Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY.
The information contained herein is subject to change without notice.
The words "this service" refer to the Wicked Profits service which is owned and operated by Wicked Profits, LLC.
The words "you," your" and "yours" mean the person who joined the Wicked Profits service.
The words "this site" or "this website" refer to wickedprofits.com.
"We," "our" and "us" refer to Wicked Profits, LLC.
By joining the Wicked Profits service or by accessing any part of wickedprofits.com, you are agreeing to accept and abide by all Terms and Conditions listed in this contract.
If you do not agree with any portion of this contract, do not join the Wicked Profits service.
These Terms and Conditions shall become effective the day you join the Wicked Profits service and shall continue on for a period of up to two years beyond your cancellation date to our service.
Subscription LengthTrial subscriptions last for 60 days beginning on the day you join the Wicked Profits service. Non-trial subscriptions last for 30 days, 90 days, 180 days, or 365 days beginning on the day your trial membership to the Wicked Profits service expires.
Billing Policy
All sales are final. All charges (including trial charges and re-bill charges) are non-refundable.
Initial Charge After Trial Policy
Failure to cancel your membership before the end of your 60 day trial period will result in a subsequent charge for a non-trial 30 day membership plan, 90 day membership plan, 180 day membership plan, or 365 day membership plan. You will not be notified before being billed this charge. This charge is non-refundable.
Re-Billing Policy
Each month or every three months you will be automatically re-billed by us the same subscription fee until you cancel your membership. You will not be automatically re-billed for 180 day or 365 day membership plans. You will be responsible for notifying us before your 180 day or 365 day membership plan expires that you would like to renew your membership. You will not be notified before being re-billed. Failure to cancel your membership before your re-billing date for 30 day and 90 day membership plans will result in a non-refundable charge for the same subscription fee.
Trial Policy
You agree that the 60 day trial offer applies only to new customers. If you, or anyone else at your address, previously joined our service and you sign up again, you will be charged the trial fee plus an additional fee in the amount of the difference between the trial fee and the regular fee of the service plan you signed up for (90 day subscriptions) or the expiration date on your account will be decreased by 30 days (30 day subscriptions). This charge is non-refundable. Limit one trial per household / email address / credit card number / phone number.
Member Policy
Only the customer subscribing to this service and his/her immediate family are entitled to access the members area of wickedprofits.com and to use the information posted on wickedprofits.com. Our recommendations may only be traded in your personal account. You may not sell or otherwise use the information published on this site for any commercial or private purpose including, but not limited to, trading the same or similar recommendations in somebody else's account, selling or otherwise sharing the same or similar recommendations with others, or pooling money with others to benefit from the advice published by this service using a single Wicked Profits subscription meant for personal use.
Users of this service are strictly prohibited from using our same or similar recommendations within a mutual fund, hedge fund, investment pool, or in any other fashion associated with managing an account or managing money of another individual or entity including auto-trading. Users of this service are strictly prohibited from using any information posted within the members area of this site to produce their own option recommendations or trade ideas which are subsequently sold, shared, or utilized by an investment pool, hedge fund, mutual fund, money management service, advisory service, publishing service, or auto-trade service. The information posted on wickedprofits.com is for personal use only and for the subscriber's benefit only.
You may not reproduce or republish any information contained within this site for any reason. You may not start a company, operate a company, work for a company, or otherwise be compensated by a company offering investment advice or otherwise publishing any information related to options trading at any time while an active customer of this service or within two years of canceling your subscription to this service.
You may not start, operate, work for, or be compensated by an investment pool, hedge fund, mutual fund, money management service, advisory service, publishing service, or auto-trade service which invests in options, shares information related to options trading, or publishes information related to options trading at any time while an active customer or within two years of canceling your subscription to this service. You may not be compensated by an individual or any other entity for the knowledge gained by using this service during the course of your subscription or within two years of canceling your subscription to this service.
Breach of this section by you will result in immediate account cancellation without refund and a permanent ban from this service along with possible legal and/or criminal recourse. Parties acknowledge that the extent of damages and the measure of such in the event any portion of this section is breached may be impossible or extremely difficult to calculate. Wicked Profits, LLC may require you to pay us an amount of $90 per month (or the current monthly subscription fee for a Wicked Profits subscription) for each person that was not an active customer of our service but may have benefited from the information posted in the members area of wickedprofits.com or from the knowledge you gained by using our service as liquidated damages for breaching this section. This amount is not intended to be a penalty but rather a reasonable estimate as to the damages against Wicked Profits, LLC if any portion of this section is breached by you. Wicked Profits, LLC does not waive any right to seek additional relief, equitable or otherwise, concerning any breach of this section.
Cancellation Policy
Customers may elect to cancel their membership at any time. Refunds are not and will not be given. Cancellations are not accepted via email or phone. You must cancel using our automated system by clicking on the button titled "Change Your Account" located on our "Contact Us" page.
Copyright and Limitations on Use
The information available through wickedprofits.com is the property of Wicked Profits, LLC and may be displayed, formatted and printed for your personal, non-commercial use only. You may not reproduce, distribute, sell, publish, broadcast, or circulate the information received through wickedprofits.com to anyone, including, but not limited to, others in the same company or organization, without prior written consent of Wicked Profits, LLC.
You may not post any content from wickedprofits.com to newsgroups, mail lists, electronic bulletin boards, or any other electronic service without prior written consent of Wicked Profits, LLC including facts, views, opinions, and educational information.
Disclaimer of Warranties and Liability
Due to the number of sources from which news and information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. Wicked Profits, LLC, its affiliates, and employees cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness of information available through wickedprofits.com. In no event will Wicked Profits, LLC, its affiliates, and employees be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Wicked Profits, LLC shall not be liable to you or anyone else for any loss, injury or damage, monetary or otherwise, resulting directly or indirectly from the use of the Wicked Profits service or from information presented at wickedprofits.com (including, without limitation, consequential, special, incidental, direct, or similar damages). Even if advised of the possibility of such damages, the liability of Wicked Profits, LLC, its affiliates, and employees, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with Wicked Profits, LLC or the information at wickedprofits.com shall not exceed the amount you paid to Wicked Profits, LLC for the use of the Wicked Profits service. Your access to and use of the Wicked Profits service is at your sole risk.
Wicked Profits, LLC, its affiliates, and employees are not responsible for your inability to log-in to the members area of wickedprofits.com, either because of poor internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility or any other problem. We will make every effort to ensure that the wickedprofits.com servers remain operational with adequate performance and response time. However, there may be times when the wickedprofits.com servers are down or response time is slow due to power outages, network problems, regular maintenance, high traffic volumes, or other reasons. Wicked Profits, LLC, its affiliates, and employees are not responsible or liable, for any loss or damage caused by your inability to use or access wickedprofits.com, whether or not caused in whole or part by negligence from Wicked Profits, LLC.
This service is provided "as is," without warranty of any kind, either expressed or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with Wicked Profits, LLC. Wicked Profits, LLC disclaims any and all warranties. This disclaimer of liability applies to any damages or injury caused by any aspect of the Wicked Profits service.
Information Related To Guarantees, Trade Results, and Return Statistics
We cannot and will not guarantee that you will not lose money or that you will make money from the information posted on this website. Past results do not guarantee future results. Option trading involves substantial risk. You can lose money trading options and the loss can be substantial but is limited to your investment when trading our recommendations. Losing trades can occur, have occurred in the past, and will occur in the future. Only risk capital should be invested since it is possible to lose all of your principal. Your use of this site is at your own risk. You should read "Characteristics and Risks of Standardized Options" to further understand the risks of trading options.
We are not licensed financial planners, financial advisors, stock brokers, investment brokers, or investment advisors. Before making any trades, check with a financial planner, investment advisor, tax advisor, or anyone else that controls your finances to make sure option trading is right for you. Wicked Profits is a financial publication service of general circulation and therefore the information provided on this site should not be construed as individual investment advice. All information presented on this site is the opinion of Wicked Profits only and is not a solicitation to buy, sell, or hold any investment or security of any kind.
The information that is distributed on wickedprofits.com has been obtained from sources deemed reliable but cannot be guaranteed accurate or complete. The subscriber should proceed with caution and be responsible for independently researching the information on this site.
Wicked Profits uses the fill prices reported to us by optionsXpress as part of the auto-trade service to determine past performance numbers. Our performance numbers do not include commissions or other various fees which will decrease the amount of money you could make trading. If you choose to manually trade each recommendation, your performance may differ from the performance numbers stated due to the way auto-trade orders are routed and executed.
optionsXpress and Xecute are registered service marks of optionsXpress Holdings, Inc. This website and Wicked Profits, LLC are not affiliated with optionsXpress. optionsXpress does not sponsor or endorse the services and products of this website or Wicked Profits, LLC.
Chargeback Requests / Credit Card Charge Disputes
As a credit card holder, you have a right to dispute any charge you see appearing on your credit card statement. However, we believe, due to our exemplary customer service, automatic cancellation system, and our clearly stated no refund policy, chargeback requests are never necessary.
If you believe we made a billing error, please contact us via email using the email address on our "Contact Us" page. We will provide you with complete details regarding your subscription including the date you joined the Wicked Profits service, the date your trial period ended, the subscription plan you signed up for, the dates we billed your credit card, and the date you notified us that you wished to cancel your account.
After receiving a chargeback, we must fully investigate the chargeback, make copies of all documents and records justifying why your chargeback is invalid, and then we must write a letter to our merchant bank explaining the entire situation. We are also assessed a non-refundable processing fee by our bank regardless of whether or not we win the dispute. Chargeback requests waste our time, resources, and cost us money.
If you dispute a charge made by us with your credit card company and we win the dispute, you will be assessed a $150 fee. Your account will then be handed over to a collection agency to collect this fee. We will no longer be able to communicate with you at that point.
The $150 fee is not a penalty for disputing the charge since it is your right, as a credit card holder, to dispute any charge you wish. This $150 fee is required to cover the fee charged to us by our merchant bank, our time and resources that were wasted to investigate and respond to the frivolous chargeback, and the fee that we must pay a collection agency.
If you dispute a charge made by us with your credit card company and we lose the dispute, you will not be assessed the $150 fee. However, the original charge that was successfully disputed will be handed over to a collection agency and all actions stated above will be taken.
We regret having to enforce the above policy but we must do so in order to deter customers from disputing charges which were completely justifiable.
Auto-Trading
You may not hold Wicked Profits, LLC, its affiliates, and employees liable for any losses or damages (including, without limitation, consequential, special, incidental, direct, or similar damages) that may arise due to auto-trading our recommendations through the optionsXpress Xecute service whether or not caused in whole or part by negligence from Wicked Profits, LLC and/or optionsXpress.
Due to circumstances beyond our control or circumstances within our control, errors or problems may occur when auto-trading including trades recommended may not be executed or trades not recommended may be executed. You understand that auto-trading involves human transmission and entry of each trade and therefore may involve human error or computer error.
If any error or problem occurs in whole or in part by negligence from Wicked Profits, LLC and/or optionsXpress in connection with auto-trading leading to a monetary loss and/or damages of any kind, you will accept that monetary loss and/or damage as part of the inherent risk of auto-trading and therefore will not pursue any legal action of any kind against optionsXpress or Wicked Profits, LLC, its affiliates, and employees, nor will you request from Wicked Profits, LLC, its affiliates, and employees a refund or compensation for any loss and/or damage of any kind that you may have experienced due to an error or problem created by Wicked Profits, LLC and/or optionsXpress.
You must defend, indemnify, and hold Wicked Profits, LLC, its affiliates, and employees harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from auto-trading. Even if advised of the possibility of such damages, the liability of Wicked Profits, LLC, its affiliates, and employees, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with auto-trading shall not exceed the amount you paid to us for the use of the Wicked Profits service. With auto-trading, there exists a certain degree of risk.
The subscriber should proceed with caution before beginning the auto-trading service. Your access to and use of the auto-trading service are at your sole risk.
Further understand, it is your responsibility to withdrawal from the auto-trading service at the time in which you cancel your account with Wicked Profits or at any other time in which you decide to stop auto-trading by updating your settings with optionsXpress. Although Wicked Profits actively monitors whose accounts it is auto-trading and the membership status of each account, due to delays in processing time or other circumstances, trades may be automatically executed in your account despite no longer being a member of the Wicked Profits service or no longer wishing to have your account auto-traded.
Therefore, at any time in which you wish to cancel auto-trading (either due to canceling your account with Wicked Profits or otherwise), you must manually disable the auto-trade feature through optionsXpress. Failure to do so may result in trades that you do not wish to make. You may not hold Wicked Profits, LLC, its affiliates, and employees, liable for any trades that may be executed (and the losses associated with them) after canceling your account with Wicked Profits or after deciding you no longer wish to auto-trade. For complete instructions on disabling the auto-trade feature through optionsXpress, please contact optionsXpress or review their website for details.
Also understand, due to delays in processing time or other circumstances, you may miss recommendations when first requesting to auto-trade since each auto-trade signup through optionsXpress requires the manual approval of Wicked Profits. If you do not give Wicked Profits sufficient time (five business days, assuming the name and email address on your optionsXpress account matches the information used to join Wicked Profits) to activate your account before new recommendations are posted, you may miss those recommendations.
If the name and email address on your optionsXpress account does not match the name and email address given to Wicked Profits when joining our service, further delays will be experienced in getting you approved for auto-trading meaning we may need more than five business days to get you set-up and you may miss recommendations. You may not hold Wicked Profits, LLC, its affiliates, and employees, liable for missing any trades due to the failure of Wicked Profits to activate your auto-trade account before those trades were recommended. No refunds will be offered if you miss any trade due to a delay by Wicked Profits to approve and activate your auto-trade account through optionsXpress before new recommendations are posted.
You are responsible for understanding how to use the features on the Xecute settings page through optionsXpress and for the set-up, monitoring, and maintenance of your Xecute profile settings. If you cancel your subscription to Wicked Profits, you are solely responsible for updating your Xecute profile settings to disable auto-trading.
Your auto-trade privileges may be terminated at any time for any reason.
The auto-trading service is provided "as is," without warranty of any kind, either expressed or implied. Wicked Profits, LLC disclaims any and all warranties. This disclaimer of liability applies to any damages or injury caused by auto-trading. Participation in the auto-trading service constitutes your acceptance of all terms and conditions relating to auto-trading and the Wicked Profits service.
Arbitration
This agreement shall be governed by the laws of the United States of America and the State of Michigan. Any disputes between parties shall be submitted to binding arbitration to be conducted pursuant to the rules of the American Arbitration Association at the Detroit Regional Office. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Any award may include, but is not limited to, an award for punitive damages, compensatory damages, attorney fees, arbitration costs, or any other associated costs.
Forceful Account Termination
We reserve the right to terminate your subscription or any portion at our sole discretion, without notice and without limitation, for any reason whatsoever. A terminated member will receive a pro-rated refund and their account will be disabled immediately.
Additional Information
You may print and keep a copy of these Terms and Conditions for your records. These Terms and Conditions are personal to you and you may not assign your rights or obligations to anyone. If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
Last revised: 06/19/06
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