Disclaimer
Disclosure Statement
Terms of Use
Risk
Additional Forms and Disclosures

Legal

Contents of Disclaimer

Introduction
Track Record and Back-Tested Trading Systems
NFA Information - Back Tested Trading Systems/Hypothetical Track Records
Additional Information on Hypothetical Performance Results
RadRoch's Role and Your Responsibilities
Diversification
Risk
Reader's Acceptance of Disclaimer Regarding Risk
Editorials, Views, and Opinions of Posted Information
Monthly Billing and Cancellations
No Warranty or Guarantee Implied
Miscellaneous

Introduction

Please read the following Disclaimer as well as the following Disclosure and Terms of Use prior to using this web site (the “Site”), www.radroch.com, or any services provided by RadRoch, Inc. By using or otherwise accessing this Site or using services provided by RadRoch, Inc. ("RadRoch"), you agree to the terms, conditions, policies and restrictions governing the use of this Site and RadRoch’s services, which thus constitute a legal agreement between you and RadRoch. RadRoch may change, suspend, or discontinue any aspect of the Site or RadRoch’s services at any time, including the availability of any Site feature, database, or content. Your continued use of the Site or RadRoch’s services following the posting of any changes to the Disclaimer, Disclosure, or Terms of Use constitutes acceptance of those changes. Unless the context otherwise makes clear, all references to “RadRoch” in this Site refer to RadRoch, Inc.

You must abide by any and all terms of use and policies posted on the Site.

Track Record and Back-Tested Trading Systems

Our track records are utilized as a “model” to present a general idea of how our research and specific picks have fared since the inception of our service and in various market conditions. Our trades are posted each evening, and are followed from start to finish. However, we are in no way representing that similar results will be achieved by following our strategies and picks. In addition, we include as part of our disclaimer information that is required by the NFA in reference to back-tested trading systems as well as hypothetical track records, which is as follows: 

NFA Information - Back-Tested Trading Systems/Hypothetical Track Records

HYPOTHETICAL PERFORMANCE RESULTS HAVE 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.

THIS COMPOSITE PERFORMANCE RECORD IS HYPOTHETICAL AND THESE TRADING ADVISORS HAVE NOT TRADED TOGETHER IN THE MANNER SHOWN IN THE COMPOSITE. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY MULTI-ADVISOR MANAGED ACCOUNT OR POOL WILL OR IS LIKELY TO ACHIEVE A COMPOSITE PERFORMANCE RECORD SIMILAR TO THAT SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN A HYPOTHETICAL COMPOSITE PERFORMANCE RECORD AND THE ACTUAL RECORD SUBSEQUENTLY ACHIEVED.

ONE OF THE LIMITATIONS OF A HYPOTHETICAL COMPOSITE PERFORMANCE RECORD IS THAT DECISIONS RELATING TO THE SELECTION OF TRADING ADVISORS AND THE ALLOCATION OF ASSETS AMONG THOSE ADVISORS WERE MADE WITH THE BENEFIT OF HINDSIGHT BASED UPON THE HISTORICAL RATES OF RETURN OF THE SELECTED TRADING ADVISORS. THEREFORE, COMPOSITE PERFORMANCE RECORDS INVARIABLY SHOW POSITIVE RATES OF RETURN. ANOTHER INHERENT LIMITATION ON THESE RESULTS IS THAT THE ALLOCATION DECISIONS REFLECTED IN THE PERFORMANCE RECORD WERE NOT MADE UNDER ACTUAL MARKET CONDITIONS AND, THEREFORE, CANNOT COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FURTHERMORE, THE COMPOSITE PERFORMANCE RECORD MAY BE DISTORTED BECAUSE THE ALLOCATION OF ASSETS CHANGES FROM TIME TO TIME AND THESE ADJUSTMENTS ARE NOT REFLECTED IN THE COMPOSITE

Additional Information on Hypothetical Performance Results

Hypothetical performance results have 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 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, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.

RadRoch's Role and Your Responsibilities

We at RadRoch, Inc. (“RadRoch”) are Investment Advisers (click following link for definition of Investment Adviser per the Investment Advisers Act of 1940.) RadRoch is NOT an Accountant, Broker/Dealer, Certified Financial Advisor, Certified Financial Planner, nor a Chartered Financial Consultant. RadRoch recommends that you visit the U.S. Securities and Exchance Commission's website at http:/www.sec.gov/investor/pubs/invadvisers.htm and review their page titled "Investment Advisers: What You Need to Know Before Choosing One."

We offer our various model portfolios to our clients as examples of our trading recommendations for you to consider. These models represent our own hypothetical accounts and/or opinions. It is up to you to make your own decisions as what you want to do with your own portfolio. You are advised to give independent consideration to, and conduct independent investigation with regards to, this information and to use this information only as a supplement to investment advice from your financial advisor (ex: Certified Financial Planner, Certified Financial Advisor and/or Chartered Financial Consultant), legal advisors (ex.: Attorney and/or Estate Planning Professional) and tax advisors (ex: Accountant.) There is no assurance the service or portfolios being promoted will lead to a successful investment result. You should assume all information is written and prepared for experienced investors with a high degree of financial sophistication and knowledge and the capacity to withstand and assess any financial losses. Further, the use of the information provided herein is at the reader’s risk, expressly purports an obligation of due diligence. Visitors or subscribers should not regard any information on the Site as a substitute for the exercise of their own judgment.

Diversification

If you find yourself interested in our trading styles, remember that it is important to diversify your investments and not throw all of your money into one basket or technique.  

Risk

Trading of stocks, options, and futures may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments. Our portfolios are shown as examples and believe that investors should make their own informed decisions. RadRoch advises that you read the additional important information regarding risk located at www.radroch.com/risk.php.

Readers Acceptance of Disclaimer Regarding Risk

By accepting this disclaimer you are acknowledging the risks involved in trading stocks, options, and futures markets and are also acknowledging that you, the subscriber, and not RadRoch, are solely responsible for any losses, financial or otherwise, as a result of using this service. RadRoch shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. If you decide to copy our buys and sells, you are doing so at your own risk. You also agree that RadRoch will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Site. You agree to hold RadRoch harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.

Editorials, Views, and Opinions of Posted Information

Further, the RadRoch, Inc. may post editorials from visitors and commentators on this site. The views and opinions of these authors may not reflect the views and opinions of RadRoch, Inc. They are posted for informational purposes only. Furthermore, references made to third parties are based on information obtained from sources believed to be reliable but are not guaranteed as being accurate. Any quotations, news, opinions, commentaries, recommendations, data, pricing and all other information contained on this Site are believed to be accurate and reliable, but RadRoch, Inc. cannot and does not guarantee its timeliness, completeness or accuracy as of the viewing date.

Monthly Billing and Cancellations

Once you are an active client of RadRoch, your account will be renewed automatically each month. Unless and until this agreement is canceled by e-mail, you are authorizing RadRoch, Inc. to charge your credit card to pay for the ongoing cost of membership. We absolutely and positively honor all cancellation requests. There are no contracts or time obligations associated with our service.

Either party may cancel subscriptions at any time. These cancellations must be sent via email. Cancellation of service is not official until subscriber receives an email confirmation from RadRoch, Inc., and if your request is not answered within 1 business day, you will need to call us at 1-888-770-3710 and confirm cancellation.

No Warranty or Guarantee Implied

No warranty or guarantee is given regarding the accuracy, reliability, veracity, or completeness of the information provided here or by following links from this or any other page within RadRoch, Inc.’s site, and under no circumstances will the author or service provider be liable for any loss including but not limited to direct, indirect, incidental, special or consequential damages caused by using the information, or as a result of the risks inherent in the stock market.

Miscellaneous

All paragraph headings in this Disclaimer are for convenience of reference only, do not form part of this Disclaimer, and shall not affect in any way the meaning or interpretation of this Disclaimer.

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Disclosure Statement

Contents of Disclosure Statement

Risk Disclosure Statement for Futures and Options
Off-Exchange Transactions
Important Consumer Information Regarding State Registered Investment Advisers
Investment Adviser Registration
Prior Performance in not an Indication of Future Performance
Privacy and Protection of Personal Information
Miscellaneous

Risk Disclosure Statement for Futures and Options

The following statement is furnished pursuant to Commodity Futures Trading Commission (“CFTC”) Regulation 1.55(c).This brief statement does not disclose all of the risks and other significant aspects of trading in futures and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in futures and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.

Futures
1. Effect of “Leverage” or “Gearing”
Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are “leveraged” or “geared”. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit: this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss and you will be liable for any resulting deficit.

2. Risk-reducing orders or strategies
The placing of certain orders (e.g., “stop-loss” orders, where permitted under local law, or “stop-limit” orders) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. Strategies using combinations of positions, such as “spread” and “straddle” positions may be as risky as taking simple “long” or “short” positions.

Options
3. Variable degree of risk
Transactions in options carry a high degree of risk. Purchasers and sellers of options should familiarize themselves with the type of option (i.e., put or call) which they contemplate trading and the associated risks. You should calculate the extent to which the value of the options must increase for your position to become profitable, taking into account the premium and all transaction costs. The purchaser of options may offset or exercise the options or allow the options to expire. The exercise of an option results either in a cash settlement or in the purchaser acquiring or delivering the underlying interest. If the option is on a future, the purchaser will acquire a futures position with associated liabilities for margin (see the section on Futures above). If the purchased options expire worthless, you will suffer a total loss of your investment which will consist of the option premium plus transaction costs. If you are contemplating purchasing deep-out-of-the-money options, you should be aware that the chance of such options becoming profitable ordinarily is remote. Selling (“writing” or “granting”) an option generally entails considerably greater risk than purchasing options. Although the premium received by the seller is fixed, the seller may sustain a loss well in excess of that amount. The seller will be liable for additional margin to maintain the position if the market moves unfavorably. The seller will also be exposed to the risk of the purchaser exercising the option and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying interest. If the option is on a future, the seller will acquire a position in a future with associated liabilities for margin (see the section on Futures above). If the option is “covered” by the seller holding a corresponding position in the underlying interest or a future or another option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited.Certain exchanges in some jurisdictions permit deferred payment of the option premium, exposing the purchaser to liability for margin payments not exceeding the amount of the premium. The purchaser is still subject to the risk of losing the premium and transaction costs. When the option is exercised or expires, the purchaser is responsible for any unpaid premium outstanding at that time.

Additional risks common to futures and options
4. Terms and conditions of contracts 
You should ask the firm with which you deal about the terms and conditions of the specific futures or options which you are trading and associated obligations (e.g., the circumstances under which you may become obligated to make or take delivery of the underlying interest of a futures contract and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances, the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearing house to reflect changes in the underlying interest.

5. Suspension or restriction of trading and pricing relationships
Market conditions (e.g., illiquidity) and/or the operation of the rules of certain markets (e.g., the suspension of trading in any contract or contract month because of price limits or “circuit breakers”) may increase the risk of loss by making it difficult or impossible to effect transactions or liquidate/offset positions. If you have sold options, this may increase the risk of loss. Further, normal pricing relationships between the underlying interest and the future, and the underlying interest and the option may not exist. This can occur when, for example, the futures contract underlying the option is subject to price limits while the option is not. The absence of an underlying reference price may make it difficult to judge “fair” value.

6. Deposited cash and property
You should familiarize yourself with the protections accorded money or other property you deposit for domestic and foreign transactions, particularly in the event of a firm insolvency or bankruptcy. The extent to which you may recover your money or property may be governed by specific legislation or local rules. In some jurisdictions, property which had been specifically identifiable as your own will be prorated in the same manner as cash for purposes of distribution in the event of a shortfall.

7. Commission and other charges
Before you begin to trade, you should obtain a clear explanation of all commission, fees and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss.

8. Transactions in other jurisdictions
Transactions on markets in other jurisdictions, including markets formally linked to a domestic market, may expose you to additional risk. Such markets may be subject to regulation which may offer different or diminished investor protection. Before you trade, you should enquire about any rules relevant to your particular transactions. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should ask the firm with which you deal for details about the types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade.

9. Currency risks
The profit or loss in transactions in foreign currency-denominated contracts (whether they are traded in your own or another jurisdiction) will be affected by fluctuations in currency rates where there is a need to convert from the currency denomination of the contract to another currency.

10. Trading facilities
Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and/or member firms. Such limits may vary: you should ask the firm with which you deal for details in this respect.

11. Electronic trading
Trading on an electronic trading system may differ not only from trading in an open-outcry market but also from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all.

Off-Exchange Transactions

In some jurisdictions, and only then in restricted circumstances, firms are permitted to effect off-exchange transactions. The firm with which you deal may be acting as your counterparty to the transaction. It may be difficult or impossible to liquidate an existing position, to assess the value, to determine a fair price or to assess the exposure to risk. For these reasons, these transactions may involve increased risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime. Before you undertake such transactions, you should familiarize yourself with applicable rules and attendant risks.

Important Consumer Information Regarding State Registered Investment Advisers

1) A broker-dealer (BD), investment advisor (IA), BD agent or IA rep may only transact business in a particular state after licensure or satisfying qualifications, requirements of that state, or only if they are excluded or exempted from the state's broker-dealer, investment advisor, BD agent or IA rep requirements, as the case may be; and

2) Follow-up, individualized responses to consumers in a particular state by broker-dealer, investment adviser, BD agent or IA rep that involve either the effecting or attempting to effect transactions in securities or the rendering of personalized investment advice for compensation, as the case may be, shall not be made without first complying with the state's broker-dealer, investment advisor, BD agent or IA rep requirements, or pursuant to an applicable state exemption or exclusion.

3) For information concerning the licensure status or disciplinary history of a broker-dealer, investment advisor, BD agent or IA rep, a consumer should contact his or her state securities law administrator.

Investment Adviser Registration

RadRoch, Inc. is registered as an investment adviser under the Investment Advisers Act of 1940 and is also regulated by the FSA.  RadRoch, Inc. and its affiliates may only transact business or render personalized investment advice in those states and international jurisdictions where we are registered or otherwise qualified to do so.

Prior Performance in not an Indication of Future Performance

Prior Performance achievements are not necessarily an indication of future performance. In other words, past performance does not guarantee future results.  There are many types of risk and returns, and the tradeoffs among them can result in different positive or negative returns depending upon the subtleties of the specific credit and security characteristics.  Investment return and the principal value of an investment will almost certainly fluctuate and can sometimes entail large losses.

Privacy and Protection of Personal Information

RadRoch, Inc. (“RadRoch”) is committed to maintaining the privacy of any nonpublic information that we obtain about you through your use of the Site.  Except as may otherwise be required by law, we will disclose any such information to service providers of RadRoch (to the extent permitted by law) and to third parties only to the extent necessary or appropriate for the effective management and administration of RadRoch’s operations, the Site, or our investment funds.  Please review our Privacy Policy for further information.

Miscellaneous

All paragraph headings in this Disclosure Statement are for convenience of reference only, do not form part of this Disclosure Statement, and shall not affect in any way the meaning or interpretation of this Disclosure Statement.

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Terms Of Use

Contents of Terms of Use Agreement

Acknowledgment and Agreement
General Information
Venue
Termination
Unauthorized Access and Use
Accurate Information Provided by User
Errors, Inaccuracies, and Site Maintenance
Disclaimers of Warranty
Limitations of Liability
Notices
Proprietary Rights
Use of Links
No Solicitation
Site Not Available in All Jurisdictions
Privacy
Indemnification
Full and Complete Agreement Regarding Website
Agreement in Addition to Other Agreements Between RadRoch and You
No Waiver
Rights and Remedies Given to RadRoch
Binding Upon You and Successors
No Assignment Without Permission
Statute of Limitations
Choice of Law and Personal Jurisdiction
Pre-Dispute Arbitration
Entire Agreement
Severability
Miscellaneous

Acknowledgment and Agreement

Please read these terms and conditions carefully. By accessing this website (www.radroch.com) you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” here). Your agreement shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.

RadRoch, Inc. and its affiliates (referred to as “RadRoch” or “us” or “we”) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.

General Information

This website comprises various websites and pages operated by RadRoch and the information contained therein (together, the "website"). Certain sections of the website may contain separate terms and conditions, which are in addition to this agreement. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

Venue

Please note that this agreement contains important sections below, including a provision requiring you to litigate all disputes relating to your use of this website in Orange County, California.

Termination

We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion.

Unauthorized Access and Use

You may not attempt to gain unauthorized access to the website, or computer systems or networks connected to the website, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the website and then only as authorized by the license we provide to you below under “Proprietary Rights”. Unauthorized use of our website and systems, including, but not limited to, unauthorized entry into RadRoch’s computer networks and systems, or misuse of password is strictly prohibited. “Unauthorized use” includes using the publicly available information for purposes which are (I) not authorized by this agreement, or (II) not consistent with the license set out below in the section titled “Proprietary Rights”.

You may not use the website in any manner that could damage, disable, overburden, or impair the website or any service we provide or interfere with any other party’s use and enjoyment of the website or any service we provide.

Accurate Information Provided by User

You agree that any information you provide to us through the website will be correct and complete.

Errors, Inaccuracies, and Site Maintenance

The information and materials on the website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the website and to suspend or deny access to the website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

Disclaimers of Warranty

THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK.

WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.

WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.

Limitations of Liability

RADROCH AND ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON.

Notices

Our notices to you may include notice of important changes to this agreement. We may send any notice to any address you provide, including email addresses, so it is important that all such information you provide to us be accurate.

Proprietary Rights

All right, title and interest in the website is the exclusive property of RadRoch, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the website, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this website for your personal noncommercial use, and only on one computer. You are not permitted to resell or transfer any information obtained from this website to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement.

RadRoch, the RadRoch logo and other RadRoch or CullTrade trademarks which appear on the website are trade names and trademarks of RadRoch.  The names of other actual companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of RadRoch or the third party that owns the marks.

RadRoch respects the intellectual property of others and asks that our users do the same. It is the policy of RadRoch to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) the electronic or physical signature of the owner of the copyright or of the person authorized to act on the owner’s behalf; 2) identification of the copyrighted work or other intellectual property that you claim is being infringed; 3) identification of the material that you claim is infringing; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Use of Links

The website may contain links to and be linked from third-party websites. These links are provided only as a convenience and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by RadRoch of any information contained in any third-party website. We are not responsible for the information contained on that site or your use of or inability to use the website. If you choose to connect to a third-party website, RadRoch makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does RadRoch warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of our website.

No Solicitation

The information on the website is made available for informational purposes only. None of the public information (without password access) contained in the website constitutes a solicitation or offer by RadRoch to buy or sell any securities or other financial instruments or provide any investment advice. The information on the website (without password access) is limited to the dissemination of general information regarding products and services.

Site Not Available in All Jurisdictions

The information and services provided on the website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where RadRoch is not authorized to provide such information or services. Some products and services described in the website may not be available in all jurisdictions or to all clients.

Privacy

RadRoch respects your privacy. See the Privacy Policy for an important description of the information, including your personal information, we collect from you, and what we do with it. Your agreement to these terms and conditions includes an agreement to our privacy policy.

Indemnification

You hereby indemnify and hold harmless RadRoch and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney’s and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of RadRoch or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.

Full and Complete Agreement Regarding Website

These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein.

Agreement in Addition to Other Agreements Between RadRoch and You

This agreement is in addition to, and does not nullify, any other agreement(s) between you and RadRoch governing the conduct of your relationship with RadRoch.

No Waiver

No waiver, modification or amendment of any of these terms and conditions shall be effective against RadRoch unless it is in writing and signed by an authorized official of RadRoch. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement.

Rights and Remedies Given to RadRoch

All rights and remedies given to RadRoch in these terms and conditions are cumulative and not exclusive of any other rights or remedies which RadRoch otherwise has at law or equity.

Binding Upon You and Successors

These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns.

No Assignment Without Permission

These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of RadRoch and shall inure to the benefit of RadRoch’s successors and assigns whether by merger, consolidation or otherwise. RadRoch may assign this agreement or any of its rights or obligations under these terms and conditions.

Statute of Limitations

Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings.

Choice of Law and Personal Jurisdiction

This website is created and controlled by us in the State of California, U.S.A. The laws of the State of California govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.

Pre-Dispute Arbitration

Any controversy or dispute that may arise between you and RadRoch concerning any transaction or the construction, performance or breach of this Terms of Use Agreement shall be settled by final and binding arbitration. Any arbitration shall be pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. The arbitration panel shall consist of at least three individuals, with at least one panelist having knowledge of investment advisory activities. The parties agree that any arbitration proceeding pursuant to this provision shall proceed in Orange County, California as determined by the rules of the American Arbitration Association, and judgment upon the award rendered may be entered into in any court, state or federal, having jurisdiction.

- Arbitration is final and binding on all parties.

- The parties are waiving their right to seek remedies in court, including the right to a jury trial, except to the extent such a waiver would violate applicable law.

- Pre-arbitration discovery is generally more limited than and different from court proceedings.

- The arbitrators' award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

- The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.

Entire Agreement

This Terms of Use Agreement represents the parties’ entire understanding with regard to the matters specified 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 Terms of Use Agreement.

Severability

If any part of this Agreement is found to be invalid or unenforceable by statute, rule, regulation, decision of a tribunal, or otherwise, it shall not affect the validity or enforceability of the remainder of this Agreement. To this extent, the provisions of this Agreement shall be deemed to be severable.

Miscellaneous

All paragraph headings in this Terms of Use Agreement are for convenience of reference only, do not form part of this Agreement, and shall not affect in any way the meaning or interpretation of this Agreement.

I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS INCLUDING THE PRE-DISPUTE ARBITRATION CLAUSE.

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Additional Forms and Disclosures:

Privacy Policy
Sample Advisory Contract
Code of Ethics

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