MarketChameleon Terms Of Use and Conditions 10-Nov-2017

Disclaimers

The information and features available on MarketChameleon.com (collectively, “MarketChameleon”, the "Information" or "Service" or "Services" OR "Content") are provided for informational purposes only and should not be construed as investment advice. The Information should only be used as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments and trading strategies. The developers, authors and owners of MarketChameleon.com, which is wholly owned by MP Management LLC (collectively, “The Company”) are not investment advisors, stock brokers or broker-dealers. The Information on this site does not constitute a solicitation for the purchase or sale of securities. The Information on this site and in its related emails or newsletters is not intended to be nor does it constitute investment advice or recommendations. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information.

Any decision to embark upon trading with real funds based on any Information contained within this site is at the user's own, sole discretion and responsibility and any subsequent profits or losses resulting from participating in the markets with real funds rests solely with each individual person/user and not with The Company.

The user understands and acknowledges that as a general rule, past performance is not necessarily indicative of future performance. You understand and acknowledge that there is a very high degree of risk involved in trading options and securities. We assume no responsibility or liability for your trading and investment results.

All stock price information is provided and transmitted as received from independent third-party data sources. The Company does not guarantee the accuracy, completeness or timeliness of the Information. Factual statements in this web page are made as of the date stated and are subject to change without notice. By using the Services of The Company, including any applications or content available through us you agree that use of the Services is entirely at your own risk.

In no event shall The Company be liable to any member, guest or third party for any damages of any kind arising out of the use of any content or other material published or available on MarketChameleon.com, or relating to the use of, or inability to use, MarketChameleon.com or any content, including, without limitation, any investment losses, lost profits, lost opportunity, special, incidental, indirect, consequential or punitive damages.

THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY INFORMATION OR SERVICES ON THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

FURTHERMORE, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR (A) ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT OR IMAGES FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDER TO OUR SITE, EVEN IF WE HAVE BEEN, OR A THIRD-PARTY PROVIDER HAS BEEN, ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We reserve the right to change any information on MarketChameleon.com, including without limitation revising and/or deleting features or other information without prior notice to you. Accessing certain links within MarketChameleon.com may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See "Links from and to MarketChameleon.com" below.) The content of MarketChameleon.com may vary depending upon your browser functionality and limitations.

Conditions

By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe these terms and conditions. If you do not accept all of these terms and conditions, then please leave our site now.

The contents of this website, the online equities and option screening software, associated charts, statistical analytical tools and all accompanying web pages, are the sole property of The Company. All rights reserved. Any reproduction, passing on, lending, hiring, copying, or reselling of this content, in any original, edited, or adapted format, without the prior written permission of the owner, is strictly prohibited. All analytical content provided within this site are a technical treatise, aimed purely to educate users on the technical aspects and value of using intelligent research tools.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including but not limited to a computer, software, a modem and a working network connection.

In consideration of your use of the Service, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.

As a condition of your use of MarketChameleon.com, you warrant that you will not use MarketChameleon.com for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You will defend and indemnify us and any of our officers, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of your breach of these terms and conditions or the documents made part of these terms and conditions by reference, your violation of any law or the rights of a third party or your use of our site.

Subscription Registration and Fees

MarketChameleon.com offers both free and for-fee services and products. The costs of these services and products will be disclosed to you at the time of purchase.

As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide The Company with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username that The Company, in its sole discretion, deems offensive or inappropriate. The Company reserves the right to deny creation of your account based on The Company’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify The Company of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your MarketChameleon.com account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. The Company reserves the right to terminate your subscription and/or account in its sole discretion at any time without notice. You may terminate your account at any time by contacting support (at) marketchameleon (dot) com.

When you register as a subscriber, whether paid, trial or Free, you select a password, which you may then modify at any time as often as you like. Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Premium Membership Agreement). YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY THE COMPANY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.

Should you wish to activate a subscription that features a trial period, you will receive a trial activation notification by email, beginning on the date on which The Company accepts your subscription and ending at the end date of the trial, as specified in the trial offer. If you do not notify The Company to terminate your subscription during this trial period, the initial term of your regular subscription will start immediately after the trial period ends and will continue for the length of time that you selected when you subscribed. If you cancel before the end of the trial, your payment card will not be charged.

Your payment card or other account will be billed for use of fee-based services and products from The Company. You agree that you will not circumvent The Company’s security systems or otherwise attempt to obtain fee-based services and information without payment, and that if you do so, The Company will be entitled to charge the credit card or other account(s) you have disclosed to Us for the full retail price of daily access to Our services for the period of one year, in addition to any relief which may be available at law or in equity.

You understand that, unless you cancel your subscription or request cancellation before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your account will be charged for each such renewal at the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.

You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, The Company reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service.

Confidentiality, Nondisclosure

As described in this Terms of Use, the term "Confidential Information" refers to any and all programs, concepts, information, data or communication, whether written or oral, furnished or made available by The Company to you regarding The Company or its software and data (including, without limitation any or all designs and concepts, preliminary or otherwise, relating thereto) (collectively, "Confidential Information"). By using the Services, you acknowledge and agree that the information disclosed by The Company is a valuable trade secret of The Company, and is being disclosed pursuant to this agreement for your exclusive use. You further agree that:

  1. You will hold in strict confidence all Confidential Information and agree not to publish, disclose or otherwise disseminate such Confidential Information to anyone other than a member or employee of The Company, and that you will not cause the transmission, removal, or transport of any Confidential Information; and
  2. Immediately upon termination of your subscription (or license for) to The Company’s service or product, you shall destroy all materials and Confidential Information furnished to you by The Company in relation to that service, together with all copies, data summaries, replications, duplications, recordings or transcriptions made thereof (whether held by you or by any other person).

User Conduct For MarketChameleon.com

While using the Service, you may not:

  1. Publish, transmit, reproduce, or distribute in any way, information, software or other material that appears on the Web Site which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or licenser; or
  2. Publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under US copyright laws; or
  3. Publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (or as expressly permitted by the provider of such information, software or other material); or
  4. Restrict or inhibit any other user from using and enjoying the Service; or
  5. Knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX; or
  6. Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity (including without limitation, The Company).

Content Submission: If you submit material to MarketChameleon.com, unless The Company indicates otherwise, you grant The Company, its affiliates, agents, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant The Company and its affiliates, agents, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you provide will not cause injury to any person or entity; and that you will indemnify The Company and its affiliates, agents, representatives, and sublicensees for all claims resulting from material you supply. The Company takes no responsibility and assumes no liability for any material submitted by you or any third party. No Unlawful or Prohibited Use.

We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and, subject to the limitations of The Company’s privacy policy, to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect MarketChameleon.com or Our subscribers.

Links from and to MarketChameleon.com

The links on MarketChameleon.com may provide you with access to other Websites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other Website which may be linked to or from MarketChameleon.com. You acknowledge and agree that the stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may be required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that The Company shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.

Other Information

We are taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified and disclosed to you in your subscription agreement (as amended from time to time), and to prevent the interception and decryption by others of the personal information you have entered. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.

Failure to Comply With Terms and Conditions and Termination

Access to the Services may be terminated at any time, and without cause, by either The Company or the customer, upon notification by telephone or e-mail. When termination is requested by a customer, subscription fees are NOT refunded.

You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of The Company, or is otherwise inappropriate for continued access.

Data

In addition to the limitations above, subscribers acknowledge that data is subject to errors and omissions, which may or may not have been caused by our Service, and that the data is provided “as is”, without warranty for merchantability or fitness for any purpose. The Company’s online membership does not grant you the rights to redistribute and/or resell The Company’s Data. If you wish to redistribute any data on the MarketChameleon.com website in any format, you must first obtain the proper data license from The Company. Please contact us for a price quote.

Ownership

MarketChameleon.com is wholly owned by MP Management LLC (“The Company”). The Company and/or its third-party content providers ("Content Providers") owns and has copyrights on our site and all of its contents. Trademarks, logos and service marks displayed on our site are our registered and common law trademarks. Your use of and access to our site does not grant you any license or right to use any of the trademarks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site without proper credit and links to MarketChameleon.com.

Contact Us

If you have questions about these terms and conditions, please contact us at support (at) marketchameleon (dot) com .