber, at Subscriber’s sole discretion, shall log in to TigerRock’s Instant Messenger Chat from www.TigerRockCapital.com on their personal computer, which has internet access for the provision of receiving Real Time Instant Messages for the provision of the Information to Subscriber by TigerRock Capital Research, LLC. TigerRock Capital Research, LLC shall provide Subscriber in writing with the directions to log in and activate the TigerRock Instant Messenger at which Subscriber will receive the Information.
          10.     Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that the Information to be provided to Subscriber pursuant to this Agreement is not representative of all of the actions of the aforesaid Trader, either with respect to his own account or otherwise, and that all Information to be provided to Subscriber by TigerRock Capital Research, LLC, shall be at the sole discretion of TigerRock Capital Research, LLC. Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that this Agreement does not obligate TigerRock Capital Research, LLC or the aforesaid Trader to provide to Subscriber or to any other person information concerning all of the trading actions in which the aforesaid Trader may engage, but only information concerning such trading actions as TigerRock Capital Research, LLC, in its sole discretion, may determine.

     B.    COVENANTS AND PROMISES BY TIGERROCK CAPITAL RESEARCH, LLC.:

      Subject to the full and complete performance of all terms and conditions of this Agreement, and in consideration of the promises, covenants, representations, and waivers of Subscriber as set forth in this Agreement, each of which is expressly and irrevocably deemed and agreed to constitute a material term of and consideration for the performance of TigerRock Capital Research, LLC as described herein, TigerRock Capital Research, LLC covenants and promises as follows:

          1.     TigerRock Capital Research, LLC shall provide to Subscriber, and to no other person or entity, the Information. Such Information shall be transmitted by TigerRock Capital Research, LLC. by TigerRock’s Instant Messenger Chat.

     C.    ADDITIONAL TERMS AND CONDITIONS:

          1.     This Agreement may be terminated in writing by either party at any time and for any reason. In the event that Subscriber terminates this Agreement, such termination shall be effective at the end of the billing period in which such written notice of termination is received by TigerRock Capital Research, LLC., and Subscriber shall not be entitled to a refund of any portion of Subscriber’s aforesaid Subscription Fee for that billing period. In the event that TigerRock Capital Research, LLC terminates this Agreement, such termination shall be effective immediately, and TigerRock Capital Research, LLC shall refund pro rata to Subscriber such portion of Subscriber’s aforesaid Subscription Fee as remains unused at the time of such termination.

          2.     This Agreement is non-exclusive, and TigerRock Capital Research, LLC may provide the Information to any other subscribers, or to any other persons or entities, at its sole discretion.

          3.     No failure by TigerRock Capital Research, LLC to assert, object to, or act upon any violation, breach or failure of performance of this Agreement by Subscriber shall constitute a waiver of any right whatsoever by TigerRock Capital Research, LLC, either with respect to such breach or failure of performance, or to any subsequent breach or failure of performance.

          4.     The parties understand and agree that the agreements, undertakings, acts and other things done or to be done by each party in this Agreement shall run to, inure to the benefited, and be binding upon their respective agents, attorneys, servants, employees, independent contractors, representatives and successors.

          5.     TigerRock Capital Research, LLC shall not be liable to Subscriber or to any other person or entity for errors in transmission of the Information, or for Subscriber’s non-receipt of the Information for any reason whatsoever. TigerRock Capital Research, LLC disclaims all liability of any nature to Subscriber, other than refund of any unused portion of Subscriber’s Subscription fee as described in Paragraph C1, above, of this Agreement, and Subscriber knowingly, intelligently and voluntarily accepts such disclaimer of liability in all respects. Further, Subscriber shall, and hereby does, individually and on behalf of Subscriber, his or her descendants, ancestors, dependents, heirs, executors, administrators, assigns, successors, attorneys, and business entities and their officers, directors and shareholders, knowingly, intelligently and voluntarily fully release and forever discharge TigerRock Capital Research, LLC, and its members, principals, administrators, assigns, successors, attorneys, employees, and business entities, and their officers, directors and shareholders, from any and all manner of action or actions, cause or causes of action in law or in equity or otherwise, suits, debts, liens, contracts, agreements, promises, liabilities, claims, damages, demands, loss, obligations, cost or expenses of any nature whatsoever, known or unknown, fixed or contingent which now exist or which may arise in the future in connection with this Agreement, or through Subscriber’s use or application of the Information or otherwise.

          6.     Nothing about this Agreement shall prohibit, limit, or restrict in any way the right of TigerRock Capital Research, LLC. to utilize and or apply any presently existing or new technology which may become available so as to implement the provision of the services provided hereunder by TigerRock Capital Research, LLC., or any other services, which TigerRock Capital Research, LLC.., may hereinafter elect to provide, and the implementation or non-implementation of such technology shall be within the sole discretion of TigerRock Capital Research, LLC.

          7.     All agreements, covenants, representations and warranties, express and implied, oral or written, of the parties to this Agreement concerning its subject matter are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party concerning the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter of this Agreement are merged herein. This is an integrated Agreement.

          8.     Subscriber stipulates, acknowledges and agrees that he or she relied solely upon his or her own judgment, belief and knowledge in entering into this Agreement. Subscriber further represents, stipulates, acknowledges and agrees that, in entering into this Agreement, he or she has not been influenced by any representations or statements concerning any matters made by TigerRock Capital Research, LLC or any other person, and freely enters into this Agreement.

          9.     The parties each agree that this Agreement is to be construed and interpreted without regard to the identity of the party drafting it. This Agreement is to be construed according to the laws of the State of Florida. The parties agree that venue shall be exclusively within the County of Orange, State of Florida.

          10.     Should any of the provisions of this Agreement be declared or determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be effected thereby and said illegal or invalid part, term or provision shall not be deemed to be a part of this Agreement.

          11.     Except as otherwise provided herein or as required by law, subsequent to the date of execution of this Agreement, Subscriber shall keep the terms of this Agreement confidential, except as is necessary to carry out effectively the terms of this Agreement.

          12.     If any action at law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement or any agreements or instruments contemplated thereunder, the prevailing party shall be entitled to recover actual attorneys’ fees and costs, which may be determined by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

These Terms of Use were last modified on June 7, 2002.