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Terms Of Use

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.