The Momentum Stock Trader - Your Number One Source for Stock Picks

This site ("Site") is operated by Jalexa Trading Consultants, LLC. ("Jalexa"). Your access to and use of this Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site, regardless of whether you become a subscriber, you accept, without limitation or qualification, these Terms and Conditions:

1. Usernames, Passwords and Security.

Your username and password are issued to you and may not be used by anyone else. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur on the Site using your username and password, whether or not authorized by you. You must immediately notify Jalexa of any known or suspected unauthorized use of your username and password or any other breach of security (contact Jalexa at thechartguy@aol.com.)

2. Limited Use of Materials

This Site contains materials (including, but not limited to, text, images, audio and/or video) and software (including but not limited to any information, images or files incorporated in or generated by the software or data accompanying such software that may also appear on DVD's/CD's) (individually and collectively the "Materials" or the "Product") which are protected by international copyright, trade secret and trademark laws. With an Individual Account, you may access, use, and download a single copy of the Materials solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices completely intact. An Institutional Account may access, use, and download a single copy of the Materials solely for their business use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble the Materials. The Materials are licensed to you on a personal, non-exclusive basis by Jalexa, its licensees or licensors (collectively "Third Party Service Providers"), and are not sold to you. Except for the limited rights explicitly granted to you herein, Jalexa and its Third Party Service Providers retain ownership of all right, title, and interest in and to the Materials including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how). We may also require you to follow additional rules, guidelines or other conditions that govern the use of particular Materials which can be accessed or downloaded from the Site. Such rules, guidelines or other conditions are made a part of these Terms and Conditions.

Jalexa's name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Jalexa. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Jalexa. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Jalexa reserves all legal rights and remedies available to it.

3. Confidentiality

The Materials contain information and valuable trade secrets that are not generally known to the public. You must treat as confidential and preserve the confidentiality of all Materials, and must not disclose any portion of the Materials to any third party. The foregoing obligation does not apply to any information that: (a) is already in your possession as shown by documentation; (b) is or becomes publicly available through no fault of your own; or (c) is obtained by you from a third person without breach by such third person of an obligation of confidence. Information will not be deemed to be within the foregoing exceptions merely because it is: (i) embraced by more general information in the public domain or in the possession of the party receiving such information, or (ii) a combination of individual items of information that could be pieced together to reconstruct such combination from non-Confidential Information.

4. Risks; Market Information; Limitation of Liability; and Disclaimer of Warranty

Use of this site and the materials on this site is at subscribers' and other investors' own risk. If dissatisfied with any of the materials contained in this site, subscribers and other investors sole and exclusive remedy is to discontinue accessing and using this site. Jalexa and its third party service providers assume no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the materials contained on this site. There may be inadvertent technical or factual inaccuracies in the materials, and Jalexa and its third party service providers reserve the right to make changes and corrections to the materials at any time, without notice. Jalexa and its Third Party Service Providers also assume no responsibility and are not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Materials from this Site.

Investing in securities is highly speculative and carries a high degree of risk. It is possible that an subscribers' and other investors' entire investment may be lost or impaired due to the speculative nature of investing in the stock market. Although Jalexa and its third party service providers attempt to provide accurate and timely information, neither Jalexa nor its third party service providers guarantee the accuracy, timeliness, or completeness of such information, and provide no warranty regarding any results from the use of or reliance on such information. Assumptions, opinions and estimates have been made in the judgment of the employees, consultants or analysts of Jalexa and its third party service providers (collectively "Employees") as of the date the materials are first made available on the site, and are subject to change without notice. The materials may quickly become unreliable for reasons including changes in economic circumstances, and Jalexa and its third party service providers are not obligated to update the materials at all or within a designated time period. Nothing contained in the site or the materials shall be deemed a solicitation, recommendation, endorsement, or offer by Jalexa or its third party service providers to buy or sell any securities or other financial instruments.

All subscribers and other investors should make their own decisions, conduct their own research and due diligence, and obtain professional advice prior to making any investment decision. Securities, financial instruments, or strategies described in the materials may not be suitable for all subscribers and other investors. The materials do not take into account any particular investment objectives, financial situations or needs, and are not intended as a recommendation of particular securities, financial instruments or strategies to any specific subscribers or other investors. Before acting on any information in the materials, subscribers and other investors should consider whether it is suitable for their particular circumstances and, if necessary, seek professional advice. Subscribers and other investors should not merely copy stock profiles or recommendations offered by Jalexa. The research of subscribers and other investors should include, but is not limited to, each company's quarterly and annual reports, SEC filings, press releases and financial statistics. Information that may be helpful in doing such research may be found at websites, including without limitation the Securities and Exchange Commission at http://www.sec.gov, the National Association of Securities Dealers at www.nasd.com, and the SEC's EDGAR web site at http://www.sec.gov/edgar.shtml.

The Site and the Materials may contain predictions regarding the future performance of certain stocks, which may be construed as "forward-looking statements" within the language of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results to differ materially from those anticipated. Risks, uncertainties, changes, conditions, and unforeseen acts, can materially and adversely alter the expectations contained in any such forward looking statements. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance may be considered "forward-looking statements". Forward-looking statements may be identified through the use of words such as "expect", "anticipate", "estimate", "believe", or by statements indicating certain actions "may", "could", or "might" occur; among others. Forward-looking statements are inherently uncertain, and the actual results may differ from our expectations. Past performance of any stock profiled by Jalexa or a Third Party Content Provider is not indicative of future results. At no time should any past performance be used to predict future returns, and we make no guarantee of any future performance, volatility, volume, or price increases or decreases of any security we profile.

Neither Jalexa nor its third party service providers is an investment adviser within the meaning of any federal or state law, rule or regulation or a fiduciary to any subscriber or other investor under any federal or state law, rule or regulation including without limitation the federal Employee Retirement Income Security Act of 1974. No client, advisory, fiduciary, or professional relationship is implicated or established between any subscriber or other investor and Jalexa or any third party service provider. Neither Jalexa nor any third party service provider is engaged in providing auditing, accounting, financial tax, legal, advisory consultant or other professional service or advice.

The views expressed in the materials reflect the personal views of the Employees. No part of the Employees' compensation is directly or indirectly related to the specific recommendations or views expressed in the materials. Employees or directors of Jalexa or its third party service providers may or may not actively trade in investments discussed on this site or in the materials (whether before or after information regarding investments is made available on the site or in the materials), and they may increase or decrease these positions without notice. Information provided on the site and in the materials should not be regarded as legal, tax, accounting or investment advice. The information provided on this site may include information provided by outside sources, such as research reports, public filings or computer databases and information provided to Jalexa by management of the profiled company. Jalexa does not represent, warrant or guarantee the accuracy or completeness of the disclosures by the profiled companies. Subscribers and other investors should not rely solely on the information presented, but should use the information provided by the profiled companies as a starting point for doing additional independent research on the profiled companies in order to allow the investor to form his or her own opinion regarding investing in the profiled companies. The receipt of this information shall not create, under any circumstances, any implication that there has been no change in the affairs of the company profiled since the date of the review. The analyses contained in this site are not complete studies of the featured companies. Jalexa makes no claim that it has fully investigated the financial, accounting or business practices of the companies or markets that we have profiled.

There are numerous risks involved in trading in securities, including using the Phoenix Stock Trading System. This disclosure does not cover all of the risks involved in trading, and subscribers and other investors should consult with their own advisers regarding these risks. The securities markets are highly efficient and successful trading requires skill. Trading in securities is a highly speculative activity, and traders must ensure that they are able to bear all losses. There can be no assurance that the investment objectives of subscribers and other investors will be achieved or that subscribers or other investors using the Phoenix Stock Trading System will not lose all or a portion of its investments. The investment returns and principal value of securities will fluctuate over time. All investments carry a degree of risk, and it is important to review investment objectives, risk tolerance, tax objectives, and liquidity needs before choosing an investment style.

The Phoenix Stock Trading System recommendations may include short sales, which generally involve an even higher degree of risk than other transactions. Short sales are transactions in which an investor sells a security it does not own, in anticipation of a decline in the market value of the security. To complete the transaction, the investor must borrow the security to make delivery to the buyer. The investor is obligated to replace the borrowed security by purchasing it at the market price at or prior to the time of replacement. The price at the time of replacement may be more or less than the price at which the security was sold by the investor. The investor is also required to repay the lender any dividends or interest that may accrue during the period of the loan. To borrow the security, the investor may be required to pay a premium, which would increase the cost of the security sold. As with all securities transactions, transaction costs will also be incurred in effecting short sales.

The investor will incur a loss as a result of the short sale if the price of the security increases between the date of the short sale and the date on which the investor replaces the borrowed security. A gain will be realized if the security declines in price between those dates. The amount of any gain will be decreased, and the amount of any loss increased, by the amount of the premium, dividends, interest or expenses the investor may be required to pay in connection with a short sale. An increase in the value of a security sold short by the investor over the price at which it was sold short will result in a loss to the investor, and there can be no assurance that the investor will be able to close out the position at any particular time or at an acceptable price. The investor's market risk in connection with a short sale is unlimited in that the increase in the market price of the security sold short is unlimited. Other types of securities, including options, carry their own special risks. Subscribers and other investors should consult with their advisers before implementing any Phoenix Stock Trading System recommendations.

Past performance does not guarantee, and is not indicative of, future results. Performance results shown on this website reflect the performance of hypothetical accounts and do not reflect the performance that can be expected by another account. The performance results shown do not reflect the reinvestment of dividends and other earnings, if any, but do reflect the deduction of model trading and other expenses, which may be higher or lower than actual expenses incurred by subscribers or other investors. The hypothetical model portfolios on which the performance results shown are based cannot be replicated because of differences in market conditions; subscriber-imposed and other investor investment restrictions; the timing of investments and withdrawals; tax considerations; economies of scale; portfolio turnover; the number, type, availability, and diversity of securities that can be purchased at a given time; and other factors. The performance results of subscribers and other investors may vary significantly from the performance results shown on this site and will depend primarily on their skill in making investments. No chart, formula, investment style, or other device should in and of itself be used to determine which securities to buy or sell, or when to buy or sell them.

Jalexa and its members, employees, affiliates and subscribers may have long or short positions (or options or warrants relating to such positions) in any of the securities or sectors discussed on the site and may purchase or sell these securities, options or warrants from time to time in the open market or otherwise, which may be at different times (including prior to information regarding those securities or sectors is made available on the site) and prices than those reflected on the site. Neither Jalexa nor any other party involved in creating, producing, or delivering this site or the materials is liable for any incidental, consequential, indirect, special, punitive, or any other damages arising out of any subscriber's or other investor's access to, or use of, this site. Additionally, neither Jalexa nor any other party involved in creating, producing, or delivering this site or the materials is liable to any institutional subscriber or any other investor, for any damages that may arise out of recommendations or investments any institutional or individual subscriber, or any other investor, may make or recommend in its own or customer accounts based on any information it receives from Jalexa. Without limiting the foregoing, everything on this site is provided to subscribers or other investors "as is" without warrant of any kind. To the full extent permissible pursuant to applicable law, Jalexa and its third party service providers disclaim all warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, non-infringement, lost revenues, or lost profits. Neither Jalexa nor any other party involved in creating, producing, or delivering this site or the materials provides any guarantee against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data, and Jalexa and its third party service providers expressly disclaim all liability for errors or omissions in, the misuse or misinterpretation of, or the reliance on any information contained in the materials. Subscribers and other investors assume the entire risk as to the use of the site and the materials. In no event will the liability of Jalexa or any third party service provider to any subscriber, investors or any third party exceed the amount of any fees the subscribers have paid for access to the site or the materials, if any. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply in all cases.

5. Privacy Policy

Jalexa is sensitive to privacy issues with respect to the use of customer information provided to Jalexa over the Internet. Jalexa believes it is important for you to know how Jalexa treats the information about you that is received by Jalexa when you visit. In general, you can visit the Site without telling Jalexa who you are or revealing any information about yourself. Jalexa's web servers collect domain names of those who visit our site and use this information to evaluate the use of the Site in order to improve the content being provided and for other purposes related to Jalexa's business. Jalexa does share aggregate information regarding our Site traffic and the overall characteristics of our contact database with our partners and advertisers, but not personally identifiable information regarding visitors to the Site.

Notwithstanding the foregoing, Jalexa does collect personally identifiable information from our free and paid members during subscriber registration, as well as from customers who purchase products from us. Jalexa does not share your personally identifiable information with any third party, but may from time to time send you e-mails from Jalexa or certain third parties. If you do not wish to receive such e-mail communications, you may choose to opt-out during the registration process for this Site or when you purchase products from us. If you specifically ask Jalexa to connect you to third party companies or individuals in areas such as financial planning or money management, with your permission, we may provide your personally identifiable information to select third party entities that match your request.

Do not send Jalexa any confidential or proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us are treated as being non-confidential and non-proprietary. Jalexa assumes no obligation to protect such information from disclosure and is free to reproduce, use and distribute the information to others for any purpose and without restriction. Jalexa is also free to use any ideas, concepts, know-how or techniques contained in information that you send to Jalexa for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information.

Jalexa is under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that Jalexa may monitor the server contents periodically to (a) comply with any necessary laws, regulations or other governmental requests; (b) to operate the server properly or to protect itself and its users; or (c) any other business purpose. Jalexa reserves the right to modify, reject or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

6. Links to Third Party Materials

Jalexa may provide links ("Links") to Internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the World Wide Web and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of Jalexa and the owners of such Links are not affiliated with Jalexa and do not sponsor or endorse the Site. Jalexa has not tested or verified the content, accuracy, or opinions expressed on any Links on the Site and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links to third-party sites. All arrangements between you and any third party named on the site are at your sole risk and responsibility.

7. Indemnification

You agree to immediately notify Jalexa of and to indemnify and to hold Jalexa and its Third Party Service Providers harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, this Site. You shall use your best efforts to cooperate with us in the defense of any claim. Jalexa reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. General

These Terms and Conditions will be construed solely in accordance within the laws of the State of Colorado, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in Denver, Colorado, or in the U.S. District Court for the District of Colorado in Denver, and each party hereby consents to the jurisdiction and venue of such courts, and waives any objections thereto. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of remaining provisions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Terms and Conditions constitute the complete agreement between you and Jalexa with respect to the Site and supersedes all prior communications and agreements. Jalexa may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page ("Legal Page"). You are bound by any such revisions and should therefore periodically visit this Legal Page to review the current Terms and Conditions.