Terms of Service
1. GRANT OF LICENSE.
(a) Licensor grants to you a nonexclusive license to have access to information included in the
subscription, membership, product or service for your own personal use during the period of your subscription or membership. The information the subscriber has access to during the subscription (the "Information") is only authorized for a single computer terminal and IP address, one mobile device and one email account. If the subscriber has access to information from a network, different locations, or multiple email accounts, then multiple subscriptions or purchases are required, one per device, location and email account. The information SHALL BE USED FOR TRAINING AND EDUCATIONAL PURPOSES ONLY. As training, educational or eLearning material IT SHALL NOT BE USED TO TRADE OR INVEST IN THE FINANCIAL MARKETS. The Licensor does not grant to you permission to use the information to trade or invest in the stock market, including but not limited to your own account, or asset management on behalf of other individual(s) or companies. As a subscriber you may be entitled to use the information to trade your own account only as a subscriber to 'Trading for a Living', or on behalf of other individual(s) or companies as subscriber to 'Wealthy investors and Fund Managers' under written permission by Licensor chairman. In licensing the information on a monthly, multi-year or other periodic basis, under a subscription, lease or similar arrangement (the "Subscription"), your right to access the Information, unless renewed, terminates at the expiration of your Subscription, and may be terminated by Licensor immediately if you fail to make any required payment, violate any of the existing agreements, or threat the licensor to eventually do so under any form. This Agreement and the license granted may not be transferred, assigned, leased, shared, rented, sub licensed or otherwise transferred by you. In no event shall the Information be used by you for, or in connection with any unlawful purpose.
(b) The Licensor Information is made available to the subscriber as a ‘pay-per-view’ plan, where you are granted the right to view the Information during the subscription period according to the features described on the Licensor web site for a corresponding fee. The subscriber is not allowed to copy, store, transfer, share, photograph or to reproduce Licensor Information exclusive property of the Licensor unless the Licensor grants the permission to do it under written statement. The subscriber cannot state or imply the Licensor endorses him that the use of any Licensor's product or service will guarantee profits, or minimization of losses. This license may be terminated by Licensor at any time, for any reason, without notice to you of such termination. IN NO EVENT MAY ANY OF THE INFORMATION BE DISSEMINATED FOR ANY EXTERNAL USE.
(c) The Licensor may provide passwords and web links (your "Password") for your own personal use only granting access to the Information. You agree to keep your 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 provide a Password, Licensor may implement measures to verify your compliance with the terms of this Agreement. The subscriber accepts the eventual need to install software from third parties to have access to Licensor Information. The subscriber is fully responsible to evaluate and to comprehend, whether he has the appropriate hardware, software or any other type of requirements which allow him to have access to the Information.
(d) You agree to (i) provide accurate, current and complete information about your person, and (ii) to update this information, your profile, regularly on a bi-weekly basis. You may update your personal information on Licensor web site, or by filling in a form made available to you online, or by sending an email in the last case. You agree to provide material evidence upon request, by the use of images, broker statements or a letter in name of your broker, accurate information regarding the total available capital before and during your subscription period. This information to be made available to Licensor upon request, shall not include any other personal confidential information such as the subscriber brokerage account number. The Licensor justifies the need to request, to get, to update and to obtain this information regularly from you since price of services depend upon the actual capital on your trading account at all the time. Furthermore, as mentioned in 1(a) no subscriber can get involved in live trading without written approval by Licensor chairman.
(e) This license granted to you may be terminated by the Licensor at any time, without notice, if you violate any of the terms, conditions or provisions of this Agreement.
2. OWNERSHIP AND COPYRIGHT.
The Information is property of the Licensor. The Information has been assembled, formatted and supplied by Licensor, and is being offered by Licensor pursuant to this agreement. The Information was developed, compiled, prepared, revised, selected and arranged by Licensor 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 industrial property and trade secrets, and are protected by European copyright laws and international treaty provisions as well as other intellectual property laws and treaties. All title and copyrights in and to the Information and any accompanying materials are owned by Licensor. You agree not to duplicate, store, reproduce, publish, retransmit or redistribute the Information, as otherwise specifically permitted by this Agreement. You may not directly or indirectly offer or transmit all or any portion of the Information to third parties whether by way of subscription, license, sale or otherwise. You may not modify, translate, reverse engineer, de-compile or disassemble the Information.
To the extent, if any, that Licensor has agreed to pay your Subscription fees based upon your use of its services, these provisions will not apply to you.
(a) In exchange for the Information made available to you related to your subscription or purchase, you agree to pay all applicable fees as displayed in Licensor web site or otherwise made available to you. Except if there is an addendum to this agreement between you and the Licensor, all fees payable to Licensor are due in advance, and no information shall be made available to you until the Licensor receives full, non-conditional payment of all applicable fees, including credit card payment verification, approval and clearance. Any and all applicable taxes (that are not expressly included in the price for no additional charge), shall be your responsibility and paid by you in full and on a timely basis.
(b) Cancellations and modifications: the Licensor does not offer refunds. You are not entitled to receive a refund. Upgrades and renewals are not refundable. Subscriptions, including all products and services, cannot be canceled by the subscriber without paying the full amount. Prepaid subscription fees, setup fees and commitments are non-transferable and non-refundable, except if there is an addendum to this Agreement between both parts
(c) Payment by Credit Card: It is not available for all products and services. It is limited to four thousand and five hundred US dollars. You must add 4% to the service final price when paying by credit card. You have the option to pay by wire transfer avoiding costs with transactions.
(d) Payment by wire transfer: mandatory when the price of the service is equal or higher than four thousand and five hundred US dollars. The Licensor accepts payments in name of the subscriber.
(d) Overdue Payments: in the event of overdue payments the service is immediately interrupted or terminated depending upon Licensor decision. Furthermore, in this event the subscriber must pay all overdue fees plus all remaining fees if applicable until expiration date plus a charge corresponding to twenty percent of the total price of the subscription is applied. Overdue payments result in a service charge fee of the maximum allowable returned check fee under Portuguese law. You shall thereafter be charged interest at the maximum legal interest rate on any unpaid balance. Licensor will exercise its right to recover from you all reasonable expenses incurred in connection with collecting overdue amounts, including, but not limited to reasonable costs and attorney’s fees.
4. PROFESSIONAL / NON-PROFESSIONAL STATUS.
To qualify as a Non-Professional you must comply with all conditions:
(a) You are entering into this Agreement in your own individual capacity and not on the behalf of a firm, corporation, partnership, trust, association or pension fund.
(b) You shall use the information and service(s) solely in connection with your own individual personal investment activities for educational and training purposes only, and not in connection with any actual stock trading or business activities. You are allowed to use Licensor Information to paper trade on a regulated brokers account or virtual portfolio trading account only, which has to be in your own name.
(c) Your total trading capital is less than two million US dollars.
(d) You are not and you have never been a securities broker-dealer, stock market analyst, investment advisor, fund manager , futures commission merchant, commodities introducing broker or commodity trading advisor, registered representative of any of the foregoing, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing.
(e) You are not employed by a bank or an insurance company or an affiliate of either, or any other organization which performs business functions related to securities or commodity futures investment or trading activity.
If any of the foregoing statements are not true, then your status is Professional or "Pro" and you must register as such. A different pricing plan is applied to Professionas. If your status with respect to any of the foregoing statements is affected or changed in any way, you shall immediately notify Licensor in writing of such change of status. In addition to other remedies available to Licensor, you shall be liable to Licensor for the payment of a penalty not less than $250,000 (two hundred thousand and fifty US dollars) for the use of Information benefiting of Non-Professional status, plus any additional applicable penalty TO THE MAXIMUM EXTENT PERMITTED BY LAW. You understand and agree that all registration and biographical information you provide to Licensor relating to this issue may be examined by the applicable Exchanges and by the Licensor if necessary.
5. DATA ISSUES AND MODIFICATIONS.
If any of the Licensor Suppliers furnishing data or providing access to their web sites ceases to furnish it in a manner which is compatible with the Information or any receipt/transmission equipment software, Licensor may terminate the inclusion and delivery in the Subscription of as much Information 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 Information (which, among other things, determines the content of your subscription, 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
6. NO WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW LICENSOR 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.
7. NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES; LICENSOR'S AND SUPPLIERS TOTAL LIABILITY CAPPED.
IN NO EVENT SHALL LICENSOR 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 INFORMATION, OR ANY ERRORS IN THE INFORMATION, EVEN IF LICENSOR OR 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 INFORMATION, DATA AND SOFTWARE. YOU UNDERSTAND THIS AND FULLY ASSUME ALL RISKS AND CONSEQUENCES RELATING TO DATA AND SOFTWARE ERRORS AND INFORMATION INACCURACIES OR INCOMPLETENESS. YOU ACCEPT THAT EVEN THOUGH THE SOFTWARE AND DATA SUPPLIERS ARE GRANTED RIGHTS AND PROTECTIONS UNDER THIS AGREEMENT, SUPPLIERS ARE NOT PARTIES TO THIS AGREEMENT AND NO RIGHTS ARE BEING CREATED IN YOUR FAVOR THAT MAY BE ENFORCED BY YOU AGAINST ANY SUPPLIER. 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 SUPPLIERS TO YOU RELATING TO ANY CLAIM YOU MAY HAVE IN ANY MANNER RELATING TO YOUR SUBSCRIPTION, THE SOFTWARE, DATA OR INFORMATION, 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 MONTH AT THE TIME THE LIABILITY ARISES. THIS IS VALID FOR MONTHLY, SIX MONTHS, THREE YEARS OR ANY OTHER TIME FRAME WHERE A MAXIMUM LIMIT OF ONE (1) MONTH IS APPLIED AT THE TIME THE LIABILITY ARISES.
NO WARRANTY ON DATA; OTHER TERMS REGARDING DATA. ALL INFORMATION, HEREIN REFERRED TO ‘DATA’ IS PROVIDED "AS IS." LICENSOR DATA IS DERIVED FROM SOURCES WHICH LICENSOR AND DATA SUPPLIERS DEEM USUALLY RELIABLE. BUT NEITHER LICENSOR NOR 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 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. Your right to receive all or a portion of the Information 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.
8. USING THE INFORMATION TO MAKE INVESTMENT AND TRADING DECISIONS
All Information may contain errors, and all financial market and similar databases and services, 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 AS BETWEEN LICENSOR AND DATA SUPPLIERS ON THE ONE HAND, AND YOU ON THE OTHER, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE SOFTWARE AND/OR THE INFORMATION 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 SOFTWARE AND DATA ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED, YOU AGREE THAT NEITHER LICENSOR OR ITS AFFILIATES NOR DATA SUPPLIERS OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES. Licensor information contains mere opinions and none of the information contained therein constitutes a recommendation by the Licensor that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand the Licensor will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in Licensor information may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. The Licensor past results are not necessarily indicative of future performance. Trades in accordance with recommendations, especially in leveraged investments such as foreign exchange trading and investments in derivatives, can be very speculative and may result in losses as well as profits. Licensor shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information contained in any sort of information provided by the Licensor.
You shall indemnify and hold harmless Licensor and each of its suppliers, and 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 any of the Software and/or any of the Information,
(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 products and services you purchased and supplied by the Licensor,
(c) 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 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
(d) any false or misleading information provided by you to Licensor, any of the Suppliers, and/or affiliates as well as modification of Licensor information by your person without Licensor written permission.
10. SERVICE SUPPORT; OTHER PRODUCTS AND SERVICES; UPGRADES.
(a) Fees paid by you relate to temporary access to Licensor Information according to produtcs and services which features are described on Licensor web site or elsewhere made available to you, and not to other products or services. 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) You are fully responsible to decide which Licensor service or product is appropriate for your needs and you are responsible to investigate what is and what is not included in the product and service you are subscribing to.
11. FORCE MAJEURE.
The performance by Licensor and each of its Suppliers of this Agreement including delivering availability and use of the Software and the Information pursuant to your Subscription, shall be excused (without creating liability of any kind to Licensor or any 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 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 Licensor (Chairman or Chief Executive Officer).
14. 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 Licensor.
15. CHOICE OF LAW AND VENUE.
This Agreement shall be deemed to have been made in the state of Oporto, country of Portugal and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of Portugal. Venue for any dispute involving or relating to your product or service shall be proper only in Portugal, except if waived by Licensor in writing in its sole and absolute discretion, and except that any dispute between you and any Supplier (which does not include Licensor) shall be proper only in the county where the principal executive office of such Supplier is located.
16. ADDITIONAL IMPORTANT INFORMATION AND DISCLAIMERS
Investments involve risks, including possible loss of principal and other losses. LICENSOR INFORMATION SHALL BE USED FOR TRAINING PURPOSES ONLY HELPING YOU TO ACQUIRE A BETTER UNDERSTANDING OF FINANCIAL MARKETS. 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 can account for these differences. Also, you should be aware that certain commonly used trading or any type of "jargon" including but not limited to trading terms, such as, for example, a "limited risk" position, "unlimited profits", should not be taken literally. Licensor assumes no responsibility for your trading or investment decisions. Licensor does not promise, nor guarantees that any suggestions, opinions, ideas, systems, strategies, all material and information available to you will eventually result in a profit, loss, or any other desired result. You assume all risk, including but not limited to the risk of losses. Beyond Trading are registered or unregistered trademarks or service marks of Licensor. In certain cases, registrations may be pending. The Information and their descriptions may also contain other trademarks of Licensor or its affiliates as registered and unregistered trademarks and service marks of Suppliers, and trademarks, service marks and trade names of other companies.
YOU HEREBY AGREE TO ACCEPT NOTICE OF ANY CHANGE MADE TO THIS AGREEMENT BY THE POSTING OF SUCH INFORMATION ON THE SITE, OR BY INCLUDING A WEBLINK TO THE DOCUMENT OR BY EMAIL, AS DETERMINED BY BEYOND TRADING IN ITS SOLE DISCRETION.
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