Thank
you for using www.TradingPhysics.com.
Your
use of www.TradingPhysics.com charting, data, content, information, and other tools
provided by www.TradingPhysics.com web site (referred to collectively as the
"Services" in this document and excluding any services provided to you by www.TradingPhysics.com
under a separate written Agreement) is subject to the terms of a legal Agreement
("Terms") between you and www.TradingPhysics.com.
1.
Acceptance
(a) By using the www.TradingPhysics.com website, you agree to the Terms
set forth in this Agreement. www.TradingPhysics.com will treat your use of the
Services as acceptance of this Agreement from that point onwards.
(b) You may not use the Services and may not accept the Agreement if:
(1) you are not of
legal age to form a binding contract with www.TradingPhysics.com; or
(2) you are a
person barred from receiving the Services under the laws of the United States
or other countries including the country in which you are resident or from
which you use the Services.
(c) If www.TradingPhysics.com
determines that you have misappropriated or misused the Services or otherwise
breached these Terms, www.TradingPhysics.com may terminate this Agreement and discontinue providing Services to
you. www.TradingPhysics.com may
enforce this Agreement against you, and may also take action against any person
that obtains such Services, by legal proceeding or otherwise. You shall pay the
reasonable attorney's fees that www.TradingPhysics.com or its Partners or Vendors incur in enforcing
this Agreement against you.
(d) www.TradingPhysics.com reserves
the right at any time to amend, change, revise, add, or modify the terms and
conditions without prior notice to you. www.TradingPhysics.com will post such amendments, changes or
modifications at http://www.TradingPhysics.com.com/Terms.aspx, or may
otherwise deliver the terms and conditions to you.
2.
Provision and Use of Services
(a) www.TradingPhysics.com provides
its Services as a general reference for informational and educational purposes
only. www.TradingPhysics.com is not
responsible for the quality, reliability, or availability of its Services. www.TradingPhysics.com reserves
the right to suspend or deny access to service, without prior notice, during
scheduled or unscheduled system maintenance, repairs or upgrades.
(b) www.TradingPhysics.com cannot and does not guarantee that the information
provided by its Services (including information obtained from third parties) is
accurate, reliable, current, complete or appropriate for your needs. The
accuracy, completeness, timeliness, results obtained from use, or correct
sequencing of the information, are not and cannot be guaranteed by www.TradingPhysics.com
or by any third parties creating or transmitting such information due to
various factors, including the inherent possibility of human and mechanical
error.
(c) The Services are provided exclusively for your personal,
non-professional and noncommercial access and use. You will not access or use
the Services in any unlawful manner, for any unlawful purpose or in violation
of these Terms or applicable laws, rules and regulations, or the rights of any
third party.
(d) Other than as expressly allowed by these Terms, you may not engage in
the uploading, posting, decompiling, reverse engineering, disassembling,
modification, copying, distribution, transmission, reproduction, republication,
licensing, display, sale, or the transfer or creation of derivative products or
other works of or from any product, service, information, content, software,
message, advertisement or any other work found at, aggregated at, contained on,
distributed through, linked to or from, downloaded to or from or in any other
manner accessed from the Services.
(e) You acknowledge that it is your sole responsibility to determine the
suitability of the Services for your own investment objectives. Any investment
decision and/or strategy that you make or utilize, whether or not such decision
or strategy derives from or relies upon information accessed or provided
through The Services, is done so at your sole discretion and risk. The
availability of The Services does not constitute an offer or solicitation to
buy or sell any investment product.
(f) You acknowledge and agree that while www.TradingPhysics.com may not
currently have set a fixed upper limit on the number or volume of transmissions
you may send or receive through the Services, such fixed upper limits may be
set by www.TradingPhysics.com at any time, at its own discretion.
(g) You agree not to access (or attempt to access) any of the Services
by any means other than through the interfaces that are provided by www.TradingPhysics.com,
unless you have been specifically allowed to do so in a separate agreement with
www.TradingPhysics.com. You specifically agree not to access (or attempt to
access) any of the Services through any automated means (including use of
scripts or web crawlers) unless you comply with the interface instructions.
(h) You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are connected
to the Services).
(i) You agree that you will not register under multiple accounts to take advantage
of free credits or discounted pricing provided to new users upon first-time registration.
3.
Software License
(a) www.TradingPhysics.com gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software
provided to you by www.TradingPhysics.com as part of the Services as provided
to you by www.TradingPhysics.com (referred to as the "Software" below). This
license is for the sole purpose of enabling you to use and enjoy the benefit of
the Services as provided by www.TradingPhysics.com, in the manner permitted by
the Terms.
(b) Unless www.TradingPhysics.com has given you specific written
permission to do so, you may not assign (or grant a sub-license of) your rights
to use the Software, grant a security interest in or over your rights to use
the Software, or otherwise transfer any part of your rights to use the
Software.
(c) You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise attempt
to extract the source code of the Software or any part thereof, unless this is
expressly permitted or required by law, or unless you have been specifically
told that you may do so by www.TradingPhysics.com, in writing.
4.
Security and Confidentiality
(a) In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details) as part
of the registration process for the Service, or as part of your continued use
of the Services. You agree that any registration information you give to www.TradingPhysics.com
will always be accurate, correct and up to date.
(b) www.TradingPhysics.com will
maintain adequate procedures to ensure the confidentiality of all account
information within its possession. All your Account Numbers, Usernames and
Passwords are confidential, and you agree to be fully responsible for your
account and identification numbers and for all activities under your Account
Number, Username, or Password.
(c) You agree and understand that you are responsible for maintaining
the confidentiality of usernames and passwords associated with any account you use to access
the Services. Accordingly, you agree that you will be solely responsible to www.TradingPhysics.com
for all activities that occur under your account.
(d) www.TradingPhysics.com may
justifiably rely that any actions conducted through its Services and placed
under your Account Number, Username, or Password were placed or authorized by
you.
(e) You will immediately notify www.TradingPhysics.com if any of the following shall occur:
(1) the loss or theft
of your Account Number, Username, or Password; or
(2) should you become
aware of any unauthorized use of your Account Number, Username, or Password.
5.
Third Party Content
(a) The Services may include hyperlinks to other web sites or resources owned or operated
by parties other than www.TradingPhysics.com. www.TradingPhysics.com
may have no control over any web sites or resources which are provided by
companies or persons other than www.TradingPhysics.com. www.TradingPhysics.com is not responsible for the content or availability of such other web
sites.
(b) Inclusion of a hyperlink does not imply any recommendation or
endorsement of the material or content on such third-party web sites, nor any
association with their operators.
(c)
Under no circumstances will www.TradingPhysics.com or its
affiliates be responsible or liable, directly or indirectly, for any loss,
cost, judgment, penalty, claim action, damage, expense or attorneys' fees
caused or alleged to have been caused in connection with the use or reliance on
any content, goods or services available on such external web site or resources.
6.
Subscription Services and Billing
(a) If you have a specific written agreement with www.TradingPhysics.com
that deals with billing, cancellation and support, then that agreement shall
govern in relation to those issues. In all other cases, the following terms
relating to billing, cancellation of related Billable Subscription Services and
billing assistance will apply.
(b) www.TradingPhysics.com may provide certain enhanced Services ("Subscription
Services") for a certain monthly fee ("Subscription Fee") billable on a
nonrefundable and nontransferable basis.
(c) In order to start using such Subscription Services, you must activate
the corresponding Subscription.
(d) The Subscription is activated on the date when the first Subscription
Fee is charged and payment is received by www.TradingPhysics.com.
(e) The day of month when the Subscription is activated constitutes the
Billing Day.
(f) The time period between the Billing Day when the last payment was
received till the Billing Day of the following month constitutes the Current Billing
Cycle.
(g) The Subscription remains active throughout the Current Billing Cycle.
(h) www.TradingPhysics.com will automatically renew your Subscription at
the end of the Current Billing Cycle by charging you the Subscription Fee.
(i) You can terminate automatic subscription renewal as described below, in
which case your Subscription will remain active until your Current Billing Cycle
expires. Upon expiration of your Current Billing Cycle, your subscription will
not be renewed and www.TradingPhysics.com will not charge you the Subscription
Fee at the end of the Current Billing Cycle.
(j) The automatic renewal of the Subscription will be terminated in the
following cases:
(1) the automatic renewal
is terminated by you using your account management tools; or
(2) the automatic
renewal is cancelled by you sending an email to Customer Service at
at least 5 business days prior to the expiration of your Current Billing Cycle; or
(3) www.TradingPhysics.com
fails to charge the next due Subscription Fee on the Billing Day via its merchant
interface, in which case the Subscription is deactivated immediately; or
(4)
www.TradingPhysics.com closes your account; or
(5)
www.TradingPhysics.com discontinues the Subscription Service; or
(6) www.TradingPhysics.com
terminates this Agreement with you.
(k) www.TradingPhysics.com uses a secure merchant
account for all monthly billing purposes. All payments shall be made
automatically on each Billing Day by a credit card or electronic check (ACH)
payment arrangement. You must provide a valid credit card or bank account for
billing purposes. By purchasing a Subscription, you explicitly authorize www.TradingPhysics.com to initiate, and your financial
institution to honor an electronic payment in the amount of the recurrent Subscription
Fee from your credit card account on record.
(l) The Subscription Fees do not include any taxes. Where applicable,
there shall be added to such Fees, and you shall pay amounts equal to any taxes
(however designated, levied, or based) on such Fees, including, but not limited
to, state and local sales, privilege, property, use or excise taxes, but not
including taxes based on the net income of www.TradingPhysics.com.
(m) ALL SALES ARE FINAL. There will be absolutely no refunds as www.TradingPhysics.com provides you with
limited and/or delayed Services without subscription, so you can evaluate the quality and availability
of the Services to ensure they meet your needs prior to purchasing the Subscription.
7.
Proprietary Rights
(a) You acknowledge and agree that www.TradingPhysics.com (or www.TradingPhysics.com
licensors) own all legal right, title and interest in and to the Services,
including any intellectual property rights which subsist in the Services
(whether those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Services may contain
information which is designated confidential by www.TradingPhysics.com and that
you shall not disclose such information without its prior written consent.
(b) Unless you have agreed otherwise in writing with www.TradingPhysics.com,
nothing in the Terms gives you a right to use any of www.TradingPhysics.com
trade names, trade marks, service marks, logos, domain names, and other
distinctive brand features.
(c) If you have been given an explicit right to use any of these brand
features in a separate written agreement with www.TradingPhysics.com, then you
agree that your use of such features shall be in compliance with that
agreement, any applicable provisions of the Terms.
(d) www.TradingPhysics.com acknowledges and agrees that it obtains no
right, title or interest from you (or your licensors) under these Terms in or
to any Content that you submit, post, transmit or display on, or through, the
Services, including any intellectual property rights which subsist in that
Content (whether those rights happen to be registered or not, and wherever in
the world those rights may exist). Unless you have agreed otherwise in writing
with www.TradingPhysics.com, you agree that you are responsible for protecting
and enforcing those rights and that www.TradingPhysics.com has no obligation to
do so on your behalf.
(e) You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark notices) which
may be affixed to or contained within the Services.
(f) Unless you have been expressly authorized to do so in writing by www.TradingPhysics.com,
you agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely
or intended to cause confusion about the owner or authorized user of such
marks, names or logos.
(g) The Services, Data, Charts, Content, and other Information provided by www.TradingPhysics.com
and its underlying providers, and the manner of their provision, individually
or as a whole, are all protected pursuant to U.S. patent, copyright laws,
international treaties or conventions and other laws, and shall remain the
exclusive property of www.TradingPhysics.com or its Providers and Partners, and
no title or ownership interest will transfer to you. Unless
you have been specifically permitted to do so in a separate agreement with www.TradingPhysics.com,
you agree not to reproduce, duplicate,
copy, retransmit, disseminate, sell, distribute, publish,
broadcast, or provide the information or services in any manner without the prior
express written consent by www.TradingPhysics.com for any purpose.
8.
Disclaimer of Any Warranty
WWW.TRADINGPHYSICS.COM
DOES NOT REPRESENT OR WARRANT THAT ANY WWW.TRADINGPHYSICS.COM SERVICES ARE FREE
OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE,
COMPLETE, OR OTHERWISE VALID. THE WWW.TRADINGPHYSICS.COM SERVICES ARE PROVIDED
"AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND WWW.TRADINGPHYSICS.COM
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT AND ACCURACY. YOUR USE OF WWW.TRADINGPHYSICS.COM
IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE THAT RESULTS FROM THE USE OF ANY WWW.TRADINGPHYSICS.COM SERVICES INCLUDING,
BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
9.
Limitation of Liability
WWW.TRADINGPHYSICS.COM
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH USE OF THE WWW.TRADINGPHYSICS.COM SERVICES, WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR
OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT WWW.TRADINGPHYSICS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES
SHALL WWW.TRADINGPHYSICS.COM BE LIABLE TO YOU FOR ANY AMOUNT.
10.
Exclusions and Limitations
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF WWW.TRADINGPHYSICS.COM
AND ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS,
EMPLOYEES, DISTRIBUTORS AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE
UNDER APPLICABLE LAW. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD WWW.TRADINGPHYSICS.COM
OR ANY OF ITS UNDERLYING SERVICE PROVIDERS RESPONSIBLE FOR ANY SELECTION OR
RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THOSE
CONTRACTED TO OPERATE VARIOUS AREAS ON THE SERVICE) IN CONNECTION WITH WWW.TRADINGPHYSICS.COM
SERVICES. ANY WARRANTIES THAT BY LAW
SURVIVE THE FOREGOING DISCLAIMERS SHALL TERMINATE ONE (1) DAY FROM THE DATE THE
SERVICE IS USED BY YOU.
11.
Release and Waiver
To
the maximum extent permitted by applicable law, you hereby release and waive
all claims against www.TradingPhysics.com, and its subsidiaries, affiliates,
officers, agents, licensors, co-branders or other partners, and employees from
any and all liability for claims, damages (actual and/or consequential), costs
and expenses (including litigation costs and attorneys' fees) of every kind and
nature, arising from or in any way related to your use of www.TradingPhysics.com
Services. You understand that any fact relating to any matter covered by this
release may be found to be other than now believed to be true and you accept
and assume the risk of such possible differences in fact. In addition, you
expressly waive and relinquish any and all rights and benefits which you may
have under any other state or federal statute or common law principle of
similar effect, to the fullest extent permitted by law.
12.
Hold Harmless and Indemnity
To
the maximum extent permitted by applicable law, you agree to hold harmless and
indemnify www.TradingPhysics.com and its subsidiaries, affiliates, officers,
agents, licensors, co-branders or other partners, and employees from and
against any third party claim arising from or in any way related to your use of
www.TradingPhysics.com Services, or any act, error, or
omission of your use of your account or any user of your account, including, but not limited to, any liability or expense arising from
all claims, losses, damages (actual and/or consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature.
13.
Force Majore
www.TradingPhysics.com
shall not be liable for any loss directly or indirectly resulting from your use
of the Services, including, but not limited to, exchange or market ruling,
government restriction, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, unauthorized
access, the malfunction of your electronic or mechanical equipment, personal
computer and any lines thereto, theft, operator errors, or due to any
"force majeure" (e.g., severe weather, earthquakes, flood, fire or
other acts of God), strikes or other labor problems, fire, war, insurrection,
riot, or to any other cause beyond the reasonable control of www.TradingPhysics.com
or any third party.
14.
Termination
(a) The Terms will continue to apply until terminated by either you or www.TradingPhysics.com
as set forth below.
(b) If you want to terminate your legal agreement with www.TradingPhysics.com,
you may do so by (a) notifying www.TradingPhysics.com at any time and (b)
closing your accounts for all of the Services which you use, where www.TradingPhysics.com
has made this option available to you. Your notice should be sent to Customer Service at
.
(c) www.TradingPhysics.com may at any time, terminate this legal
agreement with you if:
(1) you have
breached any provision of the Terms (or have acted in manner which clearly
shows that you do not intend to, or are unable to comply with the provisions of
the Terms); or
(2) www.TradingPhysics.com
is required to do so by law (for example, where the provision of the Services
to you is, or becomes, unlawful); or
(3) the Partner or
Vendor with whom www.TradingPhysics.com offered the Services to you has
terminated its relationship with www.TradingPhysics.com or ceased to offer the
Services to you; or
(4) www.TradingPhysics.com
is transitioning to no longer providing the Services to users in the country in
which you are resident or from which you use the service; or
(5) the provision
of the Services to you by www.TradingPhysics.com is, in www.TradingPhysics.com
opinion, no longer commercially viable.
(d) When these Terms come to an end, all of the legal rights,
obligations and liabilities that you and www.TradingPhysics.com have benefited
from, been subject to (or which have accrued over time whilst the Terms have
been in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation shall continue to apply to such rights,
obligations and liabilities indefinitely.
15.
Advertisements
(a) Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be targeted to
the content of information stored on the Services, queries made through the
Services or other information.
(b) The manner, mode and extent of advertising by www.TradingPhysics.com
on the Services are subject to change without specific notice to you.
(c) In consideration for www.TradingPhysics.com granting you access to
and use of the Services, you agree that www.TradingPhysics.com may place such
advertising on the Services.
16.
General Terms
(a) Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece of
software, or purchase goods, which are provided by another person or company.
Your use of these other services, software or goods may be subject to separate
terms between you and the company or person concerned. If so, the Terms do not
affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and www.TradingPhysics.com
and govern your use of the Services (but excluding any services which www.TradingPhysics.com
may provide to you under a separate written agreement), and completely replace
any prior agreements between you and www.TradingPhysics.com in relation to the
Services.
(c) You agree that www.TradingPhysics.com may provide you with notices,
including those regarding changes to the Terms, by email, regular mail, or
postings on the Services.
(d) You agree that if www.TradingPhysics.com does not exercise or
enforce any legal right or remedy which is contained in the Terms (or which www.TradingPhysics.com
has the benefit of under any applicable law), this will not be taken to be a
formal waiver of www.TradingPhysics.com rights and that those rights or
remedies will still be available to www.TradingPhysics.com.
(e) If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms is invalid, then that provision
will be removed from the Terms without affecting the rest of the Terms. The
remaining provisions of the Terms will continue to be valid and enforceable.
(f) You acknowledge and agree that each member of the group of companies
of which www.TradingPhysics.com is the parent shall be third party
beneficiaries to the Terms and that such other companies shall be entitled to
directly enforce, and rely upon, any provision of the Terms which confers a
benefit on (or rights in favor of) them. Other than this, no other person or
company shall be third party beneficiaries to the Terms.
(g) The Terms, and your relationship with www.TradingPhysics.com under
the Terms, shall be governed by the laws of the State of New York without
regard to its conflict of laws provisions. You agree that www.TradingPhysics.com
shall still be allowed to apply for injunctive remedies (or an equivalent type
of urgent legal relief) in any jurisdiction.