Terms of Use
The Connors Group, Inc. (the “Company”) welcomes you and hopes that you will enjoy its
services. The services offered by the Company include, but are not limited to, the
THEFXMARKETS.COM, TRADINGMARKETS.COM, and THEMONEYBLOGS.COM websites (collectively, the
“Websites”) and all information, products or services offered from time to time by the
Company in connection with the Websites (collectively, the “Services”).
This Terms and Conditions of Use (the “Terms and Conditions”) is a legal agreement between
you and the Company. By using the Company’s Websites or Services, you agree to be bound by
this Terms and Conditions. If you do not agree to this Terms and Conditions, you should
discontinue use of the Websites and Services immediately.
The Company reserves the right to modify this Terms and Conditions from time to time without
notice to you by posting such modification on the Websites. You agree to be bound to any
modifications to this Terms and Conditions when you use the Websites and Services after any
such modification has been posted. It is therefore important that you review this Terms and
Conditions regularly to ensure that you are updated as to any modifications.
Use of Websites, Services and Information Unless otherwise specified, the
Company grants you a non-exclusive, non-transferable, limited right to access, use and
display the Websites and the strategies, indicators, news, articles and all other material
contained therein (collectively, the “Information”), for your personal, noncommercial use,
provided that you comply fully with the provisions of this Terms and Conditions.
To access the Websites, Services and Information, you must obtain access to the World Wide
Web. It is your responsibility to provide the equipment (i.e. computer, modem, and/or other
devices) necessary to make such a connection to the Internet and pay for all related fees.
You agree that you shall only use the Websites, Services and Information in a manner that
complies with all applicable laws in the jurisdictions in which you use the Websites,
Services and Information, including but not limited to, applicable restrictions concerning
copyright and other intellectual property rights. Except as specifically authorized herein,
you may not: (i) permit other individuals to use the Websites, Services or Information; (ii)
modify, translate, distribute, create derivative works of or exploit the Websites, Services
or Information; (iii) copy, add to, alter, delete from, or redistribute the Information; (iv)
resell, rent, lease, transfer, or otherwise transfer rights to the Services or Information;
and (v) remove any proprietary notices or labels on the Services or Information.
You agree that your use of the Websites, Services and Information is entirely at your own
risk. The Company and all employees, affiliates and partners operating the Websites are not
registered as investment advisers or broker dealers. The Information is provided for
informational and educational purposes only. The Company does not guarantee the accuracy,
completeness or timeliness of, or otherwise endorse in any way, the views, opinions or
recommendations expressed in the Information.
You agree that the Information is not intended to provide tax, legal or investment advice,
which should be obtained from your professional adviser(s) prior to making any investment of
the type discussed in the Information. The Information is not intended to solicit or advocate
the purchase or sale of any security or investment. Any factual statements are made as of the
most recent date indicated and are subject to change without notice. Furthermore, the
analysts, employees, affiliates and partners of the Company may hold positions in the
securities or markets that are discussed in the Information. As a result, you should not rely
solely on the Information in making any investment decision. Rather, you should only use the
Information as a starting point and conduct additional independent research in order to form
your own opinions regarding investment opportunities.
Eligibility By using the Websites and Services, you represent and warrant
that: (i) all registration information that you submit is truthful, accurate and complete;
(ii) you will maintain the truthfulness, accuracy and completeness of such information; (iii)
you are least eighteen (18) years of age; and (iv) your use of the Websites and Services does
not violate any applicable law or regulation. If any of the aforementioned conditions are not
satisfied, the Company reserves the right to terminate your use of the Websites and Services
without notice.
Term This Terms and Conditions will remain in full force and effect while
you use the Websites and Services. You may terminate your use at any time for any reason. The
Company may restrict, suspend or terminate your access to the Websites and Services at any
time without notice (refer to section on “Termination”).
Fees As user or subscriber, you are responsible for any fees or other
charges that may be incurred while accessing the Websites and Services.
User Conduct
The following is a partial list of the kind of activity that is illegal or prohibited on the
Websites and through your use of the Services. The Company reserves the right to investigate
and take appropriate legal action against anyone who, in its sole discretion, violates this
provision, including without limitation, reporting you to law enforcement authorities. While
using the Websites and Services, you may not engage in the following activities:
(1) upload, post, publish, transmit, reproduce, distribute, display, broadcast, sell or
otherwise make available any information, software or other material that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of the Company or any
other party;
(2) upload, post, publish, transmit, distribute or otherwise make available any information
that is: (i) unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, libelous, pornographic, invasive of another’s privacy; (ii) promotes
unlawful activity; (iii) gives rise to civil liability; or (iv) is otherwise objectionable;
(3) offer, sell or buy any security or other investment vehicle;
(4) intentionally or unintentionally violate any applicable local, state, national or
international law, including but not limited to regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange,
including without limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
(5) upload, post, publish, transmit, distribute or otherwise make available any unsolicited
or unauthorized investment opportunities, advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(6) upload, post, publish, transmit, distribute or otherwise make available any material that
contains any virus or other computer code, file or program designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications equipment;
(7) use any information, software or other material obtained from or through the Websites and
Services for commercial purposes, except as otherwise expressly permitted by the provider of
such information, software or other material;
(8) impersonate or misrepresent your affiliation with any person or entity;
(9) restrict or inhibit others from using and enjoying the Websites and Services;
(10) interfere or disrupt networks connected to the Websites; and
(11) gain unauthorized access to other computer systems.
Content Posting & Blogging Terms and Conditions
The Company provides publishing and community services (“Blogging Services”) through its
Websites. The Blogging Services provide users with the ability to post information and
participate in web-based discussions. Some of the Blogging Services are free of charge while
others may incur a fee or be subject to other requirements (fees or requirements for any
service will be explained and require acceptance from you before you can access such
service). In order to use the Blogging Services, you must agree to the following terms and
conditions:
(1) You are solely responsible for the content that you post on or through the Blogging
Services, any material or information that you transmit to other users and for your
interactions with other users;
(2) The Company does not endorse and has no control over the content posted on or through the
Blogging Services. The content is not necessarily reviewed by the Company prior to posting
and does not necessarily reflect the opinions or policies of Company. The Company is not
responsible or liable for any threatening, libelous, obscene, harassing or offensive material
contained therein, infringement of third party intellectual property rights or any tortious
conduct arising therefrom, or crime facilitated thereby;
(3) The Company assumes no responsibility for monitoring the Blogging Services for
inappropriate content or conduct. If at any time the Company chooses, in its sole discretion,
to monitor the Blogging Services, the Company nonetheless assumes no responsibility for the
content, no obligation to modify or remove any inappropriate content, and no responsibility
for the conduct of the user submitting any such content;
(4) The Company may delete any content that, in its sole judgment, violates this Terms and
Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the
safety of any person;
(5) The Company is not responsible or liable for damages or loss arising from the deletion or
loss of content;
(6) The Company makes no warranties, express or implied, as to the content or to the accuracy
and reliability of the content or any material or information that you transmit to other
users;
(7) The Company may disclose any information if necessary or appropriate to satisfy any law,
regulation or other governmental request in order to operate the Blogging Services lawfully
and protect itself and its users; and
(8) Once you have registered on the Blogging Services, you will receive an account and
password. You are solely responsible for maintaining the confidentiality of your account and
password, and are fully accountable for all activities that occur under your account. You
also agree to immediately notify the Company immediately of any unauthorized use of your
account or any other breach of security.
Information Submitted to The Company
By submitting any information to the Company or displaying, publishing, or posting any
content on or through the Websites, you hereby grant to the Company a limited license to use,
modify, adapt, publicly display, reproduce, and distribute any such information or content.
The Company shall not be obligated to maintain the confidentiality of such information or
content, unless expressly agreed to by the Company or required by applicable law.
Copyright and Trademarks
The content included on the Websites, advertisements, e-mails and other communications
produced or distributed by the Company contain copyrighted material, including but not
limited to text, software, reports, videos, sounds, graphics, logos, icons, and images. Such
copyrighted material is the exclusive property of the Company and other respective owners
that have granted the Company the right and license to use such property and is protected by
United States and international copyright laws. All trademarks, service marks, and trade
names are proprietary to the Company or other respective owners that have granted the Company
the right and license to use such marks.
By granting you access to the Websites, the Company does not grant you any license or
authorization to use the copyrighted material, trademarks and other proprietary information
contained therein. Except as otherwise expressly permitted under applicable law, you may not
copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in
any way exploit the content or any portion of the Websites without the express permission of
the Company and other respective owners of the intellectual property. If you infringe or
otherwise violate the rights of the Company and other respective owners with respect to the
intellectual property accessible on the Websites, you may be liable under copyright,
trademark and other intellectual property laws of the United States and other countries.
Disclaimer of Warranties
THE PRODUCTS, OFFERINGS, CONTENT AND OTHER INFORMATION ON THE WEBSITES AND SERVICES ARE
PROVIDED ON “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR USE OR PURPOSE, SECURITY OR ACCURACY.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT: (i) THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS;
(ii) THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR SERVICES WILL BE ACCURATE,
RELIABLE OR COMPLETE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; (v)
ANY ERRORS IN THE WEBSITES OR SERVICES WILL BE CORRECTED; AND (vi) THE WEBSITES AND SERVERS
THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR SERVICES IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING
FROM: (i) THE USE OR INABILITY TO USE THE WEBSITES, SERVICES OR INFORMATION; (ii) THE USE OF
ANY CONTENT OR OTHER MATERIAL ON THE WEBSITES OR ANY THIRD-PARTY LINKS (iii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE WEBSITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (vi) ANY ERROR, OMISSION,
DELETION, DEFECT, DELAY, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR OTHER
MATTER RELATING TO THE WEBSITES AND SERVICES.
YOU ACKNOWLEDGE AND ACCEPT THAT THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING SECURITIES
AND INVESTING IN CURRENCIES. THE PAST RESULTS OF ANY INDIVIDUAL TRADER PUBLISHED ON THE
WEBSITES ARE NOT INDICATIVE OF FUTURE RETURNS BY THAT TRADER AND ARE NOT INDICATIVE OF FUTURE
RETURNS WHICH MAY BE REALIZED BY YOU. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY GAIN OR
LOSS, INCLUDING FINANCIAL, EMOTIONAL OR OTHERWISE, RESULTING FROM YOUR USE OF THE INFORMATION
OBTAINED FROM THE WEBSITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE
RESPONSIBLE OR LIABLE TO YOU FOR YOUR TRADING AND INVESTMENT RESULTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN
THOSE CASES, THE RESPECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE
LAW IN SUCH JURISDICTIONS.
Indemnification
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers,
agents, employees, and partners harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of: (i) your use of the
Websites, Services or Information; (ii) your connection or access to the Websites; (iii) any
information, message, software or other material you submit, post, transmit or otherwise make
available through the Websites; (iv) your violation of this Terms and Conditions; or (v) your
violation of any laws or rights of another.
Non-Commercial Use
The Websites are for the personal use of individual users only and may not be used in
connection with any commercial endeavors. Illegal and/or unauthorized uses of the Websites,
including but not limited to collecting usernames and/or email addresses of users and
subscribers by electronic or other means for the purpose of sending unsolicited email and
unauthorized framing of or linking to the Site will be investigated and appropriate legal
action will be taken, including without limitation, civil, criminal, and injunctive redress.
Content Provided by Third Parties
Third parties may provide stock quotes, charts, news, market updates, portfolio tracking,
historical and other information on the Websites. Such third party information may be subject
to market fluctuations and delays, including but not limited to delayed stock data, and
should be used for general informational purposes only. Neither the Company nor any of its
third party information providers shall be liable for any errors or delays in information or
for any actions taken in reliance on the information.
Links
The Websites may provide links to other Internet websites or resources maintained by third
parties. The Company and its affiliates do not endorse, operate or control in any respect any
information, products, or services on such third-party links. You agree that the Company is
not responsible or liable, directly or indirectly, for the availability of such third-party
links and for any loss or damage caused by or in connection with the use of or reliance on
any content, products or services available on or through any such third-party links.
The Website may provide links to other Internet websites where the trading of securities is
possible. You acknowledge and agree that the Company shall not be responsible or liable for
any trading activity that may be conducted on such linked sites. Dealings with Advertisers
Your correspondence, business dealings with, or participation in promotions of advertisers
found on or through the Websites, including payment and delivery of related goods or services
and any other terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that the Company shall not be
responsible or liable for any loss or damage incurred by such dealings or caused by the
presence of such advertisers on the Websites.
Modifications to Websites and Services
The Company reserves the right to modify or discontinue, temporarily or permanently, in part
or in whole, the Websites, Services and Information without notice at any time. You agree
that the Company shall not be liable to you or to any third party for any such modification,
suspension or discontinuance of the Websites, Services and Information.
Privacy Policy
You should review the Company’s other policies to better comprehend its practices.
Registration data and certain other information about you are subject to the Company’s
Privacy Policy. For more information, please review the entire Privacy Policy.
Communication
As a part of the Services the Company provides to its users, the Company communicates via
e-mail and other means to inform you of enhancements or changes in offerings, services, or
other relevant information targeted to your interests. You have the option to remove yourself
from various e-mail communications by following the directions for removal included in the
e-mail. However, even though users may request removal from the distribution of certain
e-mails, the Company reserves the right to send messages from time to time that it believes
would interest its users.
Purchases
The Company is taking reasonable and appropriate encryption measures with respect to payment
information that you provide on or through the Websites. However, you agree that the Company
is not responsible or liable for any loss or damage incurred as a result of making purchases
from or through the Websites. You agree that all information you are asked to provide in
making such purchases, including credit card and other payment information, are accurate and
complete. You agree that prices for products and services may change at any time and that you
will pay all charges incurred on your account, credit card or other payment method for the
prices in effect when such purchases are made. You also agree to pay any applicable taxes and
fees relating to such purchases.
Termination
The Company reserves the right to immediately terminate your use of and subscription to the
Websites or Services under certain circumstances and without notice. Cause for such
termination shall include but not be limited to: (i) breaches or violations of this Terms and
Conditions or other policies of the Company by you, (ii) requests by law enforcement or other
government agencies, (iii) a request by you, (iv) discontinuance or material modification to
the Websites or Services (or any part thereof), (v) unexpected technical or security issues
or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or
illegal activities, (viii) nonpayment of any fees owed by you in connection with the Websites
and Services, and/or (ix) any conduct by you that the Company finds inappropriate in its sole
discretion.
You agree that the Company shall not be responsible or liable to you or any third party for
termination of the use of the Websites and Services and for the inability to access any
information, products, services and third-party links as a result of such termination. The
Company shall not be responsible or liable for notifying any third party of the termination
of your use or forwarding any unread or unsent e-mails from any account that you may have to
you or any third party.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States
or the country in which you reside.
Entire Agreement
This Terms and Conditions, along with the Company’s Privacy Policy, Editorial Policy and
Disclaimer, constitutes the entire agreement between you and the Company and governs your use
of the Websites and Services, superseding any prior agreements between you and the Company
with respect to the Websites and Services. The Company reserves the right to modify this
Terms and Conditions from time to time without notice to you by posting such modification on
the Websites. You agree to be bound to any modifications to this Terms and Conditions when
you use the Websites and Services after any such modification has been posted. You may also
be subject to additional terms and conditions that may apply when you use or purchase certain
other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
This Terms and Conditions and the relationship between you and the Company shall be governed
by the laws of the State of California without regard to its conflict of law provisions. You
and the Company each agrees to submit to the personal and exclusive jurisdiction of the
courts located within the State of California.
Waiver and Severability of Terms
The failure of the Company to exercise or enforce any right or provision of this Terms and
Conditions shall not constitute a waiver of such right or provision. If any provision of this
Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should give effect to the parties’ intentions as reflected
in the provision, and that all other provisions of this Terms and Conditions remain in full
force and effect.
Statute of Limitations
You agree that notwithstanding any statute or law to the contrary, any claim or cause of
action arising out of or related to the use of the Websites and Services or pertaining to
this Terms and Conditions must be filed within one (1) year after the occurrence of such
claim or cause of action or be forever barred.
Section Titles
The section titles in this Terms and Conditions are for convenience only and have no legal or
contractual effect.