The undersigned ("Subscriber") hereby subscribes to the Signal Service checked at the bottom of this form ("Service") provided by Targetrading.com, a division of Tatkin Trading Company, Inc. ("Target"), under the following terms and conditions:

1. Fee. 

5 Day Trial Subscription.  The subscription fee for the 5 Day Trial is $95.00 per week.  All fees are subject to change upon notice to Subscriber at the sole discretion of Target. The subscription fee is payable in advance before the commencement of the week in which service is to be rendered.  The subscription period runs from the first trading day of the week (Monday, unless it is a holiday) thru the last trading day of the week (Friday,  unless it is a holiday).   Payment must be made by 12 Noon Pacific Time on the day prior to the first trading day of the week (usually Sunday, unless Monday is a holiday).  Subscriptions with respect to payment received after such deadline will commence the following week. Subscriptions may only commence on the first trading day of the week and may not commence on any other day of the week (example: you may not have your subscription start on a Wednesday and end on the following Tuesday).  Notwithstanding the foregoing, a subscription will not commence unless Subscriber has agreed in writing to the terms of this Form (either by completing it and faxing it to Target, or e-mailing it to Target as set forth above).  Only one 5 day Trial Subscription is permitted.  There is no discount or rebate for short trading weeks. All 5 Day Trial Subscriptions expire on the last day of the trading week. 

Other Services.  The fee for all other services is set forth at the end of this Form.

The payment of any fee is nonrefundable; Exception regarding Course Purchase. Payment may be made on Paypal at www.paypal.com  (under Paypal, credit the account of tatkin@verizon.net) or by using the Paypal payment button at www.targetrading.com/payment.htm .  In the event Subscriber purchases Target's trading course within 5 calendar days following the expiration of the 5 Day Trial period, then the entire amount of 5 Day Trial fee will be refunded to Subscriber.

2. Description of Service and Requirements. Target agrees to provide its Service to Subscriber over the internet, during regular market hours (currently 9:30 a.m. to 4:15 p.m. Eastern Time, Monday through Friday, except during holidays or at any other time when the Chicago Mercantile Exchange is closed or trading is halted) using an instant message delivery system. Subscriber is responsible for  subscribing to and maintaining its own internet connection. Target is not affiliated in any way with the publisher of the instant message delivery system it uses  and makes no representations or warranties to Subscriber regarding the suitability or compatibility of such software with Subscriber’s computer system.

Since internet reliability may vary from day to day, Subscriber understands and acknowledges that there may be periods when Target is incapable of delivering, or Subscriber is incapable of receiving, the Service. Furthermore, Target reserves the right to discontinue the Service at any time, and from time to time, during periods of internet interruption, and for any other reason Target believes that it is incapable of delivering the Service to Subscriber. This may occur at times when Subscriber has already entered a trade and is waiting for an exit signal. Subscriber must use its own discretion in managing a trade in the event of any such interruption in the Service. Subscriber shall not be entitled to any refund or rebate in the event of an interruption of Service, and Target disclaims any responsibility or liability to Subscriber in the event of any such interruption of Service or for any other reason whatsoever.

For purposes of the signals, all trading is assumed to be hypothetical. Although "fills" for entry prices will be signaled so that subscribers can determine a universal "breakeven" price, all such fills are assumed to be hypothetical, and there is no guarantee a subscriber will experience the same "fill." 

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3. Risk Disclosure. The Service is intended only as an additional tool to compliment the Subscriber’s trading arsenal. There is no guarantee whatsoever that any particular buy or sell recommendation will be profitable, if followed, or that any series of such recommendations will yield a profit over time. Subscriber hereby acknowledges that neither Target nor any of its affiliates or their principals hereby makes, or has made, any claims as to accuracy, profitability, or trading results arising from the Service. By entering into this subscription, Subscriber represents and warrants to Target, its affiliates and their principals, that Subscriber has read, understands and assumes the following risks associated with trading futures in general, and following the Service in particular:

THE RISK OF LOSS IN TRADING COMMODITIES CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. IN CONSIDERING WHETHER TO TRADE OR TO AUTHORIZE SOMEONE ELSE TO TRADE FOR YOU, YOU SHOULD BE AWARE OF THE FOLLOWING:

IF YOU PURCHASE A COMMODITY OPTION, YOU MAY SUSTAIN A TOTAL LOSS OF THE PREMIUM AND OF ALL TRANSACTION COSTS.

IF YOU PURCHASE OR SELL A COMMODITY FUTURE OR SELL A COMMODITY OPTION YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL MARGIN FUNDS AND ANY ADDITIONAL FUNDS THAT YOU DEPOSIT WITH YOUR BROKER TO ESTABLISH OR MAINTAIN YOUR POSITION. IF THE MARKET MOVES AGAINST YOUR POSITION, YOU MAY BE CALLED UPON BY YOUR BROKER TO DEPOSIT A SUBSTANTIAL AMOUNT OF ADDITIONAL MARGIN FUNDS, ON SHORT NOTICE, IN ORDER TO MAINTAIN YOUR POSITION. IF YOU DO NOT PROVIDE THE REQUESTED FUNDS WITHIN THE PRESCRIBED TIME, YOUR POSITION MAY BE LIQUIDATED AT A LOSS, AND YOU WILL BE LIABLE FOR ANY RESULTING DEFICIT IN YOUR ACCOUNT.

UNDER CERTAIN MARKET CONDITIONS, YOU MAY FIND IT DIFFICULT OR IMPOSSIBLE TO LIQUIDATE A POSITION. THIS CAN OCCUR, FOR EXAMPLE, WHEN THE MARKET MAKES A "LIMIT MOVE."

THE PLACEMENT OF CONTINGENT ORDERS BY YOU OR YOUR TRADING ADVISOR, SUCH AS A "STOP-LOSS" OR "STOP-LIMIT" ORDER, WILL NOT NECESSARILY LIMIT YOUR LOSSES TO THE INTENDED AMOUNTS, SINCE MARKET CONDITIONS MAY MAKE IT IMPOSSIBLE TO EXECUTE SUCH ORDERS.

A "SPREAD" POSITION MAY NOT BE LESS RISKY THAN A SIMPLE "LONG" OR "SHORT" POSITION.

THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINABLE IN COMMODITY TRADING CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS LARGE GAINS.

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THE COMMODITY FUTURES TRADING COMMISSION HAS NOT PASSED UPON THE MERITS OF PARTICIPATING IN THIS SERVICE.

4. Indemnity. Target disclaims any liability whatsoever for trading results which may arise from following the trading recommendations of the Service or for any reason whatsoever, including but not limited to any result that may arise from an interruption or discontinuation of the Service. Subscriber hereby indemnifies and holds harmless Target, its affiliates and their principals from any liability (including attorneys’ fees and costs) which may arise under this Subscription Form or otherwise in connection with the Service, including but not limited to liability for trading losses incurred by Subscriber which may arise from following any particular buy or sell signal, or series of buy and sell signals originating from or delivered by Target, its affiliates and their principals. The indemnity set forth herein shall survive the termination of Subscriber’s subscription to the Service.

5. Governing Law and Venue. Subscriber agrees that this Subscription Form shall be governed under the laws of the state of California, and any action arising under this Subscription Form or the subject matter thereof shall be adjudicated in the appropriate court located in Los Angeles County, California.

6. Representations and Warranties of Subscriber. Subscriber represents and warrants to Target that (i) Subscriber has read and understands the Risk Disclosures set forth above and at www.targetrading.com/disclaimer.htm, and (ii) Subscriber is not registered or qualified with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association, or engaged as an investment advisor, as that term is defined in Section 202(a)(11) of the Investment Advisors Act of 1940 (whether or not registered or qualified under that Act), or employed by a bank or other organization exempt from registration under Federal or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.

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7. Miscellaneous. Any notice required under this Subscription Form shall be deemed given if sent to a party’s email address, whether or not such notice is actually received by such party; provided, however, if a notice sent by email is returned as undeliverable, such notice shall be sent in writing by U.S. mail to the last known address of the intended recipient. Subscriber shall be responsible for notifying Target of any change in its email and postal address. A facsimile copy of this Subscription Form, signed by Subscriber, shall be deemed an original. Subscriber hereby irrevocably grants Target the right to publish on its website or elsewhere, in Target's sole and absolute discretion, the content of any email or other correspondence from Subscriber to Target which is complimentary of Target's products or services; provided, however, that Target shall redact such email or correspondence to remove any and all references to Subscriber's surname (other than its initial), email address, and all other personal information. 

8. Nondisclosure. Subscriber acknowledges that it has, or will be provided with, knowledge or information of substantial value regarding Target’s trading system as now being conducted and as the system may evolve in the ordinary course, including, without limitation, live trading signals, computer programs, know-how, trade secrets, formulae, processes, ideas, forecasts, strategies and information of Target (the "Confidential Information") which is not generally known, and will give Subscriber a trading advantage over others who do not know it. Subscriber shall hold all such Confidential Information in strict confidence and shall not disclose any such Confidential Information to any other party without the express prior written consent of Target, which consent may be withheld by Target for any reason whatsoever.

Subscriber hereby acknowledges that disclosure of any Proprietary Information in violation of the terms hereof would cause irreparable harm to Target. Accordingly, without prejudice to the rights and remedies otherwise available, Target is entitled to equitable relief through injunction if Subscriber or any of its employees, agents or representatives breaches any provision of this Agreement generally, and this Section 8, specifically.

The term "Confidential Information" shall not include information which is (i) generally or readily obtainable through legitimate means by the public or the trade, (ii) publicly known or becomes known, through no fault or activity of Subscriber or (iii) required to be disclosed by Subscriber pursuant to deposition, interrogatory, request for documents, order, subpoena, civil investigative demand or similar legal compulsion; provided, however, that prompt written notice of such requirement shall be provided to Target so that it may seek a protective order or other appropriate remedy and/or may waive compliance with this Section 8; and provided, further, that if such protective order or other remedy is not obtained, and whether or not such waiver is given, only such portion of the Confidential Information which Subscriber is advised in writing by his counsel is legally required to be disclosed shall be disclosed and reasonable effort shall be made to obtain assurances that confidential treatment will be accorded such Confidential Information. Subscriber acknowledges that the disclosure or use of any Confidential Information in violation of this Agreement could gravely affect the effective and successful conduct of the One Click signal service of Target.

 

9. Other Services. In the event Subscriber purchases any training course or other product or service offered by Target, Subscriber hereby agrees that all of the terms and conditions set forth herein (other than price) shall apply thereto, including but not limited to the nondisclosure provisions set forth in section 8, above, and the warranty information set forth in section 10, below.  The price for each service is set forth below.

 

10. Warranty Information. There is no guarantee whatsoever that any training course, service or product offered by Target or any affiliate of Target (including without limitation, any officer, director, employee or agent of Target), will result in trading profits.  There is no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to any such training course, product or service.  Payment for any course, product or service offered by Target or any affiliate of Target is nonrefundable.

 

11. Survival. All of the provisions of this Subscription Form, including without limitation each covenant, agreement and representation set forth above, shall survive the  termination of Subscriber’s subscription to the Service, and shall apply regardless of whether or not Subscriber elects to continue his or her subscription after the expiration of any one week the subscription period.

The foregoing is understood and agreed to by the undersigned Subscriber.

Date  _________________________

 

Subscriber Signature  ________________________________

Please Print, Complete ALL FIELDS and Fax this Agreement to 310-578-9466.

I am subscribing to (check the appropriate line):

5 Day Trial Signals ($95)  ____

S&P/E-mini Training Course ($4,995):____

Live Training/Coaching ($750 per day; 2 day minimum) _____

Print Name  _________________________

Telephone Number  _________________________

Street Address  _________________________

City, State, Zip  _________________________

E-mail Address  _________________________

Yahoo Messenger (required for One Click subscribers):                                                       

(obtain by downloading Yahoo Messenger and installing the program on your computer).

Referral Source                                                     

* Optional   Please Tell Us About Your Trading Background And Style  

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Return the completed Subscription Form to:

Tatkin Trading Company, Inc.
8117 W. Manchester Avenue
PMB 524
Playa Del Rey, CA 90293
FAX: 310-578-9466