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DISCLAIMER AND
TERMS AND CONDITIONS
FOR TRADERBLOGS.COM
All information
disseminated to you by TradingEducation.com, LLC (hereinafter
“TradingEducation.com”) on or through its website traderblogs.com
(hereinafter the “Website”), or distributed to you by
TradingEducation.com by any other means, comprising such information
as articles; postings; comments; opinions; messages; commentaries;
blog information, communications, content, and entries; columns;
market data; quotes; research findings; news; charts; audio and/or
video presentations; webinars; eBooks; newsletters and all other
features of the Website (collectively, the “Information”) is
provided for informational and educational purposes only which you
agree to use entirely at your own risk. TradingEducation.com
reserves the right to change, alter, delete, delay, modify or
discontinue the Information or any feature on its Website at any
time for any reason without prior notice to you.
TradingEducation.com
does not make solicitations, recommendations or offers to buy or
sell stocks, futures, commodities, options, Forex, or any other
security or investment. TradingEducation.com does not advocate the
purchase or sale of any security or investment. The Information
should not be construed as investment, financial, tax or legal
advice. TradingEducation.com is not a registered investment
advisor, commodity trading advisor, broker or broker dealer.
Prior to the execution of a securities, commodities, options or
Forex trade, you should always consult with your broker or other
financial advisor. There is a very high degree of risk involved in
trading securities, commodities, futures, options and Forex.
Past results of any individual trader written about or referred to
in the Information are not indicative of future returns by that
trader, and are not indicative of future returns which may be
realized by you or others.
TradingEducation.com,
and its members, employees, agents, consultants, analysts,
representatives, content or service providers, affiliates,
subsidiaries, successors and assigns (hereinafter collectively, the
"TradingEducation.com Indemnities") assume no responsibility or
liability for your trading and investment results. The
TradingEducation.com Indemnities are not responsible for any actions
taken by you based upon your use of any of the Information. The
TradingEducation.com Indemnities may hold positions or interests in
any of the markets discussed on the Website. You should not
rely solely on the Information, in making any investment or trading
decision. Rather, you should do your own independent research
in order to allow you to form your own opinion regarding your
investments and trading decisions. You should always discuss
and/or review your trading strategies and decisions with your broker
or other professional advisor. The Information is obtained from
sources considered by TradingEducation.com to be reliable, but the
accuracy and completeness thereof are not guaranteed. The
TradingEducation.com Indemnities shall not be responsible or liable
for the truth, accuracy, completeness or timeliness of, or otherwise
endorse in any manner, the opinions, views, postings, comments, or
recommendations expressed in the Information, or otherwise for the
Information provided or for errors, mistakes, misinterpretation of,
or omissions therein or for any delays or interruptions of the
Information presented on the Website or for whatever cause.
You agree to
indemnify, release, defend, and hold harmless the
TradingEducation.com Indemnities from and against any and all
claims, liabilities, losses, causes of actions, costs, lost profits,
lost opportunities, indirect, special, incidental, consequential,
punitive, or any other damages whatsoever and expenses (including,
without limitation, court costs and attorneys' fees) asserted
against, resulting from, imposed upon or incurred by any of the
TradingEducation.com Indemnities as a result of, or arising out of
this Disclaimer and/or your use of the Information.
Access to and use of
the Website and the Information available on the Website is on an
“as-is”, “as available” basis and TradingEducation.com specifically
disclaims any representations or warranties, express or implied,
including without limitation, any representations or warranties of
merchantability or fitness for a particular purpose. The
TradingEducation.com Indemnities will not be liable, either jointly
or severally, to you or to any other person as a result of your
access or use of the Website for indirect, consequential, special,
incidental, punitive, or exemplary damages, including, without
limitation, lost profits, lost savings and lost revenues
(collectively, the “Excluded Damages”), whether or not characterized
in negligence, tort, contract, or other theory of liability, even if
TradingEducation.com has been advised of the possibility of or could
have foreseen any of the Excluded Damages, and irrespective of any
failure of an essential purpose of a limited remedy. If any
applicable authority holds any portion of this section of this
Disclaimer to be unenforceable, then the liability of the
TradingEducation.com Indemnities will be limited to the fullest
possible extent permitted by applicable law. You agree this
paragraph constitutes a conspicuous legend.
If you are located
outside of the United States, information that you provide to
TradingEducation.com will be sent to the United States. By signing
up or registering for any of TradingEducation.com’s Information you
consent to your information being sent to the United States.
TradingEducation.com makes no representation that the Information is
appropriate or available for use in locations outside the United
States, and accessing it from territories where the Information is
illegal is prohibited. If you choose to access the Website from a
location outside the U.S., you do so on your own initiative and you
are responsible for compliance with local laws.
TradingEducation.com
has no responsibility for the accuracy, completeness or availability
of information provided by linked websites. Links to external
websites do not constitute an endorsement by TradingEducation.com of
the sponsors of such sites or the content, products, services,
advertising or other promotional materials or information presented
on such sites. The links on the Website may provide you with
access to other websites where the trading of securities,
commodities, futures, options or Forex is possible.
TradingEducation.com shall not be responsible or liable with regard
to any trading which may be conducted on such linked websites or any
other website which may be linked to or from the Website.
Information on the websites that are linked to or from the Website
comes from a variety of sources. TradingEducation.com does not
author, edit or monitor these websites or links.
TradingEducation.com shall not be responsible or liable, directly or
indirectly, for any damages or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on such external websites. Accessing
certain links on the Website may provide you with access to other
websites for which TradingEducation.com assumes no responsibility of
any kind for the content, availability or otherwise.
The Information is the
property of TradingEducation.com or its licensors and is protected
by copyright and other intellectual property laws.
TradingEducation.com is the owner and/or authorized user of any
trademark, registered trademark and/or servicemark appearing on the
Website, and is the copyright owner or licensee of the Information
on the Website, unless otherwise indicated. If you make any
use of the Information, except as provided for in this Disclaimer,
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. TradingEducation.com does
not grant any license or other authorization to you of its
trademarks, registered trademarks, servicemarks, other copyrighted
or copyrightable material or any other intellectual property
including all Information, by including them on the Website.
You are being granted
a non-exclusive, non-transferable limited license that may be
revoked at any time. You may display or print the Information for
your personal, non-commercial use only. No portion of the
Information may be reproduced in whole or in part without the prior
written consent of TradingEducation.com. You may not use any data
mining, robots, or similar data gathering and extraction tools on
the Information, frame any portion of the Website or Information, or
reproduce, reprint, retransmit, copy, store, publicly display,
distribute, broadcast, transmit, modify, translate, port, publish,
sublicense, assign, transfer, sell, publish, loan, or otherwise
provide access to the Information to any third party or distribute
the Information without prior written consent from
TradingEducation.com. You may not circumvent any mechanisms included
in the Information for preventing the unauthorized reproduction or
distribution of the Information. You can not create abstracts from,
derivative works of, or display headlines or excerpts from, the
Information for use on another website or service. You can not post
any Information from the Website to newsgroups, mail lists or
electronic bulletin boards, without TradingEducation.com’s prior
written consent.
TradingEducation.com
makes available on its Website various publishing and community
services (hereinafter “Blog Service”), including but not limited to
the capability that may allow you and others to participate in
web-based discussions on the Website and to submit and post blog
information and communications which may become incorporated into
the Information available on the Website.
You acknowledge and
agree that TradingEducation.com neither endorses the contents of any
information that becomes part of the Information 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. TradingEducation.com has no responsibility for
the accuracy, completeness or availability of content provided in
the Information.
TradingEducation.com
has no duty to pre-screen blog information prior to posting, but
does have the right to refuse to post or to edit or modify any
submitted information. Additionally, TradingEducation.com reserves
the right to remove or delete any Information from its Blog Service
for any reason at any time, but shall not be responsible for its
failure or delay in removing any such Information.
TradingEducation.com
assumes no responsibility for the deletion or failure to store
information submitted by you for posting into its Blog Service.
TradingEducation.com retains the right, at its sole discretion, to
determine whether or not your conduct is consistent with the
intention of the Blog Service and may elect not to post your blog
information for any reason in its sole discretion.
You are solely
responsible for the contents of your transmissions of your
information that is submitted and posted to the Blog Service. By
submitting information to the Blog Service, you hereby grant
TradingEducation.com, its affiliates and distributors the right to
use, display, copy, distribute, adapt and promote the information as
part of its Information in any medium in any way it sees fit in its
sole discretion.
All information
submitted by you to TradingEducation.com through its Blog Service
shall be deemed and remain the property of TradingEducation.com,
which shall be free to use, for any purpose, any ideas, concepts,
know-how, trading plans or strategies, or techniques contained in
information that you provide to TradingEducation.com through the
Blog Service.
Your contributions to
and participation in the Blog Service are subject to all applicable
local, state, national and international laws and regulations. In
addition to your expected conduct described elsewhere in these Terms
and Conditions, you also agree: (a) to comply with United States law
regarding the transmission of technical data exported from the
United States through the Blog Service; (b) not to use the Blog
Service for illegal purposes; (c) not to interfere or disrupt
networks connected to the Blog Service; and (d) 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,
your conduct is subject to Internet regulations, policies and
procedures. You agree also not to use the Blog Service or any
communications tools related to the Website to harvest information
about visitors to the Website or to post or transmit, directly or
indirectly, any advertisements, chain letters, unsolicited bulk
communications (including emails and instant messages), junk mail,
solicitations, pyramid schemes, investment opportunities, spamming,
flooding or any unsolicited commercial communications (except as
otherwise expressly permitted by TradingEducation.com), or
impersonate any other person or entity or misrepresent your
affiliation with any other person or entity, post or transmit any
information or software that contains a worm, virus, or other
computer code, files or programs that destroy, interrupt or limit
the functionality of any computer hardware or software or
telecommunications equipment, or otherwise permit the unauthorized
use of a computer or network.
You agree not to
transmit through the Blog Service any unlawful, fraudulent,
libelous, invasive (of another’s privacy), tortuous, deceptive,
defamatory, obscene, pornographic, profane, abusive, harassing,
threatening, harmful or otherwise objectionable information of any
kind or nature. You further agrees not to transmit any information
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, including
without limitation the U.S. export laws and regulations and laws
pertaining to securities and investment advising. You shall not
interfere with, restrict or inhibit any other person or entity’s use
and enjoyment of the Blog Service or Website.
TradingEducation.com
has no obligation to monitor the Blog Service. You acknowledge and
agree, however, that it does retain the right to monitor the Blog
Service and to disclose any information that you submitted to the
Website for posting as necessary or appropriate to satisfy any law,
regulation or other governmental request, and to operate the Blog
Service as TradingEducation.com sees fit in its sole discretion.
TradingEducation.com will not intentionally monitor or disclose any
private electronic-mail message unless required by law, but reserves
the right to refuse to post any information, materials or blog
entries, in whole or in part, that, in its sole discretion, are
considered unacceptable, offensive, undesirable, inappropriate or in
violation of these Terms and Conditions in any manner. Once posted
as Information, TradingEducation.com reserves the right to remove
such Information from the Blog Service and Website for any reason in
its sole discretion. TradingEducation.com shall not be subject to
any obligations of confidentiality regarding submitted information,
except as specifically required by law.
You agree to defend,
indemnify and hold the TradingEducation.com Indemnities harmless
from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, made by any third party due to or
arising out of your submission of information through the Blog
Service or the placement or transmission of any message,
information, software or other materials through the Blog Service by
you or users of your computer or related to any violation of these
Terms and Conditions by you or users of your computer, or the
infringement by you or others who use the Blog Service using your
computer, of any intellectual property or other rights of any person
or entity. TradingEducation.com reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
TradingEducation.com
reserves the right to terminate or restrict your access to the
Website and its Information (including its Blog Service) if, in its
opinion, your use of the Website may violate any laws, infringe upon
another person's or entity’s rights or violate any of the Terms and
Conditions of this Disclaimer. TradingEducation.com may deny you
future access to all or part of the Information without prior notice
if you engage in any conduct or activities that
TradingEducation.com, in its sole discretion, believes violate any
of these Terms and Conditions, violates the rights of
TradingEducation.com, or are otherwise inappropriate for continued
access.
Upon termination of
the Blog Service, your right to use the Blog Service will
immediately cease. You shall have no right and TradingEducation.com
will have no obligation thereafter to forward any unread or unsent
messages to you or any third party.
You acknowledge and
agree that TradingEducation.com may, in its sole discretion, deny
you access, through the Website, to third party services,
merchandise, materials or information on the Internet, and
TradingEducation.com 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.
By navigating the
Website and viewing or downloading any of the Information presented
on the Website or distributed to you by TradingEducation.com in any
manner, you represent that you have read and understand this
Disclaimer and agree to be bound by all of the Terms and Conditions
contained herein. TradingEducation.com may change the Terms and
Conditions from time to time and at any time without notice to you,
by posting such changes on the Website. By navigating the Website
following any modifications to these Terms and Conditions, you agree
to be bound by any such modifications to the Terms and Conditions.
Should you object to any provisions of these Terms and Conditions or
any subsequent modifications thereto or become dissatisfied with the
Information (including the Blog Service) in any way, your sole and
exclusive remedy and only recourse is to immediately discontinue
your use of the Website.
The Terms and
Conditions and the relationship between you and TradingEducation.com
shall be governed by the laws of the State of Florida, without
regard to its conflict of law provisions. You and
TradingEducation.com each agrees to submit to the personal and
exclusive jurisdiction of the courts located within Hillsborough
County, Florida.
By agreeing to these
Terms and Conditions, you (1) waive any claims that you might
otherwise have against the TradingEducation.com Indemnities based on
the laws of other jurisdictions, including your own; (2) irrevocably
consent to the exclusive jurisdiction of, and venue in, state or
federal courts in Hillsborough County, Florida over any disputes or
claims you have with us; and (3) submitting yourself to the personal
jurisdiction of courts located in the Hillsborough County, Florida
for the purpose of resolving any such disputes or claims.
The failure of
TradingEducation.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
Website or the Terms and Conditions must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
TradingEducation.com, LLC is affiliated through common ownership
with Market Technologies, LLC.
COPYRIGHT INFRINGEMENT
CLAIM NOTICE PROCEDURE
Copyright and
Intellectual Property Policy
We respect the
intellectual property of others, and we ask our users to do the
same. We assume no responsibility for content on other web sites
that you may find or access when using our products or services.
Material available on or through other web sites may be protected by
copyright and the intellectual property laws of the United States
and/or other countries. The terms of use of those web sites, and not
our Terms of Service, govern your use of that material.
It is our
policy, in appropriate circumstances and at its discretion, to
disable and/or terminate the accounts of users who may infringe or
repeatedly infringe the copyrights or other intellectual property
rights of our company and/or others.
Notice for
Claims of Copyright and Other Intellectual Property Violations and
Agent for Notice
Pursuant to Title 17,
U.S. Code § 512(c)(2), notifications of claimed copyright
infringement, or notification of other intellectual property rights
violation, should be sent ONLY to the Designated Agent below.
NOTE: THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY
INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE,
ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE
IF SENT TO THIS CONTACT.
Written notification
of claimed copyright infringement must be submitted to the following
Designated Agent via the following routes:
Mail:
Smith & Hopen, PA
180 Pine Avenue North
Oldsmar, FL 34677
Fax: 813-925-8525
Email:
staff@smithhopen.com
Under Title 17, § 51
2(c)(3)(A) of the United States Code, the Notification of Claimed
Infringement must include the following:
1.
An electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest.
2.
An identification of the copyrighted work, or works, that you
believe to have been infringed upon. The identification must provide
sufficient detail to specify the work. For example, an
identification for a web page might state, “The copyrighted work at
issue is the text that appears on
http://www.originalexpression.com/original_page.html.” Where the
work is another form of publication, the identifying information
could include the name, edition, ISBN number and pages of a book
from which an excerpt was copied, the music album or single, etc. as
appropriate.
3.
A clear description of where the infringing material is located on
our web site(s), including, as applicable, its URL, so that we can
locate the material.
4.
Information reasonably sufficient to permit us to contact you. An
email address is preferred. Alternatively, you might provide your
mailing address and/or telephone number.
5.
The following statement: “I have a good-faith belief that use of the
copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent or the law.”
6.
The following statement: “I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the copyright
owner.”
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