SmarTrend® Service End User License Agreement
YOU MAY NOT USE SMARTREND® UNLESS YOU ACCEPT THIS ELECTRONIC SERVICES END USER SUBSCRIPTION AGREEMENT DURING THE CHECKOUT PROCESS.
Comtex News Network, Inc. Electronic Services End User Subscription Agreement
Please read this carefully. This is a legal agreement ("Agreement") between you and Comtex News Network, Inc. ("Licensor" or "Comtex") and its data suppliers, including, but not necessarily limited to, any equities, options, futures, Forex or other exchanges or data suppliers that directly or indirectly provide data distributed or redistributed to you by Comtex (the "Data Suppliers"). For purposes of this Agreement, the term "Licensor" includes Comtex and its Data Suppliers. By licensing, ordering or subscribing to the SmarTrend® Service and completing the "I AGREE" segment at the end of this Agreement (collectively, the "Subscription"), you are agreeing to be legally bound by the terms of this Agreement. This Agreement includes, as part of it, all other agreements, terms and conditions which appear on any web site or online registration form affiliated in any way with the SmarTrend® Service, except as noted in the last two sentences of this paragraph (collectively, the "Other Terms and Conditions"). You understand and agree that this Agreement (including those Other Terms and Conditions) has the binding legal force and effect of a contract signed in ink and delivered in person. If there is any conflict between this Agreement and the Other Terms and Conditions, this Agreement shall govern. THIS AGREEMENT DOES NOT COVER OR RELATE TO THE OPENING OF A BROKERAGE ACCOUNT OR BROKERAGE SERVICES OR TRANSACTIONS OF ANY KIND. ALL MATTERS RELATING TO BROKERAGE SERVICES AND TRANSACTIONS ARE COVERED BY AGREEMENTS BETWEEN YOU AND YOUR FIRM OF CHOICE.
1. GRANT OF LICENSE.
(a) Licensor grants to you, upon entering into a Subscription, a nonexclusive license to use the SmarTrend® Service on a single computer terminal (at any given time). The SmarTrend® Service includes (i) investment and trading tools and applications (if and when available), including the basic services and all premium or optional services you select (collectively the "Related Services"), and (ii) market and other financial data, news and other financial, market and/or business information (if and when available) (collectively the "Data"). If any components of the SmarTrend® Service is accessed on a network, each individual making such access through the network must have a Subscription (i.e., there must be a Subscription per individual). Subscriptions, whether on a monthly, annual or other periodic basis, unless terminated, automatically renew for the same time period upon continued access to and use of the SmarTrend® Service. Comtex may immediately terminate your Subscription if you fail to make any required payment or violate any part of this Agreement with Comtex or the Other Terms and Conditions with any of Comtex's Data Suppliers or other third parties affiliated with the SmarTrend® Service, whether set forth in this Agreement or set forth elsewhere. This Agreement and the license granted may not be transferred, assigned, leased, rented, sublicensed or otherwise transferred by you. In no event shall the SmarTrend® Service be used by you for, or in connection with, any unlawful purpose.
(b) You will obtain an ID (your "User Name") and Subscription password that enables you to use the SmarTrend® Service (your "Password"). You agree to keep your User Name and Password confidential, and not to disclose it to anyone else, publish it, or allow anyone else to use it. You acknowledge and agree that, in addition to providing your unique Password, Licensor may implement technical measures that enable it to verify your compliance with the terms of this Agreement.
(c) 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.
2. OWNERSHIP AND COPYRIGHT.
The Related Services have been developed by or for Licensor or its affiliate(s). The Data has been assembled, formatted and supplied by either Licensor or its affiliate(s) and Data Suppliers, and is being offered by Licensor or its affiliate(s) pursuant to licenses granted by the Data Suppliers. The Related Services and Data were developed, compiled, prepared, revised, selected and arranged by Licensor and Data Suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, constitute confidential and valuable proprietary industrial property and trade secrets, and are protected by United States copyright laws and international treaty provisions as well as other intellectual property laws and treaties. All title and copyrights in and to the Related Services and Data and any accompanying printed materials are owned by Licensor, including its affiliate(s) and Data Suppliers (or their suppliers). You agree not to duplicate, reproduce, publish, retransmit or redistribute the Related Services or Data. You may not directly or indirectly offer or transmit all or any portion of the Related Services or Data to third parties whether by way of subscription, license, sale or otherwise. You may not modify, translate, reverse engineer, de-compile or disassemble the Related Services or Data.
(a) Payment Terms: In exchange for the SmarTrend® Service being made available to you in connection with your Subscription, you agree to pay all applicable fees as displayed in the SmarTrend® on-line registration or otherwise made available to you. All Subscription fees payable to Licensor are due in advance, and no Subscription products or services shall be delivered to you unless and until Licensor has received full, non-conditional payment of all applicable fees, including credit card payment verification, approval and clearance. Three month subscriptions shall be payable, in full, after the trial period. All subscriptions are non-refundable and no part of the full monthly Subscription fee is refunded if you terminate after the first of the month. Any and all applicable sales or use taxes shall be your responsibility and paid by you in full and on a timely basis.
(b) Trial Period: For each first time subscriber to SmarTrend®, Comtex offers the user a free 30-day trial period. If by the end of the fourteenth day you are not completely satisfied with SmarTrend®, please contact Client Services at (703) 797-8135 or email us at email@example.com
(c) Payment By Credit Card: You hereby authorize Licensor or its affiliate to use the credit card information furnished by you to Licensor or its affiliate for purposes of fulfilling your payment obligations under this Agreement. You further represent and warrant that (i) the credit card information provided to Licensor (card number, expiration date and card-holder's name) is accurate and valid in all respects and lawfully authorized for use, and that you are providing your credit card information to Licensor fully intending and expecting your credit card to be fully charged all fees and payment amounts which you have agreed to pay in your on-line registration, or otherwise, including all Subscription, data and other charges; and that (ii) such credit card belongs to you or has been authorized for use by you by the valid card-holder. Upon expiration of your credit card, you shall notify Licensor of the new credit card expiration date and all other relevant new information pertaining to the new credit card. (d) Late Payments: If payment in full is not received by the due date, you will be assessed a late charge fee equal to Licensor's then current late charge fee amount, but not less than $10.00. Payments returned to Licensor for insufficient funds will result in a service charge fee of the maximum allowable returned check fee under Delaware law. You shall thereafter be charged interest at the maximum legal interest rate on any unpaid balance.
4. SUBSCRIPTION CHOICES.
(a) Monthly Subscriptions: If you register for a Monthly Subscription, you will be required to make all payment amounts, on a monthly basis, described in your Subscription registration. If you are paying by credit card, you authorize such charges to recur monthly. Any such changes may be made in Licensor's sole and absolute discretion with or without advance notice.
(b)Three Month Subscription packages: If you register for a 3 Month subscription package, you will be required to make all payment amounts in full, every 3 months, as described in your Subscription package. If you are paying be credit card, you authorize such charges to recur every 3 months.
Subscriber may terminate their Subscription by contacting Client Services at (703) 797-8135 or email us at firstname.lastname@example.org. 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.
All subscription access to the service is non-refundable.
7. SOFTWARE ISSUES AND MODIFICATIONS.
If any of the Data Suppliers furnishing Data ceases to furnish it in a manner which is compatible with the Related Services or any receipt/transmission equipment software, Licensor may terminate the inclusion and delivery in the Subscription of as much Data as is affected, without advance notice, without incurring any liability to you, and without any change to any of your payment or other obligations. Further, the Related Services (which, among other things, determines the functionality and appearance of most, if not all, of the Subscription's features) may be modified or replaced from time to time, in whole or in part, without any notice, and without incurring any liability to you, and without any change to any of your payment or other obligations.
8. NO WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND THE DATA SUPPLIERS AND THEIR RESPECTIVE SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE.
9. NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES; LICENSOR'S AND DATA SUPPLIERS' TOTAL LIABILITY CAPPED. IN NO EVENT SHALL LICENSOR OR THE DATA SUPPLIERS OR ANY OF THEIR RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SMARTREND® SERVICE, RELATED SOFTWARE OR DATA, OR ANY ERRORS IN SUCH SOFTWARE OR DATA, EVEN IF LICENSOR OR THE DATA SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALL SOFTWARE AND DATA PRODUCTS AND SERVICES CONTAIN SOME ERRORS AND INACCURACIES, INCLUDING THE SUBSCRIPTION SERVICES, SOFTWARE AND DATA. YOU UNDERSTAND THIS AND FULLY ASSUME ALL RISKS AND CONSEQUENCES RELATING TO SERVICE AND SOFTWARE ERRORS AND DATA INACCURACIES OR INCOMPLETENESS. YOU ACKNOWLEDGE AND AGREE THAT EVEN THOUGH THE DATA SUPPLIERS ARE GRANTED RIGHTS AND PROTECTIONS UNDER THIS AGREEMENT, THE DATA SUPPLIERS ARE NOT PARTIES TO THIS AGREEMENT AND NO RIGHTS ARE BEING CREATED IN YOUR FAVOR THAT MAY BE ENFORCED BY YOU AGAINST ANY DATA SUPPLIER (OR EXCHANGE). IF ANY OF THE DISCLAIMERS OF LIABILITY IN THIS AGREEMENT ARE FOR ANY REASON DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT THE MAXIMUM COLLECTIVE LIABILITY OF LICENSOR AND THE DATA SUPPLIERS TO YOU RELATING TO ANY CLAIM YOU MAY HAVE IN ANY MANNER RELATING TO YOUR SUBSCRIPTION, THE SMARTREND® SERVICE, RELATED SERVICES OR DATA, OR THE USE, CONDITION, OPERATION, EFFECTIVENESS OR QUALITY THEREOF, WHETHER BASED IN CONTRACT, TORT, EQUITY OR ON OTHER GROUNDS OR THEORIES, AND REGARDLESS OF THE CIRCUMSTANCES, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO LICENSOR FOR THE SUBSCRIPTION FOR THE MOST RECENT THREE (3) MONTHS AT THE TIME THE LIABILITY ARISES.
10. NO WARRANTY ON RELATED SERVICES OR DATA; OTHER TERMS REGARDING DATA. ALL RELATED SERVICES AND ALL DATA IS PROVIDED "AS IS." THE DATA IS DERIVED FROM SOURCES WHICH LICENSOR AND THE DATA SUPPLIERS DEEM USUALLY RELIABLE, BUT NEITHER LICENSOR NOR THE DATA SUPPLIERS OR THEIR RESPECTIVE SUPPLIERS OR AFFILIATES GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE DATA, AND HEREBY INFORM YOU THAT INTERRUPTIONS, INACCURACIES, ERRORS AND OMISSIONS DO AND WILL FROM TIME TO TIME OCCUR. NEITHER LICENSOR NOR THE DATA SUPPLIERS OR ANY OF THEIR RESPECTIVE SUPPLIERS OR AFFILIATES SHALL HAVE ANY LIABILITY WHATEVER FOR ANY INTERRUPTIONS, INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, OR ANY LOSSES YOU INCUR AS A RESULT THEREOF. The use of automated query systems to access the Data is strictly prohibited. Any use of such systems will result in immediate termination of access. You further understand and agree that your right to receive all or a portion of the Data is subject to termination to the extent that Licensor's agreements with any of the Data Suppliers terminate for any reason, or any Data Supplier refuses or is unable, for whatever reason, to continue to supply Data to Licensor (in whole or in part). If that occurs, it may occur without notice, and in no event shall result in any liability to Licensor or any of the Data Suppliers or any of their respective affiliates, or change any of your payment obligations.
11. USING THE RELATED SERVICES TO MAKE INVESTMENT AND TRADING DECISIONS OR TO INITIATE TRADES.
All software, including the Related Services, may contain errors, and all financial market and similar databases and services, including the Data, contain inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify pricing and all other relevant information prior to making any trade or investment. AS BETWEEN LICENSOR AND THE DATA SUPPLIERS ON THE ONE HAND, AND YOU ON THE OTHER, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE RELATED SERVICES AND/OR THE DATA MAY RESULT IN YOUR REACHING CONCLUSIONS THAT YOU MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT. FURTHER, AS BETWEEN LICENSOR AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED, INCLUDING BUT NOT LIMITED TO TRANSMISSIONS OF ORDERS TO PLACE OR EXECUTE TRADES OR CONFIRM OR CANCEL TRANSACTIONS. YOU AGREE THAT NEITHER LICENSOR OR ITS AFFILIATES, NOR THE DATA SUPPLIERS OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES.
You shall indemnify and hold harmless Licensor and each of the Data Suppliers, and each of their respective directors, officers, employees and affiliates, from and against any claim, damages, loss, liability, cost and/or expense (including, but not limited to, reasonable attorneys' fees and costs, before and at any trial or other proceeding, at all tribunal levels, and whether or not any suit is instituted) that directly or indirectly arise from or are caused by
(a) any use by you of the SmarTrend® Service, including any of the Related Services and/or any of the Data,
(b) any breach or violation by you of any term or provision of this Agreement or any other agreement you have made in connection with your registration for the Subscription,
(c) your assertion of a claim against Licensor, the Data Suppliers, or any of their respective employees, agents or affiliates, that asserts that any of them are responsible or liable for any loss or damage the risk of which has been disclaimed by Licensor (on its own behalf and/or on behalf of the Data Suppliers and Licensor and the Data Suppliers' respective employees, agents or affiliates) or assumed by you under this Agreement,
(d) any violation of any kind by you, or on your behalf, of the legal or contractual rights of any third party (including Licensor and each Data Supplier and their respective affiliates), including, but not limited to, violation of any such third party's patent, copyright, trademark, service mark, trade secret or other intellectual property rights, and/or
(e) any false or misleading information provided by you to Licensor, any of the Data Suppliers, or to any of their respective suppliers and/or affiliates.
13. PRODUCT SUPPORT; OTHER PRODUCTS AND SERVICES; UPGRADES.
(a) The price paid by you for the Subscription relates only to your receipt of the SmarTrend® Service (including whatever optional Related Services and Data you may have selected and agreed to pay for), and to no other products or services, including upgrades or technical support Licensor or an affiliate offers or may offer from time to time. All support services, including technical support and other services and benefits that may be made available from time to time by Licensor or an affiliate through its Web site(s) or otherwise, and the terms and conditions upon which they are made available (including pricing), may be modified at any time and from time to time by Licensor or its affiliate with or without notice.
(b) If you are given or accept any SmarTrend® Services technical support by or from Licensor or its affiliates, or similar services of any kind, a separate fee may be payable by you ("Support Services"). If a fee is payable, it shall be discussed with you in advance. Neither Licensor, nor its affiliates, in the performance of Support Services, provides or offers trading strategies or systems of any kind. The sole purpose of Support Services relating to the SmarTrend® Services is to assist you in your use of the SmarTrend® Services. Solely you assume the risk that the technical suggestions given to you accurately reflect your strategies or systems and your intent, before you use them. Licensor and its affiliates provide Support Services only on the condition that you fully accept and assume these premises and risks, and you hereby acknowledge and agree that you do accept and assume them.
(c) Auto Trade User and Activation, Discontinuance, and Re-Activation of Auto Trade: Subscribers who utilize auto trade can initiate auto trade with their respective brokers, only those services to which the Subscriber has paid SmarTrend ®, for subscribed services. A Subscription to a newsletter entitles the Subscriber to auto trade one account with his/her respective broker. Additional accounts used for auto trade will be charged a minimum of $350.00 per year per additional account. Upon cancellation of Our Services, it is the responsibility of the Subscriber to discontinue Auto Trading Our Services with their broker. In other words, when a Subscriber cancels Our services, it is his/her responsibility to stop auto trade process of Our Services with their broker. Should this not occur, WE are entitled for our fees for the time the Subscriber's account was left activated for auto trade and Our fees for Our Services will continue and be charged appropriately for the time of auto trade activation. The number of trades in the auto trade account, how many or how few, has no bearing on the amount of fees SmarTrend collects for Auto Trade account activation. In other words, SmarTrend ®, has the right to collect its fees for as long as the Subscribers brokerage account is activated for Auto Trade. SmarTrend ® reserves the right to charge Subscribers who initiate auto trade for a service or services to which SmarTrend ® has not been paid. Fees for such services will be calculated on a basis that is associated for each service, AND NOT PRO-RATED for time used. Therefore, once a trading service is activated for auto trade, SmarTrend ® reserves the right to charge the Subscriber the full fee associated with respective service or services, based upon the services normal subscription fee and duration. When a Subscriber cancels a SmarTrend ® Trading service or services, and then re-activates the Auto Trade mechanism with their brokerage company, this action will also re-activate the subscription for the trading service selected for auto trade, thereby incurring a fee, which will also initiate monthly automatic re-bill of fees for trading services until the Subscriber submits written (E-mail) cancellation of trading services dated after the reactivation of auto trade. Activation of auto trade for any of our trading services within a brokerage account without our knowledge may be considered "Theft of Service" and may result with prosecution under all legal venues. Any costs and associated fees for SmarTrend ® trading services will be automatically debited against charge card on file. In some cases, activation of a brokerage Auto Trade account after Subscriber cancels Our Services, or leaving a brokerage Auto Trade account activated for Auto Trade after Our Services have been canceled by the Subscriber, may be considered "Theft of Service", and is illegal under law. SmarTrend ® will seek all legal remedies and restitutions provided by law.
14. THIRD-PARTY BENEFICIARIES.
Each of the Data Suppliers is an intended third-party beneficiary of this Agreement, and may enforce all rights and obligations in its favor contained in this Agreement, provided that the right to such enforcement is assigned to it by Licensor. Licensor may make any such assignment in its sole and absolute discretion, and no such assignment, if and when made, shall create any liability of Licensor to you or any other person or entity.
15. FORCE MAJEURE.
The performance by Licensor and each of the Data Suppliers of this Agreement, including delivery. availability and use of the Related Services and the Data pursuant to your Subscription, shall be excused (without creating liability of any kind to Licensor or any Data Supplier) in the event and to the extent that any war, union strike, hostility, civil disorder, fire, tornado, wind storm, earthquake, power failure, explosion, failure of communications system (or part thereof) or any other third-party failure, or any other act, event or circumstance beyond the reasonable control of Licensor or such Data Supplier (as applicable) renders such performance, in whole or in part, impossible or difficult to accomplish.
If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Comtex (Vice President or higher).
18. ENTIRE UNDERSTANDING; ASSIGNMENT.
This Agreement contains the entire understanding between you and Licensor concerning the subject matter of this Agreement. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of Comtex.
19. CHOICE OF LAW AND VENUE.
This Agreement shall be deemed to have been made in the State of Delaware and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Delaware. You hereby irrevocably consent to personal jurisdiction in the State of Delaware.
20. ADDITIONAL IMPORTANT INFORMATION AND DISCLAIMERS.
Investments and trading involve risks, including possible loss of principal and other losses. The SmarTrend® Service, including the Related Services and Data, are designed, provided and/or presented chiefly to provide a training tool for the understanding of the financial markets. They are licensed to you with the understanding that neither Licensor nor the Data Suppliers are engaged in rendering any investment, trading or other professional advice. If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Licensor, any Data Supplier or any of their respective affiliates is authorized to provide any such advice of any nature whatever, and any such advice, if given, is in violation of Licensor's and such Data Suppliers' policies, is unauthorized and may not be relied upon. The use of any trading system or strategy, including any system or strategy included as a sample in, or that is or was developed using, the Related Services or any of the Data, does not and cannot guarantee that you will make profits, increase profits or minimize losses. Trading results based upon hypothetical or historically tested trading strategies or systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can account for the level of risk present in actual trading. Numerous factors relating to market conditions, the existence or nonexistence of specific events or circumstances, human error, human/emotional reaction to losses during actual trading, inherent limitations of certain hypothetical or historically tested models, particularly ones that do not operate at the "tick" (as opposed to open, high, low, close) level, volume of trade and liquidity differences between hypothetical models and actual trades, and other supply/demand differences that may not be addressed by hypothetical models, and other conditions and circumstances, can account for these differences. There is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically tested performance results and the actual results subsequently achieved by any particular trading system or strategy. The possible reasons for this include the likelihood that no trading strategy or system can, even with automated trading, be precisely executed as designed. Also, you should be aware that certain commonly used trading "jargon," including trading terms, such as, for example, a "limited risk" position, should not be taken literally. For example, so-called "limited risk" positions in certain options trades are not in fact limited as may be expected. Again, with respect to matters such as these, a licensed professional should be consulted.
SOME OF THE TRADE EXAMPLES IN OUR NEWSLETTERS AND NEARLY ALL OF THE HISTORICAL EXAMPLES CONTAINED IN THE MARKETING MATERIALS INCLUDE HYPOTHETICAL EXAMPLES FOR ILLUSTRATION PURPOSES. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
ALL CONTENTS OF THE RELATED SERVICES ARE PROVIDED FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY. YOU AGREE THAT THE RELATED SERVICES SHOULD NOT BE INTERPRETED AS INVESTMENT ADVICE, AS AN ENDORSEMENT OF ANY SECURITY, OR AS AN OFFER TO BUY OR SELL ANY SECURITY. COMTEX IS NOT A REGISTERED BROKER DEALER, OR FINANCIAL ADVISOR. COMTEX DOES NOT PROVIDE PERSONAL INVESTMENT ADVICE AND DOES NOT REPRESENT ITSELF AS A QUALIFIED INVESTMENT ADVISOR OR PROPERLY LICENSED PARTY. YOU ALSO UNDERSTAND AND AGREE THAT, FROM TIME TO TIME, COMTEX AND/OR ITS AFFILIATES AND ANY OR ALL OF THE INFORMATION PROVIDERS OR THEIR AFFILIATES MAY HOLD POSITIONS IN SECURITIES MENTIONED AND THAT THEY MAY TRADE FOR THEIR OWN ACCOUNT BASED ON THIS INFORMATION. SUBSCRIBERS AND VISITORS TO COMTEX AND ALL OF ITS AFFILIATED WEBSITES SHOULD ASSUME AT ALL TIMES THAT ANY AND ALL POSITIONS DISCUSSED, LISTED, AND OR REFERRED TO OR APPEARING AT THE WEBSITE MAY ALSO BE CURRENTLY OWNED BY COMTEX AND ITS AFFILIATES AND SUCH POSITIONS MAY CHANGE AT ANY TIME. REMARKS AND DATA COMPRISING THE RELATED SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. OUR SERVICES ARE FOR INFORMATIONAL USE ONLY AND ARE GUARDED BY FREEDOM OF THE PRESS (OR PRESS FREEDOM) WHICH IS THE GUARANTEE BY THE U.S. GOVERNMENT OF FREE SPEECH FOR ITS CITIZENS AND THEIR ASSOCIATIONS, EXTENDED TO MEMBERS OF NEWS GATHERING ORGANIZATIONS, AND THEIR PUBLISHED REPORTING. IT ALSO EXTENDS TO NEWS GATHERING, AND PROCESSES INVOLVED IN OBTAINING INFORMATION FOR PUBLIC DISTRIBUTION. IN THE U.S. THIS RIGHT IS GUARANTEED BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION. IN NO EVENT WILL COMTEX BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON COMTEX, WHETHER OR NOT CAUSED IN WHOLE OR PART BY OUR NEGLIGENCE OR ERROR.
The trading of securities may not be suitable for all potential users of our Related Services. You should be aware of the risks inherent in the financial markets. Past performance does not guarantee or imply future success. You cannot assume that profits or gains will be realized or that any recommendation made by Comtex will be profitable. Due diligence is necessary for any and all investment or trading decisions to be made by you.
The purchase of securities discussed by Comtex may result in the loss of some or all of any investment made. Trading stocks, options, or other investment vehicles are inherently filled with risk. No security featured on this website has paid a fee, or otherwise compensated Comtex for their appearance, coverage, and/or favorable opinion.
The trends associated with the stocks, and any opinions regarding securities markets and other investments mentioned on this site or through any service we offer are purely the result of independent research conducted by Comtex and are not offers or solicitations to buy or sell the securities mentioned.
We recommend that you consult a stockbroker or financial advisor before buying or selling securities, or making any investment decisions. You assume the entire cost and risk of any investing and/or trading you choose to undertake.
All information provided by Comtex is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. Comtex does not warrant the completeness, correctness, or accuracy of the information provided.
SmarTrend and Trade The Trend are registered trademarks of Comtex. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
Copyright © 2015 Comtex News Network, Inc. All rights reserved.