COPYRIGHT AND LIMITATIONS ON USE
The content available through ChartBehavior.com is the property of Chart Behavior or its licensors and is protected by copyright and other intellectual property laws. Content includes for example, stories, tools, calculators and other items displayed on the site. Content received through ChartBehavior.com may be displayed, reformatted, and printed for your personal - and limited infrequent commercial use - only, however you may not resell any data or content from ChartBehavior.com. Further, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through ChartBehavior.com to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Chart Behavior, with this one exception: You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from ChartBehavior.com, without charge, to a limited number of individuals, clients or others, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in ChartBehavior.com, original source attribution, and the phrase "Used with permission from Chart Behavior." You may not post any content from ChartBehavior.com to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Chart Behavior. ChartBehavior.com includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Chart Behavior and its content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment.
Subscriber is defined as one individual with a valid user name and password. Subscriber agrees and confirms that only one user will log in and use the Subscription. Sharing licenses is considered a breach of this agreement. Data scraping, or any automated extraction of data, outside of Chart Behavior intended data exporting functionalities is not permitted.
Subscriber will pay the Monthly Fee for the monthly subscription on a monthly basis and the Yearly Fee for a yearly subscription on a yearly basis. All fees will be paid at the beginning of service. The initial service period of the monthly subscription is one (1) month and will auto renew for subsequent one (1) month periods until 30 day notice is given by the Subscriber. The initial service period of the yearly subscription is one (1) year and will auto renew for subsequent one (1) year periods unless 30 day notice is given by the Subscriber. Service of the subscription will not begin until all charges have been processed.
Chart Behavior may offer, as indicated on the Order Form or on the Website Payment page, a trial period for any of its subscription products.
The Subscriber will be charged at the beginning of the initial service period for services, which starts after the trial period has concluded. Following any trial period, the normal terms of this Agreement will remain in effect.
Following the initial service period, Chart Behavior reserves the right to increase the Monthly or Yearly Fee at any time upon 30 days notice to Subscriber, provided Subscriber shall have the right to terminate the Subscription by providing Chart Behavior with written or email termination notice. Subscriber (a) agrees to pay the Monthly or Yearly Fee according to any applicable credit card issuer agreement, (b) expressly authorizes Chart Behavior to automatically charge the applicable card on a monthly or yearly basis during the term of this Agreement (unless otherwise agreed by the parties), (c) agrees that any fee increase made in accordance with this Section may also be charged to the same card in the same manner and (d) that Subscriber will use the subscription for their own individual usage and they will not share their login credentials with other users. #[span Each individual user must have their own individual subscription. ]
Unless a specific initial term for this Agreement is specified in the Order Form, the initial term of the Agreement is one (1) month for the monthly subscription and one (1) Year for the yearly subscription. Following the initial term this Agreement shall auto-renew on a monthly basis or yearly basis until otherwise terminated. Upon 30 days written notice of termination to the other party, which termination shall be effective on the last day of the month in which the 30th or 365th day of the subscription occurs, either party may terminate this Agreement as to one, all, or any number of the Products referred to in the Order Form. Further, Chart Behavior reserves the right to immediately suspend performance or terminate this Agreement without notice and without liability in the event that: (a) Subscriber fails to pay any amount due to Chart Behavior or charges back through the applicable credit card company any amounts billed, (b) any Content that is necessary for Chart Behavior to perform its obligations is suspended or terminated, (c) Subscriber shares login credentials with other users, and/or (d) in the event of any conduct by Subscriber which Chart Behavior, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. Chart Behavior may discontinue any of our subscription products at any time.
DISCLAIMER OR WARRANTIES AND LIABILITY
Due to the number of sources from which content in ChartBehavior.com is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and ChartBehavior.com. CHART BEHAVIOR AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH CHART BEHAVIOR, OR CHARTBEHAVIOR.COM ITSELF. NEITHER CHART BEHAVIOR NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF CHARTBEHAVIOR.COM, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING CHARTBEHAVIOR.COM AND ANY CONTENT THROUGH CHARTBEHAVIOR.COM. IN NO EVENT WILL CHART BEHAVIOR, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR CHARTBEHAVIOR.COM. CHART BEHAVIOR AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Chart Behavior may discontinue or change ChartBehavior.com, or its availability to you, at any time. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and Delaware State, as if the Agreement was a contract wholly entered into and wholly performed within Delaware State.
Subscriber agrees to defend, indemnify and hold harmless ChartBehavior.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ChartBehavior.com by Subscriber or Subscriber's Account.
Either ChartBehavior.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, ChartBehavior.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which ChartBehavior.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
THIRD PARTY CONTENT
ChartBehavior.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of ChartBehavior.com, are those of the respective author(s) or distributor(s) and not of ChartBehavior.com. Neither ChartBehavior.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through ChartBehavior.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with ChartBehavior.com. ChartBehavior.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ChartBehavior.com by anyone other than authorized ChartBehavior.com employee spokespersons while acting in their official capacities. Under no circumstances will ChartBehavior.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through ChartBehavior.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ChartBehavior.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. By accessing the ChartBehavior.com site, a user agrees not to redistribute the information found within. The trading services which users may access through links on this site are services of the listed independent brokerage companies. In order to use these services, you need to have an existing account with such brokerage company or you will need to set up an account with such brokerage company. ChartBehavior.com provides customized links to selected brokerage companies for your convenience only. ChartBehavior.com is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select is solely responsible for its services to you the user. ChartBehavior.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the brokerage company.
Also, you may not use any of the Index Data or the Marks in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the Indices), nor may you us the Data as the basis of a financial instrument, without a separate written agreement with Chart Behaviors Index Data providers.
THE INFORMATION THAT OTC MARKETS DIRECTLY OR INDIRECTLY PROVIDES IS PROVIDED “AS IS,” AND THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, TIMELINESS, TRUTHFULLNESS, SEQUENCE, COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
If you have any questions about the terms, please contact us.