GENERAL NOTICE AND DISCLAIMER – PLEASE READ CAREFULLY THE FOLLOWING NOTICE AND DISCLAIMER MUST BE READ AND UNDERSTOOD AND YOU MUST AGREE TO THE TERMS CONTAINED THEREIN BEFORE USING THIS WEBSITE.
By using the YellowTunnel.com website (the “Website”) and service, you agree to the terms and conditions set for the below (the “Terms”). These Terms are a legally binding agreement made by and between YellowTunnel.com (“YellowTunnel”) and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). The Terms govern your use of the Website and the services we offer on or through the Website.
THESE TERMS APPLY TO ALL VISITORS. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE REGISTERING WITH YellowTunnel. YellowTunnel STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our members, the Website, or to make our services more beneficial to you. All information gathered from you by YellowTunnel will be governed by our Privacy Policy, which is hereby incorporated into these Terms, by reference. Please carefully review our Privacy Policy, regarding the personal information provided by you, for further information regarding our data collection, use, and disclosure practices.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS
By becoming a member of YellowTunnel, you are subject to all terms, policies, rules, restrictions, obligations, representations and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read them carefully.
Please direct any legal questions to:
Attn: Legal Dept.
YellowTunnel, 318 Half Day Rd. Suite 215, Buffalo Grove, IL 60089, [email protected].
All content on our website is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. Neither the information presented nor any statement or expression of opinion, or any other matter herein, directly or indirectly constitutes a solicitation of the purchase or sale of any securities. Neither the owner of YellowTunnel.com nor any of its members, officers, directors, contractors or employees are licensed broker-dealers, account representatives, market makers, investment bankers, investment advisors, analyst or underwriters. Investing in securities, including the securities of those companies profiled or discussed on this website is for individuals tolerant of high risks. Viewers should always consult with a licensed securities professional before purchasing or selling any securities of companies profiled or discussed on YellowTunnel.com. It is possible that a viewer’s entire investment may be lost or impaired due to the speculative nature of the companies profiled. Remember, never invest in any security of a company profiled or discussed on this website unless you can afford to lose your entire investment. Also, investing in micro-cap securities is highly speculative and carries an extremely high degree of risk. YellowTunnel.com makes no recommendation that the securities of the companies profiled or discussed on this website should be purchased, sold or held by viewers that learn of the profiled companies through our website.
Types Of Messages To Expect and Frequency: 1) Daily Trade Alerts 2) Weekly Blog and Video Blog 3) Weekly Webinar Invitations
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YellowTunnel.com is owned by: YellowTunnel.com,INC., 318 Half Day Rd., Suite 215 Buffalo Grove, IL 60089. Questions regarding this website may be sent to [email protected].
RISK DISCLOSURE: The operator of this website does not guarantee stock or option performance. We are a picking service that provides ideas on trades. Options involve substantial risk and are not suitable for all investors. Prior to investing, please read “Characteristics and Risks of Standardized Options” (available at http://www.optionsclearing.com/about/publications/character-risks.jsp) and the investor issuer information available at the websites of the United States Securities and Exchange Commission, including, without limitation, www.investor.gov, www.sec.gov and/or the Financial Industry Regulatory Authority at www.finra.org. Evaluate any strategy prior to use to understand risk and suitability. It should not be assumed that future recommendations will be profitable or will equal past performance. Past results are not indicative of future profits. The information regarding a company profiled or discussed on the Website is provided from public sources. YellowTunnel makes no representations, warranties or guarantees as to the accuracy or completeness of the information provided or discussed. You should not rely solely on the information obtained through the Website or in communications originating from the Website. You should use the information provided by us regarding the profiled companies as a starting point for additional independent research on the companies profiled or discussed in order to form your own opinion regarding investing in the securities of such companies. Factual statements made by the profiled companies are made as of the date stated and are subject to change without notice and YellowTunnel has no obligation to update any of the information provided.
Some of the content on this website contains forward-looking information within the meaning of Section 27A of the Securities Act of 1993 and Section 21E of the Securities Exchange Act of 1934 including statements regarding expected continual growth of a company and the value of its securities. In accordance with the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 it is hereby noted that statements contained herein that look forward in time which include everything other than historical information, involve risk and uncertainties that may affect a company’s actual results of operation. A company’s actual performance could greatly differ from those described in any forward looking statements or announcements mentioned on this website or the websites contained within. Factors that should be considered that could cause actual results to differ include: the size and growth of the market for the company’s products; the company’s ability to fund its capital requirements in the near term and in the long term; pricing pressures; unforeseen and/or unexpected circumstances in happenings; etc. and the risk factors and other factors set forth in the company’s filings with the Securities and Exchange Commission. However, a company’s past performance does not guarantee future results.
Generally, the information regarding a company profiled or discussed on this website is provided from public sources. YellowTunnel.com makes no representations, warranties or guarantees as to the accuracy or completeness of the information provided or discussed. Viewers should not rely solely on the information obtained through our website or in communications originating from our website. Viewers should use the information provided by us regarding the profiled companies as a starting point for additional independent research on the companies profiled or discussed in order to allow the viewer to form his or her own opinion regarding investing in the securities of such companies. Factual statements, or the similar, made by the profiled companies are made as of the date stated and are subject to change without notice and YellowTunnel.com has no obligation to update any of the information provided. YellowTunnel.com, its owners, officers, directors, contractors and employees are not responsible for errors and omissions.
From time to time certain content on this website is written and published by our employees or third parties. In addition to information about our profiled companies, from time to time, our website will contain the symbols of companies and/or news feeds about companies that are not being profiled by us but are merely illustrative of certain activity in the stock market that we are highlighting. Viewers are advised that all analysis reports and news feeds are issued solely for informational purposes. Any opinions expressed are subject to change without notice. It is also possible that one or more of the companies discussed or profiled on this website may not have approved certain or any statements within the website. YellowTunnel.com encourages viewers to supplement the information obtained from this website with independent research and other professional advice. The content on this website is based on sources which we believe to be reliable but is not guaranteed by us as being accurate and does not purport to be a complete statement or summary of the available data. Third Party Web Sites and Other Information This website may provide hyperlinks to third party websites or access to third party content. YellowTunnel.com, its owners, officers, directors, contractors and employees are not responsible for errors and omissions nor does YellowTunnel.com control, endorse, or guarantee any content found in such sites. YellowTunnel.com does not control, endorse, or guarantee content found in such sites. By accessing, viewing, or using the website or communications originating from the website, you agree that YellowTunnel.com, its owners, officers, directors, contractors and employees, are not responsible for any content, associated links, resources, or services associated with a third party website. You further agree that YellowTunnel.com, its owners, officers, directors, contractors and employees shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
YellowTunnel.com uses third parties to disseminate information to subscribers. Although we take precautions to prevent others from obtaining our subscriber list, there is a risk that our subscriber list, through no wrong doing on our part, could end up in the hands of an unauthorized party and that subscribers will receive communications from unauthorized third parties.
We encourage viewers to invest carefully and read the investor issuer information available at the web sites of the United States Securities and Exchange Commission (SEC). The SEC has launched an investor-focused website to help you invest wisely and avoid fraud at www.investor.gov and filings made by public companies can be viewed at www.sec.gov and/or the Financial Industry Regulatory Authority (FINRA) at: www.finra.org. In addition, FINRA has published information at its website on how to invest carefully at www.finra.org/Investors/index.htm
Income Disclaimer: Testimonials and examples used here are exceptional results which may not apply to the average purchaser. They are not intended to represent or guarantee that anyone will achieve the same or similar results through our service. The use of our information should be based on your own due diligence, and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the use of our information. As with any business, your results may vary, and will be based on your individual capacity, business experience and expertise. There are no guarantees concerning the level of success you may experience. Income statements made by our customers are only estimates of what they have earned; there is no guarantee that you will make these levels of income. When using our information you accept the risk that these earnings and income statements differ by individual. There is no assurance that examples of past earnings can be duplicated in the future. There are unknown risks in business and on the internet that we cannot anticipate which can reduce results. We therefore cannot guarantee your future results or success, and are not responsible for your actions.
Disclaimers; Exclusions and Limitations
All of the content on this Website is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. Neither the information presented nor any statement or expression of opinion, or any other matter herein, directly or indirectly constitutes a solicitation of the purchase or sale of any securities. Neither the owners of YellowTunnel, nor any of its members, officers, directors, contractors or employees are licensed broker-dealers, account representatives, market makers, investment bankers, investment advisors, analyst or underwriters.
DISCLAIMER OF FORWARD LOOKING STATEMENTS: THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF 1993 AND SECTION 21E OF THE SECURITIES EXCHANGE ACT OF 1934, INCLUDING STATEMENTS REGARDING EXPECTED CONTINUAL GROWTH OF A COMPANY AND THE VALUE OF ITS SECURITIES AND/OR THAT REFLECT YellowTunnel’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND ECONOMIC DEVELOPMENTS. IN ACCORDANCE WITH THE SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 IT IS HEREBY NOTED THAT STATEMENTS CONTAINED HEREIN THAT LOOK FORWARD IN TIME WHICH INCLUDE EVERYTHING OTHER THAN HISTORICAL INFORMATION, INVOLVE RISK AND UNCERTAINTIES THAT MAY AFFECT A COMPANY’S ACTUAL RESULTS OF OPERATION. A COMPANY’S ACTUAL PERFORMANCE COULD GREATLY DIFFER FROM THOSE DESCRIED IN ANY FORWARD LOOKING STATEMENTS OR ANNOUNCEMENTS MENTIONED ON THIS WEBSITE OR THE WEBSITES CONTAINED/REFERENCED WITHIN. FACTORS THAT SHOULD BE CONSIDERED THAT COULD CAUSE ACTUAL RESULTS TO DIFFER INCLUDE, WITHOUT LIMITAITON, THE SIZE AND GROWTH OF THE MARKET FOR THE COMPANY’S PRODUCTS/SERVICES, THE COMPANY’S ABILITY TO FUND ITS CAPITAL REQUIREMENTS IN THE NEAR TERM AND IN THE LONG TERM, PRICING PRESSURES, UNFORESEEN AND/OR UNEXPECTED CIRCUMSTNACES IN HAPPENINGS, AND THE RISK FACTORS AND OTHER FACTORS SET FORTH IN THE COMPANY’S FILING WITH THE SECURITIES AND EXCHANGE COMMISSION. HOWEVER, A COMPANY’S PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. INVESTING IN SECURITIES IS HIGHLY SPECULATIVE AND YellowTunnel MAKES NO RECOMMENDATION THAT THE SECURITIES OF THE COMPANIES PROFILED OR DISCUSSED ON THIS WEBSITE SHOULD BE PURCHASED, SOLD OR HELD BY VIEWERS THAT LEARN OF THE PROFILED COMPANIES ON OR THROUGH THE WEBSITE. PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO REGISTERING AND FULLY ASSESS WHETHER YOU POSSESS ADEQUATE SAVINGS AND INCOME PRIOR TO CONSIDERING SUCH ACTIVITIES. YOU, AND NOT YellowTunnel, ARE RESPONSIBLE FOR SUCH RISK, INCLUDING, WITHOUT LIMITATION, MARKET VOLATILITY. YOU REPRESENT AND WARRANT TO YellowTunnel THAT YOU HAVE SUFFICIENT EXPERIENCE AND KNOWLEDGE TO MAKE INFORMED INVESTMENT DECISIONS AND THAT YellowTunnel IS NOT MAKING ANY GUARANTEE WITH RESPECT TO ITS SERVICES.
YellowTunnel PROVIDES THE WEBSITE, THE PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS.” YellowTunnel DOES NOT REPRESENT OR WARRANT THAT ANY OF THE FOREGOING AND/OR INFORMATION RELATIN THERETO: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. YellowTunnel MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES. IN SUCH JURISDICTIONS, THE DISCLAIMERS HEREIN MAY NOT APPLY TO YOU.
YellowTunnel SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR STOCK OR OPTION PERFORMANCE, STATISTICAL ANALYSIS AND VARIABLES, PREDICTIVE ALGORITHMS, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE YellowTunnel PICKING SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. YellowTunnel SHALL NOT BE RESPONSIBLE FOR ERRORS OR NEGLIGENCE. YellowTunnel SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF PICKS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND YellowTunnel’S REASONABLE CONTROL. YellowTunnel SPECIFICALLY DISLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION OR OTHER TERMINATION OF THE TRADSPOON REGISTRATION SYSTEM. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity and Release
You agree to defend, indemnify and hold YellowTunnel and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of these Terms, (e) your violation of any rights of another, (f) your breach of any representation or warranty by you to YellowTunnel, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, YellowTunnel may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without YellowTunnel’s consent.
You are hereby agreeing to release YellowTunnel and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
Relationship
The sole relationship between you and YellowTunnel is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
No Waiver
Upon your failure to comply with your duties and obligations to YellowTunnel, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of YellowTunnel in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by YellowTunnel of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.
No Assignment
You may not assign these Terms, including your related rights and/or obligations, without express prior written consent of YellowTunnel. Such consent may be granted or withheld by YellowTunnel at its sole and absolute discretion. These Terms shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and YellowTunnel.
Force Majeure
You acknowledge and understand that if YellowTunnel is unable to provide the products and/or services as a result of a force majeure event, YellowTunnel will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of YellowTunnel. YellowTunnel SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Website Use and Restrictions
Except as expressly provided below, the registration for, purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or related services. You must comply with all of the terms set forth in these Terms, the policies referred to herein, and all applicable laws, rules and regulations when you use the Website. Subject to these Terms, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in these Terms. You may not attempt to reverse engineer any of the technology used to provide the products and/or services. In your use of the Website and the products and/or services, you may not: (a) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (b) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (c) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (d) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (e) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (f) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (g) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (h) use any meta tags or any other “hidden text” utilizing the YellowTunnel name, trademarks, or product names; (i) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (j) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (k) assist any third party in engaging in any activity prohibited by these Terms.
Material Disclosures
Content on the Website is provided for informational purposes only. It is provided by YellowTunnel and/or third-parties with a material connection to YellowTunnel. When you link to any third-party website and/or article provided via this Website, you are leaving this Website. We make no representation as to the information provided at third-party websites and/or third-party privacy practices. In addition to information about our profiled companies, from time to time, the Website will contain the symbols of companies and/or news feeds about companies that are not being profiled by us but are merely illustrative of certain activity in the stock market that we are highlighting. You are advised that all analysis reports and news feeds are issued solely for informational purposes. Any opinions expressed are subject to change without notice. It is also possible that one or more of the companies discussed or profiled on the Website may not have approved certain or any statements. YellowTunnel encourages you to supplement the information obtained from the Website with independent research and other professional advice.
Disputes
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against YellowTunnel with respect to these Terms and/or the Website. All disputes arising out of or relating to these Terms (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Illinois, in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, YellowTunnel will have the right to seek injunctive or other equitable relief in state or federal court located in Illinois to enforce these Terms or prevent an infringement of a third- party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. These Terms shall be governed by, and interpreted in accordance with, the laws of the State of Illinois, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that YellowTunnel takes any action against you, arising out of and/or to enforce your obligations under these Terms, you expressly agree to pay all of the associated costs and the expenses incurred by YellowTunnel, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by YellowTunnel to carry out these Terms.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Refunds and Guarantee
YellowTunnel provides a 30 day refund guarantee on all packages. These refunds are only available to first-time subscribers. If you subscribe to a service as a first-time subscriber, then cancel and receive a refund, then re-subscribe, you will no longer be eligible to receive a refund for subsequent memberships. After the initial 30 day period, no refunds will be provided.
Lifetime Subscription Plans
A YellowTunnel “Lifetime” subscription plan is a limited offer that allows you to access the services for the YellowTunnel Product you purchased that are available at the time of your purchase for as long as the Product and those services are available and supported. The initial charge for the "Lifetime" subscription pays ONLY for the first year, the subscription will automatically renew at $197(Aggressive Power Trader SERVICE) or $297 (Platinum or Dynamic services) each year thereafter. Please see Refunds and Guarantee above for refund information. Products purchased under "Lifetime" subscription plans will be clearly indicated as such on the Order Page and in the order confirmation. YellowTunnel may stop issuing new "Lifetime" subscriptions at any time. You may not assign "Lifetime" subscription plans to any other person. While YellowTunnel anticipates that the YellowTunnel Product you purchased and associated services will remain available and supported, potentially for many years to come, YellowTunnel makes no warranties as to the expected lifetime of its services, and in purchasing under a "Lifetime" subscription plan, you acknowledge and agree that the YellowTunnel Product and services could change or terminate in the future.
Auto Renewals
Your memberships will automatically renew at the then-current rate (unless you purchased a subscription that specifically stated that the renewal fee will be grandfathered and will not change), until you notify us of your decision to terminate your membership. If you would like to turn off automatic renewal, please contact customer support. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. If you provided more than one card, the first card on file will be used. YellowTunnel reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance.
Entire Agreement
These Terms constitute the entire agreement between you and YellowTunnel and govern your use of the Website, superseding any prior agreements.
Privacy
Use of this Website is subject to the terms of our Privacy Policy, which are hereby incorporated into and made part of these Terms. Please carefully review the foregoing. By using this Website, you agree to be bound by the terms thereof. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
Miscellaneous
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We reserve the right to cancel any registration if fraud is suspected. If fraud is suspected, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Contact Us
YellowTunnel is owned by YellowTunnel.COM,INC, 318 Half Day Rd., Suite #215, Buffalo Grove, Illinois 60089. Questions or inquiries regarding the Website and/or service may be submitted via email to [email protected]. You may also complete our inquiry form located here.
Electronic Signatures
By executing these Terms and transmitting electronically via the Website, you expressly empower YellowTunnel to bind you and authorize applicable charges, including automated recurring charges, to be incurred on the credit/debit card provide during registration, described herein. You acknowledge and agree that by checking the boxes below that you are expressly agreeing to these Terms. You acknowledge and agree that by checking the boxes that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY YellowTunnel. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.