MY HAPPY TRADING

 

TERMS OF USE

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY AS THEY CONTAIN IMPORTANT LEGAL INFORMATION, REMEDIES AND OBLIGATIONS, AS WELL AS VARIOUS LIMITATIONS AND EXCLUSIONS. BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO THE TERMS OF SERVICE, JUST AS IF YOU HAD SIGNED THE USER AGREEMENT.

 

1.         USAGE

 

            (a)        Use of MY HAPPY TRADING services and networks (“MHT”) is intended for USERS (readers, visitors, members) who are eighteen (18) years of age or older (“USER”). A MEMBER is a USER who registers for a MHT account with a USER name and password. Any use of or access to MHT by anyone under the age of 18 may result in suspension and/or termination of their account and profile, without prior notice. Use of MHT by a USER constitutes a representation and warranty that the USER is 18 years of age or older, is not barred from receiving MHT services under local laws or any applicable jurisdictions, and that USER agrees to and will abide by all of the terms and conditions of this Agreement. As a USER of myhappytrading.com, you understand that MHT cannot filter all materials or substance disseminated on or through the website. Therefore, USERS are solely responsible for their interactions with other MEMBERS while accessing myhappytrading.com.

 

            (b)        Membership to and use of MHT is exclusive to the registered MEMBER and is not transferable by assignment, license, sublicense, or any other method to any other person or entity.

 

2.         MEMBER RESPONSIBILITIES

 

In consideration of the MEMBER’s use of MHT services, MEMBER agrees to do the following:

 

            (a)        Register and maintain only one (1) personal account with MHT;

 

            (b)        Provide current, complete and accurate information about the MEMBER during registration;

 

            (c)        Keep MEMBER’s password and identification confidential and secure;

 

            (d)        Immediately notify MHT of any unauthorized use of the MEMBER’s password, account or any other breach of security;

 

            (e)        Promptly update the MEMBER information, and any other information MEMBER provides to MHT, as soon as changes to such information are known; and

 

            (f)         Be responsible for all use of MEMBER’s account and all information, goods, products, services, data, software, text, sound, music, photographs, video, graphics, messages or other materials (collectively “Content”) contributed and for any actions that take place as a result of use of MEMBER’s account.

 

3.         USER NAMES, EMAIL ADDRESSES, PROFILES

 

In consideration of MEMBER’s use of MHT, MEMBER agrees not to create or use:

 

            (a)        A user name, email address or profile selected with the intention to impersonate another person or entity;

 

            (b)        A user name, email address or profile which is subject to any person’s rights other than MEMBER, without express permission;

 

            (c)        A user name or profile which violates any other person or entity’s intellectual property rights, copyrights, trademarks, service marks or the like; and

 

            (d)        A user name or profile that MHT, in its sole discretion, deems offensive.

 

4.         TERM AND TERMINATION OF MEMBERSHIP

 

This Agreement will remain in effect during the term of your membership and/or your use of MHT Services. MEMBER may terminate his/her membership at any time by contacting MHT.

 

MHT reserves the right to suspend, withhold or terminate MEMBER’s account and refuse any or all current or future use of MHT networks and services, in whole or in part. MHT and its affiliates have no liability to MEMBER or any third party for any suspension, withholding of services and/or termination of MEMBER’s account and any associated Content. MEMBER agrees that all suspensions, withholdings and/or terminations shall be made in MHT’s sole discretion. MEMBER further agrees that MHT may, for any reason and without prior notice, immediately suspend, withhold and/or terminate MEMBER’s MHT account. Such reasons may include, but are not limited to:

 

            (a)        If the registration information provided by MEMBER is inaccurate, untrue, incomplete, out-of-date, or if MHT has reason to suspect that the information submitted by MEMBER is inaccurate, untrue, incomplete or out-of-date;

 

            (b)        MEMBER fails to abide by any provision of Paragraphs 2 and 3 above;

 

            (c)        If MEMBER, or any authorized or unauthorized user of MEMBER’s account, commits any breach or violation of this Agreement or other incorporated agreements, terms and conditions, or guidelines made in addition to this Agreement;

 

            (d)        If MEMBER engages in fraudulent or illegal activities;

 

            (e)        If MHT receives a request by law enforcement or other government agencies;

 

            (f)         If MEMBER requests termination of his/her account;

 

            (g)        Extended periods of MEMBER inactivity;o:p>

 

            (h)        Discontinuance or material changes and/or modifications to the MHT Services or any part thereof;

 

            (i)         Unexpected technical, security or administrative issues or problems.

 

 

5.         DESCRIPTION OF SERVICES

 

MHT provides USERs with financial market information, both delayed and real-time. Such information may include, but is not limited to, market news, stock quotes, and other company information from external data providers or other USERs. MHT further provides analysis of and commentary on the information using MHT proprietary processes. USER-specific services include, but are not limited to: community features, publishing features, posting Content through the MHT Services, participation in web-based discussions, e-mail alerts, video podcasts, webinars, and interaction with other USERs. USERs will have the ability to actively relate in community features, including commenting on and/or contributing to other USERs’ generated Content. USERs soon may be provided with virtual portfolios, allowing USERs to conduct virtual “transactions” on securities in a simulated market environment (MHT is not a broker and does not provide the ability to conduct “live” buy/sell or order transactions). In the event virtual portfolios become a feature of the MHT website, be aware that virtual portfolio transactions are simulated transactions only and do not represent actual ownership and/or trading of the corresponding securities.

 

MHT provides some of its services free of additional charge to its USERs. Other services are fee-based or subscription-based and may include additional requirements. All fees, subscriptions and/or requirements for such optional services will be clearly identified and separately agreed to when USERs access and sign up for such optional services.

 

All USER Content posted in web logs, forecasts, forums, virtual trades, messages, discussion boards or any other means available to USERs of MHT are the opinions of such contributors of the Content and do not in any way reflect the opinions of MHT, its affiliates, or any other USER.

 

Although MHT will make every reasonable effort to ensure that Content from external data providers is accurate, occasional and inadvertent errors do occur. Such Content is for discussion and informational purposes only. MHT and its affiliates shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, posted or made available through MHT Services.

 

None of the information and Content available through MHT is intended in any way to be advice, reliance or recommendation. Each USER should conduct his/her own due diligence process before making an investment decision. Neither MHT nor its affiliates, employees, contractors, licensors or other entities affiliated with MHT are responsible or liable for any trading or investment decisions based on the information and Content provided by MHT or through MHT services. USERs should always consult an authorized financial professional to verify the accuracy of stock prices and any other related information and not rely solely on the information, Content and services of MHT.

 

MHT reserves the right to modify, limit, temporarily suspend or permanently eliminate the Services it provides (or any part thereof), with or without notice. USER agrees that MHT and its affiliates shall not be liable to USER or any third party for such modification, limitation, suspension or elimination.

 

6.         DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

USER EXPRESSLY AGREES THAT HE/SHE, SOLELY, BEARS THE RISK FOR USE OF THE MHT FORUMS AND SERVICES. NEITHER MHT NOR ITS AFFILIATES, EMPLOYEES, PRINCIPALS, AGENTS, OR THIRD PARTY CONTENT PROVIDERS OFFER ANY WARRANTIES OR GUARANTEES: (A) THAT USE OF THE MHT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) RELATING TO THE RESULTS USER MAY OBTAIN FROM USE OF THE MHT SERVICES; AND/OR (C) RELATING TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED THROUGH MHT OR THE FORUMS.

 

MHT SERVICES, INCLUDING FORUMS, ARE PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR ANY WARRANTIES OF TITLE.

 

USER ACKNOWLEDGES AND AGREES THAT MHT AND ANY ENTITIES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MHT SERVICES, BEAR NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES, ARISING OUT OF USER’S USE OF OR INABILITY TO USE MHT SERVICES, NOR OUT OF THE BREACH OR ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION OF THE AGREEMENT SHALL APPLY TO ALL CONTENT ON MHT SERVICES AND FORUMS.

 

ALL DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY AND ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, FAILURE OR DELAY IN TRANSMISSION OR OPERATION, DELETION, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF MHT SERVICES, WEBSITE AND/OR CONTENT. FURTHER, ALL SUCH DISCLAIMERS OF LIABILITY APPLY TO ANY BREACH OF CONTRACT, NEGLIGENCE, TORTIOUS BEHAVIOR OR ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT MHT IS NOT LIABLE FOR THE OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, USERS, OR OTHER USERS OF FORUMS, AND THAT RISK OF INJURY FROM THE FOREGOING REMAINS SOLELY WITH USER.

 

MHT DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH MHT SERVICES AND WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. USER ACKNOWLEDGES AND AGREES THAT HE/SHE SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT.

 

MHT DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT OR ADVICE ON MHT SERVICES AND FORUMS. MHT BEARS NO RESPONSIBILITY OR LIABILITY FOR ANY DEFAMATORY, OFFENSIVE, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED MHT EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. MHT IS IN NO WAY AND UNDER NO CIRCUMSTANCES LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON MHT SERVICES AND/OR ANY POSTING ON THE FORUMS. USER ACKNOWLEDGES THAT IT IS HIS/HER RESPONSIBILITY TO ANALYZE AND EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY AND ALL CONTENT, INFORMATION, OPINION OR ADVICE AVAILABLE THROUGH MHT SERVICES AND/OR FORUMS. USER ACKNOWLEDGES THAT IT IS HIS/HER RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, RELATING TO THE EVALUATION OF ANY SPECIFIC INFORMATION, ADVICE, OPINION OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO BUSINESS, ECONOMIC NEWS, FINANCIAL, OPINION, ADVICE, OR OTHER CONTENT.

 

USER AGREES THAT THE LIABILITY OF MHT AND ITS AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS, IF ANY, WHICH IS IN ANY WAY CONNECTED WITH MHT SERVICES OR THE INFORMATION OR CONTENT ON THE SERVICES IS LIMITED TO AND SHALL NOT EXCEED THE AMOUNT USER PAID TO MHT FOR USE OF MHT SERVICES. IN SOME JURISDICTIONS, EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED. IN THAT EVENT, THE ABOVE LIMITATION MAY NOT APPLY TO USER.

 

USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL MHT AND AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USER’S USE OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY, AND/OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH MHT SERVICES.

 

USER ACKNOWLEDGES AND AGREES THAT MHT IS NOT A LICENSED SECURITIES BROKER/DEALER. MHT DOES NOT AND WILL NOT SERVE AS A SECURITIES BROKER/DEALER. USER AGREES TO BE SOLELY RESPONSIBLE FOR HIS/HER INVESTMENT DECISIONS AND ACKNOWLEDGES THAT HE/SHE ASSUMES ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH INVESTING.

 

7.         USER CONDUCT FOR POSTING CONTENT

 

USER agrees and acknowledges that MHT neither endorses USER’s contributed Content or communications, or that from any other USER; nor does MHT pre-screen or assume responsibility or liability for any threatening, libelous, obscene, harassing or offensive material contributed by any USER. MHT assumes no responsibility or liability for any infringement of third party intellectual property rights or any crime facilitated by any USER’s contributed Content. USER acknowledges and agrees that he/she is solely responsible for all of his/her contributed Content on the sites and through MHT Services.

 

By use of MHT Services, USER agrees not to engage in or contribute threatening, libelous, obscene, harassing or offensive information or postings. USER further agrees that all of his/her contributed Content, information and/or postings are not made for the purpose of deceiving, cheating, leading, generating false intentions or carrying out of illegal acts. USER agrees to comply with all regulations, policies and procedures of networks connected to MHT Services. USER agrees, represents and warrants that he/she will not:

 

            (a)        Post, upload or transmit any Content that infringes any patent, trademark, trade secret, insider information, copyright, rights of privacy or publicity, or any other proprietary or non-public material information;

 

            (b)        Post, upload or transmit unsolicited “spam” or commercial email, including but not limited to unethical marketing, advertising or any other practice that is in any way connected with “spam”, such as mass emailing recipients; promoting of a site, service or product not affiliated with or authorized by MHT; and/or advertising of a site, service or product through submissions on public web logs, forums, threads or any other communication means;

 

            (c)        Post, upload or transmit or in any other way make available any Content, posts or other information which is unlawful, harmful, inappropriate, abusing, tortuous, defamatory, libelous, pornographic, obscene, hateful, racially, sexually, ethically, religiously or otherwise discriminatory and invasive to another USER;

 

            (d)        Post, upload or transmit any Content containing software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or communications equipment;

 

            (e)        Provide resources, support, or conceal or disguise the nature, location, source or ownership of material support or resources, to any person, entity or parties designated by the United States government as a criminal or terrorist organization under Section 219 of the Immigration and Nationality Act, or any designations by the government of the country in which USER resides;

 

            (f)         Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the United States Securities and Exchange Commission, the Ontario Securities Commission, and any rules of any national or other securities exchange, including but not limited to the New York Stock Exchange, the American Stock Exchange, The NASDAQ or the Toronto Stock Exchange, and any regulations having the force of law;

 

            (g)        Harm any minors in any way;

 

            (h)        Collect or store personal data about other USERs of MHT;

 

            (i)         Use MHT Services to solicit USERs to participate in or use services that compete with MHT;

 

            (j)         Use web logs, forums, threads or any other communications medium to forward MHT Services to another website;

 

            (k)        Use MHT Services in bad faith; and/or

 

            (l)        Use of a false identity.

 

8.         NO REFUND POLICY

 

ALL SALES ARE FINAL. There are no refunds for any paid services. MHT recommends the USER to first try out monthly subscriptions to the premium service(s) of your choice, before subscribing to longer terms. USER will not be granted a refund in the event the USER voluntarily or involuntarily terminates subscription services. Once a subscription is terminated, no further recurring charges should occur on that subscription. For the non-subscription-based services (including, but not limited to, Analyst Reports, Video Podcasts, Webinars…etc.), all sales are final and no refunds will be issued once purchased.

 

9.         PRIVACY POLICY

 

USER’s personal information and other information concerning the USER are subject to MHT’S Privacy Policy, incorporated herein by reference. Notwithstanding such Privacy Policy, if USER reveals or discloses personal information in the contributed Content, such information can be used by others and may result in unsolicited contacts from other USERs or third parties. MHT provides no warranties or guarantees that personal information disclosed by USERs in the course of using MHT Services will remain private. MHT bears no liability or responsibility for any actions or policies of third parties.

 

10.        TRADEMARKS

 

The My Happy Trading logo, My Happy Trading Technical Analysis and HappyTrading! Trademark, My Happy Trading design, HappyTrading! Trademark, Wang’s Happy Trading Trademark, myhappytrading.com, wangshappytrading.com, Happy Blog, Happy Chat, Happy Stock Meter, Happy Trades, and other MHT logos, graphics, products and service names are trademarks of Happy Trading, LLC and may not be used without the prior express written consent of Happy Trading, LLC.

 

11.        PROPRIETARY RIGHTS AND OWNERSHIP

 

USER acknowledges and agrees that MHT Services and any necessary software and applications (“Software”) used in connection with the Services contain proprietary and confidential information protected by intellectual property and other laws. USER further acknowledges and agrees that content contained in sponsor advertisements or presented through MHT Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. USER agrees not to rent, lease, loan, modify, distribute, sell or create derivative works based on MHT Services or Software, in whole or in part, unless express written authorization is obtained from MHT, its sponsors or advertisers.

 

MHT grants USER a personal, non-exclusive and non-transferable right and license to use the object code of its Software on a single computer, provided that USER does not (and does not allow any third party to) modify, copy, reverse engineer, create derivative work from, reverse assemble or otherwise attempt to discover any source code, nor to sell, assign, grant a security interest in, sublicense, or otherwise transfer any right in the Software. USER agrees not to modify the Software in any manner or to use modified versions of the Software, including but not limited to modification or use of modified versions to gain unauthorized access to MHT Services. USER agrees not to access MHT Services by any means other than through the Software provided by MHT for use in accessing MHT Services.

 

Contributed Content contained within MHT Services and through MHT Services is the property of the contributing USER. While MHT makes every effort to provide useful and accurate information, MHT makes no guarantees or warranties as to the truthfulness, accuracy, completeness or intent of USER contributed Content. USER shall retain copyright ownership and all other related rights to the Content USER contributes on MHT Services or through MHT Services, unless otherwise stated for specific services. However, USER agrees to grant MHT the irrevocable, royalty-free, indefinite, worldwide and non-exclusive right and license (but not ownership) to reproduce, publish, modify, and use USER’s Content for any other reasons that MHT chooses. USER further agrees not to reproduce, duplicate, copy, modify, republish, transmit, sell, license, trade, resell, transfer, unrightfully claim ownership, create derivative works from, or exploit for any commercial purposes, all or any portion of other USER contributed Content, without that other USER’s express consent.

 

Further, USER agrees to have his/her Content copied, used, distributed and displayed through RSS aggregators, search engine optimizers, and any future related distribution technology developed through continued growth of Internet technology.

 

USER acknowledges and agrees that data, information and content provided to USER by MHT proprietary processes, and other market data provided by MHT is the property of MHT, the various data providers and exchanges, respectively. Such data, information and content is subject to modifications from MHT and the various data providers and exchanges and all copyright and other interests maintained by MHT and the sources.

 

12.        STORAGE

 

MHT assumes no liability or responsibility for deletion or failure to store information and/or Content entered through MHT Services.

 

13.        THIRD-PARTY WEBSITE LINKS

 

MHT sites and Services may contain hyperlinks to domains, resources and advertisers operated by parties other than MHT. Such hyperlinks are provided for USER’s reference only and MHT is not responsible or liable for the availability, content, advertising, products or other materials on such external sites. Inclusion of such hyperlinks does not imply any endorsement of the materials on or association with the operators of such other sites. MHT bears no responsibility or liability, directly or indirectly, for any loss or damages caused or alleged to have been caused as a result of the use of or reliance on any content, goods, advertising or services available on such external sites. All concerns relating to any external link should be directed to its respective site administrator or webmaster.

 

14.        INTERNATIONAL USE

 

USER agrees to comply with all local rules and regulations concerning online conduct and acceptable Content. USER specifically agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States .

 

15.        EQUIPMENT AND ACCESS

 

USER agrees that he/she has the responsibility to obtain and maintain all telephone, computer hardware and other equipment necessary for access to and use of the Internet in order to access MHT Services and website(s). USER further agrees to be responsible for all charges related thereto.

 

16.        INDEMNIFICATION

 

USER agrees to indemnify, defend and hold MHT and Affiliates, their employees, officers, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from USER’s use of MHT Services or arising from USER’s violation of this Agreement or any third party’s rights, including but not limited to copyright, property and privacy rights. This indemnification, duty to defend and hold harmless obligation will survive this Agreement and USER’s use of MHT Services.

 

17.        MISCELLANEOUS PROVISIONS

 

This Agreement and any operating rules for the sites, forums and Services established by MHT constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with regard to the subject matter. 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. This Agreement is deemed to have been accepted and executed in Los Angeles County, California. USER agrees that the applicable law to any action arising or relating to MHT, will be governed by the laws of the State of California. USER agrees to submit to the personal and exclusive jurisdiction of the Courts of Los Angeles County, California, and this Agreement and the relationship between MHT and USER shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws or regulations. Section headings used herein are for convenience only and shall not be given any legal import. If any provisions of this Agreement or incorporated documents are found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court shall endeavor to give effect to the intentions as reflected in such provision to the maximum extent permitted by law, and the other provisions of this Agreement remain in full force.

 

MHT’s failure to exercise any right or provision of this Agreement or any additional agreements thereto at any time shall not constitute a waiver of such right or provision in the future.

 

USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of MHT Services or this Agreement must be filed within a statute of limitation of one (1) year after such claim or cause of action arose, or be forever barred.

 

Neither MHT, it affiliates, any third party data provider, nor any of their respective agents shall be liable in any way whatsoever under any theory of claim of law or in equity, for or due to any act or circumstances beyond their reasonable control, including but not limited to acts of God, power failures, equipment and/or software malfunctions, war, terrorism, fire, earthquake, floods or other natural disasters, Internet interruption or failure, organized labor strikes, or new governmental laws or regulations, even if such party has been advised of the possibility of such damages.