Company or its Affiliates Right to Monitor Your Use
Company or its Affiliates reserves the right to monitor your use of the site, to limit or terminate your access to the site, and to cancel your subscription and terminate your Subscription Agreement if you do not pay your subscription fees or if you fail to observe any of our Terms of Use.
Your Additional Agreements
By subscribing to any subscription services from Company or its Affiliates, viewing any of our site's web pages, participating in the Company or its Affiliates or receiving any of Company or its Affiliates products or services, you fully understand and agree that all securities and financial markets are subject to numerous implicit and explicit risks, none of which Company or its Affiliates can control or influence. You therefore acknowledge and agree that all investment decisions you may make, including decisions that take into account or rely on any information provided or made available by or from the Company or its Affiliates site, are yours and yours alone and are made solely at your own risk.
You also agree to bear complete responsibility for your investment research and decisions and acknowledge that Company or its Affiliates has not and will not make any specific recommendations to you or any of its subscribers upon which you or any of them is entitled to rely. You also understand that the information disseminated on the site and in Company or its Affiliates e-mail alerts and newsletters represent non-personalized, disinterested opinions and commentary of Company or its Affiliates and its employees and students, or may only represent the views of other subscribers, but that none of them constitutes a solicitation or recommendation to buy or sell securities.
Information on Our Site
Company or its Affiliates does not represent or warrant the accuracy, completeness or timeliness of any statements made or information, data or content provided on or through the site or in any other Company or its Affiliates 's products or services. None of the information provided by Company or its Affiliates replaces your need to undertake continued, independent research into securities that may be mentioned on the Company or its Affiliates site, and you agree to reach your own independent conclusions about any investment decision concerning all securities mentioned on the site.
Our Seminars and Workshops
Company or its Affiliates also is not responsible for and does not guarantee the accuracy or veracity of any statements, postings or messages made or provided in our Rooms by its own employees or students, or by any subscriber or other third party. As a subscriber of the site, you agree that any action taken by you with respect to any information from the Workshop is undertaken at your risk alone and is not the responsibility of Company or its Affiliates.
If you have access to Company or its Affiliates indicators, you agree that you are solely responsible for verifying the accuracy of all information you provide, introduce or post to the Rooms and for all consequences to others that may results from your information.
Use of offensive, defamatory or otherwise objectionable language, as determined solely by Company or its Affiliates in its discretion in the chat-room or public posting areas or the posting of copyrighted or other protected material that may infringe upon the rights of others is not permitted. Company or its Affiliates may cancel the subscription of any subscriber who fails to observe this condition.
Ownership of the Site and All Materials
You acknowledge and agree that all original works, content, logos, slogan, names or other marks, data, information and materials provided on or made available on or through the site ("Site Content") are proprietary to and belong to Company or its Affiliates, unless otherwise specifically noted that is or may be subject to protection by copyrights, trademarks and service marks, intellectual property, or other proprietary rights and laws. Further, other subscribers and third parties may also provide content, materials, data and information to the site that is included in references to Site Content herein.
There are opportunities for you to provide information, data or materials to the site. If you provide or post such information, data or materials, other than the specific subscriber information required for registering as a subscriber, to the site or in the Rooms, by voice, electronic means including e-mail, or otherwise ("Subscriber Provided Content"), we will treat it as non-confidential and non-proprietary to you.
Except as expressly authorized by Company or its Affiliates in writing, you agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or modify any of our materials or create any derivative works from such materials or Site Content. You may print or download one copy of the materials or Site Content on the site on any single computer for your own personal, non-commercial use in connection with your personal activities, but you must keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company or its Affiliates is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
Your Limited User License
So long as you remain a subscriber in good standing of Company or its Affiliates, you have a limited nonexclusive license to access, view, display and download portions of the site, including Site Content, for your use. However, no subscriber or other user is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create any of the materials or Site Content on our site or any derivative works from or use the Site Content, in whole or in part, except as is expressly authorized by this license.
You also agree that you will not
(i) use the site or information or Site Content from the site for any commercial activity, including any activity that competes with the business of Company or its Affiliates,
(ii) excerpt information or Site Content from the site for posting elsewhere on the Internet without Company or its Affiliates express prior written consent,
(iii) take any action inconsistent with Company or its Affiliates ' ownership of the site, Site Content and the intellectual property rights associated with the Site Content or the site including those of Company or its Affiliates and third parties, or
(iv) take any action or step that would tend to disrupt, alter or impede the operation of the site, alter the Site Content , impede access to or use of the site by others, or otherwise would be damaging, injurious or objectionable to Company or its Affiliates, the site or any other of its Subscribers. Company or its Affiliates reserves all rights not expressly licensed.
Postings in the Online Chat Room
As a subscriber, you will from time to time have the ability to communicate in the Chat Room provided on the site. Because other subscribers may form impressions about you based on what you say or post on the Company or its Affiliates site, you agree to exercise a reasonable degree of diligence, care and thought before you make or post any comment or alert, and understand that you are solely responsible to verify the basis for and accuracy of any comment or alert you make or post.
Prohibited Postings and Comments
You agree that you will refrain from any offensive, defamatory, vulgar, obscene, political or racial remarks and comments, and will not make any personal attacks, use any offensive or inappropriate language, post material that is harmful to minors, engage in any hyping or front running, or place or post on the site any "spam," advertisements or promotional material. Company or its Affiliates reserves the right to deny posting privileges or other access privileges, including without limitation revocation and cancellation of subscription, for violating these conditions.
You can be held liable for any illegal or prohibited Content you provide to the site, including, among other things, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or other materials injurious to third parties. You can also be heldliable for materials consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
If you participate in the Company or its Affiliates indicator services, you agree to refrain from asking any and all business and or personal questions directly of Company or its Affiliates at any time. However, you may direct those questions by visiting the site “Contact Us” tab and sending a communication.
Control of Site Content
The site presents material and content, including text, graphics, images, illustrations, information and material subject to the intellectual property rights of Company or its Affiliates belonging to third parties, and other sources, reports and data generated as a result of subscriber input. All of this is called "Site Content." Company or its Affiliates retains complete discretion over the Site Content, including the right to remove or modify any Site Content.
Company or its Affiliates has no obligation and undertakes no responsibility to review the Site Content to determine its reliability, accuracy or completeness. Further, although it has no obligation to police Site Content, if Company or its Affiliates determines in the exercise of its sole discretion, that any Site Content may give rise to any liability or claim against Company or its Affiliates, it may decline or cease to distribute or post such Site Content and take other remedial measures. The contributions of third parties do not necessarily represent the view or opinions of Company or its Affiliates.
Limitation of Liability for Site Content and Data
COMPANY OR ITS AFFILIATES IS NOT LIABLE FOR ANY LOST CONTENT, INCLUDING DATA, RESULTING FROM THE OPERATION OF OUR SITE AND/OR THE ENFORCEMENT OF THE TERMS OF USE. WE URGE YOU, AS WELL AS ALL OUR SUBSCRIBERS, TO MAINTAIN YOUR OWN BACK UP VERSIONS OF ANY CONTENT, INCLUDING DATA, YOU SUBMIT TO THE SITE. COMPANY OR ITS AFFILIATES IS NOT LIABLE FOR USE OF ANY PERSONAL INFORMATION OR CONTENT BY THIRD PARTIES GAINING ACCESS TO SUCH PERSONAL INFORMATION OR CONTENT FROM THIS SITE BY ANY MANNER. FURTHER, COMPANY OR ITS AFFILIATES IS NOT LIABLE OR RESPONSIBLE FOR ANY CONTENT, INCLUDING DATA, PROVIDED BY ITS SUBSCRIBERS OR OTHER THIRD PARTIES TO THE SITE.
Corrections to Site Content
If you believe any information available on the Company or its Affiliates site is incorrect or inaccurate, or offensive, please inform Company or its Affiliates by visiting the “Contact Us” portion of the site. We will be pleased to make appropriate inquiries and, if warranted, remove incorrect, inaccurate or offensive information from our site, post corrections or provide additional information, as indicated.
Information Supplied by Others
The site contains links to other web sites operated by third parties as well as information provided by third parties. You understand and agree that Company or its Affiliates is not responsible for the content, accuracy, or legality of what may appear on those other sites, and that the inclusion of any such link or third party materials do not constitute or imply any endorsement, sponsorship or affiliation with the site by Company or its Affiliates, or any representation that any of the third party information is correct, accurate or reliable.
Our Disclaimers and Limitations on Liability
All trades, trade reports, charts, text/audio trade OR market coverage, training sessions, phone sessions AND/OR any trading results, of any kind, should be viewed as hypothetical and without merit; and if they were accurate, they may never be able to be duplicated in the future -- it is not our intention to make specific trading recommendations, and no claims are being made that we are initiating the signals posted. Your attempt to duplicate these posted trades may be hindered by the inherent delay in receiving a post AND executing that post, market liquidity, AND your own trading issues -- slippage, commissions, trading software/internet outages, etc.. A stop loss may not limit your loss to the amount intended. NO representation is being made that any account will OR is likely to achieve profits or losses similar to those shown.
All subscribers OR anyone viewing the Company or its Affiliates updates or services information acknowledge and agree that they are aware of the risk parameters involved in trading, and that the leveraged nature of futures trading can cause losses greater than your account balance. You further agree to accept full, complete, and sole responsibility for any and all results. Opinions are current opinions only, and past results are not indicative of future results. Company or its Affiliates provides this information for your private use only. We do not represent that it is accurate or complete, and it cannot necessarily be relied upon. It is your responsibility to know and define the risk before trading. You agree that all trading decisions are your own. You agree that you will not hold Company or its Affiliates, or anyone associated with Company or its Affiliates, liable or responsible for any of your losses or results.
This statement is furnished to you because rule 1.55 and 4.41 of the Commodity Futures Trading Commission requires it.
The risk of loss in trading commodity futures and options contracts 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, you should be aware of the following:
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 a position in the commodity futures market. 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 required 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.
This brief statement cannot, of course, disclose all the risks and other significant aspects of the commodity markets. You should therefore carefully study futures trading before you trade. Distribution and or re-transmission of any of the content provided by Company or its Affiliates in any form or by any medium is expressly prohibited. Entrance to the subscriber areas of the website is restricted without exception to subscribers, and all subscribers agree to protect the confidentiality of the content contained within. It is agreed that no passwords or subscriptions will be shared or divulged; it is further agreed that no online conferencing or chat codes will be shared or divulged.
Your Obligation to Indemnify Us
You agree to indemnify, defend and hold harmless Company or its Affiliates, and their officers, directors, employees, students, information providers and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs, including reasonable attorney's fees, arising out of, in connection with or relating to any violation by you of the Subscription Agreement or these Terms of Use, including claims of infringement of intellectual property or other third party rights, or otherwise, directly or indirectly resulting from or attributable in any way to any access to, use of or posting of material or content on the Company or its Affiliates site by you.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Further, you agree not to engage in any unauthorized framing, linking or deep-linking to the Site without the prior written consent of Company or its Affiliates.
Business Transfers
As we continue to develop our business, we might sell or buy sites, products, services, or technology. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Company or its Affiliates or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Other Terms, Conditions and Provisions
The Subscription Agreement and these Terms of Use together constitute the entire agreement between you and Company or its Affiliates with respect to this site and supersede all prior or contemporaneous communications and proposals, if any, whether oral, written or electronic, between you and Company or its Affiliates with respect to this site.
The Subscription Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else. You also agree that you will not allow anyone else to access the Company or its Affiliates site unless such other person has registered as a subscriber. You agree that you will be solely responsible for any liability arising from any third party access to or use of the site that you permit or facilitate.
Although the site is accessible worldwide, not all products or services discussed or referenced in the site are available to all persons or in all geographic locations or jurisdictions. Company or its Affiliates reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it determines in its sole discretion. The offering or availability of any product or service by means of this site is void where prohibited by law.
This Agreement shall be governed by and construed in accordance with Nevada law, without regard to that state's choice of law rules. You agree that your use of the site constitutes activity in Nevada and for the purpose of litigating any dispute arising under this Agreement, you agree that any action commenced against Company or its Affiliates shall be commenced and maintained solely in a federal or state court of competent subject matter jurisdiction within the jurisdiction of the U.S. District Court for the Carson City County of Nevada, Carson City Division. You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event Company or its Affiliates commences an action against you.
If any term or provision of the Subscription Agreement or of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law, the remainder of the Subscription Agreement or Terms of Use, as the case may be, that can be given effect without such term or provision, shall be given full effect.
Any failure by Company or its Affiliates to enforce strict performance of any provision of the Subscription Agreement or the Terms of Use will not constitute a waiver of its right subsequently to enforce such provision or any other provision of the Subscription Agreement or Terms of Use.
