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Copyright and Trademark Law
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Limitation of Liability
THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
candlestick-trading.com User Agreement
Agreement between User and candlestick-trading.com, candlestick-trading.com Note: candlestick-trading.com is a division of candlestick-trading.com. All terms below refer to both candlestick-trading.com and candlestick-trading.com.
PLEASE READ THIS candlestick-trading.com USER AGREEMENT BEFORE USING candlestick-trading.com, candlestick-trading.com Website, OR PRODUCTS, INCLUDING BUT NOT LIMITED TO candlestick-trading.com and candlestick-trading.com. By continuing to access or use the Services, you are accepting the terms of this agreement. From time to time, candlestick-trading.com or candlestick-trading.com may modify this Agreement, without notice to you. Accordingly, please continue to review this Agreement whenever accessing or using the service. Your use of the service, after the posting of modifications to this Agreement, will constitute YOUR ACCEPTANCE OF THIS AGREEMENT, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the service. Any terms and conditions proposed by you, which are in addition to or which conflict with the terms and conditions of this Agreement, are expressly rejected by candlestick-trading.com and shall be of no force and effect.
1. User Assent to Agreement. You acknowledge that you have read and agree to be bound by this Agreement for the Service. You further agree (a) to comply with U.S. law regarding transmission of any data obtained from the Service in accordance with the terms, (b) not to use the Service for illegal purposes and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property. The Service is a financial information and software service provided by candlestick-trading.com. The Service, all software used in connection with the Service, and all information provided by candlestick-trading.com in the Service, are owned by or licensed to candlestick-trading.com. The Service, including but not limited to data, software, information, text, content, and graphics, contain proprietary and confidential information that is protected by all applicable copyrights, trademarks, service marks, patents, 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 elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright, patent, and other laws, as well as any additional copyright notices, patent notices, or restrictions contained in the Service. User further acknowledges and agrees that Content contained in advertisements in the Service or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User expressly acknowledges candlestick-trading.com title to the copyright of the Service, and that candlestick-trading.com is the owner of all proprietary rights in the Service, including the selection, compilation, arrangement, and format of the information furnished via the Service. You agree that you acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited, non-exclusive, personal, non-transferable right and license to utilize the Service on a single computer, in accordance with the Agreement, provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. User agrees not to modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. User agrees not to access the Service by any means other than through the interface that is provided by candlestick-trading.com for use in accessing the Service.
3. Restrictions on Use. As a condition of your use of the Service we require you to expressly be aware that the Service was developed, compiled, prepared, revised, selected and arranged by candlestick-trading.com and/or its third-party providers of information for inclusion in the Service through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. The Service constitutes valuable intellectual property and contains trade secrets of candlestick-trading.com and/or its Information Providers. The information received through the Service is for your personal use only. You specifically agree as a pre-condition to accessing and using the Service to protect the copyrights and all other proprietary rights of candlestick-trading.com and its Information Providers to the Service during and after the term of this Agreement. You acknowledge that the right to use the Service transfers no title, or proprietary rights in or to the Service, other than the right to use the Service. You agree to use the Service solely for your own noncommercial use, and you further agree not to alter the presentation, reproduce, duplicate, retransmit, rent, lease, loan, disseminate, sell, resell, transfer, re-license, transmit, copy, reverse engineer, modify, translate, decompile, recompile, disassemble, distribute, redistribute, publish, broadcast, create derivative works from, otherwise reproduce, circulate or commercially exploit the Service, any portion of the Service, or access to the Service, in any manner whatsoever without the express prior written consent of candlestick-trading.com. 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 candlestick-trading.com. You also agree to not use the Service, or knowingly allow any other person to use the Service, for any unlawful purpose, and to use the Service in compliance with all applicable laws and regulations. You shall notify candlestick-trading.com immediately if you become aware of any unauthorized use of the Service or the information transmitted via the Service, or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. The information provided by the Service is not intended to provide any tax, legal, or investment advice. The information provided by the Service does not constitute a solicitation or recommendation by candlestick-trading.com of the purchase or sale of any security or investment.
4. Miscellaneous. a. This Agreement and the Service are subject to change by candlestick-trading.com at any time, and from time to time. candlestick-trading.com may modify, change or discontinue the Service (or any part thereof), or its availability to User, temporarily or permanently, at any time with or without notice, for any reason whatsoever, in candlestick-trading.com sole discretion. User agrees that candlestick-trading.com shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service, Users access to the Service, and/or this Agreement.
b. Nothing in this Agreement shall prevent candlestick-trading.com from distributing or licensing the Service or providing the Service to any other party in its sole discretion, whether directly or through any other vendor and/or distributor.
c. candlestick-trading.com, shall, in its sole discretion, have control over the content of the Service. User acknowledges and agrees that User shall not make any changes, deletions, restatements, modifications or amendments to the Service without the prior written consent of candlestick-trading.com.
d. candlestick-trading.com and its Information Providers shall not be liable to the user for any delay or default in providing the Service resulting from any circumstances beyond their reasonable control.
e. In order to use the Service, you may have to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
f. Users correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees that candlestick-trading.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
g. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because candlestick-trading.com has no control over such sites and resources, User acknowledges and agrees that candlestick-trading.com is not responsible for the availability of such external sites or resources, and 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 acknowledges and agrees that candlestick-trading.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
5. Information Providers. User acknowledges and agrees that candlestick-trading.com may provide to User certain information and/or data which may be obtained by candlestick-trading.com from Information Providers. Each of candlestick-trading.com Information Providers has represented to candlestick-trading.com that the information and/or data has been obtained from sources that are believed by such Information Providers to be reliable. However, due to the possibility of errors, neither candlestick-trading.com nor any Information Provider guarantees the accuracy, adequacy or completeness of any information and/or data supplied, nor shall candlestick-trading.com or any Information Provider be liable for any errors, omissions or delays therein, or for the results obtained from the use of such information and/or data, or for any damages whatsoever in connection with Users use of the information and/or data. User acknowledges and agrees that proprietary rights in such information and/or data belongs to candlestick-trading.com and/or the Information Providers. If any Information Provider determines that User should not be entitled to receive any part of the information and/or data, candlestick-trading.com under its agreement with the Information Provider may be required to suspend delivery of such information and/or data to User. User agrees to comply with the terms of any agreement between candlestick-trading.com and any Information Providers. User agrees to indemnify candlestick-trading.com and hold candlestick-trading.com harmless from any and all losses, claims, liabilities, and obligations that may arise as a result of User’s failure to comply with an agreement between candlestick-trading.com and any Information Provider in connection with User’s receipt and utilization of the Service.
6. Indemnification. User agrees to indemnify candlestick-trading.com from and against any and all liabilities, expenses (including attorney’s fees), and damages arising out of claims resulting from User’s use of the Service, User’s connection to the Service, or User’s violation of the Agreement, including any claims that if the allegations were true would constitute a breach of this Agreement.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. a. Except as expressly provided in this Agreement, candlestick-trading.com, the Information Providers to candlestick-trading.com, and any of their respective affiliates, employees, directors, officers, members, managing members, and agents (candlestick-trading.com and providers) make no other representations or warranties of any kind, whether oral or written, express, implied or statutory respecting either the Service, any of the information transmitted via the Service, or the results to be obtained there from by User or others, and there is expressly excluded and disclaimed all warranties of merchantability, non-infringement and fitness for a particular purpose. Notwithstanding any provision of this Agreement to the contrary, candlestick-trading.com and Providers shall not have any liability with respect to their obligations there under for indirect, compensatory, consequential, exemplary, special, incidental, multiple, punitive or similar damages sustained or incurred in connection with the Service, regardless of the form of the action and whether such damages were or should have been foreseen or were unforeseen, even if candlestick-trading.com has been advised of the possibility of such damages including, but not limited to, loss of use, revenue, profits or savings. No employee, salesperson, vendor or other agent or purported agent of candlestick-trading.com and Providers, is authorized to make any warranties, representations or guaranties to the contrary of the foregoing, and any such purported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of candlestick-trading.com and Providers.
b. User acknowledges that its use of the Service is at its sole risk and that the Service’s data, the Service, and anything contained therein, is provided to User or others “as is”, and has been obtained by candlestick-trading.com from sources believed to be reliable. candlestick-trading.com and Providers make no warranty, representation or guarantee of any kind that any of the Service and any software will meet User’s individual requirements, be compatible with their equipment, or that any operation of any of the Service and any software will be uninterrupted or error free or that any defects can be corrected, or that the Service is free of errors or viruses, worms, or Trojan Horses, and candlestick-trading.com and Providers are not liable for any damage User and others may suffer as a result of such destructive features.
c. candlestick-trading.com and Providers also disclaim and exclude all liability for damages, expenses or losses of any kind whatsoever, direct or indirect, which may arise out of any obligation of candlestick-trading.com under this Agreement, occasioned directly or indirectly by a cessation, interruption, delay, discontinuation, reduction or alteration of the Service or any part thereof, by any error, omission, incompleteness or misleading effect in the data supplied by or with the Service, or by any failure, malfunction or other result produced by either hardware or software included in the Service, or from any other non-performance, defective performance, or late performance due to any cause whatsoever, including errors due solely to malfunction of candlestick-trading.com and Providers controlled equipment or programs or failure or negligence of candlestick-trading.com and Provider operators or programmers.
All information is intended for general educational and illustrative purposes only and is not tailored to the investment or trading needs of any specific person. You must not treat any opinion expressed by persons representing candlestick-trading.com and/or candlestick-trading.com as a specific inducement or recommendation to buy or sell. The companies or its employees are not registered broker/advisors or Investment Advisors. Persons representing candlestick-trading.com and/or candlestick-trading.com may hold positions in markets discussed herein. You should be aware of the real risk of loss in following any strategy provided at this session and you follow any strategy at your own risk. candlestick-trading.com and/or candlestick-trading.com do not accept any liability for any loss or damage whatsoever caused in reliance upon the information at this session.
d. candlestick-trading.com and Providers will not be liable for damages relating to any investment decisions of any kind whatsoever or to the outcome of any investment decisions of any kind whatsoever that may be made by anyone, including but not limited to User, on the basis of the Service. In particular and without limiting the generality of the foregoing, candlestick-trading.com and Providers make no warranty, representation or guaranty as to the sequence, accuracy, truth, currentness, timeliness or completeness of the Service or any quotations furnished thereby, market information, data or other information or data provided by the Service hereunder or that any such information or data disseminated may be relied upon for trading purposes. User and others shall independently determine market prices for trading purposes through their own customary trading channels. Further, User and others acknowledge that it is their responsibility to verify any information upon which they or any of their associates or clients expects to take actions with financial consequences. User’s sole and exclusive remedies against candlestick-trading.com and Providers with respect to the Service and any quotations, market information, and any other information and data, and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to candlestick-trading.com issuing corrected information as soon as reasonably practicable following candlestick-trading.com knowledge thereof or receipt of written notice of such problem from Users and others.
e. The provisions of this Section shall survive the termination of this Agreement without regard to the basis of termination or the party terminating.
8. Governing Law. This Agreement shall be deemed to be subject to, and shall be construed in accordance with, the laws of the Japan and the without giving effect to its principles of conflicts of laws. All parties agree to submit themselves to the jurisdiction of the Japan.
9. Severability. Any determination that any provision of this Agreement or any application thereof is invalid, illegal, or unenforceable in any respect in any instance shall not affect the validity, legality, and enforceability of such provision in any other instance, nor the validity, legality, or enforceability of any other provision of this Agreement.
10. Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous or contemporaneous agreements, promises, representations, whether written or oral, between the parties with respect to the subject matter hereof.
12. Termination. candlestick-trading.com may terminate the Agreement for any reason whatsoever, with or without cause, and with or without notice, at any time and effective immediately, in candlestick-trading.com sole discretion. User agrees that candlestick-trading.com shall not be liable to User or to any third party for any such termination of this Agreement.
13. Modifications. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by all of the parties hereto. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provision and shall not affect the rights of either party thereafter to enforce any such provision in accordance with its terms.
14. Notice. Notices to Users may be made by either email or regular mail. The Service may also provide notices to Users of changes to the Agreement or other matters by displaying notices or links to notices generally on the Service.