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Terms of use
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE OR THE FORECASTS. By continuing to access or use this site, or any service of Subjex Corporation, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From time to time, Forecast Market Software (FMS) Center for Technical Analysis Stock Trading or/and Subjex Corporation, (collectively herein known as "Company") may modify these terms and conditions without notice or warning. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site and or any service of the Company. Your use of the site, or any service of the company offered on any of its websites will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may discontinue the use of the websites of Company. Any terms and conditions proposed by you in writing or otherwise which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Company and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of us ("TOU") for www.subjex.com, www.forecastmarketsoftware.com, www.toiwi.com, or any other site that Subjex Corporation deploys that you may visit or use. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOU, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property. This Web site and all others owned by Subjex corporation, including but not limited to text, content, emails, photographs, video, audio, graphics and forecasts (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOU. You agree to use the Service solely for your own noncommercial use and benefit, and NOT for resale or other transfer or PUBLIC POSTING of or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of the Company. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Company and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Company and such others. You agree to protect the proprietary rights of Company and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Company or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT COMPANY'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF COMPANY'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT MODIFY OR IMPROVE A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN OR ANY OF COMPANY'S TRADEMARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH IN THE SERVICE, INCLUDING LINKING AND FRAMING OF COMPANY WEBSITES.
5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOU. Should you choose to download or copy content from the Service, you must do so in accordance with the TOU. Such download or copy is licensed to you by Company ONLY for your own personal, noncommercial use in accordance with the TOU and does not transfer any other rights to you.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Company, at all times be and remain the sole and exclusive property of Company. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Company for its exclusive use. Except as specifically permitted by the TOU, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Company's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Company's prior written approval.
7. Fees and Payments. Company reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Company requires a fee for portions of the Service or the Service as a whole, Company will require you to register and create an account for future access. In no event will you be charged for access to portions of the Service or to the Service unless Company obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Company or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.
8. Refunds. No refunds will be paid for any Service at any time for any reason, ever. If however the Company chooses to refund fees paid, this does not change the Company right not to refund in the future for any future reason what-so-ever.
9. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will either select or be assigned a subscriber identification ID and a password. You will provide Company with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that Company, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Company in writing of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are solely responsible for all usage or activity on your Company account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account without recourse, in Company's sole discretion, and Company may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending a request in writing to Company. Upon receipt of a written request, your account will be terminated within five (10) business days. You are responsible for all charges incurred up to the time the account is terminated.
10. Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Content") are provided "AS IS" and that Company makes no warranty of any kind, express or implied, as to the Content, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Company does not warrant that the Service is compatible with your equipment or that the Service is free of errors, mistakes, bad data or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Company, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Company, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits or principal, losses, punitive, incidental or consequential damages or any claim against Company. by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by any reason what-so-ever. Company is not responsible for the availability, content or accuracy of other service provider's service or lack of service if this affects our Service to you. Company does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Company is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Company and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOU.
11. Further Disclaimer and Limitation of Liability. You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading securities purposes, (ii) the Service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources not under the control of the Company, (iii) Company does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Company is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Company, its officers and employees, members, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising there from or occasioned thereby, or by any reason of nonperformance.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR CONTENT ON THE SERVICE OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFIT, PRINCIPAL OR ANTICIPATED PROFITS OR PRINCIPAL OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Company's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
13. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOU.
14. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Company and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Company, its employees, representatives, Suppliers, finders and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Company, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOU by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
15. Termination. Either you or Company may terminate the TOU with or without cause at any time and this termination will be effective immediately. You may terminate the TOU by discontinuing use of the Service and destroying all materials obtained from the Service. Your right to use the Service will terminate immediately without notice from Company if you, in Company's sole discretion, fail to comply with any provision of the TOU. Upon termination by you or upon notice of termination by Company, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through thirteen (2-13) and fifteen through twenty (15-20) shall survive any termination of the TOU.
16. Governing Law. These TOU shall be governed and construed in accordance with the laws of the United States and the State of Minnesota, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Hennepin County in the State of Minnesota with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOU.
17. Access Outside the United States. Company does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software from the Service is further subject to United States export controls and may not be downloaded, exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.
18. Miscellaneous. You accept that Company has the right to change the content or technical specifications of any aspect of the Service at any time at Company's sole discretion. You further accept that such changes may result in your being unable to access the Service.
19. Headings. The section titles in the TOU are used solely for the convenience of you and Company and have no legal or contractual significance.
20. Severability. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOU will remain in force.
21. Entire Agreement. The TOU and any other terms and conditions of service on any of Company.'s websites, and its successor, constitute the entire agreement between you and Company and govern your use of the Service.
22. Contact Information: Written correspondence should be sent to the following address:
Company
3240 Aldrich Avenue South Suite 301
Minneapolis, Minnesota, 55408
United States of America
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