REALITYTRADER TERMS OF USAGE AND DISCLAIMER
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
1. Scope of Agreement: Under this Agreement ("Agreement"), "RealityTrader", "RealityTrader.com", "we", "our" or "us" makes available on-line financial information and services (the "Service") to registered subscribers, members or authorized users ("you", "your", "trialer", "member" or "subscriber"). By selecting "I ACCEPT" at the end of the agreement when you are registering or if you use the Service, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
This is the entire agreement between you and us, superseding prior agreements regarding its subject matter. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, software or other services. We may change this Agreement at any time and we will send you notice of any changes via email. Changes will take effect 30 days after we send you notice ("effective date"). You can read a current copy of this Agreement any time by selecting "Subscriber Agreement" on our Member Services page. If any change is not acceptable, you may terminate your subscription as described below, but using the Service after the effective date means you accept the changes.
2. General: The RealityTrader Service is designed to provide information in regard to daytrading, swingtrading and investing in the U.S. Stock Market and makes no warranties or guarantees to the content or accuracy of any information presented by any individuals in the chat room including those from members, trial members, and/or staff of RealityTrader. Recommendations to buy, sell, short or otherwise place orders relating to stocks or other securities in this room are the views of the individual only. You absolutely must make your own decisions before acting on any information gained from this chat room.
It is marketed with the understanding that the principles of RealityTrader are not engaged in rendering legal, accounting, or other professional service. The information and commentaries are not meant to be an endorsement or offering of any stock purchase. They are meant to be a guide only, which must be tempered by the investment experience and independent decision making process of the subscriber and trial member. RealityTrader or any employees are in no way liable for the use of the information by others in investing or trading in investment vehicles utilizing the principles disclosed herein. RealityTrader or any of its employees do not represent themselves as acting in the position of an investment advisor or investment manager for the use of the information in this service. It is further understood that before the member utilizes the techniques suggested by this service, the member should consult a professional stock broker or competent financial advisor. The past result of any trading or investment system are not necessarily indicative of future performance.
3. Subscription Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you don't, you will be in breach of this Agreement allowing us to immediately terminate your subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone's rights or one, in our sole discretion, we consider offensive, improper or inappropriate. If you do, we can modify or delete it.
4. Charges and Billing Practices: Current subscription rates and charges are available at www.realitytrader.com/join.htm. Payment for your subscription is due and automatically billed monthly on your sign up date every month. You may cancel your membership any time by emailing firstname.lastname@example.org. A confirmation email will be sent to you. If you decide to cancel your membership after the start of your next month's billing cycle, you will not be entitled to a refund. You are responsible for all use, activities and charges associated with or arising from your subscription and use of the Service, including any unauthorized charges or use under your subscription, user name and/or password.
You will be liable for attorneys' and collection fees if we have to collect unpaid amounts you owe us. If you do not notify us of discrepancies within 90 days after they first appear on any statement we send you, you will be considered to have accepted the amounts due to be correct. We may refer to such acceptance if we receive any inquiries from you or relating to your account, any judicial, regulatory or governmental authority or anyone else. You release us from all liability and claims of loss resulting from any error or discrepancy that is not reported to us within 90 days of our sending a statement to you or from when we otherwise give you notice, whichever is sooner.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE OUR SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR INFORMATION, MATERIAL (DEFINED BELOW) OR SERVICES. WE WILL NOTIFY YOU OF IN ADVANCE AND IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION.
5. Rights and Responsibilities: The Service presents information, data, content, news, reports, programs, video, audio and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as "Materials." Materials can be furnished, made available and/or accessible from one party to another and they can be perceived either directly or with the aid of a machine, program or device and can be owned by us, provided through an arrangement we have with others or which may be accessed through use of the Service. You have no rights in or to the Material and you will not use Material, except as permitted under this Agreement. You will not violate our rights, the rights of any third party or any laws and regulations. Unless we give you written permission, you may only use and access, download and copy our Material (and print out one copy) for your personal use, keeping all our copyright and other notices on the Material. You may not do or allow anyone else to do anything with the Material which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying third-party Material.
You may not use or allow others to use, your subscription, user name, password or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any material or information through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another; or (c) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity or conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, completeness, currentness or usefulness of any Material in connection with your subscription, user name or password. Although we do not pre-screen, we reserve the unconditional right to remove Material we consider harmful, offensive, in violation of law, regulation or any agreement.
You also may not, nor allow others to use, your subscription, user name, password or the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any Material; (b) act in a way that affects or reflects negatively on us, the Service, or any other; (c) transmit or communicate any advertising, promotion or solicitation; (vi) collect or attempt to collect any information of others, including passwords, account or other information
7. Information About You: "Personal information" means any information relating to your subscription and use of the Service and which specifically identifies you or your account. We may store and use your personal information for our own internal purposes and we reserve the right to access, monitor and retrieve password-protected information for compliance with this Agreement. We will not disclose your personal information, except as described in this Agreement, nor will we disclose information to others that would connect your user name with your actual name unless we are compelled by law. In our sole discretion, we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
We sometimes aggregate information about our subscribers and you agree we can make such statistical information available to others, as long as we don't identify you.
8. Limited Liability and Warranty: You are entirely liable for activities conducted by you or anyone else in connection with your subscription and use of the Service. You must keep your user name and password secret and not disclose it to others. You may not allow others to use the Service, your subscription, user name or password. If you do, you: (i) assume all responsibility and liability associated with such use; and (ii) indemnify and hold us harmless for any such use.
We do not warrant the accuracy, completeness, currentness or other characteristics of any Material available on or through our Service. We will not be liable for any loss or injury resulting directly or indirectly from our Service, whether or not caused in whole or in part by our negligence or by contingencies beyond our control. Neither we, nor our suppliers, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access any of our Services, Material, content, information, goods or services.
YOUR ACCESS TO AND USE OF OUR SERVICE, IS AT YOUR SOLE RISK AND ARE PROVIDED "AS IS," "AS AVAILABLE." THE SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Indemnification: You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of this Agreement and/or your use of the Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action and then corresponding indemnification obligation will end.
10. Termination: We or you can terminate your subscription at any time by emailing email@example.com. Termination is your sole right and exclusive remedy if you are not satisfied with our Service. We can terminate this Agreement, restrict or terminate your access to and use of the Service immediately and without notice or liability, if you breach this Agreement in any way, and it will not limit any other rights available to us.
Subscription Cancellation. Termination will take effect at the end of the current monthly billing cycle. You will not be entitled to any refund or credit if you cancel after the start of the next month's billing cycle. Any delinquent or unpaid amounts must be paid in full before you may re-register or re-subscribe to our Service. If your right to use the Service terminates, you may not use the Service without our express permission. You may not allow anyone else whose subscription was terminated to use the Service through your subscription, user name or password.
11. Governing Law and Interpretation: If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The laws of Canada, excluding its conflicts-of-law rules, govern this Agreement, your subscription and use of our Service. You must comply with all laws, regulations, obligations and restrictions which apply to you. You agree that the courts of Canada have exclusive jurisdiction for any claim, action or dispute under this Agreement. You also agree and expressly consent to the exercise of personal jurisdiction in Canada. This Agreement may not be modified, except in writing signed by an authorized officer of RealityTrader.com. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
12. Member Conduct: As a condition of your use of the Service, you warrant to RealityTrader that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
- Advertise or offer to sell or buy any goods or services for any non-personal purpose.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
RealityTrader has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, RealityTrader reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.