SIGNALS MATTER TERMS OF USE
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEBSITE
Signals Matter, LLC ("Signals Matter," "the Company," "we," or "us") provides its website Signals Matter ("Site"), located at www.SignalsMatter.com, to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein. By using the Site, you agree to be bound by our Terms of Use (the "TOU").
1. Agreement
Signals Mater is strictly a research publishing firm and does not provide individual investment advice to its Subscribers. The information we publish is based upon on our opinions, experiences, and proprietary methods of filtering the same. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, risk profiles or future financial needs, and therefore does not constitute a recommendation to buy, hold, or sell securities, or engage in any specific or all-inclusive trading strategy. Your access to and use of "Subscriber-Only Products" as provided within the "Site" and any other current or future products provided by the Company and affiliated with the Site, are conditioned upon your acceptance of and compliance with these the Terms of Use as set forth in this instrument, ("Terms").
2. Site Access
By accessing or using the Site and Subscriber-Only Products, you affirm that you are over the age of 18, of the capacity of sound consent and fully aware of the personal responsibility and choice entering into your relationship with the Company, and you agree to be bound by these Terms. If you do not agree to the terms as set forth explicitly herein, you agree that you will not access or use the Site and materials, including the Subscriber-Only Products. At any time, the Company may revise these Terms, change the Site; include, eliminate or discontinue any content or feature of the Site; or impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice). The Company may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Important Securities Disclaimer and Notices
The Company is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. Any decision, including any trades or personal portfolio adjustments, that you make regarding any opinion provided by the Company and within the Site is one for which you assume full and complete responsibility. You understand and acknowledge that there is a very high degree of risk involved in trading securities. You further acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. You are encouraged to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. Past results of any individual trader or trading strategy published by the Company are not indicative of future returns by that trader or strategy and are not indicative of future returns which may be realized by you. There are broad as well as specific areas of market risk that have increased in the backdrop of greater numbers and complexities of exchanges and instruments, including Exchange Trading Products ("ETPs, ETNs and ETFs") and the risks attendant to them, as well as broader macro risks due, potentially and in part, to extreme monitory policies followed by central banks and governments in the US and around the globe. In addition, the risk filters, technical techniques, information, content, indicators, strategies, blogs, articles and all other features of the Site and Materials, or any Company product or service, (collectively, the "Data") are provided for informational and educational purposes only and should not be construed as investment advice. You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Site are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Past performance is no guarantee of future results. Therefore, you should not assume that the future performance of any specific investment or investment strategy will be profitable or equal to corresponding past performance levels. Inherent in any investment is the potential for loss.
4. Intellectual Property, Hyperlinks, & Links to Other Websites
The Site and Materials and any current or future related content, including without limitation any Subscriber Ideas (as defined below), third-party applications, and any other content on the Site and Materials, as currently maintained or expanded in the future, and any and all copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or any of its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and noncommercial use. The Company or any of its third-party licensors, if or as applicable, (whether existing or future) reserve all rights not expressly granted in and to such content. Do not modify, forward or use such content unless expressly permitted (in writing) by the Company. Any such unauthorized modification or use of such material is a violation of the Company's intellectual property rights and can subject you to legal liability. The Site and Materials may, now or in the future, contain links to third-party websites. The fact that we consider, do or may provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third- party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit. The Company is the copyright owner of all information contained in this Site, except as otherwise indicated. Other parties' trademarks and service marks that may be referred to are the property of their respective owners. Use or reproduction of information from the Site and Materials for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.
5. Subscription and Payment
In connection with any purchase of services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription, you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. Although not currently foreseen or intended, the Company may at any time change any of its pricing, or institute new charges or fees, including reductions of the same. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes. Your subscription will be set to automatically renew upon expiration, either monthly for monthly Subscribers, or annually, for annual Subscribers. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term. If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be as per the Terms herein. Namely and to wit: monthly Subscribers will be charged for the full month of the month in which a termination request is given; annual Subscribers will not be further charged upon their renewal date. Subscription cancelations are accepted online under My Account on the Subscriber portal. Your obligations hereunder, including your obligation to pay amounts owed to the Company under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Site and Materials. You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
6. Indemnification
As a condition of your use of any of the Site and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys' fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Ideas caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Sites and Materials.
7. Term and Termination
Except as otherwise specified herein, these Terms commence on your first use/login of any of the Sites and Materials and continue until you cease to use the Sites and Materials, or your subscription, if any, expires or has been terminated, whichever is later. The Company may terminate your access to and use of the Sites and Materials at any time and for any reason. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Sites and Materials after termination or notification of the same.
8. Miscellaneous
These Terms and the Conduct Standards referenced herein constitute the entire agreement between you and the Company relating to your use of the Site and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The laws of the State of Delaware without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. You and we (the Company) agree that our sole relationship is a contractual one governed by these Terms and the Conduct Standards. Any controversy or claim arising out of or related to the provision of services or materials by the Company shall be resolved solely based on these Terms. Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association ("AAA") for arbitration in Delaware in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator's fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys' fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity. Notwithstanding anything to the contrary in the AAA Rules, you and we and the Company agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order.
This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party's intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIGNALS MATTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
SIGNALS MATTER AND ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SIGNALS MATTER OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, SPONSORS, INFORMATION PROVIDERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
9. Subscriber Acknowledgement
You acknowledge that, in executing this Agreement (which is considered executed by both parties once you have subscribed and paid for Subscription), that such party has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the foregoing terms of this Agreement.