Iconic Asset Management Group LLC (“Iconic Asset” “We” “Us” and “Our”) owns and operates the website www.nydough.com (“Website”) and the Twitter Account “@nydough_pro” (the “Account”). By subscribing to this Website and/or the Account and/or by purchasing therefrom you, the end user (“You” and “Your”), hereby accept and agree to the Terms of Service as follows:
I. Layman Private Information Service Only.
You agree and understand that Iconic Asset, as well as its owners, employees, contractors and agents (“We” “Us” and “Our”) are not investment advisors, securities brokers, investment advisory services, registered analysts, broker-deals, or licensed advisors of any kind. We do not hold ourselves out as licensed, and We are not offering professional advice or recommendations. All information provided through the Website and/or the Account, including information posted by Us, and/or Website and/or Account contributors, users, and subscribers, is made strictly for educational and entertainment purposes, to share layman opinions, general commentary, information and education without regard to anyone’s individual investment goals, financial circumstances, investment knowledge and abilities or personal attitudes toward investing or trading.
II. Disclaimer – Trade At Your Own Risk.
You understand and agree that information provided through the Website and the Account is anecdotal layman opinion and information, and cannot and should not be relied upon for investment purposes. If you seek investment advising, contact a professional investment advisor.
You agree to vet any opinions or information provided herein with other sources. You agree that any decision that You make concerning an investment or trade is Your decision alone, and that You alone are responsible for the consequences of Your investment decisions. Investors can and do lose money from investments. Options involve substantial risk and are not suitable for all investors. You are responsible for 100% of the risk associate with all of your investment decisions.
Opinions, thoughts and ideas provided through the Website and the Account are derived from public sources and other sources without independent verification. We cannot assure You that any information communicated through the Website and/or the Account is accurate or complete. We do not in any way warrant or guarantee the success of any action which You take in reliance on Our communications.
The ideas, opinions and recommendations on the Website and Account, and in any related web meetings, chat rooms, and/or cyber or telephone discussions are based on Our private layman opinions and views of markets. We do not offer advising, and we will not advise anyone concerning the nature, potential, value or suitability of any particular investment. You are required to learn, analyze, and evaluate the risks involved in participating in all markets and in making any investment or trade. You agree to and are required to perform your own independent research, prior to making any trade.
Opinions, ideas, and thoughts provided through the Website and/or Account are not intended to be personalized recommendations to buy, hold, or sell any securities. Investments in the securities markets, and especially in options, are extremely speculative and involve substantial risk. All options investments mentioned on the Website or Account involve 100% risk. Only You can determine what level of risk is appropriate for You.
Investments or strategies mentioned on the Website and/or Account, including any articles, videos or other materials may not be suitable for You. This material does not take into account Your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for You. You must make an independent decision regarding investments or strategies mentioned on this website, including any of the articles, videos or any other material mentioned. Before acting on information on the Website or Account, You should consider whether it is suitable for Your particular circumstances and strongly consider seeking advice from Your own financial or investment adviser. Investors should be aware of potential risks involving options trading, including losses, and are advised to consult with an investment professional.
You agree and hereby do release and hold Iconic Assets, its owners, employees, contractors, contributors, subscribers, and agents, completely harmless from any and all losses that may occur, for any reason or cause, derived from Your subscription to or use of the Website and/or Account, including but not limited to damages related to claims of negligence on the part of Us, or our contributors, users, or subscribers, as a result of Your use or reliance on information provided through the Website or the Account, information posted on the Twitter feed or through any related newsletter or website, information posted by other users or commentators, or in any communications whatsoever, including but not limited to social media postings, web meetings, cyber or telephone calls, emails, website information or internet posts.
IV. Subscription Terms
Your monthly subscription fee entitles You to access to Our private content provided through the Website and/or Account. You are not paying for investment advice, and You acknowledge that We are not registered investment advisors nor are We registered with any regulatory authority.
V. Website and Account Content
Content, as used herein, is defined as any information provided by Us through the Website and/or Account, whether in the form of a post, article, web chat, cyber or telephone call, and whether in written, oral or video form, or any other form whatsoever; as well as any and all information provided by users, subscribers, or commentators, through the Website or Account, or during web chat or calls.
Any performance statistics or claims appearing on the Website or Account are based on a generic portfolio and are not an indication of results You can achieve in Your portfolio with Your own trading. We are only providing layman opinions, ideas, and thoughts intended for entertainment, informational and educational purposes only. Success rates are variable and subject to change. Trading involves substantial risk.
All Content provided by Us on the Website and Account is Our property and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
1. Your Contributions.
i. You agree and hereby do grant a world-wide non-exclusive royalty-free perpetual license to Us to use, sell, and/or sublicense any and all information, opinion, article or any other content provided by You through use of the Website or Account, and to make any derivative works there from.
ii. You agree not to Post on the Website and/or Account any information or Content of any kind to which you do not have direct ownership, the copyright, or license to post.
2. Your Liability.
You agree that You are solely responsible for Your posting of any information on the Website no matter the form. By posting on the Website or Account, You agree that You are solely liable for any and all damages resulting to Users, Subscribers, or third-parties of any kind from their use of Your information. You agree and hereby do indemnify Us from any and all damages that We may incur including damages related to any claim or suit, attorney’s fees, and costs related to any claim deriving from Your postings.
3. Your use of Our Content.
You agree not to:
i. Repost, reproduce, duplicate, copy, print, or otherwise share any Content provided on the Website or Account without our permission.
ii. Download, display or use any Content located on or provided by the Website or Account for use in any publications, videos, postings, public performances, or for any other commercial or non-commercial purpose;
iii. Use the Website and Account Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits Us or our users, contributors, and subscribers and/or that otherwise infringes Our intellectual property rights.
iv. Create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Us, without our Consent.
v. Sell or rent any feature, membership or content obtained directly or indirectly from Us.
vi. Promote your own commercial or personal websites, blogs, Twitter ™, Facebook™, social media, email accounts or any other content related to any paid service without our prior written permission.
VI. Limitation of Liability.
THE WEBSITE AND ACCOUNT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE — USE OF OR INABILITY TO — USE THIS SITE, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CA– USED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CA– USES OF ACTION EXCEED THE COST YOU PAID TO US TO ACCESS THE WEBSITE AND/OR ACCOUNT.
VII. Applicable Law.
These Terms of Service and the resolution of any disputes related thereto will be construed in accordance with the laws of the State of New York. The Website and Account can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, You agree that the statutes and laws of the State of New York, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Website and Account.
We make no representation that material on the Website or Account is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Website or Account from other locations do so by their own initiative and are responsible for compliance with local laws.
VIII. Third Party Websites
Through use of the Website and/or the Account, You may find links to websites, and/or other social media platforms, not maintained or related to Us. Any hyperlinks provided by Us are provided as a service to users and are not sponsored by, endorsed by, or affiliated with Us. Also, You may encounter links posted by Other Users or Contributors. Such links are also not sponsored by, endorsed by, or affiliated with Us.
IX. Payment [TD1]
A. Payment Policy
You agree to make payment via Paypal, a third-party payment processor. By purchasing a product or services from Us, You demonstrate Your assent to the use of Paypal as the third-party payment provider and you agree to Paypal’s Policies as follows:
1. User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#top and any amendment thereto;
3. Acceptable Use Policy available at https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full and any amendment thereto; and
4. Electronic Delivery of Payment Policy available at https://www.paypal.com/us/webapps/mpp/ua/esign-full and any amendment thereto;
as well as any future Paypal Policy updates and changes as may occur.
We reserve the right to change the third-party payment provider at any time without notice. You will not be granted access to products or services until your payment has cleared.
B. Recurring Payment.
By subscribing to the Website and/or Account, You agree to be charged a recurring payment at a regular interim at the rate posted at the time that you subscribe. You agree that the interim rate may be changed by Us at anytime. If you do not agree to a rate change, You may notify Us to cancel Your subscription.
If the payment method provided is not working, We will notify You, and You will have the option to update Your payment method or Your account will be Closed. Closure of Account will result in inability to log in, and You will lose access to any and all information through the Website and/or Account.
X. Privacy Statement
XI. Copyright, Trademark, other Intellectual Property
Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Website and/or Account. No use of these materials may be made without Our express written permission. Any unauthorized use of the words or images on the Website or Account may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
None of the names, trademarks, service marks and logos appearing on the Website or Account may be used in any advertising or publicity, or otherwise to indicate Our sponsorship of or affiliation with any product or service, without Our express written permission. Nothing contained on the Website or Account should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Website or Account without Our written permission or that of the third-party owner of the trademark, if any. The Website or Account may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
XII. Cyber Security.
Although We strive to keep the Account and Website safe for all Users, You understand and agree that We cannot and do not guaranty the safety of Your devices or Accounts that You utilize to access the Website and/or Account. If You encounter any type of cyber security breach that You feel derived from the use of the Website and/or the Account, You agree to notify Us in writing as soon as possible. We will work diligently to correct any issues. You agree and hereby do hold Us harmless from any damages resulting from Your use of the Website and/or the Account.
The Account is provided through Twitter. It is a Private Account to which You subscribe. Through signing up for and utilizing the Account, You agree to Twitter’s Terms of Service and Privacy Policies, including any future amendments thereto, currently available at https://twitter.com/en/tos. If You do not agree to such, Your sole recourse is to cancel Your Twitter account and unsubscribe from accessing the Private Twitter Account. Private Twitter allows for SMS Text Messages to be sent to mobile devices via Tweets, configurable thru Twitter. By subscribing to access the Account, You agree that You may receive SMS Text Messages, and You agree and understand that private text messaging rates may apply. You may configure Your ability to receive SMS Text Messages through Your Twitter Account.
XIV. Account Termination and Terms of Service Modification
These Terms of Service are effective unless and until modified as noted above, or terminated, at any time, by Us. If, in Our sole discretion, you fail to comply with these Terms of Service, We may terminate your Account without notice and deny You access to the Website and/or Account, including any content that You have provided. Account termination shall be in Our sole discretion.
If You choose to cancel Your subscription to the Website and/or the Account, You may do so by providing notice to Us. You agree that You will not be refunded money for the current interim. Your subscription will be cancelled and You will no longer have access to the Website and/or the Account as of the last day of the current interim period. You will not be charged for the following interim.
XV. Right to Change Terms of Service
You agree that We may, at any time and from time to time, change these Terms of Service. Any changes to these Terms of Service will be effective immediately upon posting of the changed Terms of Service on the Website or Account. You agree to review these Terms of Service periodically, and use of the Website and Account following any such change constitutes Your agreement to follow and be bound by the Terms of Service as changed.
You agree to indemnify, defend, and hold Us harmless including our affiliates, employees, officers, directors, agents, servants, and representatives, from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to Your violation of these Terms of Service.
If any provision of these Terms of Service is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Service shall remain in full force and effect. Any provision of these Terms of Service held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Service with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
You may contact Us by emailing: [email protected]
or by writing to Us at:
420 64th Street, Management Office
Brooklyn, NY 1220
XIX. Further Information
Consult the following sources for more information on risks associated with investment:
A. Securities and Exchange Commission http://www.sec.gov
B. Financial Industry Regulatory Authority (FINRA) http://www.FINRA.org
C. Options Clearing Corporation Characteristics and Risks of Standardized Options http://www.optionsclearing.com/about/publications/character-risks.jsp
D. Cboe Global Markets, Inc. http://www.cboe.com/learncenter/tutorials.aspx
Policy Last Updated On: January 1, 2018