|
1. Agreement
These Terms and Conditions (the “Website Terms and Conditions”) govern your use of the Website, your receipt of any services and information through the Website, and your use of any demonstration versions of EOD Traders, LLC (“EOD”) services available through the Website (collectively, the “Services”). The Services are provided by EOD, and these Website Terms and Conditions constitute an agreement between you and EOD. Other services available from EOD or third parties through this Website may be governed by separate agreements. In the event of any conflict between these Website Terms and Conditions and/or our Privacy Policy and any separate agreement you have executed or otherwise entered into with EOD regarding subscription services available through this Website, the terms of such separate agreement shall control.
Please read these Website Terms and Conditions carefully; they impose legal obligations on you. By accessing our Website or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree to be legally bound by them.
In addition, if you register as a user (a “Subscriber”) of any of the features of our Website or Services offered through our Website, during the registration process (and from time to time as EOD may require) you may be prompted to click an “I Accept,” “Submit” or similar button, which further confirms your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that may apply to the particular Service.
2. WARNING! One 30 day Free Trial per Household
One subscriber 30 day free trial per household is allowed.
Upon re-subscribing a second time, the returning subscribers credit card will be billed immediately.
3. Conditions on Participation
You may use the Services only if: (i) you are eighteen (18) years of age or older or are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction, including, but not limited to, United States export controls; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of these Website Terms and Conditions.
4. Purpose of Services
The Services are made available solely as a convenience to you for general informational purposes.
5. Disclaimer regarding Content
EOD cannot and does not guarantee that the information in the Services is accurate, reliable, current, complete or appropriate for your needs. Certain information accessible through the Services may be provided by users of the Services or by parties with whom EOD has no relationship. Other information that EOD obtains from third parties, such as the New York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones (collectively, the “Data Providers”), is obtained from sources believed to be reliable. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness, results obtained from use or correct sequencing of the information in the Services is not and cannot be guaranteed by EOD or by any persons creating or transmitting such information.
6. Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the Website, and information made available in the Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of EOD, its affiliates or Data Providers, or used under principles of “fair use.” Certain materials may be made available for download from this Website. Subject to these Website Terms and Conditions, EOD grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to EOD, at law or in equity, the permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF EOD AND/OR THE RELEVANT DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF EOD AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY EOD TO PROTECT THE RESPECTIVE RIGHTS OF EOD, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
7. Our Data Providers' Requirements
These Website Terms and Conditions are subject to any requirements of EOD’s Data Providers under EOD’s agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.
8. Disclaimer regarding Links and Other Third Party Content
From time to time, the Services may provide you with the ability to access certain content from third parties, through links to the websites of such other parties or through content that other parties, themselves, post on the Website. When you access such third party content, YOU PROCEED AT YOUR OWN RISK. EOD does not guarantee that it will screen such content or that such content will be accurate, free from errors, consistent with what it purports to be appropriate to fit your needs. You agree that EOD shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Website. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.
If EOD permits users of the Services to post content to the Website, EOD reserves the right to screen such content but does not guarantee that it will do so. All decisions on whether or not to retain, disseminate or remove content posted by users shall be made by EOD in its sole discretion. Users are prohibited from using the Services to violate any laws or to violate the rights of EOD or of any third parties, all as further provided in our Subscriber Code of Conduct, below.
9. Subscriber Code of Conduct
When you register as a Subscriber at our Website, you gain access to a range of Services, including the ability to participate in our chat room, exchange instant messages, post messages to bulletin boards, and share files. The following Subscriber Code of Conduct governs your use of these areas and any other interactive areas on our Website:
I agree that I will not upload to, post at, or transmit through the Website:
(a) any materials that restrict or inhibit any other user from using and enjoying the Website;
(b) any materials that are unlawful, threatening, abusive, defamatory, obscene, offensive, pornographic, profane, or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law or regulation;
(c) any materials that violate or infringe the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; or rights under securities or other applicable law; or
(d) any materials that contain a virus or other harmful or illegal component.
I further agree that I will not:
(a) alter, damage or delete any materials appearing on the Website;
(b) disrupt the normal flow of communication on the Website, such as through “spam” email or by other means;
(c) claim a relationship with or speak for any business, organization, or person for which I am not authorized to claim such a relationship; or
(d) violate any operating rule, policy or guideline of my Internet access provider or online service.
We reserve the right to prohibit or restrict conduct within an Interactive Area, and reserve the right to edit, refuse to post, or to remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code of Conduct, or is otherwise objectionable.
10. Shared Files; Information You Download
EOD cannot and does not guarantee or warrant that information available for downloading through the EOD Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to EOD for the reconstruction of any lost information.
11. Materials You Post; Your License to Other Users
By posting or transmitting, inputting or uploading information or content (“Content”) to the Website, you warrant that such Content does not infringe the rights of third parties. In addition, you automatically grant EOD, EOD users, and EOD Subscribers under your intellectual property rights, a royalty-free, perpetual, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, perform, and otherwise exploit such Content, without compensation to you.
12. Complaints over Perceived Infringement
EOD respects intellectual property rights. We will use efforts that are commercially reasonable in light of available resources to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works.
If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.
(a) EOD's Designated Agent: If you believe materials posted on our Website infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our “Designated Agent”):
Email: info@EODtraders.com
(b) Content of Notice: You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work which you believe is being infringed;
(iii) Identify the material on our Website which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number and, if available, an e-mail address.
To qualify for protection under this Section, you must believe in good faith that the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.
(c) Our Response; Upon receipt of a proper notice in the form specified above (a “Notice”), we will remove or disable access to the materials on our Website which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the “Respondent”) that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a “counter-notification.” Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.
13. Disclaimer Regarding Investment Decisions and Trading
Decisions to buy, sell, hold or trade in securities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.
14. No Advice or Solicitation
The Services are for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation or sponsorship of any company or security by EOD, its affiliates, officers, directors, employees or agents. You acknowledge and agree that neither the Website nor any of the Services is intended to supply investment or financial advice. EOD offers no advice regarding the nature, potential value, or suitability or any particular security, transaction, investment or investment strategy. You acknowledge and agree that the use of the Website and Services, and any decisions made in reliance upon the Website and Services, are made at your own risk.
15. Product Demonstrations
All product demonstrations (“demos”) may only be used during the time periods specified for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.
16. Access and Security
You accept responsibility for the confidentiality and use of any access codes, account numbers and customer codes numbers that you may receive for your access to and use of the Services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to notify EOD immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.
17. Disclaimer of Warranties and Limitation of Liability
You agree that neither EOD, its affiliates, officers, directors, employees, agents or representatives, nor the Data Providers, nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for the truthfulness, accuracy or timeliness of the Services or the truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Services, or for any decision made or action taken by you in reliance upon such information or the Services, or for interruption or delay of any data, information or any other aspect of the Services.
THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE SERVICES OR INFORMATION MADE AVAILABLE VIA THE SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL EOD OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF EOD OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WEBSITE.
By way of example, and not by way of limitation, neither EOD nor the Data Providers shall be liable for any loss resulting from a cause over which such entities do not have direct control, including but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
18. Indemnification
You agree to indemnify and hold harmless EOD, its affiliates, officers, directors, employees, agents and representatives and the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, losses, liability, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to your use of the Services or the information made available through the Services, and/or your violation of these Website Terms and Conditions or any third party’s rights, including, but not limited to, copyright, proprietary and privacy rights.
19. Modification and Termination of Website; Modification of Website Terms of Conditions
Notwithstanding any provision in these Website Terms and Conditions, EOD reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) this Website, (ii) any particular Services made available via this Website, or (iii) these Website Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as changed.
20. Data Providers Enforcement Right
Data Providers may enforce these Website Terms and Conditions against you by legal proceedings or other appropriate means
21. Force Majeure
In addition to applicable disclaimers, stated above, EOD’s performance under these Website Terms and Conditions and the Services shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.
22. Entire Agreement
These Website Terms and Conditions and our Privacy Policy relate only to this Website, embody the entire understanding between the parties with respect to this Website and supersede any and all prior representations and agreements, if any, oral or written, with respect to this Website. In the event of any conflict between these Website Terms and Conditions and/or Privacy Policy and any separate agreement you have executed or otherwise entered into regarding subscription services available through this Website, the terms of such separate agreement shall control.
23. Severability
Should any provision of these Website Terms and Conditions or any provision of our Privacy Policy be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of these Website Terms and Conditions or of the Privacy Policy shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
24. Choice of Law; Choice of Forum
These Website Terms and Conditions and our Privacy Policy shall be interpreted in accordance with the laws of the State of Illinois, U.S.A. In any action arising under these Website Terms and Conditions or our Privacy Policy, you consent to the jurisdiction and venue of the courts of the State of Illinois.
EOD makes no representation that the Services or the Website is appropriate or available for use in locations outside the United States, and access to this Website from locations where the provision of such information or Services may be illegal is prohibited. Users who determine to access this Website from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
25. Assignment
These Website Terms and Conditions shall not be assignable by you, either in whole or in part. EOD reserves the right to assign its rights and obligations under these Website Terms and Conditions.
26. Survival
Sections 1 (Agreement), 4 (Disclaimer Regarding Content), 5 (Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data), 7 (Disclaimer Regarding Links and other Third Party Content), 9 (Shared Files; Information You Download), 11 (Materials You Post; Your License to Other Users), 12 (Disclaimer Regarding Investment Decisions and Trading), 13 (No Advice or Solicitation), 14 (Product Demonstrations), 15 (Access and Security), 16 (Disclaimer of Warranties and Limitation of Liability), 17 (Indemnification), 19 (Data Providers Enforcement Right), 21 (Entire Agreement), 22 (Severability), 23 (Choice of Law; Waiver of Laws; Choice of Forum), 24 (Assignment) and this Section 25 (Survival) of these Website Terms and Conditions shall survive the termination of these Website Terms and Conditions and shall apply indefinitely.
27. Your Consent
By using our Website, you agree to comply with, and be bound by these Website Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to visit our Website.
|