Information and Price Dynamics Incorporated
Terms of Service
Acceptance of Terms of Service:
The Website offers information and statistics related to trading stocks, indices, ETFs, CFDs and Futures. Rankings are for informational purposes only and do not constitute investment advice.
This Website is offered and available to users who 13 years of age or older. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.
Subscribing; Subscription Fees; Refund Policies.
In order to use all of the offerings on the Website, You must subscribe to the website by creating a username and entering Your credit card information. You agree to pay the subscription fees and any other charges incurred for a the services rendered through the Website (including any applicable taxes) at the rate in effect when the charges were incurred. . If you cancel your services you will no longer be billed but no money already paid will be refunded. If your credit card is invalid for any reason, the Company has the right to terminate the services immediately. The Company may change the fees and charges then in effect, or add new fees or charges, by giving You advance notice. You are responsible for any fee or charges incurred to access the offerings available on the Website through an Internet access provider or other third-party service.
Your subscription will renew automatically unless it is cancelled through the following link email@example.com. Thirty days before the end of Your subscription and each subsequent renewal term thereafter, You will receive a notification that Your subscription is ending. For all subscriptions, You must cancel Your subscription before it renews in order to avoid billing of subscription fees for the renewal term. The Company may cancel Your subscription or alter its delivery method at any time by notifying You.
Changes to the Terms of Service:
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that You accept and agree to the changes. You are expected to check this page from time to time, so You are aware of any changes, as they are binding on You.
DISCLAIMERS: ALL INFORMATION PRESENTED ON THE WEBSITE AND VIA E-MAIL AND ANY PUBLICATION OR VIDEO PRESENTATION DISCUSSED THEREIN ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT TO BE CONSTRUED, UNDER ANY CIRCUMSTANCES, BY IMPLICATION OR OTHERWISE, AS AN OFFER TO SELL OR A SOLICITATION TO BUY OR SELL OR TRADE IN ANY COMMODITIES, SECURITIES, OR CURRENCIES HEREIN NAMED. INFORMATION IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT IS IN NO WAY GUARANTEED. NO GUARANTEE OF ANY KIND IS IMPLIED OR POSSIBLE WHERE PROJECTIONS OF FUTURE CONDITIONS ARE ATTEMPTED. IN NO EVENT SHOULD THE CONTENT BE CONSTRUED AS AN EXPRESS OR IMPLIED PROMISE, GUARANTEE OR IMPLICATION BY OR FROM THE SERVICES, THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER AGENTS THAT YOU WILL PROFIT OR THAT LOSSES CAN OR WILL BE LIMITED IN ANY MANNER WHATSOEVER. SOME RECOMMENDED TRADES MAY INVOLVE SECURITIES HELD BY OUR OFFICERS, AFFILIATES, EDITORS, WRITERS OR EMPLOYEES, AND INVESTMENT DECISIONS MAY BE INCONSISTENT WITH OR EVEN CONTRADICTORY TO THE DISCUSSION OR RECOMMENDATION IN THE SERVICE. PAST RESULTS ARE NO INDICATION OF FUTURE PERFORMANCE. ALL INVESTMENTS ARE SUBJECT TO RISK, WHICH SHOULD BE CONSIDERED PRIOR TO MAKING ANY INVESTMENT DECISIONS. CONSULT YOUR PERSONAL INVESTMENT ADVISERS BEFORE MAKING AN INVESTMENT DECISION. THE WEBSITE PROVIDE GENERALIZED FINANCIAL INFORMATION DESIGNED TO EDUCATE A BROAD SEGMENT OF THE PUBLIC; IT DOES NOT GIVE PERSONALIZED INVESTMENT, TAX, LEGAL OR OTHER BUSINESS AND PROFESSIONAL ADVICE. FOR PRIVACY PROTECTION, ABBREVIATED OR FICTITIOUS NAMES WERE USED FOR SOME OF THE INDIVIDUALS MENTIONED IN THE WEBSITE AND ANY REPORT OR PUBLICATION.
Grant of License.
These Terms of Service provide You with a personal, revocable, non-exclusive, non-transferable license to use the Website, and the content therein, conditioned on Your continued compliance with these Terms of Service. In the event that You fail to comply with these Terms of Service, the Company shall be entitled to terminate this license granted to You with immediate effect and without notice, including removing Your ability to access or use the Website or related applications. The Company reserves the right, at any time and in its sole discretion, (a) to block traffic or other access to the Website, whether or not directly or through third party links or postings and (b) to block or remove Your use of a link to the Website.
Except as set forth herein, nothing in these Terms of Service is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
Intellectual Property Rights; Right to Use.
The Website, including the layout and design, are protected by applicable trademark and copyright law and other applicable law and are the exclusive property of the Company or its licensors (except as otherwise identified) and, except as expressly provided herein, the Company does not grant any express or implied right in any such materials to You. In particular and without limitation, the Company owns the copyright in the Website, its content and design, and any related applications, as a collective work and/or compilation. The Company also owns the copyright on, or holds a license for, any and all databases accessible on the Website and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Website.
You may, on an occasional and irregular basis, print and download materials and information from the Website solely for personal and non-commercial use, provided that You comply with these Terms of Service with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of the Company that are used or referred to in the Website are the property of their respective owners, and may be subject to other or additional restrictions. The components, data, and features of the Website may be added to, modified, suspended, or discontinued by the Company without notice, and You agree that the Company shall not be liable to You or to any third party for any addition, modification, suspension, or discontinuance of the Website, any related applications or any part thereof.
If You believe that any of the Website is infringing copyrights or other intellectual property rights held by You or by someone on whose behalf You are authorized to act, please contact the Company as described under “Notices” below.
Restrictions on Use of the Website.
To sell, resell or otherwise transfer or dispose to, or to be used by or for the benefit of, any other person or entity;
To use, transfer, distribute, or dispose of any information contained in the Website in any manner that could compete with the business of the Company;
To use the Website or the information contained therein, including the Company’s trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material.
To upload, post or send any information or content that (i) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, (ii) constitutes or is comprised of any commercial, promotional, or solicitation information or (iii) infringes on the rights of others, including (without limitation) intellectual property rights, rights of publicity or privacy, etc.;
To purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
To impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
To express or imply that any statements You make are endorsed by us;
To disrupt, impair or interfere with the Website; and
To improve the quality of any data sold or contributed by You to any third party.
The Company reserves the right to deny access to users of the Website at any time and in its sole discretion, including users who infringe the rights of other users or commit illegal acts or violate these Terms of Service. We may investigate into, deny, restrict or suspend Your access to all or any part of the Website at any time, without warning for any or no reason (including, without limitation, if You do any of the foregoing things), with or without prior notice or explanation, and reserve the right to take legal action.
Links to Other Websites.
The Company may provide links, in its sole discretion, to other, third party websites for Your convenience in locating related information and services. These websites have not necessarily been reviewed by the Company and are maintained by third parties over which the Company exercises no control. Accordingly, the Company expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites, or whether those websites comply with applicable laws and regulations. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. By accessing those websites, You may be bound by their terms and conditions. You will need to make Your own independent judgment regarding Your interaction with these third party websites and may wish to review their terms and conditions.
Events Beyond the Company’s Control.
You expressly absolve and release the Company and its licensors and sponsors from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, power outages or third party service providers, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions. The Company and its licensors and sponsors shall have no liability for interruptions or omissions in Internet, network or hosting services. YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS THIRD PARTY PROVIDERS CONTROL YOUR EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES PROVIDED HEREUNDER MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, INCLUDING SEARCH ENGINES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Indemnity; Limitation of Liability.
You agree to indemnify, defend and hold harmless the Company, its licensors and sponsors, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to Your use of the Website or any breach by You of these Terms of Service.
The Company obtains all information furnished on or provided by the Website from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, the Website and all related materials, services and information are provided on an “as is” and “as available” basis without representation or warranty of any kind. THE COMPANY AND ITS LICENSORS AND SPONSORS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE COMPANY OFFERINGS OR ANY RELATED MATERIALS, SERVICES OR INFORMATION. The Company makes no representation that materials in the Website are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a website are illegal is prohibited. If You choose to access any of the Website from any such location, You do so on Your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by the Company or any of its employees or agents in respect to the Website shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms of Service by a written agreement. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR PROVIDED BY THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE WESBITE ARE UNAVAILABLE. MOREOVER, THE COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE COMPANY OFFERINGS, OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE IN THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS LICENSORS OR SPONSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF THE COMPANY OR ITS LICENSORS OR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS LICENSORS AND SPONSORS DISCLAIM LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES BASED ON YOUR USE OF THE COMPANY. The Company is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from Your use of the Website, so You should ensure that You use adequate, up to date, anti-virus software. The Company also assumes no responsibility or liability arising from the Website or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Website. In addition, although we make a good faith effort to update the Website periodically, we do not have a duty to update information contained in the Website, and we will not be liable for any failure to update such information.
Governing Law; Jurisdiction; Venue.
These Terms of Service, including (without limitation) any disputes relating to the Website, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Colorado, without reference to its conflict of law principles. Any litigation arising out of or connected in any way with any claim of infringement of copyrights or other intellectual property rights regarding the Website, or the enforcement of any binding arbitration decision resulting from Paragraph 10, shall take place in a State or Federal court of competent jurisdiction in Boulder, Colorado. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Colorado, with respect to any actions, claims, disputes or proceedings arising out of or in connection with the foregoing.
Any dispute, controversy or claim You may have arising out of or relating to these Terms of Service, including any disputes relating to the Website, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Boulder, Colorado. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Colorado for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, the Company may seek relief from a court of law in the event of a breach by You of these Terms of Service.
Enforcing Security on the Sites.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. The Company reserves the right to take steps the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service such as view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. The Company will also comply with all court orders or subpoenas involving requests for such information.
Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Company of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
No joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of these Terms of Service or Your utilization of the Website.
If any provision of these Terms of Service is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service shall continue in full force and effect.
Your rights to use certain material available on or through the Website may be subject to separate digital or written agreements with the Company (“Other Agreements”). Particular pages or features of the Website with content supplied by the Company or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to You when You access those pages or features, and by accessing or using such pages and features, You will be deemed to have agreed to the applicable Special Terms.
Information and Price Dynamics Incorporated, PO Box 1009, Boulder, CO 80306
DMEAST #28300662 v1