TERMS OF SERVICE AGREEMENT
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 or
jason@sentimentrader.com to cancel your subscription.
Please note that NO REFUNDS ARE
GIVEN FOR MONTHLY OR QUARTERLY SUBSCRIPTIONS AFTER THE TRIAL PERIOD. You must notify sentimenTrader.com
via the above email addresses, or via fax at 763-497-9207 that you wish to
cancel at least 48 hours before your account is up for renewal.
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. Free trials are allowed for new subscribers only.
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.