Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any software or other materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between Trading Synergy, Inc. (“Company”) and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.  FURTHERMORE, THE SOFTWARE AND ACCOMPANYING DOCUMENTATION AVAILABLE TO DOWNLOAD FROM THIS WEBSITE ARE GOVERNED BY THE TERMS OF THE SOFTWARE LICENSE AGREEMENT, WHICH ACCOMPANIES SUCH SOFTWARE.

Each of IntrepidTrader® and Interpid Pattern Recognition ® is a registered trademark used by Company in connection with the promotion and identification of its trading software, newsletters and related materials and publications.

Company reserves the right, at Company's sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use on Company’s website will mean you accept those changes. Company reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

Use of website information

Except as otherwise indicated on this website, you may view, print, copy, and distribute documents, materials and publications on this website subject to the following terms and conditions:

a) The document, material or publication may be used solely for informational, personal, non-commercial purposes and may  not be sold, distributed, licensed, sublicensed or disseminated;

b) Any copy of the document, material or publication or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;

c) The document, material or publication may not be modified in any way; and

d) Company reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Company.

The permission above to use website information does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, video, recording, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Company.

Use of software

The software and accompanying documentation available to download from this website are the copyrighted work of Company. Use of the software is governed by the terms of the Software License Agreement, which accompanies such software. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such license agreement.

Warranties and disclaimers; liability limitations

THIS WEBESITE AND ANY AND ALL SOFTWARE AND OTHER RELATED PRODUCTS, MATERIALS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  USE OF THIS WEBESITE OR OF ANY SOFTWARE AND OTHER RELATED PRODUCTS, MATERIALS AND SERVICES IS AT YOUR SOLE RISK.  COMPANY DOES NOT WARRANT THAT THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS, MATERIALS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS, MATERIALS AND SERVICES.  YOU REALIZE THAT THERE IS RISK IN TRADING STOCKS, OPTIONS, FUTURES, COMMODITIES AND OTHER INVESTMENTS AND CONTRACTS AND THAT ASSETS MAY BE LOST AND ARE NOT INSURED.  COMPANY IS ABSOLUTELY NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR YOUR ORDERS, TRADES, OR  PURCHASE AND SALE ACTIONS, WITH RESEPCT TO STOCKS, OPTIONS, FUTURES, COMMODITIES OR OTHER INVESTMENTS OR CONTRACTS.  COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS,

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS VENDORS, DIRECTLY OR INDIRECTLY, BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS WEBSITE, SOFTWARE OR ANY RELATED PRODUCTS OR SERVICES OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, YOUR  USE OR INABILITY TO USE THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS,  ANY CHANGES TO OR INACCESSIBILITY OF THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS,  OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWI SE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY.  IF YOU ARE DISSATISFIED WITH THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU  TO DISCONTINUE USE OF THIS WEBESITE AND ANY SOFTWARE AND OTHER RELATED PRODUCTS.  COMPANY IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR SERVICES.  COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR SERVICES.  COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY YOU, NOR IS COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE, COPY OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT APPEARS OR IS TRANSMITTED ON THE SOFTWARE FOR FUTURE REFERENCE.  COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THIS WEBESITE OR ANY SOFTWARE AND OTHER RELATED PRODUCTS OR SERVICES.  COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY BROKER(S) WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS INCLUDING, BUT NOT LIMITED TO, THOSE LAWS REGARDING OR PERTAINING TO THE TRADING OF SECURITIES.  COMPANY DOES NOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

COMPANY MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO COMPANY PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT COMPANY INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.

Submissions

With the exception of credit card numbers for the purchase of products and services, Company does not want to receive confidential or proprietary information through its website.

Any information sent to Company, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL. You grant Company an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send Company, for any and all commercial and non-commercial purposes.

You also agree that Company is free to use any ideas, concepts, or techniques that you send Company for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

Company may, but is not obligated to, review or monitor areas on its website where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. Company is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

You are prohibited from posting or transmitting to or from this website any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Company will have no liability related to the content of any such communications.

Linking to Company’s website

Company permits anyone to link to Company's website subject to the linker's compliance with the following terms and conditions: A website that links to Company's website:

· May link to, but not replicate, content contained in Company's website;

· Must not create a border environment or browser around content contained in Company's website;

· Must not present misleading or false information about Company's services or products;

· Must not misrepresent Company's relationship with the linker;

· Must not imply that Company is endorsing or sponsoring the linker or the linker's services or products;

· Must not use Company's logos or trade dress without prior written permission from Company;

· Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;

· Must not contain materials that would violate any laws;

· Must agree that the link may be removed at any time upon Company's request pursuant to Company's reserved rights to rescind its consent to allow the link.

Third-party websites

Company’s software and/or website may contain links to other Internet websites.  These websites are not under the control of Company and Company does not control linked websites’ privacy and/or user agreements.  Company does not grant any warranties (express or implied) nor does Company have any liability for information transferred and conferred to or from linked websites. When you access a non-Company website, you do so at your own risk. Company is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites.  Company provides these links merely as a convenience. The inclusion of such links does not imply that Company endorses, recommends, or accepts any responsibility for the content of such sites or that Company is in any way affiliated with or endorses such sites or its owners. There are risks in using any information, software, service or product found on the Internet, and Company cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Company liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

Third-party products and services

Company’s website may mention third-party products and services for informational purposes. Company makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Company "as is", without warranty of any kind, either express or implied.

No unlawful or prohibited use

As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Company server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Governing law and jurisdiction

You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of Georgia.

Company makes no representation that information on this website is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this website do so on their own initiative and are responsible for compliance with all applicable laws.

Copyright © 2005-2008 Trading Synergy, Inc. All rights reserved