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Terms and Conditions

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                                                        FundTrading.com, LLC
 
 
 
1. Terms of Use

FundTrading.com, LLC’. (“FundTrading”). By using any of the services provided through FundTrading, or the Website, you agree to be bound by the following terms and conditions (the “Terms of Use”).

2. Agreement

By your use of any of the services provided through FundTrading.com, LLC, or the Website, or by agreeing to the Terms and Conditions at time of order, or by entering your digital signature at time of order, you are subject to these Terms of Use, which constitute a binding agreement between you and FundTrading.com, LLC. (“FundTrading”). Please read the terms and conditions of this Terms of Use carefully. If you do not agree with these Terms and Conditions, you must immediately discontinue any use of the site.

3. Definitions

For purposes of these Terms of Use, the following definitions apply:

·      “Market Trend Trading System” means the proprietary Market Trend Trading System investment analysis model for equity markets developed by FundTrading. The Market Trend Trading System and service are for informational use only and does not provide personal investment advice. Information about the Market Trend Trading System appears on the Website, and in weekly newsletters (“Newsletters”) and periodic market alerts (“Market Alerts”) sent electronically to subscribers.

·      “FundTrading Data” means any Market-Trend Trading System data, the Website, Newsletters, Market Alerts, equity market data, or other information that is accessible through the use of the Website or through communications sent to subscribers. For purposes of these Terms of Use, “FundTrading Data” includes data provided to FundTrading by third parties.

·      "Proprietary Information" means and includes the Market Trend Trading System, screen displays, data entry formats, database structures, database formats, and such other information as FundTrading shall so designate. This definition shall extend to Proprietary Information in whatever form such Proprietary Information may be embodied, including, but not limited to, source code, object code, flow charts, diagrams, terminal displays and printouts. Proprietary Information shall not extend to any information, or any embodiment of information, which has become general public knowledge or is generally known in the trade, or which becomes generally known in the trade.

·      "Confidential Information" means information related to FundTrading's research, development, trade secrets, software design, or business affairs, but does not include information in the public domain.

·      “Intellectual Property Rights” means all copyrights, patent rights, trademark, service mark and trade dress rights, trade secret rights, license rights, contract rights, moral rights (and waivers thereof), mask works, rights of publicity, rights in the nature of unfair competition rights, rights to sue for passing off, and all other intangible property rights of any kind that are, or may in the future be, recognized under the laws of any country, or any political subdivision thereof, or under any bilateral or international convention or treaty.

4. Disclaimer

The FundTrading Newsletter and its Market Alerts are published by FundTrading.com, LLC. FundTrading is a financial publishing firm which provides analysis of the securities markets. The Newsletter is of general and regular circulation, and no consideration can be or is made toward a subscriber’s unique financial circumstances. FundTrading does not provide customized investment advice, which can only be provided by an investment advisor or broker. The materials published by FundTrading are for informational purposes only. No information contained in the Newsletter or Market Alert is intended as investment, tax, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund.

5. Disclosure

Investing involves risk of loss and the potential exists to lose money. If you engage in margin investing your loss may exceed the amount invested. If your goal for a certain amount of your funds is that of capital preservation, FundTrading believes you should invest those funds in conservative investments. For more information on safe investing, review the information available at the web sites of the Securities and Exchange Commission at www.sec.gov and the National Association of Securities Dealers at www.nasd.com. Money you allocate to speculative investments such as options should be strictly the money you can afford to risk without negatively impacting your financial future. For more information on options, please visit the Options Clearing Corporation at www.theocc.com and read the information in the Characteristics and Risks of Standardized Options booklet.

The FundTrading Model Portfolio performance results are based on simulated trades, using historical data, using entry and exit points that could have been obtained during regular market conditions. All returns are calculated before the deduction of commissions, fees, and taxes. These returns may or may not be actually achieved by the subscriber. Hypothetical trades that are back-tested on historical data have certain inherent limitations including accounting for financial risk, market spreads, market delays and lack of market liquidity. Past performance is no guarantee of future results.

6. Conditions of Use

The Website provides access to information about the Market Trend Trading System and FundTrading Data, including data provided by FundTrading and by various third parties. Your authorization to use this Website, its content, and the data provided in connection with this Website is conditioned upon your compliance with these Terms of Use.

As a condition of your right to use this Website and the FundTrading Data, you agree to do or not to do the following:

·      You are representing that you are at least 18 years of age. If you are not at least 18 years of age you may not access or use this site.

·      You agree that you will not transfer or make available your username and password to any third party. Any distribution by you of your username and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.

·      You agree, except for printing 10 (ten) copies of FundTrading Data for your company’s internal use, you shall not copy, distribute, transmit, display, perform, reproduce, publish, post, license, sublicense, frame or mirror any FundTrading Data without FundTrading’s prior written consent.

·      You shall not use any FundTrading Data for any commercial purpose, except for your company’s internal use.

·      You agree that you bear the responsibility for your own investment research and decisions and you should seek professional advice and assistance on securities, tax and legal matters before making any investment. You acknowledge that FundTrading is not a licensed Financial Advisor, Securities Broker/ Dealer or Financial Planner.

·      You shall take no action that, in any way, would infringe upon the copyrighted works of FundTrading or, in addition, would infringe upon the Proprietary and/or Confidential Information developed by FundTrading, as defined above.

·      You shall not remove any proprietary, copyright, confidential or trade secret legend from any FundTrading Data.

·      You shall not use the Website for any illegal purposes, nor restrict or inhibit any other visitors or members from using the site, including, without limitation, spamming, flooding, hacking or cracking or any portion of the site, transmitting any software or other materials that contain virus, worm, time bomb, trojan horse or other harmful or disruptive components.

·      You shall not use any robot, spider, site search or retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website.

·      You shall not harvest or collect information about Website visitors or members without their express consent.

·      You shall not resell any FundTrading Data.

·      You shall not express or imply that any statements you make are endorsed by FundTrading, without FundTrading’s prior written consent.

·      You shall not modify, adapt, translate, sell, reverse engineer, decompile or disassemble any FundTrading Data.

·      You agree that you shall be strictly liable for all damages to FundTrading that result from any disclosure of any FundTrading Confidential and/or Proprietary Information that result from any disclosure of same to any third party.

·      You agree, as a registered subscriber of FundTrading and the Website, to provide accurate, current, and complete information about yourself as requested by the registration form and to maintain and update your information to keep it accurate, current and complete.

7. Intellectual Property

The services, and the Website and data offered in connection with the Website, contain FundTrading’s valuable intellectual property, including but not limited to copyrights, trademarks, trade secrets, trade dress, and other proprietary rights. Your use of the services. or the Website or data are strictly subject to your compliance with the terms of these Terms of Use relating to FundTrading’s intellectual property.

By using the services or Website you agree that FundTrading is the sole owner of any and all Intellectual Property Rights in the content and form of this Website, in the FundTrading Data, and in the Market Trend Trading System, and that your use of any part of this Website or services or data is subject to these Terms of Use.

By using the services or Website you agree that FundTrading is the sole owner of the trademarks, trade dress, and logos used in connection with its services and software, including not limited to its marks FundTradingSM, FundTrading.comSM, Market Trend Trading SystemSM, FundTrading NewsletterTM, and FundTrading Market Alert™.

You agree that any right in FundTrading’s Proprietary Information, Confidential Information, or Intellectual Property Rights not expressly licensed or given in these Terms of Use is reserved solely to FundTrading.

You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any FundTrading Data, the Market Trend Trading System, or any content or information in the Website, except for your company’s internal use otherwise consistent with the terms of these Terms of Use, without the express written consent of FundTrading.

The exclusion of a copyright notice or trademark notice on any of the FundTrading Data shall not cause, or be construed to cause, the data or materials to be in the public domain.

8. Disclaimer of Warranties

FundTrading utilizes sources believed to be reliable, but due to the number of sources and reliability of electronic distribution FundTrading can not assure you that the information is accurate or complete. FundTrading disclaims any and all responsibility or liability for the accuracy, content, completeness, reliability, or operability of the services or data described, offered, or available through this Website.

The Website may contain links to other Internet websites or resources. FundTrading neither controls nor endorses such other websites, nor has FundTrading reviewed or approved any content that appears on such other websites. FundTrading is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on such content.

THE SERVICES AND DATA OFFERED OR AVAILABLE THROUGH THIS WESITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. FUNDTRADING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE SERVICES, SOFTWARE, AND DATA, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, VIEW, OR OTHERWISE USE INFORMATION OR SERVICES AVAILABLE ON THIS WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Descriptions of, or references to, products, services or publications from this server do not imply endorsement of that product, service or publication. FundTrading makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.

9. Subscriptions

Regular Subscriptions

Current subscription rates are available via electronic mail at support@fundtrading.com. Payment for your subscription is due in advance and will be billed at the beginning of each renewal period or to the credit card provided by the subscriber. The charges will appear on the credit card statement under the name “FundTrading.com, LLC.” Renewal of your subscription is automatic unless terminated by us in accordance with these Terms of Use or until you notify FundTrading in accordance with the cancellation policy. In the event that you are a current member and your credit card’s expiration date or number expires, you hereby authorize FundTrading.com, LLC to update your expiration date and or number by advancing the date forward and or number to your card’s new number and year of expiration. You agree to pay all fees and charges incurred in connection with your username and password at the rates in effect when the charges were incurred. You have 60 days from the date that any discrepancies first appear in your statement to notify FundTrading.com, LLC of the discrepancy. After that time all charges will be deemed correct.

10. Cancellation Policy

Regular Subscriptions

Monthly, Half-Year, and yearly subscribers may cancel their subscriptions at any time effective on their renewal date. There are no refunds on Monthly, Half-Year. Or yearly Subscriptions.

All cancellation requests must be in writing.

Send an e-mail to support@fundtrading.com and notify FundTrading of your cancellation request. Include your name, e-mail address, phone number and enter "Cancellation" on the subject line. We will e-mail you a confirmation within two business days.

11. Disclosure Policy

FundTrading may hold positions in some or all of the individual securities that are described on the Website, Newsletter, and/or Market Alerts. FundTrading trades on some or all of the signals produced by the Market Trend Trading System.

12. Termination

These Terms of Use shall remain effective until terminated in accordance with its terms. FundTrading.com, LLC may terminate these Terms of Use and or your access to and use of the Website or any portion thereof, immediately, in event FundTrading determines, in its sole discretion, that you have breached these Terms of Use. In addition, FundTrading reserves the right, upon 10 business days notice and the reimbursement of any days remaining on you subscription, to terminate these Terms of Use without cause.

13. Privacy Policy

Your use of the Website is subject to FundTrading’s Privacy Policy, which can be accessed via this link. FundTrading will only use information you provide to it via this Website in accordance with the terms of this policy.

14. Limitation of Liability

IN NO EVENT SHALL FUNDTRADING BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE OR ANY OTHER TORT, CLAIM, OR CAUSE OF ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ITS SERVICES, DATA, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE.

Your sole remedy for dissatisfaction with the Website and/or FundTrading Data is to stop using the service and the Website. The sole and exclusive maximum liability to FundTrading for all damages, losses and causes of action (whether in contract, tort (including without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the site.

15. Indemnification

In the event of any claim against you or against FundTrading arising out of your use of this Website, or the services, or data offered or available through this Website, you agree to indemnify and hold harmless FundTrading from and against any and all loss, damages, or liability, including but not limited to the cost of a defense, including attorney’s fees and all expenses, arising from or related to such claim.

16. Notices

Any claim or notice by You to FundTrading must be made in writing to: FundTrading.com, LLC, P.O. Box 2485, Fair Oaks, CA 95628.

17. Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of California, without regard to its choice of law rules.

18. Choice of Forum

In the event of any action, arbitration, dispute, or other legal proceeding to enforce the terms of these Terms of Use or relating to the subject matter of these Terms of Use, such action, arbitration, dispute, or other legal proceeding shall be commenced within the County of Sacramento, California, or if that court lacks jurisdiction, in the United States District Court for the Eastern District of California.

19. Changes

FundTrading may, in its sole discretion and without further notice, change the terms of these Terms of Use from time to time, and you are subject to any such changes.

20. Entire Agreement

These written Terms of Use state the entire agreement between you and FundTrading, subject to (a) any changes made by FundTrading that are subsequently made to these Terms of Use and posted on its Website at this location, and (b) any additional written agreement between you and FundTrading relating to a specific service or software described or offered on this Website. To the extent any term of such written agreement is inconsistent with the terms of these Terms of Use, the terms of such written agreement shall supersede the terms of these Terms of Use to the extent they apply to the specific service or software covered by that written agreement.

Last modified: 06 June 2017

 

 
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