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Terms of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. By accessing and using this website in any way,
including, without limitation, browsing the website, using any
information, using any content, using any services,
downloading any software or other materials, and/or placing an
order for products or services, you agree to and are bound by
the terms of use described in this document ("Terms of Use").
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY
MANNER. The Terms of Use are entered into by and between
Trading Synergy, Inc. (“Company”) and you. If you are using
the website on behalf of your employer, you represent that you
are authorized to accept these Terms of Use on your employer's
behalf. FURTHERMORE, THE SOFTWARE AND ACCOMPANYING
DOCUMENTATION AVAILABLE TO DOWNLOAD FROM THIS WEBSITE ARE
GOVERNED BY THE TERMS OF THE SOFTWARE LICENSE AGREEMENT, WHICH
ACCOMPANIES SUCH SOFTWARE.
Each of IntrepidTrader® and Interpid Pattern
Recognition ® is a registered trademark used by Company in
connection with the promotion and identification of its
trading software, newsletters and related materials and
publications.
Company reserves the right, at Company's sole
discretion, to change, modify, update, add, or remove portions
of the Terms of Use at any time without notice to you. Please
check these Terms of Use for changes. Your continued use of
this website following the posting of changes to the Terms of
Use on Company’s website will mean you accept those changes.
Company reserves the right to seek all remedies available by
law and in equity for any violation of these terms and
conditions. Any rights not expressly granted herein are
reserved.
Use of website information
Except as otherwise indicated on this website, you
may view, print, copy, and distribute documents, materials and
publications on this website subject to the following terms
and conditions:
a) The document, material or publication may be
used solely for informational, personal, non-commercial
purposes and may not be sold, distributed, licensed,
sublicensed or disseminated;
b) Any copy of the document, material or
publication or portion thereof must include all copyright and
proprietary notices in the same form and manner as on the
original;
c) The document, material or publication may not be
modified in any way; and
d) Company reserves the right to revoke such
authorization at any time, and any such use shall be
discontinued immediately upon notice from Company.
The permission above to use website information
does not include permission to copy the design elements, look
and feel, or layout of this website. Those elements of the
website are protected by law, such as trade dress, trademark,
unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, video, recording,
graphic, sound or image from the website may be copied or
retransmitted unless expressly permitted by Company.
Use of software
The software and accompanying documentation
available to download from this website are the copyrighted
work of Company. Use of the software is governed by the terms
of the Software License Agreement, which accompanies such
software. If no license accompanies the download, the terms of
the license which accompanied the original product being
updated will govern. You will not be able to use, download, or
install any software unless you agree to the terms of such
license agreement.
Warranties and disclaimers; liability limitations
THIS
WEBESITE AND ANY AND ALL SOFTWARE AND OTHER RELATED PRODUCTS,
MATERIALS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS
WEBESITE OR OF ANY SOFTWARE AND OTHER RELATED PRODUCTS,
MATERIALS AND SERVICES IS AT YOUR SOLE RISK. COMPANY DOES NOT
WARRANT THAT THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED
PRODUCTS, MATERIALS AND SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY
RESULTS THAT MAY BE OBTAINED BY USE OF THIS WEBESITE OR ANY
SOFTWARE AND OTHER RELATED PRODUCTS, MATERIALS AND SERVICES.
YOU REALIZE THAT THERE IS RISK IN TRADING STOCKS, OPTIONS,
FUTURES, COMMODITIES AND OTHER INVESTMENTS AND CONTRACTS AND
THAT ASSETS MAY BE LOST AND ARE NOT INSURED. COMPANY IS
ABSOLUTELY NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR YOUR
ORDERS, TRADES, OR PURCHASE AND SALE ACTIONS, WITH RESEPCT TO
STOCKS, OPTIONS, FUTURES, COMMODITIES OR OTHER INVESTMENTS OR
CONTRACTS. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN
RELATION TO THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED
PRODUCTS,
UNDER
NO CIRCUMSTANCES SHALL COMPANY OR ITS VENDORS, DIRECTLY OR
INDIRECTLY, BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY,
PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO
THIS WEBSITE, SOFTWARE OR ANY RELATED PRODUCTS OR SERVICES OR
THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, YOUR
USE OR INABILITY TO USE THIS WEBESITE OR ANY SOFTWARE AND
OTHER RELATED PRODUCTS, ANY CHANGES TO OR INACCESSIBILITY OF
THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS,
DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY
TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED
INTO THROUGH THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED
PRODUCTS, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED
ON OR THROUGH THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED
PRODUCTS OR SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON
THE BASIS OF CONTRACT, TORT OR OTHERWI SE, AND EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL
LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO
COMPANY. IF YOU ARE DISSATISFIED WITH THIS WEBESITE OR ANY
SOFTWARE AND OTHER RELATED PRODUCTS, YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THIS WEBESITE
AND ANY SOFTWARE AND OTHER RELATED PRODUCTS. COMPANY IS NOT
LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THIS WEBESITE
OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR SERVICES.
COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS
TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THIS
WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR
SERVICES. COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY,
TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE
OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY YOU, NOR IS
COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE, COPY OR
OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT
APPEARS OR IS TRANSMITTED ON THE SOFTWARE FOR FUTURE
REFERENCE. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR
ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THIS
WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR
SERVICES. COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY,
FOR COMPLIANCE OR LACK THEREOF BY ANY BROKER(S) WITH RESPECT
TO ANY APPLICABLE LAWS AND REGULATIONS INCLUDING, BUT NOT
LIMITED TO, THOSE LAWS REGARDING OR PERTAINING TO THE TRADING
OF SECURITIES. COMPANY DOES NOT GUARANTEE OR WARRANT
FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS
CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION
WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE
WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY
ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR
ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER
REFERENCE.
COMPANY MAY MAKE CHANGES TO THE WEBSITE, INFORMATION,
SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL
SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION
AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED
INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES
TO COMPANY PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN
ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT
IMPLY THAT COMPANY INTENDS TO ANNOUNCE SUCH PRODUCTS,
PROGRAMS, OR SERVICES IN YOUR COUNTRY.
Submissions
With the exception of credit card numbers for the
purchase of products and services, Company does not want to
receive confidential or proprietary information through its
website.
Any information sent to Company, with the exception
of credit card numbers, will be deemed NOT CONFIDENTIAL. You
grant Company an unrestricted, irrevocable license to display,
use, modify, perform, reproduce, transmit, and distribute any
information you send Company, for any and all commercial and
non-commercial purposes.
You also agree that Company is free to use any
ideas, concepts, or techniques that you send Company for any
purpose, including, but not limited to, developing,
manufacturing, and marketing products that incorporate such
ideas, concepts, or techniques.
Company may, but is not obligated to, review or
monitor areas on its website where users may transmit or post
communications, including bulletin boards, chat rooms, and
user forums. Company is not responsible for the accuracy of
any information, data, opinions, advice, or statements
transmitted or posted on bulletin boards, chat rooms, and user
forums.
You are prohibited from posting or transmitting to
or from this website any libelous, obscene, defamatory,
pornographic, or other materials that would violate any laws.
However, if such communications do occur, Company will have no
liability related to the content of any such communications.
Linking to Company’s website
Company permits anyone to link to Company's website
subject to the linker's compliance with the following terms
and conditions: A website that links to Company's website:
· May link to, but not replicate, content contained
in Company's website;
· Must not create a border environment or browser
around content contained in Company's website;
· Must not present misleading or false information
about Company's services or products;
· Must not misrepresent Company's relationship with
the linker;
· Must not imply that Company is endorsing or
sponsoring the linker or the linker's services or products;
· Must not use Company's logos or trade dress
without prior written permission from Company;
· Must not contain content that could be construed
as obscene, libelous, defamatory, pornographic, or
inappropriate for all ages;
· Must not contain materials that would violate any
laws;
· Must agree that the link may be removed at any
time upon Company's request pursuant to Company's reserved
rights to rescind its consent to allow the link.
Third-party websites
Company’s software and/or website may contain links
to other Internet websites. These websites are not under the
control of Company and Company does not control linked
websites’ privacy and/or user agreements. Company does not
grant any warranties (express or implied) nor does Company
have any liability for information transferred and conferred
to or from linked websites. When you access a non-Company
website, you do so at your own risk. Company is not
responsible for the reliability of any data, opinions, advice,
or statements made on third-party sites. Company provides
these links merely as a convenience. The inclusion of such
links does not imply that Company endorses, recommends, or
accepts any responsibility for the content of such sites or
that Company is in any way affiliated with or endorses such
sites or its owners. There are
risks in using any information, software, service or product
found on the Internet, and Company cautions you to make sure
you understand these risks before retrieving, using, relying
upon, or purchasing anything via the Internet. You agree that
under no circumstances will you hold Company liable for any
loss or damage caused by use of or reliance on any content,
goods or services available on other sites.
Third-party products and services
Company’s website may mention third-party products
and services for informational purposes. Company makes no
recommendations or endorsements about third-party products and
services. References to third-party services and products are
provided by Company "as is", without warranty of any kind,
either express or implied.
No unlawful or prohibited use
As a condition of your use of the website, you will
not use the website for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may
not use the Services in any manner that could damage, disable,
overburden, or impair any Company server, or the network(s)
connected to any Company server, or interfere with any other
party's use and enjoyment of the website. You may not attempt
to gain unauthorized access to services, materials, other
accounts, computer systems or networks connected to any
Company server or to the website, through hacking, password
mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available through the website.
Governing law and jurisdiction
You agree that all matters relating to your access
to, or use of, this website shall be governed by the laws of
the State of Georgia.
Company makes no representation that information on
this website is appropriate or available for use in all
countries, and prohibits accessing materials from territories
where contents are illegal. Those who access this website do
so on their own initiative and are responsible for compliance
with all applicable laws.
Copyright © 2005-2008 Trading Synergy, Inc. All
rights reserved
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