TycoonU.com

Swing Point Trader Terms and Conditions

Last updated: June  12, 2009

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU BECOME A SUBSCRIBER TO SWING POINT TRADER.

www.tycoonu.com ("Swing Point Trader") provides its subscribers with access to an educational program ("the Service"), for their individual usage, subject to compliance with the terms and conditions set forth herein.

Agreement

In consideration of Swing Point Trader providing you with the Service, you agree to pay the applicable enrollment fee and to comply with these Terms and Conditions (the "TAC"). If you do not agree to the terms and conditions contained in the TAC, you may not become a subscriber to the Service, and we do not consent to provide you with access to the Service.

Changes to the TAC

We reserve the right at any time to:

    *Change the terms and conditions of the TAC;

    *Change the Service, including eliminating or discontinuing any content or feature of the Service; or

    *Change the fees, charges or other conditions for use of the Service (with reasonable notice).

Any changes we make to the TAC will be effective One (1) day after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via email. Your use of the Service after such notice will be deemed acceptance of such changes. Our business changes constantly. The TAC, as well as our Privacy Policy and Disclosure Policy may change also. You should check our web sites frequently to see recent changes.

Important Securities Disclaimer

Teeka Tiwari is the Creator of Sector Hunter.

Mr. Tiwari (and all employees of Swing Point Trader) is subject to certain restrictions in transacting for his own benefit in securities recommended or covered by Swing Point Trader. SPECIFICALLY, MR. Tiwari IS NOT PERMITTED TO BUY OR SELL ANY SECURITY HE HAS RECOMMENDED FOR THREE (3) TRADING DAYS FOLLOWING THE ISSUE OF A REPORT OR UPDATE. Swing Point Trader contains automated financial data generated in the form of Swing Point Trader alerts, and none of the information contained therein constitutes a recommendation by Mr. Tiwari, Tycoon Publishing LLC that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that Mr. Tiwari will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in the Service may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Swing Point Trader past results are not necessarily indicative of future performance. DO NOT EMAIL MR. TIWARI SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH HE CANNOT PROVIDE.

Registration and Privacy

In order to gain access to the Service, you must become a member of Swing Point Trader by choosing a unique User Name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. If you are already a member of Swing Point Trader, you may use the User Name and password you chose when you registered for membership. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we have the right to suspend or terminate your membership, and to prohibit your current or future use of the Service. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to your account:

    *You may not transfer or resell your use of or access to the Service to any third party;

    *You are responsible for all activities that occur under your account;

    *You are responsible for maintaining the confidentiality of your User Name and password; and

    *You agree to notify us if you become aware of any unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password.

Product Cancellation:

This service comes with a 30 day full money back guarantee. This 30 days begins on the day when access to Sector Hunter is provided by Tycoon Publishing LLC. This is true whether or not the ETF Master Trader online or hard copy is provided with the service. This is so because the essence of the bargain here is for the Sector Hunter service. The ETF course whether online or the hard copy version which is shipped is only incidental to the sector hunter service purchase. Please note that pro-rata refunds are not provided with this service after the 30 day period.

Cancellation exception: If you do not double your initial subscription fee that you paid for your annual or lifetime service within 12 months after the beginning of your service then we will refund your entire subscription fee. Reasonable effort must be made to profit from the Sector Hunter service and proof beyond a reasonable doubt will be required by the claimant to prove that the service failed to double the initial subscription fee within 12 months. This exception must be claimed within 30 days after having this service for 12 months.

Cancellation procedure: To cancel, simply e-mail your cancellation request to our help page. For security purposes, once your cancellation is received, a Tycoon representative will phone you to confirm your cancellation request. Please be sure to provide a phone number with your cancellation request as CANCELLATIONS ARE ONLY MADE OFFICIAL WHEN DONE BY PHONE.

Miscellaneous: If there are any problems or issues whether technical or otherwise with your service, it is incumbent on you (the subscriber) to make Tycoon Publishing LLC aware of this issue. Tycoon will not be held accountable for inaccessibility of service if not notified of the problem. If you are having any problems with your service, please e-mail us at our help page or call us at 877-4-TYCOON (892666) so we can fix your problem.

Auto-Renewals: So as not to disrupt the Swing Point Trader service, we have set your account to automatically renew (auto-renew) at the end of your subscription. If you prefer this not to happen, simply e-mail us at our help page before  the date of your autorenwal( e.g. the date your current subscription is set to expire) . If you forget to let us know and do get auto renewed , refunds will not be issued(this includes both full and pro-rata refunds).

In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your User Name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Swing Point Trader 's Proprietary Rights

The Service and the content available through the Service are the property of Swing Point Trader and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Service.

If you are interested in reprinting, republishing or distributing content from Swing Point Trader, please contact us.

"Swing Point Trader ,"" "Sector Hunter," "Completely Automated Sector Hunter," "Secrets of a Master Trader," and other marks are trademarks and/or service marks of www.tycoonu.com . All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

User Conduct

You may not republish, upload, post, transmit or distribute content available through the Service to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Service, you agree not to:

    *Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any prtion of any of our web sites;

    *Use the Service for any unlawful purpose;

    *Express or imply that any statements you make are endorsed by us, without our prior written    consent;

    *Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or any of our web sites;

    *"Frame" or "mirror" any content available through the Service or any of our web sites without our prior written authorization;

    * Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Service or any of our web sites; or

    * Harvest or collect information about users of the Service without their express consent.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Service and the content made available therein.

   1.Disclaimer of Warranties

THE SERVICE, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWING POINT TRADER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

SWING POINT TRADER AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) ON WHICH THE SERVICE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, SECTOR HUNTER AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT EMAIL DELIVERY OR ABILITY TO ACCESS THE WEBSITE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE SERVICE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SWING POINT TRADER OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that content available through the Service could include inaccuracies or errors, or materials that violate the TAC. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Service by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.

   2.Limitation of Liability

NEITHER SWING POINT TRADER NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH SECTOR HUNTER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

   3. Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TAC; (b) your use of the Service; or (c) your violation of the rights of any third party.

   4. Termination

You understand and agree that Swing Point Trader may, under certain circumstances and without prior notice to you, terminate your access to and use of the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TAC or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

   5.Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by www.tycoonu.com or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. To email us notices and counter-notices with respect to our web sites click here. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

   6. Miscellaneous

The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

The TAC, together with all TAC policies referred to herein, constitutes the entire agreement between you and Swing Point Trader relating to your use of the Service and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TAC and the relationship between you and Swing Point Trader are governed by and construed in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws. You and Swing Point Trader agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Palm Beach County, Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TAC is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TAC and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TAC is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TAC.

   7. Legal Notices

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.