Web Site Subscriber Agreement and Terms of Service Between Subscriber and Sundial Capital Research Inc., doing business as 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 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 regularly scheduled reports and newsletters delivered by email or posting on the World Wide Web areas that can be password-protected. The newsletter provides commentary and information on stocks, bonds, other securities, options, futures, and general financial markets. Additionally, SentimenTrader.com also engages in the development of research software for securities trading-related activities.
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 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 work. However, if suspicious behaviour is apparent (i.e., shared passwords among users), the subscriber will forfeit all paid subscription dues, and access will be terminated. Password- sharing is prohibited, 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 "Sundial Capital Research,” subject to change. Payment for a subscription is due in advance and will be charged to the subscriber’s credit card before the period selected. Renewal of your subscription is automatic, occurs every 30 calendar days for monthly subscriptions or 365 days for yearly subscriptions and will continue until you notify [email protected] to cancel your subscription (if you do not receive a confirmation within 48 hours, please re-send your request). Please note that NO REFUNDS ARE GIVEN FOR SUBSCRIPTIONS. You must notify SentimenTrader.com via the above email addresses that you wish to cancel at least 48 hours before your account is up for renewal. 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 credit card company rejects the charge, SentimenTrader.com reserves the right to terminate your subscription and 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. You are solely responsible for maintaining the confidentiality of your username and password. If you believe that your information is no longer secure, you agree to notify SentimenTrader.com and promptly change your username and password.
5. Representations and Warranties
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 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 provide your information to access SentimenTrader.com.
e. All materials displayed or performed on 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 in any Content accessed through the Services. SentimenTrader.com is protected by copyright as a collective work and compilation under 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 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 any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from SentimenTrader.com or the copyright holder identified in such Content's copyright notice
g. You understand that parts of the Content and 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 third-party providers and suppliers guarantee such information's accuracy, completeness, or timeliness. 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 to it. By accepting this agreement, you expressly accept the use of third-party providers.
h. SentimenTrader.com makes no representation that the Services provided are appropriate for any geographical locations or jurisdictions. SentimenTrader.com reserves the right to limit the site’s availability 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.
i. The Subscriber shall not transfer, distribute, or otherwise make available any Data, or Documentation obtained from SentimenTrader to any Affiliate or third party, without obtaining specific prior written approval from Sundial Capital Research Inc.
j. Any conclusions, analyses, or findings derived from the use of Data or Derived Items shall be considered confidential information. Disclosure or sharing of such conclusions, internally or externally, requires prior written approval from Sundial Capital Research Inc.
k. The Subscriber is expressly prohibited from publishing, disclosing, or distributing any evaluations, conclusions, or analyses derived from the Data, in any form or media, to any individual or entity, without the prior written consent of Sundial Capital Research Inc.
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 rights 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 the implied warranty’s length, so the above limitations may not apply to you.
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 that 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 limit certain features and services or restrict your access to parts or all services without notice or liability.
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 months on your subscription. In the event of a breach of this Agreement by you, SentimenTrader.com reserves the right to terminate your access without a refund immediately.
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 website 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 by 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 where the company is registered and reside. This Agreement shall be governed by the state’s laws where the company is registered and reside. Each party shall bear its costs and expenses and the arbitration's arbitrators' and administrative fees. 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 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.
a.Law. This Agreement shall be governed by the state’s laws where the company is registered and reside 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. Suppose any provision of this Agreement is invalid under any applicable statute or the rule of law. In that case, 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 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 parties' mutual understanding 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 website 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. They do not provide investment advice or recommendations directed to any particular subscriber or given the specific circumstances of any specific person. The information provided by SentimenTrader.com is obtained from sources believed to be reliable but is not guaranteed accuracy or completeness. Subscribers to SentimenTrader.com or anyone who buys, sells, or holds 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 investment or trading purposes without disclosing 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 legal or professional services by placing these general informational materials on SentimenTrader.com. SentimenTrader.com and its publishers expressly disclaim any liability, whether based on 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 are not meant to imply that SentimenTrader.com endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites endorses any information contained on those sites, unless expressly stated. However, SentimenTrader.com may receive compensation from the server sites provided through links. SentimenTrader.com is the copyright owner of all text and graphics on this website, except 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 separately 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 website 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 website or content violates copyright law.