Important: The text written in italics is a non-binding, non-legalistic translation of the official and binding text. If you're not a lawyer, this should be helpful.
Following part of this document will include definition of the terms used:
- The Service – the lack of restrictions to access a particular content of the Website, regardless of whether this content is in fact used or not. The term Service does not mean the act of using the Website in any way.
- The Website – www.sunshineprofits.com
- Users – All, who access or establish connection to the Website
- Registered Users – All, who have registered on the Website
- Subscribers – All, who have paid (and we acknowledged the receipt of this payment) for at least one of our Commercial Services. You do not become a Subscriber at the moment you send the payment. You do not become a Subscriber at the moment you access a part of the Website available only to Subscribers. You become a Subscriber at the moment we acknowledge the receipt of your payment.
- Links – Hyperlinks and references to other websites
- Tools - Content of the Investment Tools and Charts sections on the Website
In other words: If you subscribe but then don't use our services because your computer breaks etc., you will still be billed normally. There's a 30-day money back guarantee, though, so no worries.
2. Copyright and Distribution
All rights, including, but not limited to, the intellectual property rights such as content, services, trademarks, service marks, copyright, trade names and other rights used or expressed in the Website are and shall remain the exclusive property of Sunshine Profits, its licensors or third party providers, suppliers of charts or data or other linked services.
You shall not transfer, share, rent, sell, resell or distribute in any other form any material (including, but not limited to, all tools, information, graphics, postings, responses to postings, essays and text), available exclusively for Registered Users. The distribution of essays, reports, messages received from Sunshine Profits, posting them on the Internet is strictly prohibited.
Sunshine Profits’ logos, trademarks, trade names, screen shots, service marks, copyrighted designs, applets found on the Website are copyrighted property of Sunshine Profits.
You agree to use the data, information and results of calculations made using any tool found on this Website only for your own purposes. Any commercial use of any content including, but not limited to, data, information and results of calculations made using any tool found on the Website is forbidden without written permission of Sunshine Profits. If you wish to use any content of the Website for commercial purposes, please contact us for details regarding the availability and pricing.
It is allowed to link to the Website or particular essays or web pages, which can be accessed without registration, however direct links to individual charts, graphics, programs, Java applets, Flash/Flex applications, and data files on the Website are forbidden.
In other words: You can link to us but don't even think about making money on our content without contacting us prior to that. As far as copying free content is concerned, please go to our reprints page for details. http://www.sunshineprofits.com/about-us/reprints/
3. Account information
You shall not transfer, share, rent, sell or distribute in any other form your username or password, that may be used to access your account on the Website. You shall not disclose your password to any third party.
You agree that you are responsible for the confidentiality of your username and password. You are and shall be held responsible for any and all activities that are conducted through your account, whether or not you have authorized such activities or actions. You shall immediately notify Sunshine Profits of any unauthorized use of your password.
The free trial is available only once per each individual. It is forbidden for you to create more than one account per person.
In other words: Don't give out your account details and don't create more than one account. We may block access to all our content for those who violate this rule.
You agree to pay all taxes that are applicable under your jurisdiction, along with payment for the Service.
The payment is made for the ability to access our Commercial Services, therefore all fees, charges and applicable taxes depend on the lack of restrictions to access a particular content or service (as specifically expressed on the respective enrollment screens) - regardless of whether these services, content, information, or websites are used or not.
The beginning date of all Services (including Free Services and Commercial Services) is the day, on which you obtain access to the particular Service or content. In case of Free Services available to Registered Users that is the day of your registration. In case of Commercial Services the beginning date is the day that Sunshine Profits acknowledges the receipt of your payment.
Sunshine Profits refunds payments only if the request is received within 30 days from the date on the receipt, and the maximum refund amount is limited to the amount on this particular receipt. Sunshine Profits will refund only payments for Subscriber's first 3 requests.
As long as you do not cancel the subscription, you are required to pay any and all applicable charges for the Services.
If you pay by a credit card or conduct online money transfer and you do not receive confirmation that the money arrived within 48 hours, you are obliged to contact us in that matter.
In other words: Subscriptions are renewed automatically, however this is done for your convenience, not the other way around - you have 30 days from each payment to request its refund for whatever reason.
You may cancel your subscription at any moment, however, Sunshine Profits refunds payments only if the refund request is received within 30 days from the date on the receipt, which corresponds to the date of the payment for which a refund is requested. Sunshine Profits will refund only payments for Subscriber's first 3 requests. Sunshine Profits does not prorate any payments, charges, fees or taxes (if applicable) on any type of Service, regardless of the term for which the Service has been paid.
Sunshine Profits will process cancellation requests made via e-mail or the contact form on the website within 2 business days. The cancellation that you can do on your own on the website will come into effect immediately.
In other words: If you canceled your subscription but didn't receive a confirmation email from us - it means that we didn't receive your request and your subscription was not canceled. In this case retry or contact us by using either the contact form (http://www.sunshineprofits.com/help/contact-us/) or email: [email protected] Also, be sure to give us some time to cancel the subscription for you - we usually do it within a few hours, but it could take up to 2 business (!) days. If you want to cancel a subscription, it's generally best if you do it yourself on the website - it will cancel the subscription immediately and you'll see it right on your screen.
The pricing of our Services may change. The price that you pay for the Service is valid only for the period that you have paid for. The price may change during your Subscription period. In case of an automatic renewal of subscription, the next payment after the price of Services changed will reflect that change. Your credit card charge or other form of payment will be automatically charged or debited unless you have cancelled your account. To avoid being charged for the next period under new terms, you shall cancel your subscription, prior to the renewal date.
All subscriptions on Commercial Services at Sunshine Profits are provided on a continuous renewal basis. Your subscription shall be renewed for the same period that you were subscribed to, prior to the date of the renewal.
7. Lifetime Subscriptions
The payments for all lifetime subscriptions are non-refundable unless indicated otherwise.
Only one person may use the account. Third parties (family members, business partners, friends etc.) could be added to a given account at preferred terms, but in each case the terms, on which the account could be shared, will be confirmed in writing. Unless a clear permission is given, it is not allowed to share the account information with any third party.
Sunshine Profits or individual authors cannot and do not guarantee the continuity of any service. The payments for lifetime subscriptions will be partially refunded for individual products only if all of the following conditions are met:
- the product that the subscription was provided for ceases to exist (this does not cover changing the author of the publication)
- the refund is requested in writing (e-mail or using the contact form is sufficient)
- the refund is requested within the first 3 years after the payment for the lifetime subscription.
In other words: In general, there are no refunds when it comes to the Lifetime Subscriptions (it might be a good idea to initially subscribe to a regular subscription to try a given product before subscribing to its lifetime version). Even though we’ll strive to provide the service as we do when you subscribe (or provide more after some time instead of providing less), we can’t guarantee anything because “lifetime” is a very long time and since our work is mostly analyst-dependent, a lot can change. For instance, if your favorite author falls into a coma we don’t want to risk breaking company’s liquidity in case there are multiple refund requests at that time. We will strive to make sure that you are happy with our services, but since we can’t know what happens in a few years, we can’t legally guarantee everything.
8. Risks and warranties
You agree to use the Services solely at your own risk. Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, agents, data providers, other content providers, licensors) DO NOT warrant completeness, accuracy and reliability of any content on the Website or sent as an e-mail message, posted in any section of the Website or responses for messages or postings, or any content found or services offered on any other websites (including, but not limited to, websites, links to which can be found on the Website). Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) DO NOT warrant that the service or websites, links to which can be found on the Website shall be free of errors, viruses or potentially harmful codes. Sunshine Profits disclaims all warranties - express, implied or statutory (including, but not limited to, the warranties of merchantability, title, fitness for a particular purpose and non-infringement of third party rights). Sunshine Profits shall not be held responsible or liable for any damages of any kind arising from the use of the Website, including without limitation, direct, indirect, incidental, punitive and consequential damages.
No information, data, formulas used to make calculations on the Website is guaranteed to be accurate, complete, useful or timely. Sunshine Profits in not a publisher of content supplied by third parties including but not limited to data providers.
The Website and all its contents (including, but not limited to, all tools, charts, codes, software, applets, applications, information, graphics, postings, responses to postings, essays, text and links) are provided on an "as is" and "as available" basis.
In other words: We prepare our analysis and tools based on data from sources that we find trustworthy, but as they don't legally guarantee the accuracy of their data, neither can we. We will serve you to the best of our abilities, but it will be you who makes the investment decisions and makes the trades/investments. More importantly, we are not responsible for anything what you do or don't do based on our services. You are responsible for your investment decisions (and investments/speculation are risky) - not us.
Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) shall not be liable for damages of any kind (including, but not limited to, direct, indirect, special, incidental, consequential damage, losses or expenses that arose in connection with the Website) connected with the Website in any way (including, but not limited to, the use or the inability to use any tools, programs, software Java applets, Flash/Flex applications, videos, codes, information, charts, graphics, postings, responses to postings, essays, text, links or the Service itself) or with the use the information contained on the Website for any reason whatsoever.
Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) shall not be liable for any interruption in the access to the service (including, but not limited to, the failure to access website, other omissions and errors, interruptions, delays, defects, computers viruses or any other harmful codes, system or connection failures).
Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) shall not be liable for any content found or services offered on any other websites (including, but not limited to, websites, links to which can be found on the Website). You agree that you use such websites at your sole risk.
All of the limitations contained or referred to herein apply whether or not the party liable or allegedly liable knew (or had the possibility to obtain such information) about the possibility of damage, injury or harm.
This protection covers claims based on warranty, contract, tort, strict liability and any other legal theory.
Mr. Radomski, Sunshine Profits and any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, and licensors) is not responsible or liable for any offensive, illegal, calumniatory or libelous conduct of any User.
You understand that at times unexpected events and system failures may negatively influence or even totally disrupt Sunshine Profits' or third party's (including, but not limited to, data providers) ability to update data, charts, content, sending messages, processing orders and payment. You agree that Sunshine Profits may not be liable for damages, harms or injuries resulting from such events.
The total liability of Sunshine Profits for claims of injuries, losses or damages shall be limited to the amount of your actual damages, not to exceed the amount paid by you to Sunshine Profits during the six (6) months, prior to any claim of injury or damage. You fully and explicitly agree that any claim shall not exceed this amount in any event.
In other words: This is a message to other lawyers that more or less says "Don't bother."
A complaint must include first name, last name, and login used to access the Service, as well as detailed description and reason for submitting a complaint.
Complaints shall be considered by Sunshine Profits within 15 business days upon receiving the complaint in the aforementioned form. Confirmation will be sent when a complaint is received. If you do not receive such confirmation, this means that your complaint has not been received and is not being considered. You are responsible for making sure that your complaint is received.
The person submitting a complaint shall be notified on the manner of considering the complaint by e-mail, to the address corresponding to the provided login. Only under special circumstances, will other e-mail address be used. Such e-mail address shall be provided by the User in the content of the complaint.
In other words: It usually takes us between 0 to 2 business days to reply to a message, but we guarantee a reply to a complaint within 15 business days.
11. Priority of transactions
Mr. Radomski provides investment management services for his private gold investment fund and managed trading service, and the results of his work may benefit the clients of these services before they are presented in any analysis or alert via the Website. Mr. Radomski further manages his own capital through these services, and therefore may benefit personally from his work prior to any analysis or alert being made available via the Website.
In other words: We may be placing trades before writing about it. However, it's not done in order to trade before our clients, but rather to trade along with our clients. Naturally, this applies to the clients, who wanted us to manage their capital – in the case of our alerts, we can’t know if our analysis is used to manage one’s capital or not (or perhaps it is used along with some other source of signals or perhaps only to a limited extent etc.). In the case of both the private fund and managed trading, the capital of our clients and our own is treated in exactly the same way. In other words, we treat our clients’ capital as our own.
12. Other provisions
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Sunshine Profits does not guarantee the security of any information electronically transmitted and is not liable if the information contained in a message sent using any communication method is not a proper and complete record of the message as transmitted by the sender, nor for any delay in its receipt.
The Service provider shall not provide content which is illegal.
This agreement is governed by the laws of the Republic of Poland. You consent to the exclusive jurisdiction and venue of courts in the Republic of Poland in all disputes arising out of or relating to the use of this Website. The use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions contained herein, including without limitation this paragraph.
The payments are serviced by PayLane sp. z o.o., Arkońska 6/A3, 80-387 Gdańsk, Poland, company #0000227278.
You shall not copy or modify the HTML code used to generate web pages on the Website. You shall not use the Website, its content, or services on or in connection with any other website, for any purpose.
In other words: A typo doesn't invalidate this agreement, we will not provide you with illegal stuff, and since we're legally registered in Poland, this is where you'll have to fly if you want to sue us.
All essays, research and information found on the Website represent the analyses and opinions of Mr. Radomski and Sunshine Profits' associates only. As such, it may prove wrong and be a subject to change without notice. Opinions and analyses were based on data available to authors of respective essays at the time of writing. Although the information provided on the Website is based on careful research and sources that are believed to be accurate, Mr. Radomski and his associates do not guarantee the accuracy or thoroughness of the data or information reported. The opinions published on the Website belong to Mr. Radomski or respective associates and are neither an offer nor a recommendation to purchase or sell securities. Mr. Radomski is not a Registered Securities Advisor. Mr. Radomski does not recommend services, products, business or investment in any company mentioned in any of his essays or reports. Materials published on the Website have been prepared for your private use and their sole purpose is to educate readers about various investments. By reading Mr. Radomski's essays or reports you fully agree that he will not be held responsible or liable for any decisions you make regarding any information provided in these essays or reports. Investing, trading and speculation in any financial markets may involve high risk of loss. We strongly advise that you consult a certified investment advisor and we encourage you to do your own research before making any investment decision. Mr. Radomski, Sunshine Profits' employees and affiliates, as well as members of their families, may have a short or long position in any securities, including those mentioned in any of the reports or essays, and may make additional purchases and/or sales of those securities without notice.
In other words: If it wasn't already clear, we are not responsible for your investment decisions - you are.
228 Park Avenue South
New York, NY 10003
United States of America