End-User License Agreement (EULA)
USER AGREEMENT AND DISCLAIMER
Please read the following carefully.
All terms and conditions must be agreed to prior to use of this software.
Trade Ideas, LLC and/or Trade-Ideasä (“TI”) reserves the right to modify the terms and conditions contained herein. Your use of the website and software constitutes YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE, as modified. IF YOU DO NOT UNDERSTAND AND/OR WISH TO ACCEPT THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN, DO NOT USE THE TRADE-IDEASä WEBSITE AND/OR SOFTWARE.
- Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by TI in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that TI will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TI, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the User Agreement and Disclaimer for your records.
- Provision of the Services by TI
- TI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TI provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that TI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TI when you stop using the Services.
- You acknowledge and agree that if TI disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while TI may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of server activity used for the provision of any Service, such fixed upper limits may be set by TI at any time, at TI’s discretion.
- Security Disclaimers
Nothing herein constitutes an offer or a solicitation for the purchase or sale of any security to any person in any jurisdiction in which such an offer or solicitation is not authorized. All purchases and sales of securities must and are made through a registered securities broker or dealer of your choosing with whom you have a contractual relationship and have agreed to and accepted such broker’s or dealer’s terms and conditions.
- Warranty Disclaimers
TI shall not be liable for any errors or delays in the information, data, content, quotes, transactions, advertisements, and/or other material contained in, gathered by, used in, relied upon, and/or presented by TI(hereinafter collectively “Information and/or Services”).
THE INFORMATION AND/OR SERVICES PROVIDED BY TIIN RELATION TO THE INFORMATION AND/OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TIEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION OR SERVICE, IN NO EVENT SHALL TI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE INFORMATION AND/OR SERVICES.
- Use of the Services by you
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TI will always be accurate, correct and up to date.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TI, unless you have been specifically allowed to do so in a separate agreement with TI. You specifically agree not to access (or attempt to access) any of the Services through any automated means.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Unless you have been specifically permitted to do so in a separate agreement with TI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that TI has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TI may suffer) of any such breach.
- Passwords, Account Security and Privacy
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- Accordingly, you agree that you will be solely responsible to TI for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify TI immediately at firstname.lastname@example.org and hereby urged to change your password at http://www.trade-ideas.com/AdvancedFeatures.html.
- You agree to the use of your data in accordance with TI’s privacy policies.
- Proprietary Rights
- You acknowledge and agree that TI (or TI’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Unless you have agreed otherwise in writing with TI, nothing in the Terms gives you a right to use any of TI’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by TI, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- User agrees not to use the Information and/or Services and/or TIin any manner that could compete with TI.
- License from TI
- TI gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TI as part of the Services as provided to you by TI (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TI, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TI, in writing.
- Unless TI has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Limitations and Prohibited Use of TI
As an expressed condition of using TI, User agrees to use the website and/or software and/or the Information and/or Services for personal use only and not for any purpose that is unlawful or that is prohibited by these conditions and terms. Further, User agrees to determine that the use of TI to connect to and/or utilize information and/or services of User’s securities broker or dealer is not prohibited by User’s securities broker or dealer. TI may only be used by a User located in a jurisdiction, state, county, province, territory, and/or country where such Information and/or Services are allowed either by the jurisdiction, state, country, province, territory, and/or country, and allowed by the United States.
- Restriction on and/or Termination of Access
TIreserves the right, in its sole discretion, to restrict or terminate User’s access to any and/or all of the Information and/or Services at any time without prior or subsequent notice to User.
- Simulated Performance Disclaimer for OddsMaker
- You are reminded that the OddsMaker results shown herein are for informational purposes only. All the information included herein should not be considered as a recommendation to buy, sell or hold any security or use any trading system.
- You are reminded that TI is not responsible for any losses that may result from whatever action you elect to take based on your use of the OddsMaker software. The OddsMaker software may highlight different types of systems which you may choose to execute trades with. Any type of system you elect bears certain risks, along with the inherent financial risks related to investing in the stock market.
- When trades are executed in real market conditions using market orders, you may suffer financial losses due to market instability and/or volatility which may cause the market to move against your position. Therefore, a decision to trade in the stock market is made at your own risk and responsibility. It is strongly recommended that you do your own research prior to commencing trading.
- Each of OddsMaker systems assumes that it trades with at least one share and it doesn’t take into account partial fills, nor increased market order slippage. Therefore, your actual trading results may not match the results displayed in the OddsMaker panel.
- Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
- Jurisdiction and Law that Applies to Agreement
This Agreement shall be governed and construed in accordance with the law of the State of California and the United States. User agrees that terms and conditions are performable in the State of California. User agrees to submit itself to the personal jurisdiction of the state and federal courts located in San Diego County, California, United States with respect to any legal proceedings that may arise in connection with TIthe Information and/or Services, and/or any dispute regarding this Agreement.
Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in San Diego, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute (“JAMS”), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.