TERMS AND CONDITIONS OF USE
(revised December 18, 2009)
|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.|
Terms and Conditions
|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.
|Orders and Payment|
|Each User is responsible for any fees or other charges that may be incurred to access TRADINGMARKETS.COM. All orders submitted to TRADINGMARKETS.COM through this website or by a sales representative are subject to final approval by the head office in New Jersey.|
|Third Party Provided Content:|
|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|
|User Conduct On TRADINGMARKETS.COM:|
|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.
|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.|
|Additional Terms and Conditions for Blog Services|
|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.|
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.COM’s 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 User’s password and account. Furthermore, User is entirely responsible for any and all activities which occur under User’s account. User may change User’s password at any time. User agrees to immediately notify TRADINGMARKETS.COM of any unauthorized use of User’s 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, User’s 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 User’s 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, User’s 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 User’s conduct fail to conform to any and/or all of TRADINGMARKETS.COM’s terms and conditions.
|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|
|Failure to Comply With Terms and Conditions and Termination:|
|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.
|The Terms and Conditions and the relationship between you and TRADINGMARKETS.COM shall be governed by the laws of the State of New Jersey, 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 New Jersey.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.