Usage Agreement / Copyright notice 

 

 

United Dynamics Corp. Reserves the Right to discontinue this service at any time. 

This information contained on this site is copyright © 2000, 2001 United Dynamics Corp. ( a Colorado corporation) All Rights Reserved

Copyright Notice Items on this site are copyright © 2000, 2001 United Dynamics Corp. ( a Colorado corporation) All rights reserved. The information presented here may not under any circumstances be resold or redistributed for compensation of any kind without prior written permission from United Dynamics Corp. ( a Colorado corporation).

BY USING THIS SERVICE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

The editors and producers of United Dynamics Corp. ( a Colorado corporation) and/or www.superforce.com (SuperForce.com) claim no responsibility for the accuracy, content, or availability of information accessed or linked to through use of its service. In addition, users of SuperForce.com are encouraged to determine what restrictions the authors and providers of linked-to Web sites have placed upon use of the information contained in those Web sites, and to abide by all restrictions placed on that information by such authors and providers.

CHURNING: Many brokers and financial institutions are expected to endorse this method regardless of their opinion of whether it works or not as they make their money from the trades, the more trades made the more money they receive. Beware of "churning", it is the excessive trading by a broker- usually unauthorized- that is generated primarily for the commissions. The courts view the unacceptability by analyzing whether the transactions of purchase or sale were excessive in size or frequency in view of the financial resources and character of a customer's account. Most churning occurs where a broker has discretion to trade the account. In such cases, it is not necessary that the broker receive prior approval from the client for completing a transaction.

Apparently the courts have held that a broker/dealer cannot normally be held liable for overtrading of an account where the transactions are initiated by the client. 

Though most churning involves trades of individual securities, the SEC also discourages the trading of mutual funds on a short term basis. Mutual funds are, for the most part, still considered longer term investments. Short term trading of a loaded mutual fund can result in commissions as high as 8 1/2%

United Dynamics Corp. and www.superforce.com  recommend using free phantom portfolios, as you are not actually trading real stocks. United Dynamics Corp. and www.superforce.com do not recommend using any method with real securities or mutual funds.

Restrictions on Use. This Service is owned and operated by United Dynamics Corp. ( a Colorado corporation) and its affiliated companies and contains material which is derived in whole or in part from material supplied and owned by United Dynamics Corp. ( a Colorado corporation) , Service Provider and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by United Dynamics Corp. ( a Colorado corporation) and/or www.superforce.com (SuperForce.com) , Service Provider or their licensors, and neither United Dynamics Corp. ( a Colorado corporation) and/or SuperForce.com nor Service Provider, nor their licensors, transfer title to any such Material to you.

Content Disclaimer. United Dynamics Corp. and/or SuperForce.com solely provides information to its users and is not intended to provide investment advice. United Dynamics Corp. and/or www.SuperForce.com does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, the views, opinions or recommendations on www.SuperForce.com, advocate the purchase or sale of any security or investment, or the use of any particular trading strategy.

Trading with Online Brokerage and Mutual Fund Firms. The Service provides links to online trading services for your convenience only. These online trading services are provided by registered broker dealers and mutual fund companies, and such broker dealers and mutual fund companies are solely responsible for any services provided to you. Neither United Dynamics Corp. and/or SuperForce.com nor Service Provider is a registered broker dealer or mutual fund company, and neither United Dynamics Corp. and/or SuperForce.com nor Service Provider endorses or recommends the services of any particular broker dealer or mutual fund company.

Trademarks. United Dynamics Corp., SuperForce, SuperForce.com, Ion Ratio, Ion Ratio Forecast, are registered trademarks of United Dynamics Corp. ( a Colorado Corporation), and all trademarks, service marks and trade names used on the Service are the property of United Dynamics Corp. or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of United Dynamics Corp. or the owner of such trademark, servicemark or trade name.

Limitation of Liability.
IN NO EVENT SHALL UNITED DYNAMICS CORP. AND/OR SUPERFORCE.COM, SERVICE PROVIDER, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF UNITED DYNAMICS CORP. AND/OR SUPERFORCE.COM, SERVICE PROVIDER OR ANY OF THEIR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER UNITED DYNAMICS CORP. AND/OR SUPERFORCE.COM, SERVICE PROVIDER, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Indemnification. You agree to defend, indemnify and hold harmless United Dynamics Corp. and/or SuperForce.com Service Provider, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

Infringement Policy.  United Dynamics Corp. and/or SuperForce.com, on behalf of itself and Service Provider, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. United Dynamics Corp. and/or SuperForce.com and Service Provider accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c),  United Dynamics Corp. and/or SuperForce.com, on behalf of itself and Service Provider, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

Guy Cramer
United Dynamics Corp.
Suite 330, 1919 14th Street, 

Boulder, Colorado  
80302
604-961-7046
gcramer@uniteddynamics.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Modification. United Dynamics Corp. and/or SuperForce.com reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.

Jurisdiction. Unless otherwise specified, the materials on this Service are presented solely to provide information regarding and to promote United Dynamics Corp. and/or SuperForce.com and other products available in the United States, its territories, possessions and protectorates. This Service is controlled and operated by United Dynamics Corp. from its offices within the state of Colorado, and by Service Provider from its offices within the state of California, United States of America. United Dynamics Corp. and/or SuperForce.com and Service Provider make no representation that materials on this Service are appropriate or available for use outside the United States. Those who choose to access this Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Service is further subject to United States export controls. No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Departmentís Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of United Dynamics Corp. and/or SuperForce.com. Any assignment other than as provided for in this Section shall be null and void, ab initio. If any provision of this agreement shall 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 and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.