TheoryofStocks, LLC, Electronic Services End User license and subscription Agreement
YOU MAY NOT USE INFORMATION FROM TheoryofStocks, LLC, TheoryofStocks, LLC.COM OR ITS SERVICES UNLESS YOU ACCEPT THIS ELECTRONIC SERVICES END USER SUBSCRIPTION AGREEMENT DURING THE CHECKOUT PROCESS.
This document is a legal agreement ("Agreement") between you (either an individual or a single entity) and TheoryofStocks, LLC in regard to the services provided with this end user license and subscription agreement. For purposes of this Agreement, the term “TheoryofStocks" includes TheoryofStocks, LLC and its affiliates. For purposes of this Agreement, the term "PROVIDERS" includes Data Providers and their affiliates. Data providers include, but not necessarily limited to, any equities, options, futures, Forex or websites or other exchanges or data providers that directly or indirectly provide data distributed or redistributed to you by TheoryofStocks. For purposes of this Agreement, the term “SERVICE” means the products and offerings by “TheoryofStocks” that includes but not limited to subscriptions services, information from its websites, newsletters, mailings, stock trend, recommendations, trade signal, financial calculations, proprietary indicators etc. The SERVICE includes “DATA”, (Data referred is financial data, other financial market data). For purposes of this Agreement, the term “WEBSITES” means websites of TheoryofStocks, LLC and its affiliates, including but not limited to http://www.TheoryofStocks.com etc. By visiting this site with or without ordering, subscribing or licensing to the “SERVICE”, you are agreeing to be legally bounded by the terms listed in this Agreement. By ordering, subscribing or licensing to the “SERVICE” from “TheoryofStocks”, and completing the "I AGREE" section at the end of this Agreement, you are agreeing to be legally bounded by the terms listed in this Agreement. This agreement includes either in part or in full all other agreements, terms and conditions which appear on any web site or online registration form related in any way to TheoryofStocks. You understand and agree that this Agreement is a legal document and has the binding legal force and the effect of a contract signed in ink and delivered in person.
Licenses: TheoryofStocks grants you, upon entering into a subscription, a nonexclusive license to use the SERVICE on a single computer terminal (at any given point of time). If any of the SERVICE of TheoryofStocks is accessed via a network, subscription must be paid for every user (individual) who is accessing the SERVICE. Subscriptions, whether on a monthly, annual or other periodic basis, automatically renew for the same time period upon continued access to and the use of the SERVICE, unless terminated. TheoryofStocks has the right to terminate your subscription if you fail to make any required payment or violate any part of this agreement. This agreement and the license that may be granted may not be transferred, assigned, leased, rented, sublicensed or otherwise transferred by you. In no event shall the SERVICE be used by you for, or in connection with, any unlawful purpose. When you subscribe for any SERVICE at TheoryofStocks, you will be provided an ID (referred as your "User Name") and Subscription password (referred as “Password”) that enables you to use the TheoryofStocks SERVICE. You hereby agree to keep the user name and the password confidential and agree not to disclose the same to anyone or publish it or allow others to use the user name and password. You also authorize TheoryofStocks to apply technical and non technical actions to verify your compliances with the term and conditions of this agreement without prior disclosure. TheoryofStocks may terminate the License with or without prior notice to you if you violate or otherwise do not observe any of the terms, conditions or provisions of this agreement.
Copyright: The information obtained from the WEBSITES and/or via SERVICE constitutes confidential and valuable proprietary information, industrial trade secrets and financial property and have been prepared after spending substantial time, effort and money, and are protected by United States Copyright Laws and international treaty provisions as well as other intellectual property laws and treaties. You agree not to duplicate, reproduce, redistribute, publish, decompile or reverse engineer transmit all or any portion of the “DATA”, “Services” or any information obtained from TheoryofStocks and/or its WEBSITES in any form, directly or indirectly, implicitly or explicitly.
Trial Period: At this time, TheoryofStocks offers to all the visitors and first time subscribers, a free trial period until December 31, 2017. During this trial period, registered subscribers will be provided a user name (referred as userid) and password. By the end of the trial period, the system will disable the userid unless you sign for a paid service. When signed for the paid service, the system would charge the credit card given at the time of registration, automatically as per the subscription package selected by you. If you cancel during the trial period, your user name and the password will be disabled.
Subscription: TheoryofStocks offers two modes of recurring subscription (i) 30-day Subscription (referred as “Monthly Subscription”) (ii) 365-day Subscription (referred as “Annual Subscription”). Initial monthly and annual subscription fees are $99.99 and $999.99 respectively. TheoryofStocks runs promotions at times and hence the initial fees applicable for monthly subscription and annual subscription may not be as listed above, rather as advertised at the time of beginning of the trial period. If you register for a Monthly subscription, you will be required to make all payment amounts on a monthly basis as described in your subscription registration. If you register for Annual subscription, you will be required to make all payment amounts on a yearly basis as described in your subscription registration. If you are paying by credit card, you authorize such charges to recur monthly or annually.
Changes to Subscription Fees: Subscription fees may change from time to time and may be applicable to new and already registered users. Any such changes may be made in sole and absolute discretion TheoryofStocks with or without advance notice to the visitors of website and subscribers.
Refunds: All subscriptions are non-refundable and no part of the monthly subscription fee will be refunded if you terminate after the trial period; annual subscription fees will be prorated as of the day of cancellation, however will be charged an additional management fee of $50 USD. Any and all applicable tax including but not limited to sales tax, stats tax, etc, if applicable, shall be your responsibility and be paid by you in full and on a timely basis.
Terms of Payment: You hereby agree to pay a subscription fee listed in TheoryofStocks website http://www.TheoryofStocks.com or in the online registration form in exchange for the SERVICE being made available to you from TheoryofStocks. All subscription fees are payable to TheoryofStocks in advance. None of the services will be made available to you unless and until TheoryofStocks has received full payment of all applicable fees as listed in the website or in the online registration form. After the trial period, as stated in the website, you will be charged 30-day subscription fees (referred as “Monthly Subscription”) or 365-day subscription fees (referred as “Annual Subscription”), as per your choice of subscription. Annual subscriptions shall be payable, in full, after the trial period.
Termination: Subscriber may terminate their subscription by sending TheoryofStocks an email to or from PayPal. Upon terminating the service, you will not be able to receive services from TheoryofStocks. All subscriptions are non-refundable and no part of the monthly subscription fee will be refunded if you terminate after the trial period; annual subscription fees will be prorated as of the day of cancellation, however will be charged an additional management fee of $50 USD. If you would like to renew your service, you may do so by registering again, however trail period will not be provided by the Licensor. Any or all of the licenses granted above may be terminated by Licensor with or without notice to you if you violate or otherwise do not observe any of the terms, conditions or provisions of this Agreement.
Payment via Credit Card: You hereby authorize TheoryofStocks to use the credit card information furnished by you to TheoryofStocks or its affiliate, for the purposes of fulfilling your payment obligations, such as but not limited to subscription fees, fines, late fees etc under this Agreement. You further represent and warrant that the credit card information provided to TheoryofStocks (card number, billing address, expiration date and card-holder\'s name) is accurate and valid in all respects. You further represent that this card either belongs to you or you are lawfully authorized to use this card, and that you are providing your credit card information intending and expecting your credit card to be fully charged all fees and payment amounts, that you have agreed to pay in your on-line registration form, or otherwise, including all Subscription, data and other charges. You also agree to notify the TheoryofStocks, if the credit card expires & provide the relevant new information related to the new credit card.
Modifications & Limitations of Liability: We reserve our rights to discontinue any service with or without prior notice. Any information in our WEBSITE and in our SERVICE is subject to change with or without prior notice. The performance of TheoryofStocks does not guarantee the continuation of any of its SERVICES, without any liability of any kind to TheoryofStocks and its PROVIDERS. Further, we depend on various data providers for furnishing trading data and other relevant information that is available on the web/ internet. If any of the pertinent data ceases to be available or if the data is not made available to us in a compatible manner or if TheoryofStocks is unable to subscribe to the data for any reason, TheoryofStocks may terminate any or all of its services, with or without advance notice, without incurring any liability to you and without any change to any of your payments and other obligations. Further, the SERVICE offered may be modified or replaced or removed from time to time, either in part or whole, without any notice and without incurring any liability to you and without any change to any of your payment and other obligations. Under any circumstance, we make no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. By signing this agreement, you certify that you understand this and you fully assume all risks and consequences relating to lack of availability of SERVICE, changes including removal & modification of SERVICE either in part or full.
Neither TheoryofStocks nor its PROVIDERS make any warranty that the quality of any products, services, information or other material that you purchase or obtain from the use of our WEBSITE or SERVICE will meet your expectations or that any errors will be immediately corrected. The information given as of the date appearing in our WEBSITE and from our SERVICE assumes no obligation to update the information or advice on further developments relating to, but not limited to, any named securities. Neither TheoryofStocks nor our PROVIDERS make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to our WEBSITES or SERVICE, any content, products, or properties. The information contained in WEBSITES, SERVICE, newsletter mailings and publications is drawn from sources believed to be factual and reliable, but in no way does TheoryofStocks represent or guarantee the accuracy or completeness thereof nor in providing it, does TheoryofStocks assume any liability. You expressly agree that you will assume the entire risk as to the quality and the performance of our SERVICE and the accuracy or completeness of their content.
In no event shall TheoryofStocks or its PROVIDERS be liable for any direct or indirect or special or consequential damages of any kind arising due to the use or inability to use the services, even if TheoryofStocks or its PROVIDERS have been advised of the possibility of such damages or any claim by a third party. All products and services, newsletter, data, subscription services may contain some errors and inaccuracies. Neither TheoryofStocks nor any of our partners makes any warranty that the quality of any products, services, information, or other material that you purchase or obtain from the use of our services will meet your expectations or that and any errors will be immediately corrected. By signing this agreement, you certify that you understand this and you fully assume all risks and consequences relating to errors and inaccuracies.
If any of the disclaimers of liability listed in this agreement for any reason is declared invalid by a court of competent jurisdiction, TheoryofStocks and its PROVIDERS entire liability and your exclusive remedy under this EULA shall not exceed zero dollars during the trial period and for unpaid subscribers; the price paid for the subscription for the most recent month, for monthly subscription users; and for annual subscription users, the liability and the exclusive remedy under this EULA shall not exceed one twelfth of the most recent annual subscription fees paid.
Modifications to this agreement: The terms and conditions listed in this agreement are subjected to change. Any such changes may be made in TheoryofStocks sole and absolute discretion with or without advance notice. In case of any changes, registered users will be presented with an option to review the modified agreement at their next login. If the registered users accept the modified terms and conditions, the subscription will continue without interruption. Otherwise, the SERVICE will be terminated on that date and the fees will be prorated as of that date and will be refunded.
Disclaimer of Warranty: All SERVICE is provided \"AS IS\" without warranty of any kind. TheoryofStocks derives the necessary data from various sources on the web, but not limited to finance.google.com, finance.yahoo.com. www.barchart.com, www.esignal.com, www.zacks.com etc which are considered usually reliable, but neither TheoryofStocks nor its PROVIDERS guarantee the correctness or completeness of the data. Further the data is processed “AS IS” by TheoryofStocks LLC, for further mathematical evaluation. Hence, from time to time, there may be errors, omissions, interruptions or inaccuracies. Neither TheoryofStocks nor its PROVIDERS shall have any liability regardless of cause, or any losses that you may incur as a result thereof. TheoryofStocks & its PROVIDERS disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the service is with you. Neither TheoryofStocks nor its PROVIDERS warrant that the functions contained in the SERVICE will meet your requirements or that the SERVICE will be provided uninterrupted or error-free. TheoryofStocks is not obligated to provide any updates to the SERVICE.
Interpreting Services of TheoryofStocks as Investment Advice: TheoryofStocks is not a registered investment advisor or a financial advisor or a brokerage firm or an investment company. We don’t provide personalized advice. We don’t know all the relevant facts about you and your individual needs, and hence we cannot claim or represent that any information via our SERVICE offered by TheoryofStocks will be suitable for you. Any information that you may obtain from the SERVICEs of TheoryofStocks may contain errors and inaccuracies. Some of the data that may be obtained from the SERVICEs of TheoryofStocks are an outcome of rigorous numerical analysis and mathematical modeling, with or without assumptions. Hence it is very likely that the data is going to be incomplete in certain aspects. TheoryofStocks do not recommend any security, financial product or instrument, nor does any mention of a particular security on the website or via a service constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. If you should choose to interpret information from TheoryofStocks, as investment advice, you do solely at your own risk. TheoryofStocks & its PROVIDERS will be not liable for any consequences.
Indemnification by you: You agree to indemnify and hold harmless and defend TheoryofStocks & its PROVIDERS against any claims or lawsuits including attorneys fees that arise or result from any of the following (i) the use by you, of SERVICE from TheoryofStocks & its PROVIDERS (ii) any violation or breach by you of any provision of this Agreement or other agreements you had agreed upon at the time of registration or violation by you or on your behalf, the legal or contractual rights of any third party or their intellectual property rights such as patents, copyrights, trademark etc (iii) any false and misleading information provided by you to TheoryofStocks & its PROVIDERS (iv) your claim that TheoryofStocks & its PROVIDERS are responsible for any direct or indirect, loss or damage etc.
Support, Upgrade and other products: The fees that you have agreed to pay relate only to the components within the SERVICE that has been selected by you at the time of registration and not to other components available at that time of registration or when introduced in a later stage, including upgraded or technical support or new features as a part of the SERVICE etc. The SERVICE that has been agreed upon at the time of registration, associated terms and conditions upon which they are made available (including pricing), may be modified at any time and from time to time by TheoryofStocks with or without notice.
Act of God: TheoryofStocks and its PROVIDERS be excused without any liability of any kind, in the event of war, union strike, hostility, civil disorder, fire, tornado, wind storm, earthquake, power failure, explosion, failure of IT hardware or any other third-party failure, or any other act, event or circumstance beyond the reasonable control of TheoryofStocks and its PROVIDERS, in whole or in part, impossible or difficult to accomplish.
Validity, Assignment & Waiver: This agreement in its entirety has the agreed terms and conditions between you and TheoryofStocks. You may not delegate any of your obligations or assign your rights to others without first obtaining the prior written consent from an authorized officer of TheoryofStocks. (Director or above). Unless mentioned explicitly, no provision of this Agreement can be waived or appended or altered or modified unless agreed to in writing signed by an authorized officer of TheoryofStocks, LLC (Director or above). If any provision of this agreement is declared invalid or non-enforceable by law, that decision shall not affect the validity of the remaining provisions of this agreement.
Additional information and disclaimers: Investing can be a very dangerous venture and may not be suitable for everyone. Any investor should be aware of inherent risks in the financial market. All the information and data obtained via the SERVICE from TheoryofStocks or its PROVIDERS are designed and are presented for informational & educational purposes only and come with no warranty of any kind. The information is licensed to you with the understanding that neither TheoryofStocks nor its PROVIDERS are engaged in rendering any investment, trading or other professional advice. No employee, agent or a representative from TheoryofStocks is authorized to provide any such advice and even if they do it is in violation of TheoryofStocks policies and may not be relied upon.
All the information provided by TheoryofStocks pertaining to past success, current success, past gains, current gains, trades and profits, recommendations, trade signal, trend, weekly winners, earnings preview listed under portfolios and in other places in the web site, newsletters and via any other communication channel may not be based on actual trade. Unless explicitly mentioned, it should be assumed that the success, gains and profits listed under portfolios and in other places in the web site, newsletters and via any other communication channel are all hypothetical. Past performances are not indicative of future performances and TheoryofStocks does not guarantee in any manner, directly or indirectly that the success, gains, profits list would be practically achievable.
All the information provided by TheoryofStocks pertaining to sectors and sectors of a stock may not correlate with sector classification by Standard Industrial Classification SIC or other industry standards. The technical analysis team have their own grouping of sectors based on the company profile and description. You understand and agree that the sector grouping listed in TheoryofStocks will not reflect the actual grouping of sectors and industries that a stock belongs to and will be used for classification & informational purposes only.
Past performances are not indicative of future results and do not guarantee future performance or investment success. Investors may get back less than what they invested or may lose the entire principal. Any strategy that is discussed via the services from TheoryofStocks assumes many factors from the past and does not and cannot guarantee that you will make profits, increase profits or minimize losses. Trading results based upon historical trend and pattern may not necessarily compare results of actual trading. Actual trading is influenced by many factors including existence or non existence of specific events or conditions, global events, action of GOD, human error etc, and hence any amount of mathematical modeling, hypothetical simulation and testing against historical data, cannot replicate the actual trading or movement of stocks.
Information provided in this website or via any other service offered, is a result of rigorous quantitative analysis performed by the members of TheoryofStocks, LLC. The procedure and the methodology followed has not been certified or approved by anyone in the industry, either directly or indirectly. The members who do the analysis may or may not have the required experience and skill set to perform the analysis. TheoryofStocks does not warrant the completeness or accuracy of the content found in our services or its usefulness for any particular purpose. Further, our analysis assumes several factors that are considered proprietary. You also understand and agree that from time to time, we change our proprietary assumptions to optimize our proprietary algorithm. These new assumptions may result in new findings and they may be entirely contradicting to the past results. In an attempt to optimize the website space, we periodically archive (or delete) our SERVICE which includes but not limited to our past data, trend recommendations, market projections, newsletters, website information, company information etc. The deleted data may not be retrievable.
Our actions, recommendations and information in the website with regard to any specific securities may be entirely different from those issued by others in the industry. Given the ongoing changes in the financial markets, our numerical evaluation and other home grown computation and analysis may contradict our own actions, recommendations and information with or without prior notice. Neither we nor any of our partners make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to our websites, any content, or any of our services, tools, products, or properties.
You agree that the SERVICE from TheoryofStocks will not be interpreted as investment advice or as an offer to buy or sell any security.
You must make an independent decision regarding investments or strategies mentioned via the SERVICE from TheoryofStocks. Before acting on any information, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser. Strategies or investments discussed may fluctuate in price or value.
You also understand and agree that, from time to time, TheoryofStocks and its PROVIDERS, its staff, members of the staff\'s families, and/or entities, with which they are affiliated, may hold positions in securities mentioned in the SERVICE. They may trade for their own account based on the information.
All those who subscribe to the SERVICE of TheoryofStocks should assume that any and all positions discussed, listed or referred in the SERVICE may also be currently owned by TheoryofStocks and its PROVIDERS, its staff, members of the staff\'s families, and/or entities, with which they are affiliated, and such positions may change at any time without any prior notice.
You also understand and agree that, from time to time, TheoryofStocks and its PROVIDERs, its staff, members of the staff\'s families, and/or entities, with which they are affiliated buy, sell or hold stocks or other securities in contradiction to the information posted in its WEBSITE or through its SERVICE
TheoryofStocks has not been compensated directly or indirectly for securities featured in our Services. All the securities listed are purely the result of independent analysis conducted by TheoryofStocks and are not offers or solicitations to buy or sell the listed securities.
Investing can be a very dangerous venture and may not be suitable for everyone. Investments or strategies mentioned in the SERVICE or WEBSITE may not be suitable for you. Neither TheoryofStocks nor its PROVIDERS guarantee any specific outcome or profit. You should be aware of the real risk of loss in following any information discussed in the WEBSITE or SERVICE. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. Part performance is not indicative of future results. Past performance does not guarantee future performance or investment success. Investors may get back less than what they invest or may lose the entire principal. You must make an independent decision regarding investments or strategies mentioned in this website. Before acting on information on this website, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser. Strategies or investments discussed may fluctuate in price or value. Should you choose to take any information from this website or from our services, you do at your own risk.
By using our website and services, you expressly agree that you have read and understood the above disclaimer in entirety and 100% agree to the conditions stated above. Further, by using our WEBSITE and SERVICE, you expressly agree that you assume the entire risks on investments & you bear responsibility for your own investment research and investment decisions. By using our WEBSITE and SERVICE, you expressly agree that you will assume the entire risk as to the quality and the performance of our services and the accuracy or completeness of their content. You also agree that TheoryofStocks and its PROVIDERS, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our WEBSITE and SERVICE. It means that you agree that under no circumstances will TheoryofStocks and its PROVIDERS, its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any of our services. You agree that TheoryofStocks does not recommend any security, financial product or instrument, nor does any mention of a particular security on the Service constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also agree that TheoryofStocks does not provide tax, legal or investment advice either via the information from our website or via any services offered therein. You further understand and hereby agree that TheoryofStocks do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. TheoryofStocks shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service or via our website, and shall not be responsible or liable for any trading or investment decisions made based on such information. Any information provided by TheoryofStocks may have been previously disseminated and does not reflect the opinions of TheoryofStocks. You also agree that TheoryofStocks, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
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