Terms and Conditions
====================
Web Site Subscriber Agreement and Terms of Service Between Subscriber and
sentimenTrader.com (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY
SENTIMENTRADER.COM.
All references to sentimenTrader.com shall include the owner of
sentimenTrader.com, and any affiliates, subsidiaries, officers and employees of
sentimenTrader.com, or its owner. All references to “you” and “your” shall mean
the subscriber.
ACCEPTANCE BY SENTIMENTRADER.COM AND ACCESS TO SENTIMENTRADER.COM IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS
ARE CONSIDERED AN OFFER BY SENTIMENTRADER.COM, ACCEPTANCE IS EXPRESSLY LIMITED
TO THESE TERMS.
1. Description of Services
sentimenTrader.com publishes a regularly scheduled newsletter which is delivered
by either email or posting on areas of the World Wide Web which can be password
protected areas. The newsletter provides commentary and information on stocks,
bonds, other securities, options, futures and the financial markets in general.
2. Subscribing
By subscribing to sentimenTrader.com, you agree to provide complete and accurate
registration information, including, without limitation, your legal name,
address, email address and telephone number. You agree to maintain and update
this information as necessary to keep it true, accurate and complete.
sentimenTrader.com reserves the right to terminate the subscriber’s subscription
or limit access to the services if the information is false or inaccurate.
PLEASE NOTE: We understand the need to access the information provided at home
and at work. However, if suspicious behavior is apparent (i.e. shared passwords
among users), then the subscriber will forfeit all paid subscription dues and
access will be terminated. Password-sharing is NOT encouraged, as anyone with
the user's login details may be able to obtain sensitive information about the
subscriber.
3. Payment, Renewal and Cancellation
All subscription fees will be charged to the credit card provided by the
subscriber. The charges will appear on the credit card statement under the name
"Sundial Capital Research", which is subject to change at anytime. Payment for a
subscription is due in advance and will be charged to the subscriber’s credit
card prior to the period selected. Renewal of your subscription is automatic,
occurs every 30 calendar days for monthly subscriptions, 90 calendar days for
quarterly subscriptions, or 365 days for yearly subscriptions and will continue
until you notify admin@sentimentrader.com to cancel your subscription (if you do
not receive a confirmation within 24 hours, please re-send your request). Please
note that NO REFUNDS ARE GIVEN FOR MONTHLY SUBSCRIPTIONS. You must notify
sentimenTrader.com via the above email addresses that you wish to cancel at
least 24 hours before your account is up for renewal. Quarterly or yearly
subscriptions will be refunded on a pro-rated basis as of the first day of the
next full month after notice of cancellation is given. For example, if you
cancel on March 11th, then your refund would be due on a pro-rated basis as of
April 1st. You are responsible for knowing when your renewal date is up, but may
inquire at any time via email or phone.
PLEASE NOTE: Any "special" or discounted subscriptions, defined as being an
offer below the current subscription rate, will not be refundable in any amount
after 30 days of sign-up.
sentimenTrader.com reserves the right to change the rates for the subscription
at any time following 30 days notice by email to the subscriber. The
subscription rate change shall apply to all subsequent billings following the
30-day notice period. If the company issuing the credit card rejects the charge
for any reason, sentimenTrader.com reserves the right to terminate your
subscription and your access to sentimenTrader.com.
Sundial Capital Research, Inc. reserves the right to charge the card given us by
subscribers. Should the expiration date of the card change, but only the
expiration date, Sundial Capital Research reserves the right to advance the date
to your card's new expiration.
4. Selection of username & password
To access sentimenTrader.com you will be issued a username and password. You
agree that you have no right to transfer, assign or share the username or
password, and that you are solely responsible for maintaining confidentiality of
your username and password. If you believe that your information is no longer
secure, you agree to promptly notify sentimenTrader.com and change your username
and password.
5. Representations and Warranties
You represent and warrant to sentimenTrader.com that (a) you are over the age of
eighteen (18) and have the power and authority to enter into and perform your
obligations under this Agreement; (b) you shall comply with all the terms and
conditions of this Agreement, including, without limitation, the Terms of Use
set forth below; and (c) you have provided accurate and complete registration
and subscription information, including, without limitation, your legal name,
address and telephone number.
6. Terms of Use
a. You agree that you shall use the access granted to sentimenTrader.com and any
emails received from sentimenTrader.com, its agents or assigns, for your
personal and non-commercial use only. You may not modify, copy, distribute,
transmit, display, reproduce, publish, license, create derivative works from,
transfer, or sell any information, material or services obtained from the
sentimenTrader.com or the emails sent by sentimenTrader.com.
b. You acknowledge that you have read, understand and agree to the terms of the
Disclaimer posted on sentimenTrader.com, which are incorporated herein by
reference, as if set forth and restated in their entirety.
c. You agree that you will only use the access granted under this Agreement for
lawful purposes.
d. You agree not to permit anyone whose subscription was terminated to access
the site with your username and password, or to provide your information for the
purpose of accessing sentimenTrader.com.
e. All materials displayed or performed on the sentimenTrader.com, or in emails
sent by sentimenTrader.com, (including, but not limited to text, graphics, news
articles, photographs, images, illustrations, audio clips and video clips, also
known as the "Content") are protected by copyright, and owned or controlled by
sentimenTrader.com or its third party content providers. You agree to abide by
all copyright notices, information, and restrictions contained in any Content
accessed through the Services. sentimenTrader.com is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. You may not modify,
publish, transmit, participate in the transfer or sale of, reproduce (except as
permitted in this Agreement for the use of Services), create derivative works
based on, distribute, perform, display, or in any way exploit, any of the
Content, software, materials, or Services in whole or in part. You may download
or copy the Content, and other items displayed on, or distributed by
sentimenTrader.com, for download, for personal use only, provided that you
maintain all copyright and other notices contained in such Content. You will not
store any significant portion of any Content in any form. Copying or storing of
any Content for other than personal, noncommercial use is expressly prohibited
without prior written permission from sentimenTrader.com, or from the copyright
holder identified in such Content's copyright notice.
f. The site and emails maintained and distributed by sentimenTrader.com may
contain links to the sites of third parties. The linked sites are not under the
control of sentimenTrader.com and sentimenTrader.com is not responsible for the
content of those sites. These links are provided only as a matter of convenience
and inclusion of a link by sentimenTrader.com does not imply an endorsement of,
or an association with, any third party's linked site, products or services,
unless expressly stated. sentimenTrader.com is not a party to any agreement or
transaction which you enter into with a third party accessed through a link. You
are responsible for reading and complying with the terms of use, privacy
statement and disclaimer for any linked site. The online trading services that
you may access through links on sentimenTrader.com are services offered by
listed independent brokerage firms and require that you open and maintain a
brokerage account with them. sentimenTrader.com does not endorse or recommend
the services of any brokerage firm and you agree that sentimenTrader.com shall
not be liable for any damages or costs arising out of your relationship with any
brokerage firm.
g. You understand that parts of the Content, as well as software tools and
portions of the Services available on the Site may be provided by third party
content providers and suppliers. You acknowledge that neither sentimenTrader.com
nor such third party providers and suppliers guarantee the accuracy,
completeness or timeliness of such information and you therefore agree that
sentimenTrader.com and its third party providers and suppliers shall have no
liability for any loss you may suffer through your use of such materials or
resulting from any errors, omissions or delays related thereto. By accepting
this agreement, you expressly accept the terms of the user agreement for the
third party providers, as set forth in Exhibit A. See individual third party
agreements for specific guidelines on third party content (see Exhibit A).
h. The subscription to sentimenTrader.com is only intended for citizens and
residents of the United States of America, currently residing there.
sentimenTrader.com makes no representation that the Services provided are
appropriate for other geographical locations or jurisdictions.
sentimenTrader.com reserves the right to limit availability of the site and
services to any person, geographic area or jurisdiction. This Agreement is void
where prohibited by law, and the right to access sentimenTrader.com is revoked
in such jurisdictions. You also agree that you will comply with any local laws
or regulations that may apply to your use of sentimenTrader.com, or any emails
sent by sentimenTrader.com, including, without limitation, any laws requiring
registration or filings with local authorities, and the payment of any taxes.
7. Indemnification
You will indemnify and hold sentimenTrader.com, its parents, subsidiaries,
affiliates, officers and employees, harmless, including costs and attorneys'
fees, from (i) any claims of liability or responsibility for any use or misuse
of the Services as selected or as applied by you, (ii) any claim or demand made
by any third party due to or arising out of your access to the Site, use of the
Services, the violation of this Agreement by you, or the infringement by you, or
any third party using your sentimenTrader.com username and password, of any
intellectual property or other right of any person or entity.
8. Disclaimer of Warranties
You acknowledge that the services and the site are still under development and
that the services, content, site and any software are provided on an "as is"
basis, without warranties of any kind, either express or implied, including,
without limitation, implied warranties of merchantability, fitness for a
particular purpose or non-infringement. Some states do not allow limitations on
how long implied warranty lasts, so the above limitations may not apply to you.
9. Accessibility
You agree that from time to time sentimenTrader.com may be inaccessible or
inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs which
sentimenTrader.com may undertake from time to time; or (iii) causes beyond the
control of sentimenTrader.com or which are not reasonably foreseeable by
sentimenTrader.com. sentimenTrader.com may change, suspend or discontinue the
Services at any time, including the availability of any feature, database, or
content. sentimenTrader.com may also impose limits on certain features and
services or restrict your access to parts or all of the Services without notice
or liability.
10. Termination
sentimenTrader.com reserves the right to terminate your subscription or limit
your access to sentimenTrader.com at any time, in its sole discretion, and make
a refund to you for any remaining whole months on your subscription. In the
event of a breach of this Agreement by you, sentimenTrader.com reserves the
right to immediately terminate your access without a refund.
11. Modification and Amendment
sentimenTrader.com reserves the right, at its discretion, to modify this
Agreement at any time by posting a notice on the web site, or by sending you a
notice via e-mail. You are responsible for reviewing and becoming familiar with
any such modifications. Your use of the Services following such notification
constitutes your acceptance of the terms and conditions of this Agreement as
modified.
12. Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the
breach thereof, shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The place of arbitration shall be the City and
County of Minneapolis, Minnesota. This Agreement shall be governed by the laws
of the state of Minnesota. Each party shall bear its own costs and expenses and
an equal share of the arbitrators' and administrative fees of arbitration. The
arbitrators will have no authority to award punitive or other damages not
measured by the prevailing party's actual damages, except as may be required by
statute. Except as may be required by law, neither a party nor an arbitrator may
disclose the existence, content, or results of any arbitration hereunder without
the prior written consent of both parties.
13. Miscellaneous
a. Law. This Agreement shall be governed by the laws of the state of Minnesota
and the United States of America without reference to conflicts of laws.
b. Waiver and Severability. No failure or delay in exercising or enforcing any
right or remedy hereunder by sentimenTrader.com shall constitute a waiver of any
other right or remedy, or future exercise thereof. If any provision of this
Agreement is determined to be invalid under any applicable statute or rule of
law, it is to that extent to be deemed omitted, and the balance of the Agreement
shall remain enforceable.
c. Survival. The respective rights and obligations of the parties under Sections
5, 6, 7, 8 13, and this Section 14 shall survive any termination or expiration
of this Agreement.
d. Both parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements, communications and other
understandings relating to the subject matter of this Agreement.
The sentimenTrader.com web site is published as an informational service for
subscribers, and it includes opinions as to buying, selling and holding various
securities. However, the publishers of sentimenTrader.com are not investment
advisers, and they do not provide investment advice or recommendations directed
to any particular subscriber or in view of the particular circumstances of any
particular person. The information provided by sentimenTrader.com is obtained
from sources believed to be reliable but is not guaranteed as to accuracy or
completeness. Subscribers to sentimenTrader.com or any other persons who buy,
sell or hold securities should do so with caution and consult with their
financial advisor.
The publishers of sentimenTrader.com may buy or sell the securities discussed
for purposes of investment or trading without disclosure of all trades to
subscribers. sentimenTrader.com and its publishers, owners and agents, are not
liable for any losses or damages, monetary or otherwise, that result from the
content of sentimenTrader.com. Securities discussed by sentimenTrader.com should
be considered speculative and contain a high degree of volatility and risk.
The information contained on sentimenTrader.com is provided for general
informational purposes, as a convenience to the subscribers of
sentimenTrader.com. The materials are not a substitute for obtaining
professional advice from a qualified person, firm or corporation. Consult the
appropriate professional advisor for more complete and current information.
sentimenTrader.com is not engaged in rendering any legal or professional
services by placing these general informational materials on sentimenTrader.com.
sentimenTrader.com and its publishers specifically disclaim any liability,
whether based in contract, tort, strict liability or otherwise, for any direct,
indirect, incidental, consequential, or special damages arising out of or in any
way connected with access to or use of sentimenTrader.com, even if
sentimenTrader.com has been advised of the possibility of such damages,
including liability in connection with mistakes or omissions in, or delays in
transmission of, information to or from the user, interruptions in
telecommunications connections to the site or viruses.
sentimenTrader.com makes no representations or warranties about the accuracy or
completeness of the information contained on this website. Any links provided to
other server sites are offered as a matter of convenience and in no way are
meant to imply that sentimenTrader.com endorses, sponsors, promotes or is
affiliated with the owners of or participants in those sites, or endorses any
information contained on those sites, unless expressly stated. However,
sentimenTrader.com may receive compensation from the server sites which are
provided through links. sentimenTrader.com is the copyright owner of all text
and graphics contained on this website, except as otherwise indicated. Other
parties' trademarks and service marks that may be referred to herein are the
property of their respective owners. You may print a copy of the information
contained herein for your personal use only, but you may not reproduce or
distribute the text or graphics to others or substantially copy the information
on your own server, or link to this website, without prior written permission of
sentimenTrader.com. Permission to use and reproduce documents and related
graphics available from this website is granted, provided that: (1) the below
copyright notice appears in all copies and that both the copyright and this
permission notice appear; (2) use and reproduction of documents and related
graphics available from this website is limited to personal, non-commercial use;
(3) no documents or related graphics, including logos, available from this
website are modified in any way; and (4) no graphics, including logos, available
from this website are used separate from accompanying text. Use or reproduction
for any other purpose is expressly prohibited by law, and may result in civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
OTHER THAN AS SET FORTH ABOVE, ANY REDISTRIBUTION of the sentimenTrader.com web
site or the information contained therein, without the written consent of the
publishers of sentimenTrader.com, is STRICTLY PROHIBITED. Copying and/or
electronic transmission of the sentimenTrader.com web site or content is a
violation of copyright law.