Terms of Use / Disclaimer |
AGREEMENT SignalTrend Inc., provides a newsletter service through its web Site, www.forecast-chart.com, aka forecastchart.com, said website is hereinafter referred to as “Site”. If you do not agree with any part of this Terms of Use/Disclaimer, you must immediately discontinue any and all use of SignalTrend’s site, products or services. This agreement is entered into by you and SignalTrend Inc. whether you are a fee paying subscriber, free trial subscriber, free subscriber, fee paying member, free trial member, free member or any other type of user. You agree to be bound by the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Use/Disclaimer” as well as all applicable laws and regulations. By your execution of this Terms of Use/Disclaimer, as evidenced by clicking the “I Accept” button at the beginning or end of this Terms of Use/Disclaimer, or merely by your use of this site, you acknowledge that you have read and understood this Terms of Use/Disclaimer and agree to be legally bound by it. This Terms of Use/Disclaimer may be amended from time to time, without notice, and it is your responsibility to check for amendments. Your use of this Site constitutes your acceptance of and agreement to the then current version of this Terms of Use/Disclaimer. YEARLY PLAN: PAYMENT & AUTOMATIC RENEWAL With the Yearly Plan, you will be charged yearly, in advance. Your credit card will be charged on the date you subscribe. Your subscription will be automatically renewed and billed to your credit card on the yearly anniversary of your subscription date until the subscription is terminated. For example, if you subscribe on the 10th of February, your credit card will be charged on the 10th of February and the 10th of February of each year thereafter. The price of your subscription and the amount billed to your credit card will not be increased without your approval. You may cancel your subscription at any time by following SignalTrend’s cancellation policy below. YEARLY PLAN: REFUND & CANCELLATION You may cancel your yearly subscription at any time. To cancel, click the "Contact Us" link at the bottom of any page in the site. Then click the "Cancel Subscription" button at the bottom of the page. All charges to your credit card will terminate, within 3 business days after SignalTrend Inc. receives your request for cancellation. Your subscription will remain active until the end of the annual period you have paid for. There will be no refunds on the yearly subscription. QUARTERLY PLAN: PAYMENT & AUTOMATIC RENEWAL With the Quarterly Plan, you will be charged Quarterly, in advance. Your credit card will be charged on the date you subscribe. Your subscription will be automatically renewed and billed to your credit card on the Quarterly anniversary of your subscription date until the subscription is terminated. For example, if you subscribe on the 10th of February, your credit card will be charged the 10th of February, the 10th of May and the 10th of each third month thereafter. The price of your subscription and the amount billed to your credit card will not be increased without your approval. You may cancel your subscription at any time by following SignalTrend’s cancellation policy below. QUARTERLY PLAN: REFUND & CANCELLATION You may cancel your quarterly subscription at any time. To cancel, click the "Contact Us" link at the bottom of any page in the site. Then click the "Cancel Subscription" button at the bottom of the "Contact Us" page. All charges to your credit card will terminate, within 3 business days after SignalTrend Inc. receives your request for cancellation. Your subscription will remain active until the end of the Quarterly period you have paid for. There will be no refunds on the quarterly subscription. MONTHLY PLAN: PAYMENT & AUTOMATIC RENEWAL With the Monthly Plan, you will be charged monthly, in advance. Your credit card will be charged on the date you subscribe. Your subscription will be automatically renewed and billed to your credit card on the monthly anniversary of your subscription date until the subscription is terminated. For example, if you subscribe on the 10th of February, your credit card will be charged on the 10th of February and the 10th of each month thereafter. The price of your subscription and the amount billed to your credit card will not be increased without your approval. You may cancel your subscription at any time by following SignalTrend’s cancellation policy below. MONTHLY PLAN: REFUND & CANCELLATION You may cancel your monthly subscription at any time. To cancel, click the "Contact Us" link at the bottom of any page in the site. Then click the "Cancel Subscription" button at the bottom of the "Contact Us" page. All charges to your credit card will terminate, within 3 business days after SignalTrend Inc. receives your request for cancellation. Your subscription will remain active until the end of the monthly period you have paid for. There will be no refunds on the monthly subscription. SUBSCRIPTION ACCESS, USE AND REQUIREMENTS The use of your subscription is limited to you and the members of your household. You may access and use, download and/or print out one copy of materials or information, for your personal non-commercial use only, whether said materials or information are available on the Site or received from SignalTrend in any other way. Modification of the materials or use of the materials for any other purpose is strictly prohibited. "Subscriber Only" portions of the site are those pages which can not be reached from SignalTrend's home page, directly or indirectly. Access to "Subscribers Only" portions of the site will be through links received via email from SignalTrend or by password (if password protected areas exist). Only subscribers may access and use the "Subscribers Only" areas of the Site . Non-subscribers attempting to access these areas of the Site may be subject to prosecution. As a subscriber, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not 1) use the Site in any way that will violate any international, national, state or local law or regulation 2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or 3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without SignalTrend’s prior written consent. You are solely responsible for protecting the confidentiality of your password and User I.D.. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a subscriber or member. OTHER PAYMENT TERMS You have 90 days from the date that your credit card is charged to notify SignalTrend of any incorrect charges to your account. Charges to your account will be deemed final after expiration of the 90 day period. If you are a subscriber and SignalTrend raises prices for your subscription, you will be notified by email. If you do not agree to the new price for your subscription, your subscription will terminate at the end of the period you have paid for. The price of your subscription may not be increased without your approval. TERMINATION SignalTrend Inc. may immediately terminate your subscription and all use related thereto upon the determination, in the sole discretion of SignalTrend Inc., that you have violated any part of this “Terms of Use/Disclaimer”. Said termination shall have the same effect as if you, the subscriber had cancelled your service. SignalTrend Inc. also reserves the right to terminate any subscription and access related thereto, without cause, with 10 calendar days notice and a refund of all remaining days in your subscription period. Risk Disclosure: Any and all material provided on SignalTrend’s Site is for general informational purposes only. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. SignalTrend does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The securities mentioned on our Site may not be suitable for investors depending on their specific investment objectives and financial condition. Any information provided is for information purposes only, is not intended to be financial advice, is not financial advice or any other type of advice, is general in nature and not specific to you. Before using any SignalTrend information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. You are responsible for your own investment research and investment decisions. There is a substantial amount of risk in trading securities, and the possibility exists that you can lose all, most or a portion of your capital. Your use of any SignalTrend information is at your own risk and without recourse against SignalTrend Inc., its directors, officers, employees or content providers. The information provided by SignalTrend, Inc., including but not limited to its opinion and analyses, is based on sources believed to be reliable but is not guaranteed, represented or warranted to be accurate or complete. Your subscription fee only grants to you the right to have access to our "subscriber only" indicators, commentaries or analysis. These indicators, commentaries or analysis, the Site, and SignalTrend’s products and services only express our opinion of various investments. SignalTrend’s opinion is not to be construed as any sort of investment advice, financial advice or any other type of advice. Our opinion will be wrong at times because of the limitations of investment analysis. Investment analysis, whether fundamental, technical or any other form of investment analysis, can not predict the future and is not a science that predicts precise and accurate results. Disclosure Policy: SignalTrend, Inc., directors, officers, employees and content providers may hold positions in individual securities that are relevant to the Site. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site, have no obligation to notify subscribers in any way regarding said positions and shall have no liability to subscribers that relates in any way to said positions. Their affiliation or relationship to SignalTrend or its subscribers shall in no way limit the positions they may hold or when they may hold them. Disclaimers: SignalTrend, Inc. is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. To the fullest extent permissible by law, SignalTrend, Inc. disclaims all warranties, express, implied or statutory, including, but not limited to, warranties for the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information, product or services provided on the Site or implied warranties of title, non-infringement, merchantability, freedom from libelous or privacy-invasive content and fitness for a particular purpose. Applicable law may preclude the exclusion of implied warranties, so the above exclusions may not apply to you. The Site, the materials and information on the Site, and any product or service available, obtained or accessed through the Site are provided "as is" and without representations or warranties of any kind, either express or implied. SignalTrend, Inc. does not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects or errors will be corrected, or that the Site or the server(s) on which the Site is hosted will be free of viruses or other harmful components. You assume complete responsibility and risk for your use of the Site and your reliance thereon. You acknowledge responsibility for obtaining and maintaining all telephone hardware and computer hardware, software, data, and equipment needed to access and use the Site, and all charges related thereto. No opinion or statement of SignalTrend, Inc., whether made on the Site or otherwise, shall create any warranty of any kind. Your use of the Site and any materials provided by the Site are entirely at your own risk. SignalTrend Inc. has no obligation to update information on the Site or advise on future developments regarding topics mentioned or introduced. In the event that the Site refers to or contains links to other Internet web sites or resources, we make no representation or warranty and hereby expressly deny that SignalTrend Inc. has reviewed, approved, controls or endorses any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for any loss or damages caused or alleged to have been caused by the reliance on or use of any such content nor for the accuracy, legality, or inappropriate nature of any content, products, services, advertising, or information located in, on or through any other web sites. Limitation of Liability: SignalTrend, Inc., its directors, officers, employees and content providers specifically disclaim any liability (whether based in contract, tort, strict liability, negligence, equity, statute law or any other legal theory) for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or in any way connected with transmission of confidential information, access to, lack of access to, unauthorized use or reproduction of, misuse of or use of SignalTrend's Site, information, emails, products or services (even if SignalTrend, Inc. has been advised of the possibility of such damages) including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively referred to as “Damages”). This includes, but is not limited to, lost profits or trading losses. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to SignalTrend, Inc., its directors, officers, employees and content providers for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid-to-date by you, if any, to access the Site. Indemnification: You agree to indemnify, defend and hold SignalTrend Inc., its directors, officers, employees and content providers harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly from 1) your violation of any law with respect to our Site, products, services or content, 2) your breach of this Agreement or 3) your activities in connection with the Site or any services related to the Site. Risks of Margin Trading: It is your responsibility to understand the risks of margin trading and abide by your broker’s membership agreement. You must look to your broker, NOT SIGNALTREND, for guidance regarding margin trading. If the market moves against your position, your broker may require you to deposit additional funds to compensate for your loss. If you do not provide the funds within the specified time, your position may be liquidated at a loss, and you will be responsible for any resulting deficit in your account. If you trade on margin, your loss may exceed the amount of your investment. Backtesting: Nearly all of SignalTrend’s indicators, Secular Trend Indicator, timing system, signal and forecast results are the result of backtesting, and are therefore merely hypothetical. Trading signals, indicators or forecasts used to produce our results were derived from equations which were developed through hypothetical reasoning based on a variety of factors. Theoretical buy and sell methods were tested against the past to prove the profitability of those methods in the past. Performance generated through back testing has many and possibly serious limitations. We do not claim that the historical performance of SignalTrend’s timing systems, indicators, Secular Trend Indicator, signals or forecasts will be indicative of future results. There will be substantial and possibly extreme differences between historical performance and future performance. There is a substantial amount of risk in following SignalTrend’s opinions as there is with any security trading program. SignalTrend has attempted to reduce those risks by backtesting its methods over a very long period of time. Nevertheless, performance in the past is still no guarantee of future performance. SignalTrend does not claim or warrant that its timing systems, signals, forecasts, opinions or analyses are consistent, logical or free from hindsight or other bias or that the data used to generate signals in the backtests was available to investors on the dates for which theoretical signals were generated. Internet and Transmission Risks: When SignalTrend Inc. needs to communicate with its subscribers, including but not limited to the communication of a buy or sell signal, SignalTrend Inc. will attempt to 1) distribute this information by email and 2) provide this information on the Site. We are not responsible for delays or interruptions in transmission of information due to acts of God, man-made or natural causes. SignalTrend Inc. is not responsible for delays in transmitting said information whether said delays result from problems with Internet connectivity either by you, or us or by slowdowns of Internet transmittal or otherwise. The use of the Internet to transmit and receive information involves risk. GOVERNING LAW AND VENUE Notwithstanding any conflict with the laws, ordinances or provisions or your domicile, residence or physical location, the interpretation, validity and effect of this Terms of Use/Disclaimer and any dispute or claim based on your use of the Site, its products, information or services, will be governed by the laws of the State of Texas and any litigation, between SignalTrend Inc. and any subscriber shall be exclusively heard in the courts of Smith County, Texas. SEVERABILITY Notwithstanding anything contained herein to the contrary, if any provision of these Terms of Use is determined to be unenforceable or invalid, said provision will be enforceable to the maximum extent permissible and the remaining provisions of these Terms of Use/Disclaimer will still be valid and enforceable. QUESTIONS If you have questions, please contact us using the form on the contact us page. |
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