Terms of Use

Last modified on May 13, 2010
IMPORTANT: PLEASE READ THIS INFORMATION CAREFULLY. YOUR ACCESSING AND/OR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.
Table of Contents
  1. ACCEPTANCE OF TERMS
  2. DESCRIPTION OF SERVICE, STATEMENTS OF INTENTIONS AND UNDERSTANDING
  3. USER’S REGISTRATION OBLIGATIONS
  4. SUBSCRIPTION PERIOD
  5. TRIAL PERIOD
    Important information about the number of trials available to you.
  6. PAYMENT TERMS
    Important information about our rebilling and no refund policies.
  7. CANCELLATION
  8. NON-EXCLUSIVITY
  9. PRIVACY POLICY
  10. COVENANTS, PROMISES, REPRESENTATIONS, STIPULATIONS AND WAIVERS BY USER
    Important information for Competitors, Brokers, CTAs, and those trading on behalf of any other person or entity
  11. COVENANTS AND PROMISES BY PageTrader
  12. LINKS
  13. INDEMNITY
  14. MODIFICATIONS TO SERVICE
  15. DISCLAIMER OF WARRANTIES
  16. LIMITATION OF LIABILITY
  17. GOVERNING LAW AND ELECTION OF VENUE
  18. MISCELLANEOUS
  1. ACCEPTANCE OF TERMS.
    1. PageTrader, Ltd. ("PageTrader") welcomes you ("User"). PageTrader provides its subscription-based service to you subject to the following Terms of Use ("Agreement"), which may be updated by PageTrader from time to time without notice to you. You can review the most current version of the Agreement at any time at: http://www.PageTrader.com/termsofuse.cfm
    2. IMPORTANT: By utilizing, receiving, or otherwise using any part of PageTrader's services, including, without limitation, subscribing to any subscription-based service (including any and all free trials offered by PageTrader), and/or viewing any part of PageTrader's website or other publications or materials, now or at any time in the future, you are hereby accepting and unequivocally and irrevocably agreeing to be bound by this Agreement, as may be amended from time to time, and each and every term, condition, and/or provision thereof.
    3. In addition, when using particular PageTrader owned or operated services, you shall be subject to all guidelines and/or rules which may be propounded by PageTrader with regard to such services, which may be posted and/or amended from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement and made a part hereof. PageTrader may, in its sole discretion, also offer other services that are governed by different Terms of Service.
  2. DESCRIPTION OF SERVICE, STATEMENTS OF INTENTIONS AND UNDERSTANDING.
    1. PageTrader is not a brokerage, financial planner, or investment advisor, and is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever. PageTrader does not conduct or supervise market trading of any nature. PageTrader is not aware of the financial condition, goals, desires or plans of any person, including without limitation User or any other subscriber, user or viewer of its services, website, publications, or any part thereof, and none of the information provided by PageTrader is intended to reflect such awareness by PageTrader or anyone acting on its behalf as to any person or entity whatsoever, all of which is expressly disclaimed.
    2. PageTrader is a premium subscription-based service that provides to subscription users and trial users an expanded suite of online tools, services and written materials that include, generally, buy and sell trading signals, recommendations, forecasts, opinions ("Information") for financial markets using, among other things, PageTrader's proprietary methods of technical analysis (referred to generally, collectively and inclusively in this Agreement as the "Services"). PageTrader does not purport to offer, disclose or divulge, nor shall PageTrader at any time or under any circumstances be deemed required or obligated by this Agreement or otherwise to reveal, in whole or in part, any of the methods and/or systems upon which any of its signals, recommendations, forecasts, opinions, Information, or any other part, element or component of its Services, are based, and User hereby knowingly, intelligently, voluntarily, and forever waives all claims, requests or assertions that such methods, systems and/or information, or any part thereof, be revealed and/or otherwise disclosed. Moreover, PageTrader does not purport to convey, sell, transfer, or offer any advice of any nature regarding any matter whatsoever, including without limitation, financial and/or investment advice.
    3. Notwithstanding any other provision of this Agreement, Use hereby acknowledges, understands and agrees that PageTrader's Services as defined herein are intended, and are unequivocally accepted by User, for entertainment purposes only, and as a material condition upon which User is granted access to any part of PageTrader's Services or website, User knowingly, intelligently, and voluntarily forever waives any claims or assertions, however, made or expressed, to the contrary. User further unequivocally acknowledges, understands and agrees that no employee or agent of PageTrader has the power or authority to make any representation to the contrary on behalf of PageTrader.
    4. It is the sole and exclusive responsibility of each individual User who uses or receives any part of PageTrader's Services or Information whether, how (if at all, and subject to the restrictions set forth in this Agreement and any applicable laws, statutes, regulations, ordinances, and/or rules), and to what extent to use, act upon, or refrain from acting upon, in any manner, such Services and/or Information. User expressly unequivocally, and irrevocably acknowledges, understands and agrees that PageTrader does not intend for the provision of any of its Services or Information to constitute investment or financial advice of any nature, nor to constitute a representation or even a mere suggestion that any User or any other person or entity would or might profit, financially or otherwise, from using and/or acting upon PageTrader's Services or Information in any way or manner whatsoever, nor to constitute even a mere suggestion that any User or any other person or entity should or should not do anything or refrain from doing anything of any nature whatsoever, including without limitation based on PageTrader's Services or Information, or any part thereof. User expressly, unequivocally, and irrevocably agrees that User does not and will not receive, use, view, or otherwise avail himself/herself or any other person of any of PageTrader's Services or Information, or any part thereof, as constituting investment or financial advice of any nature, or as a suggestion that any User or any other person or entity would or might profit, financially or otherwise, from using and/or acting upon PageTrader's Services or Information in any way or manner whatsoever, or as a suggestion that any User or any other person or entity should or should not do anything or refrain from doing anything of any nature whatsoever, and User hereby knowingly, intelligently, voluntarily, and forever waives all claims and assertions to the contrary. In fact, PageTrader strongly suggests that User and all other persons or entities that may become privy in any manner to PageTrader's Services or Information, or any part thereof, refrain from attempting to use such Services and/or Information provided in connection therewith for any purpose whatsoever.
    5. Further, PageTrader makes no express or implied representations, warranties or guarantees of any nature whatsoever concerning its Services, including but not limited to that such Services will perform in accordance with any expectations of any User or any express or implied representations of any person, or are fit for any particular purpose or for any purpose at all, and User expressly, unequivocally, irrevocably and forever waives any and all such express or implied representations, warranties and guarantees, regardless of when or by whom they were made. All Users and/or any other person or entity who may become privy to PageTrader's Services are expressly warned and cautioned against making any assumptions or presumptions, or drawing any conclusions whatsoever concerning such Services and/or Information, or any materials provided in connection therewith, including but not limited to that such Services and/or Information represent the use or application of logic, the use or application of any scientific methods or principles (generally accepted or otherwise), the use or application of any mathematical methods or principles, or are otherwise financially sound, logical, or supported by any scientific, mathematical, business and/or financial principles whatsoever.
    6. If any User or any other person or entity who may become privy to PageTrader's Services and/or Information takes any actions or make any decisions based upon the disclosure of such Services and/or Information, it is against the express warning and cautions of PageTrader.
    7. If User seeks, desires or requires investment advice, User should seek the advice of a qualified investment advisor, and not rely on PageTrader's Services and/or Information or upon any express or implied representation of PageTrader or any person acting on its behalf.
    8. If User seeks, desires or requires financial planning, User should seek the advice of a qualified financial planner, and not rely on PageTrader's Services and/or Information or upon any express or implied representation of PageTrader or any person acting on its behalf.
    9. If User seeks, desires or requires brokerage services, User should seek the advice and service of a qualified and licensed broker, and not rely on PageTrader's Services and/or Information or upon any express or implied representation of PageTrader or any person acting on its behalf.
    10. This Section 2 is intended, without limitation, to constitute evidence of the respective intentions of the parties and User's understanding thereof. However, it is not an all-inclusive description of such intentions and understanding.
  3. USER’S REGISTRATION OBLIGATIONS.
    1. In consideration of User's receipt and/or use of PageTrader's Services and/or Information, User expressly represents that User is a natural person of legal age and with the legal capacity to form a binding contract, and is not otherwise barred from receiving PageTrader's Services and/or Information under the laws of the United States or other applicable jurisdictions. User agrees to: (a) provide only true, accurate, current and complete information about User as required by PageTrader's Subscription Registration Form or Trial Registration Form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If User provides any information that is untrue, inaccurate, not current or incomplete, or PageTrader has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PageTrader has the right to suspend and/or terminate User's account and bar any and all current or future use of or access to PageTrader's Services and/or Information (or any portion thereof) by User or anyone acting on User's behalf. Failure to comply in all respects with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of User's account and/or other actions and/or remedies as provided in this Agreement.
    2. User may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person's written authorization provided to PageTrader; (iii) use a User ID that PageTrader, in its sole discretion, deems offensive, or (iv) attempt in any manner to conceal User's true identity or to otherwise portray User as another person and/or entity. Failure to comply in all respects with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of User's account and/or other actions and/or remedies as provided in this Agreement. User shall be responsible for maintaining the confidentiality of User's password.
    3. User shall promptly notify PageTrader at (702)485-3934 of any known or suspected unauthorized use(s) of User's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of User's password, and User expressly, unequivocally, and irrevocably agrees that PageTrader is not and shall not be responsible in any manner for any losses or damages of any nature sustained by User by reason thereof.
    4. User is solely responsible for all usage or activity on User's PageTrader account, including use of the Services by any third party authorized by User (with PageTrader's express written consent as provided herein) to use User's User ID and password. Any conduct or activity by User or anyone acting on User's behalf or with User's express or implied authorization, permission, or consent which is illegal or prohibited under any applicable law, statute, regulation, ordinance, or rule of the United States or any states or territories thereof, or which is fraudulent or deceitful, or which constitutes a breach of this Agreement, shall, at PageTrader's sole discretion, constitute grounds for termination of User's account, and in addition to all of PageTrader's other rights and remedies hereunder, PageTrader may, as appropriate, refer the offending conduct to law enforcement and/or other governmental agencies.
  4. SUBSCRIPTION PERIOD.
    1. User will only be entitled to receive PageTrader's Services and/or Information during the period between the beginning and ending date ("Subscription Period") specified in User's Subscription Registration Form or (for paid trials) User's Trial Registration Form. Subscriptions will automatically renew based on the date cycle interval applicable to User's account (i.e., monthly, quarterly, semi-annually, or annually), until cancelled by User or PageTrader as provided herein. During the Subscription Period, User will be entitled to access only the Services and Information specified in the Subscription Registration Form ("Subscription Allotment"). User may not carry over to a subsequent Subscription Period any unused portion of User's Subscription Allotment. Each Subscription Allotment will expire at the end of its associated Subscription Period.
  5. TRIAL PERIOD.
    1. Trial Periods may be either free or paid, as further described herein. If subscribing as a Trial Customer, User will be entitled to receive PageTrader's designated Services and/or Information only during the period between the beginning and ending date ("Trial Period") specified in User's Trial Registration Form. Trial Periods will not be automatically renewed, and User may not subscribe for more than one free trial and one paid trial per six months without the express written permission of PageTrader. During the Trial Period, User will be entitled to access only the Services and/or Information specified in User's Trial Registration Form ("Trial Allotment"). User may not carry over to any subsequent Trial Period (should the same be permitted by PageTrader) any unused portion of any previous Trial Allotment, unless specifically authorized in writing by PageTrader. Each Trial Allotment will expire at the end of the associated Trial Period.
    2. User, as material consideration for PageTrader permitting User to subscribe for a free trial or a paid trial of PageTrader's S&P Messenger PRO Service, and as a material inducement therefore made with the intention that PageTrader rely thereon, expressly and unequivocally represents and warrants that no person other than User who resides at User's home, or who is employed and/or provides services at User's place of work or business, or who shares a computer system or network with User, or who is a member of any trading group or organization of which User is a member or affiliate, has subscribed for or received a free trial or a paid trial of PageTrader's S&P Messenger PRO Service within six months of the date of User's subscription therefore.
    3. User expressly, unequivocally and irrevocably understands and agrees that:
      1. Trials of PageTrader's S&P Messenger Standard Service, whether free or paid, are given at the sole discretion of PageTrader. PageTrader reserves the right to deny a trial of its S&P Messenger Standard Service to any individual or entity for any reason, at its sole discretion.
      2. Trials of PageTrader's Soybean Messenger Service, whether free or paid, are given at the sole discretion of PageTrader. PageTrader reserves the right to deny a trial of its Soybean Messenger Service to any individual or entity for any reason, at its sole discretion.
      3. Free trials of PageTrader's Russell E-mini Sup / Res Service are given at the sole discretion of PageTrader. PageTrader reserves the right to deny a trial of its Russell E-mini Sup / Res Service to any individual or entity for any reason, at its sole discretion.
      4. Subject to PageTrader's right, in its sole discretion, to refuse to allow User to do so, User may take an unlimited number of paid trials of PageTrader's Russell E-mini Sup / Res Service. PageTrader reserves the right to deny a trial of Russell E-mini Sup / Res product to any individual or entity for any reason, at its sole discretion.
      5. User understands and agrees that PageTrader will grant not more than one free trial and one paid trial to User per six months for its S&P Messenger PRO Service, and that if any person other than User who resides at User's home, or who is employed and/or provides services at User's place of work or business, or who shares a computer system or network with User, or who is a member of any trading group or organization of which User is a member or affiliate, has subscribed for or received a free trial or a paid trial of PageTrader's S&P Messenger PRO Service within six months of the date of User's subscription therefore, then User is barred and prohibited for the remainder of such six month period from subscribing for either a free trial or a paid trial of PageTrader's S&P Messenger PRO Service. In the event User nonetheless attempts to register for an additional trial, free or paid, of PageTrader's S&P Messenger PRO Service within said period, User's account will be terminated. Notwithstanding that doing so would constitute an express breach of this Agreement, in the event that User shares with or reveals to any person or entity any part of PageTrader's Services during User's Trial Period, each such other person and/or entity shall be conclusively deemed to have used and/or received his/her free trial of PageTrader's S&P Messenger PRO Service for the applicable period concurrently with User, and will be thereafter barred from subscribing for further trials of PageTrader's S&P Messenger PRO Service without the express permission of PageTrader, which may withhold in PageTrader's sole discretion.
      6. User understands that all free trials may be denied and/or terminated at PageTrader's sole discretion.
      7. As to all paid trials, User expressly understands, acknowledges, and agrees that all sales are final, that all fees are non-refundable, and that all rights to such trials are non-transferable.
  6. PAYMENT TERMS.
    1. A valid credit card is the only acceptable form of payment. PageTrader's fees are payable in United States dollars (including, if any, all applicable taxes). User expressly understands all sales for all Services and/or Information are final and all fees are non-refundable and non-transferable. In the event that, at the time a charge for fees is made by PageTrader, User's credit card is no longer valid or PageTrader's charge is not honored for any reason, PageTrader will attempt to make a single charge for all fees then due against the User's credit card every ten days. Upon the ninth and final failed attempt to do so, unless User provides a new and valid credit card, PageTrader will terminate User's account immediately.
    2. A.User expressly understands and agrees that:
      1. For subscriptions to PageTrader's Services, User agrees to pay PageTrader the fee(s) ("Subscription Fee") specified in the User's Subscription Registration Form(s) during the Subscription Period(s). The Subscription Fee is payable in advance for the Subscription Period. User authorizes PageTrader to submit a scheduled recurring charge against User's credit card for each of User's Subscription Fees until the User cancels PageTrader's Services. PageTrader may change its fees for its Services from time to time upon not less than thirty (30) days notice to User, and unless User cancels his/her account as provided herein within such period, User shall be deemed to have accepted such revised fee(s) and PageTrader is authorized to charge the changed amount(s) to User's credit card for the next and subsequent billing periods.
      2. For paid trials, User agrees to pay PageTrader the fee ("Trial Fee") then applicable for the Trial Period as specified in User's Trial Registration Form. The Trial Fee is payable in advance for the Trial Period.
  7. CANCELLATION.
    1. By User. User's account may be canceled by User by contacting PageTrader at (702)485-3934 at any time and for any reason. User understands and agrees, that User, and no other party, must personally speak with a PageTrader representative to cancel PageTrader's Service, and PageTrader agrees to make its personnel available for this purpose on a weekly basis, Monday through Friday, excluding holidays, between the hours of 6:30 a.m. and 1:15 p.m., Pacific Standard Time. Furthermore, User agrees and understands that no emails, faxes, voice mails or written notices will constitute a valid means of cancellation of PageTrader's Service. In the event that User terminates such Service, such cancellation shall be effective at the end of the then-current Subscription Period during which such notice of cancellation as described above is received by PageTrader. Regardless of when notice of cancellation is received, User shall not be entitled to a refund of any portion of User's aforesaid Subscription Fee(s) for the Subscription Period(s) then in effect.
    2. By PageTrader. PageTrader may, in its sole discretion, cancel User's account at any time and for any reason, including without limitation User's breach of this Agreement or violation of any applicable laws, statutes, regulations, ordinances, and/or rules. Such termination shall be effective immediately upon the dispatch of written, fax, or electronic notice of such termination to User. In the event that PageTrader terminates User's account , and termination does not result from User's breach of this Agreement or violation of any applicable laws, statutes, regulations, ordinances, and/or rules, PageTrader shall refund to User on a pro rata basis such portion of User's then-current Subscription Fee(s) as remains unused at the time of such termination.
    3. User's right to use and/or utilize in any manner PageTrader's Services and/or Information shall terminate and expire immediately upon termination of User's Account, whether terminated by User or PageTrader.
  8. NON-EXCLUSIVITY.
    1. This Agreement is non-exclusive, and PageTrader may provide its Services and Information to any other Users, or to any other persons or entities, at its sole discretion.
  9. PRIVACY POLICY.
    1. Registration Data and certain other information about the User is subject to PageTrader's Privacy Policy. For more information, see our full privacy policy at http://www.PageTrader.com/privacy.cfm.
  10. COVENANTS, PROMISES, REPRESENTATIONS, STIPULATIONS AND WAIVERS BY USER.
    1. In material consideration of the provision and/or disclosure of PageTrader's Services and Information to User by PageTrader, User expressly, unequivocally, irrevocably, and with the express intention that PageTrader rely materially thereon in agreeing to provide its Services and/or Information to User, makes the following Covenants, Promises, Representations, Recitals, Stipulations and Waivers:
      1. As a material condition of this Agreement, made with the express intention by User that PageTrader rely thereon in determining to grant User access to its Services and Information as described herein, User expressly represents that User is a natural person who is acting solely and exclusively for himself/herself in entering into this Agreement and not on behalf of any other person, organization, group, broker, or brokerage, and that, in entering into this Agreement and thereby gaining access to PageTrader's Services and Information as described herein, User does not do so for the purpose of competing in any manner with PageTrader or for the purpose of developing or operating a business to offer or provide services similar to the Services provided by PageTrader.
      2. No Resale or Redistribution of Services and/or Information; Unfair Competition. User unequivocally and irrevocably covenants, promises, stipulates, acknowledges and agrees that he/she will not reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes, including without limitation commercial purposes, any portion of PageTrader's Services or Information, or any result, product, data or information of any nature derived from PageTrader's Services or Information, or the use thereof, including without limitation access to said Services and/or Information, and will not disclose, reveal, re-broadcast, distribute, give or otherwise impart any part or portion of the Services or Information to any person or entity whatsoever, including, but not limited to, User's family, friends, colleagues, associates, employers, employees, trading groups or associations, or brokers. User unequivocally and irrevocably covenants, promises, stipulates, acknowledges and agrees that none of the rights granted User pursuant to this Agreement, including but not limited to the right to utilize and/or receive PageTrader's Services and/or Information, may be assigned by User, or anyone acting on User's behalf, to any person or entity. Unless User's Account is earlier terminated by PageTrader or User as provided in this Agreement, all rights granted to User pursuant to this Agreement, including but not limited to the right to utilize and/or receive PageTrader's Services and/or Information for any purpose, shall terminate on the death or incompetence of User.
      3. User expressly, unequivocally and irrevocably agrees not to undertake or engage in any activity or enterprise at any time or under any circumstances which in any way uses, utilizes, or refers to PageTrader's name, or the content, images, graphics, appearance, likeness, and/or functionality of PageTrader's website or any part thereof, or any Information created, generated, and/or distributed by PageTrader as part of, or in connection with, its Services and/or Information, or to publish or disseminate in any manner any material of any nature which is deceptively similar in any manner or respect to any of PageTrader's Services and/or Information), or to otherwise engage in any conduct or activity which constitute unfair competition with PageTrader.
      4. User expressly, unequivocally, and irrevocably stipulates, acknowledges and agrees that he/she will do no act and take no action with regard to and/or involving PageTrader's Services and/or Information to be disclosed and/or provided pursuant to this Agreement, which is contrary to any laws, statutes, regulations, ordinances, and/or rules of the United States, nor of any State or Territory of the United States.
      5. So as to protect PageTrader and to provide PageTrader with all legal and equitable remedies to the maximum extent available in the event of a breach of this Section 10.A. of this Agreement by User, whether intentional, inadvertent, or otherwise, User acknowledges and agrees that PageTrader would be subject to substantial and irrevocable harm by reason thereof for which monetary relief alone would be inadequate, and therefore stipulates to the issuance in favor of PageTrader or its agent or assignee of a temporary restraining order, preliminary injunction, and permanent injunction against User and/or any person or entity acting on User's behalf, at User's instruction or with User's authority, by any court of competent jurisdiction, enjoining all conduct in breach or in derogation of this term of this Agreement. User stipulates that such injunctive relief may be obtained, at the election of PageTrader (or its agent or assignee) by ex parte application, without notice to User, and in this regard, User expressly waives to the maximum extent possible all Federal, State and Local rules or regulations requiring such notice. It is unconditionally and irrevocably agreed this paragraph shall survive termination of this Agreement.
    2. Notwithstanding any other provision of this Agreement, and without limiting in any way any rights, claims or bases for relief of any nature, or remedies on the part of PageTrader, User expressly, unequivocally and irrevocably understands and agrees that should it be determined that User has, without the express prior written authorization of PageTrader describing with specificity the precise extent of additional use and/or disclosure to others of any part of PageTrader's Services and/or Information, if any, which is authorized, (1) disclosed and/or revealed any part of PageTrader's Services and Information to any other person or entity; (2) traded for the account(s) of any person(s) or entity(ies) other than User, or otherwise revealed, shared, gave or transferred in any manner to any person(s) or entity(ies) other than User, any of the benefits, results and/or products of User's use of and/or access to PageTrader's Services and/or Information; (3) misrepresented, or failed to accurately represent, to PageTrader at the time of User's initial subscription for PageTrader's Services that User intended to disclose, reveal and/or impart any part, component, result and/or product of PageTrader's Services and Information, or User's use thereof, to any other person or entity, or intended to trade for the account(s) of any person(s) or entity(ies) other than User, or intended to use or access PageTrader's Services and Information in any manner other than for User alone and for no other person and/or entity (collectively referred to as "Additional Uses"); (4) misrepresented, or failed to accurately and regularly disclose in advance and on an ongoing and continuous basis to PageTrader at all times subsequent to User's initial subscription for PageTrader's Services, that User intended to engage in Additional Uses of PageTrader's Services and Information, or (5) actually engaged in an Additional Uses of PageTrader's Services and/or Information, then User shall be responsible to pay PageTrader at PageTrader's then-current monthly rate for the Services and Information provided to User pursuant to User's Subscription Registration Form (or Trial Registration Form) for each such person and/or entity from and after the first month during which User has engaged in Additional Uses of PageTrader's Services and Information and continuing through the then-current month. Payment by User for all such Additional Uses of PageTrader's Services and/or Information shall be due immediately upon demand therefore by PageTrader, and User hereby expressly authorizes PageTrader to make a charge for all fees due PageTrader for such Additional Uses of PageTrader's Services and/or Information on User's then-current credit card as described in Section 6 of this Agreement.
    3. User stipulates, acknowledges and agrees that none of the Information provided to User pursuant to this Agreement is, or under any circumstances will become, the property of User, or that such Information or any portion thereof may be assigned, disclosed or otherwise disseminated by User to any person or entity by any means whatsoever.
    4. User stipulates, acknowledges and agrees that all parts of the Information to be disclosed to User pursuant to this Agreement are conveyed to User "as is," and without warranties, representations or guarantees by PageTrader of any nature, including, but not limited to, warranty of merchantability or of fitness for a particular purpose.
    5. User represents, stipulates, acknowledges and agrees that User understands that PageTrader is not a brokerage, financial planner, or investment advisor, is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever, and does not conduct or supervise market trading of any nature.
    6. User represents, stipulates, acknowledges and agrees that User understands that this Agreement does not constitute an agreement by PageTrader or anyone acting on its behalf to provide, either generally or specifically, investment advice, financial advice, or advice of any nature whatsoever.
    7. User represents, stipulates, acknowledges and agrees that User has neither disclosed nor discussed with PageTrader or anyone acting on its behalf any aspect of the financial condition, goals, desires or plans of User or of any other person or entity, and that neither User nor PageTrader have done anything to make PageTrader or anyone acting on its behalf aware, even in a general manner, of the financial condition, goals, desires or plans of User or of any other person or entity.
  11. COVENANTS AND PROMISES BY PageTrader.
    1. Subject to the full and complete performance by User of all terms and conditions of this Agreement, and in consideration of the promises, covenants, representations, and waivers of User as set forth in this Agreement, each of which is expressly and irrevocably deemed and agreed to constitute a material term of and consideration for the performance of PageTrader as described herein, PageTrader covenants and promises that PageTrader shall provide to User, and to no other person or entity (except as specifically agreed upon in writing by PageTrader), PageTrader's Services and Information as are covered by User's then-current Subscription Registration Form or Trial Registration Form (for paid trials only).
  12. LINKS.
    1. PageTrader, or its third-party designees as PageTrader may in its discretion elect, may provide links to other World Wide Web sites or resources. Because PageTrader has no control over such sites and resources, the same are provided to User solely as an accommodation, and User expressly, unequivocally, and irrevocably acknowledges and agrees that PageTrader is not responsible for the availability of such external sites or resources, and that PageTrader does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. User further expressly, unequivocally, and irrevocably acknowledges and agrees that PageTrader is and shall not be responsible or otherwise liable in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with User's use of and/or reliance upon any such content, goods or services available on or through any such site or resource.
  13. INDEMNITY.
    1. User expressly, unequivocally, and irrevocably agrees to defend, indemnify and hold harmless PageTrader (and its agents, employees, officers, directors, or principals) from any and all claims of every nature whatsoever which may in any way be asserted and/or made against PageTrader, or any agent, employee, officer, director, or principal thereof, as a result of the actions of User, or any person or entity acting on User's behalf, at his/her instruction, with his/her ratification, and/or with his/her express and/or implied authority. Any person or entity to whom User has revealed the Services and/or Information, or any part, component, or result thereof, shall be conclusively deemed for purposes of this Agreement to be acting as User's agent and with User's express consent, authority and ratification. User's obligation of defense shall arise immediately upon demand therefore by PageTrader.
  14. MODIFICATIONS TO SERVICE.
    1. Nothing about this Agreement shall prohibit, limit, or restrict in any way the right of PageTrader to utilize and/or apply any presently existing or new technology which may become available so as to implement the development or provision of the Services provided hereunder by PageTrader, or any other services, which PageTrader may hereinafter elect to provide, and the implementation or non-implementation of such technology shall be within the sole discretion of PageTrader. PageTrader reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its Services and/or Information (or any part thereof) with or without notice. Except to the extent that PageTrader terminates User's account due to no fault or breach of this Agreement by User, (in which event User expressly, unequivocally and irrevocably agrees that User shall be entitled only to a refund on a pro rata basis of such portion of User's then-current Subscription Fee as remains unused at the time of such termination, and to no other compensation, damages, or relief of any nature), User expressly, unequivocally and irrevocably agrees that PageTrader shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service.
  15. DISCLAIMER OF WARRANTIES.
    USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY UNDERSTANDS AND AGREES AS FOLLOWS:
    1. USER'S USE OF PageTrader'S SERVICES AND/OR INFORMATION IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. PageTrader AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY WAIVES ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ACCEPTS PageTrader'S SERVICES AND/OR INFORMATION SUBJECT TO ALL DISCLAIMERS BY PageTrader CONTAINED IN THIS AGREEMENT.
    2. PageTrader AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET USER'S REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER'S EXPECTATIONS; AND (v) ANY ERRORS IN ANY SOFTWARE WILL BE CORRECTED TO USER'S SATISFACTION, OR AT ALL. USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY WAIVES ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ACCEPTS PageTrader'S SERVICES AND/OR INFORMATION SUBJECT TO ALL DISCLAIMERS BY PageTrader CONTAINED IN THIS AGREEMENT.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT USER'S OWN DISCRETION AND RISK, WHICH SUCH RISK IS EXPRESSLY, UNEQUIVOCALLY, IRREVOCABLY, KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY ASSUMED BY USER, AND USER IS AND SHALL REMAIN BE SOLELY RESPONSIBLE FOR ALL DAMAGES SUSTAINED, OR CLAIMED TO HAVE BEEN SUSTAINED, BY USER ARISING IN ANY MANNER FROM PageTrader'S SERVICES AND/OR INFORMATION (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH MATERIAL).
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PageTrader OR BY OR THROUGH ITS SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  16. LIMITATION OF LIABILITY.
    USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY UNDERSTANDS AND AGREES AS FOLLOWS:
    1. THAT PageTrader AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PageTrader HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE PageTrader'S SERVICES OR INFORMATION, OR ANY PART OR COMPONENT THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS RESULTING FROM THE FAILURE OF ANY PART OR COMPONENT OF PageTrader'S SERVICES AND/OR INFORMATION (INCLUDING WITHOUT LIMITATION THE CREATION, DEVELOPMENT, PRESENTATION AND/OR TRANSMISSION THEREOF); (C) ANY TRADES EXECUTED OR NOT EXECUTED, OR TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO, BY USER AS A RESULT, IN WHOLE OR IN PART, OF USER'S RELIANCE UPON PageTrader'S SERVICES AND/OR INFORMATION, OR ANY PART OR COMPONENT THEREOF; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER SUBSCRIBER OR USER OF PageTrader; AND/OR (F) ANY OTHER MATTER RELATING TO PageTrader'S SERVICES AND/OR INFORMATION OF ANY NATURE. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, USER EXPRESSLY, UNEQUIVOCALLY AND IRREVOCABLY AGREES THAT IN NO EVENT SHALL PageTrader BE DEEMED LIABLE FOR DAMAGES IN EXCESS OF THE SUBSCRIPTION FEES PAID BY USER DURING USER'S THEN-CURRENT SUBSCRIPTION PERIOD.
    2. PageTrader SHALL NOT BE LIABLE TO USER OR TO ANY OTHER PERSON OR ENTITY FOR ERRORS IN TRANSMISSION OF ITS SERVICES AND/OR INFORMATION, OR FOR USER'S NON-RECEIPT OF SUCH SERVICES AND/OR INFORMATION, OR ANY PART OR COMPONENT THEREOF, FOR ANY REASON WHATSOEVER. PageTrader DISCLAIMS ALL LIABILITY OF ANY NATURE TO USER, OTHER THAN A REFUND OF ANY UNUSED PORTION OF USER'S SUBSCRIPTION FEE, AS APPLICABLE AND TO THE LIMITED EXTENTAS DESCRIBED IN SECTION 7, "CANCELLATION," OF THIS AGREEMENT, AND USER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ACCEPTS SUCH DISCLAIMER AND WAIVER OF LIABILITY IN ALL RESPECTS. FURTHER, USER SHALL, AND HEREBY DOES, INDIVIDUALLY AND ON BEHALF OF USER, HIS OR HER DESCENDANTS, ANCESTORS, DEPENDENTS, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, SUCCESSORS, ATTORNEYS, AND BUSINESS ENTITIES AND THEIR OFFICERS, DIRECTORS, PRINCIPALS AND SHAREHOLDERS, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY FULLY RELEASE AND FOREVER DISCHARGE PageTrader, AND ITS OFFICERS, DIRECTORS, AGENTS, MEMBERS, PRINCIPALS, ADMINISTRATORS, ASSIGNS, SUCCESSORS, ATTORNEYS, EMPLOYEES, AND BUSINESS ENTITIES (AND THEIR OFFICERS, DIRECTORS, PRINCIPALS AND SHAREHOLDERS), FROM ANY AND ALL MANNER OF ACTION OR ACTIONS, CAUSE OR CAUSES OF ACTION IN LAW OR IN EQUITY OR OTHERWISE, SUITS, DEBTS, LIENS, CONTRACTS, AGREEMENTS, PROMISES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OF ANY NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, WHICH NOW EXIST OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH THIS AGREEMENT, OR THROUGH USER'S USE OR APPLICATION OF PageTrader'S SERVICES AND/OR INFORMATION OR OTHERWISE.
  17. GOVERNING LAW AND ELECTION OF VENUE.
    1. The parties each expressly, unequivocally and irrevocably agree that this Agreement is to be construed and interpreted according to the laws of the State of Nevada, without regard to principles of conflicts of laws, and that venue in all actions and/or proceedings arising out of or in any way related to this Agreement shall be exclusively within the County of Clark, State of Nevada.
  18. MISCELLANEOUS.
    1. No Presumption Against Draftsman. This Agreement is to be construed and interpreted without regard to the identity of the party drafting it.
    2. Severability. Without varying the parties' exclusive election of governing law as being that of the State of Nevada, if any of the provisions of this Agreement are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining provisions shall survive and continue to be binding and enforceable.
    3. Entire Agreement; Integration. All agreements, covenants, representations and warranties, express and implied, oral or written, of the parties to this Agreement concerning its subject matter are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party, nor relied upon by any party, concerning the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter of this Agreement are merged herein. This is an integrated Agreement.
    4. Waiver. No failure by PageTrader to assert, object to, or act upon any violation, breach or failure of performance of this Agreement by User shall constitute a waiver of any right whatsoever by PageTrader, either with respect to such breach or failure of performance, or to any subsequent breach or failure of performance.
    5. Agreement Binding Upon Agents. The parties understand and agree that the agreements, undertakings, acts and other things done or to be done by each party in this Agreement shall run and , inure to the benefit of, and be binding upon, their respective agents, attorneys, servants, employees, independent contractors, representatives, heirs, assigns and successors.
    6. No Reliance By User. User stipulates, acknowledges and agrees that he or she has relied solely upon his or her own judgment, belief and knowledge in entering into this Agreement. User further represents, stipulates, acknowledges and agrees that, in entering into this Agreement, he or she has not been influenced by any representations or statements concerning any matters made by PageTrader or any other person, and freely enters into this Agreement.
    7. Attorneys Fees and Costs. If any action at law or equity, including an action for declaratory or injunctive relief, is brought to enforce, interpret or construe the provisions of this Agreement or any agreements or instruments contemplated thereunder, the prevailing party shall be entitled to recover its actual attorneys' fees and costs (without application of any schedule of attorneys fees) reasonably incurred, which may be determined by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
    8. Confidentiality. Except as otherwise provided herein or as required by law, User shall at all times keep the terms of this Agreement confidential, except as is necessary to carry out effectively the terms of this Agreement.
Last modified on September 17, 2009
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