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Terms and Conditions
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Before becoming a user (a
"User") to TRADINGMARKETS.COM (referred to as
"TRADINGMARKETS.COM" and sometimes referred to as the
"Service"), you must read and agree to the following terms and
conditions of use (the "Terms and Conditions") which govern your
use of this Website and its products and services (including, but not limited
to, message boards, blog-related services and subscription services) and your
relationship with The Connors Group, Inc. and all individuals and companies
associated with this Website (collectively referred to as
"TRADINGMARKETS.COM" or "We"). If you do not agree to
these Terms and Conditions, do not use the Service. We may change the Terms
and Conditions from time to time and at any time without notice to you, by
posting such changes on this Website and indicating the date of the most
recent revision on the home page. By using the Service following any
modifications to these Terms and Conditions, you agree to be bound by any such
modifications to the Terms and Conditions.
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Terms
and Conditions
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By using
TRADINGMARKETS.COM, including any services, products, software and content
contained therein, you agree that use of the Service is entirely at your own
risk. TRADINGMARKETS.COM is not a registered investment advisor or a broker
dealer. You understand and acknowledge that there is a very high degree of
risk involved in trading securities. Past results of any individual trader
published on this Website are not indicative of future returns by that
trader, and are not indicative of future returns which be realized by you. We
assume no responsibility or liability for your trading and investment
results. The indicators, strategies, columns, articles and all other features
of TRADINGMARKETS.COM (collectively, the "Information") are
provided for informational and educational purposes only and should not be
construed as investment advice. The analysts and employees or affiliates of
TRADINGMARKETS.COM may hold positions in the stocks or industries discussed
here. You should not rely solely on the Information in making any investment.
Rather, you should use the Information only as a starting point for doing
additional independent research in order to allow you to form your own
opinion regarding investments. Factual statements in this web page are made
as of the date stated and are subject to change without notice.
By using the Information on TRADINGMARKETS.COM, you assume full
responsibility for any and all gains and losses, financial, emotional or
otherwise, experienced, suffered or incurred by you. TRADINGMARKETS.COM does
not guarantee the accuracy, completeness or timeliness of, or otherwise
endorse in any way, the views, opinions or recommendations expressed in the
Information, does not give investment advice, and does not advocate the
purchase or sale of any security or investment by you or any other
individual. The Information is not intended to provide tax, legal or
investment advice, which you should obtain from your professional advisor
prior to making any investment of the type discussed in the Information. The
Information does not constitute a solicitation by the information providers,
TRADINGMARKETS.COM or other of the purchase or sale of securities.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE.
SPECIFICALLY, TRADINGMARKETS.COM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY
WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION.
NEITHER TRADINGMARKETS.COM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU
OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TRADINGMARKETS.COM, ITS
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
SUCH STATE LAW.
The Connors Group, Inc., or one of its affiliates, is the owner and/or
authorized user of any trademark, registered trademark and/or service mark
appearing on the TRADINGMARKETS.COM Website, and is the copyright owner or
licensee of the content and/or information on the Website, unless otherwise
indicated. TRADINGMARKETS.COM does not grant to you a license to any content,
features or materials you may access on this Website. You may not download or
save a copy of any of the content or screens except as otherwise provided in
these Terms and Conditions, for any purpose. You may, however, print a copy
of the information on this Website solely for your personal use or records.
If you make other use of this Website, except as otherwise provided above,
you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to liability
for such unauthorized use. We do not grant any license or other authorization
to any user of its trademarks, registered trademarks, service marks, other copyrightable
material or any other intellectual property, by including them on this
Website.
User acknowledges that
content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information
presented to User by TRADINGMARKETS.COM or its Advertisers, is protected by
copyrights, trademarks, service marks, patents or other proprietary rights
and laws; therefore, User is only permitted to use such content as expressly
authorized by the Service or the Advertiser.
We reserve the right to change any information on this Website, including but
not limited to revising and/or deleting features or other information without
prior notice to you. Accessing certain links within this Website may provide
you with access to other Websites for which we assume no responsibility of
any kind for the content, availability or otherwise. (See "Links from
and to TRADINGMARKETS.COM" below.) The content of this Website may vary
depending upon your browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access to
the World Wide Web and pay any service fees associated with such access, and
(b) provide all equipment necessary for you to make such connection to the
World Wide Web, including a computer, software, a modem and a working
telephone line.
In consideration of your use of TRADINGMARKETS.COM, you agree that you are at
least eighteen (18) years of age and you agree: (a) to provide true,
accurate, current and complete information about yourself as prompted by the
Registration Form, and (b) to maintain and update this information to keep it
true, accurate, current and complete. If any information provided by you is
untrue, inaccurate, not current or incomplete, we have the right to terminate
your account and refuse any and all current or future use of the Service. You
agree not to resell or transfer the Service or use of or access to the
Service.
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Payment
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Each User is responsible
for any fees or other charges that may be incurred to access
TRADINGMARKETS.COM.
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Third Party Provided
Content:
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Stock quotes, charts,
news, market update, portfolio tracking, historical and other information on
TRADINGMARKETS.COM are provided by third-party data providers. Daily updates
are subject to market fluctuations and are based on the latest quotes
received from third-party data contributors and is subject to a 20-minute
delay. Market quotes and certain other information on this Website, as well
as reference materials or links to other sites, are for general informational
purposes only, and are not intended to be relied upon for transactional
purposes. Neither TRADINGMARKETS.COM nor any of its data or content providers
shall be liable for any errors or delays in the content, or for any actions
taken in reliance thereon
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User Conduct On
TRADINGMARKETS.COM:
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While using the Service,
you may not:
1) upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service which is
protected by copyright, or other proprietary or intellectual property right,
or derivative works with respect thereto, without obtaining permission of the
copyright owner or rightholder; or
2) upload, post, publish, reproduce, transmit or distribute in any way any
component of the Service itself or derivative works with respect thereto, as
the Service is copyrighted as a collective work under U.S. copyright laws; or
3) upload, post, publish or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening, abusive, or
otherwise objectionable information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would constitute
illegal activity, give rise to civil liability, or otherwise violate any
local, state, national or foreign law, including without limitation the U.S.
export laws and regulations; or
4) upload, post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained through the
Service for commercial purposes (other than as expressly permitted by the
provider of such information, software or other material); or
5) restrict or inhibit any other user from using and enjoying the Service; or
6) offer, sell or buy any security or other investment vehicle; or
7) knowingly violate any laws, including without limitation the Securities
Act of 1933 and Securities Exchange Act, or any rule of any securities
exchange, including, without limitation, the New York Stock Exchange or the
NASDAQ/AMEX.
8) post or transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other unsolicited commercial
communication (except as otherwise expressly permitted by TRADINGMARKETS.COM)
or engage in spamming or flooding; or
9) impersonate any other person or entity, or misrepresent your affiliation
with any other person or entity; or
10) post or transmit any information or software which contains a virus,
trojan horse, worm or other harmful component.
We have no obligation to monitor the Service. You acknowledge and agree,
however, that we do retain the right to monitor the Service and, subject to
the limitations of the TRADINGMARKETS.COM Privacy Policy, to disclose any
information as necessary or appropriate to satisfy any law, regulation or
other governmental request, to operate the Service properly, or to protect
itself or its users. We will not intentionally monitor or disclose any
private electronic-mail message unless required by law. We reserve the right
to refuse to post or to remove any information or materials, in whole or in
part, that, in its sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms and Conditions. We have no
obligation to monitor the Service. You acknowledge and agree, however, that
we do retain the right to monitor the Service and, subject to the limitations
of the TRADINGMARKETS.COM Privacy Policy, to disclose any information as
necessary or appropriate to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or its users.
We will not intentionally monitor or disclose any private electronic-mail
message unless required by law. We reserve the right to refuse to post or to
remove any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, inappropriate or in violation of these
Terms and Conditions.
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Submissions
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All information submitted
to TRADINGMARKETS.COM via this Website shall be deemed and remain the
property of TRADINGMARKETS.COM, and we shall be free to use, for any purpose,
any ideas, concepts, know-how or techniques contained in information any user
of this Website provides to TRADINGMARKETS.COM through this Website.
TRADINGMARKETS.COM shall not be subject to any obligations of confidentiality
regarding submitted information, except as agreed by the TRADINGMARKETS.COM
entity having the direct customer relationship or as otherwise specifically
agreed or required by law.
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Additional Terms and
Conditions for Blog Services
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1) TRADINGMARKETS.COM
provides certain Users with various publishing and community services,
including but not limited to the capability to post information to a web page
and participate in web-based discussions. Some of these services will be free
of charge, others may cost money or have other requirements. The requirements
or fees for any service or option will be clearly explained and separately
agreed to when Member implements those options, if any. User must: (i)
provide all equipment, including a computer and modem, necessary to establish
a connection to the World Wide Web; (ii) provide for own access to the World
Wide Web and pay any telephone service fees associated with such access.
2) TRADINGMARKETS.COM
reserves the right to modify or discontinue the Service with or without
notice to Member. TRADINGMARKETS.COM shall not be liable to User or any
third party should it exercise its right to modify or discontinue its Blog service.
3) TRADINGMARKETS.COMÕs
Privacy Policy will apply to all information entered by User in using the
Blog service.
4a) CONTENT OWNERSHIP.
Unless stated otherwise for specific services, User will retain copyright
ownership and all related rights for information he or she publishes through TRADINGMARKETS.COMÕs
Blog Service.
4b) CONTENT RESPONSIBILITY.
User acknowledges and agrees that TRADINGMARKETS.COM neither endorses the
contents of any User communications nor assumes responsibility for any
threatening, libelous, obscene, harassing or offensive material contained
therein, any infringement of third party intellectual property rights arising
therefrom or any crime facilitated thereby.
5) USER ACCOUNT, PASSWORD,
AND SECURITY. After approval to use the Blog service, User shall receive a
password and an account. User is entirely responsible if User fails to
maintain the confidentiality of UserÕs password and account. Furthermore, User
is entirely responsible for any and all activities which occur under UserÕs
account. User may change UserÕs password at any time. User agrees to
immediately notify TRADINGMARKETS.COM of any unauthorized use of UserÕs
account or any other breach of security known to User.
6) STORAGE AND OTHER
LIMITATIONS TRADINGMARKETS.COM assumes no responsibility for the deletion or
failure to store information entered into its Blog Service.
TRADINGMARKETS.COM has set no fixed upper limit on the number or posts that a
User may send or receive through the Blog service or the amount of storage
spaced used; however, TRADINGMARKETS.COM retains the right, at its sole
discretion, to determine whether or not a User's conduct is consistent with
the intention of the Blog Service and may terminate Service if a User's
conduct is found to be inconsistent with such intention.
7) USER CONDUCT. User is
solely responsible for the contents of his or her transmissions through the
Service. Use of the Service is subject to all applicable local, state,
national and international laws and regulations. In addition to User Conduct
described elsewhere in these terms and conditions, Users of the Blog service
also agree: (1) to comply with US law regarding the transmission of technical
data exported from the United States through the Blog service; (2) not to use
the Blog service for illegal purposes; (3) not to interfere or disrupt
networks connected to the Blog service; and (4) to comply with all
regulations, policies and procedures of networks connected to the Blog Service.
The Blog service makes use of the Internet to send and receive certain
messages; therefore, UserÕs conduct is subject to Internet regulations,
policies and procedures. User will not use the Blog service for chain
letters, junk mail, spamming or any use of distribution lists to any person
who has not given specific permission to be included in such a process.
User agrees not to
transmit through the Service any unlawful, harassing, libelous, abusive,
threatening, or harmful material of any kind or nature. User further agrees
not to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation.
Attempts to gain unauthorized access to other computer systems are
prohibited.
User shall not interfere
with another User's use and enjoyment of the Blog service or another entity's
use and enjoyment of similar services.
8) INDEMNIFICATION. User
agrees to indemnify and hold TRADINGMARKETS.COM and its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of UserÕs use of the Blog service, the violation of these
terms and conditions by User, or the infringement by User, or other user of
the Blog service using User's computer, of any intellectual property or other
right of any person or entity.
9) TERMINATION Either User
or TRADINGMARKETS.COM may terminate the Blog Service with or without cause at
any time and effective immediately. TRADINGMARKETS.COM shall not be liable to
User or any third party for termination of Blog Service for a User. Should User
object to any terms and conditions of these terms and conditions or any
subsequent modifications thereto or become dissatisfied with the Blog service
in any way, User's only recourse is to immediately discontinue use of the Blog
service.
Upon termination of the
Service, UserÕs right to use the Blog service will immediately cease. User
shall have no right and TRADINGMARKETS.COM will have no obligation thereafter
to forward any unread or unsent messages to User or any third party.
TRADINGMARKETS.COM may, at
its sole discretion, immediately terminate Service should UserÕs conduct fail
to conform to any and/or all of TRADINGMARKETS.COMÕs terms and conditions.
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Other Information:
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We are taking reasonable
and appropriate measures, including encryption, to ensure that your personal
information is disclosed only to those specified by guarantee that the
personal information you have entered will not be intercepted by others and
decrypted.
If you wish to make purchases through TRADINGMARKETS.COM, you may be asked by
the merchant or information or service provider from whom you are making the
purchase to supply certain information, including credit card or other
payment mechanism information. You agree not to hold TRADINGMARKETS.COM
liable for any loss or damage of any kind incurred as a result of any such
dealings with any merchant or information or service provider through the
Service. You agree that all information you provide any merchant or
information or service provider through the Service for purposes of making
purchases will be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and
services through the Service set their own prices and may change prices or
institute new prices at any time. You agree to pay all charges incurred by
users of your account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. You also will be responsible
for paying any applicable taxes relating to purchases through the Service
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Failure to Comply With
Terms and Conditions and Termination:
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Subscription to this
Service may be terminated at any time, and without cause, by
TRADINGMARKETS.COM, upon notification by telephone or e-mail.
You acknowledge and agree that we may terminate your password or account or
deny you access to all or part of the Service without prior notice if you
engage in any conduct or activities that we, in our sole discretion, believe
violate any of these Terms and Conditions, violate the rights of
TRADINGMARKETS.COM, or are otherwise inappropriate for continued access.
You acknowledge and agree that we may, in our sole discretion, deny you
access, through TRADINGMARKETS.COM, to third party services, merchandise,
materials or information on the Internet, and we shall have no responsibility
to notify any third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from lack of
notification.
You agree to defend, indemnify and hold TRADINGMARKETS.COM and its affiliates
harmless from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, arising in any way from your use of the Service
or the placement or transmission of any message, information, software or
other materials through the Service by you or users of your account or
related to any violation of these Terms and Conditions by you or users of
your account.
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Miscellaneous:
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The Terms and Conditions
and the relationship between you and TRADINGMARKETS.COM shall be governed by
the laws of the State of California, without regard to its conflict of law
provisions. You and TRADINGMARKETS.COM each agrees to submit to the personal
and exclusive jurisdiction of the courts located within the state of
California.
The failure of TRADINGMARKETS.COM to exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of such
right or provision. If any provision of the Terms and Conditions is found by
a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the
Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the Terms
and Conditions must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
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