Terms of Service

Tradery Terms of Use

IMPORTANT - PLEASE REVIEW CAREFULLY BEFORE USING ANY OF THE TRADERY SERVICES OR SOFTWARE.

Date of last revision: May 31, 2010. The most up to date version of the Terms of Use can always be found at http://www.tradery.com/license .

Welcome to Tradery. Tradery, Inc. (Tradery) provides financial, technical analysis and automated trading tools and services on the website at http://www.tradery.com ("SITE"), as downloadable software applications that can be installed and run on users' local hardware ("SOFTWARE"), through the Web API, and other content. All these will be collectively referred to as SERVICES throughout the remaining of the document.

Tradery provides those SERVICES to You, the user, subject to the following Terms of Use. Please read them carefully.

GENERAL PROVISIONS

This End-User License Agreement ("EULA") is a legal agreement between You (the USER) and Tradery which governs your use of services provided by the software running on the Tradery. website http://www.tradery.com ("SITE"), or by the software that will be downloaded from this website to your computer hardware ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may use the SERVICES provided on the SITE and download and run the available SOFTWARE on this website. By using the SERVICES, You agree to be bound by these Terms of Use. If you do not agree to the terms of this EULA, Tradery is unwilling to license the SERVICES offered on the SITE or the SOFTWARE to you. In such case, you may not use the SITE or SOFTWARE.

Tradery reserves the right, at its sole discretion, to change or delete portions of these Terms of Use at any time without further notice. Your continued use of the SERVICES following the posting of such changes will constitute your agreement to all such changes. Please periodically visit this section of the site to review the current version of these Terms of Use.

OWNERSHIP

All rights, titles and interest in the SITE, SOFTWARE and the files associated therewith are owned by Tradery. The foregoing rights to the SOFTWARE are limitedly licensed to you as mentioned in the LICENSE section. Nevertheless, this provision should not be construed as an expression to assign or sell any copyrights or any other intellectual property rights to the SITE or SOFTWARE from Tradery. to You.

COPYRIGHT

All content included on http://www.tradery.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tradery or its licensors and protected by United States and international copyright laws. The compilation of all content, design and layout of this site is the exclusive property of Tradery or its licensors and protected by U.S. and international copyright laws. All software used on this site or available for download is the property of Tradery. or its licensors and protected by United States and international copyright laws.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

TRADEMARKS

All trademarks and service marks on the site belong to Tradery or its licensors, except third party trademarks and service marks, which are the property of their respective owners.

LICENSE AND SITE ACCESS

Tradery grants you non-exclusive and limited license to access and make personal use of the Tradery SERVICES.

Except as expressly stipulated above, Tradery does not grant you any license relating to the SITE, SOFTWARE and SERVICES.

Tradery grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tradery so long as the link does not portray Tradery, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tradery logo or other proprietary graphic or trademark as part of the link without express written permission.

You are not allowed to download (other than page caching) or modify the software running on the SITE, or any portion of it. The SITE usage shall be limited exclusively to resources and services available through the authorized creation of up to 5 (five) Tradery accounts per user

You are not allowed to gain unauthorized access to any portion of the SITE, SOFTWARE, data or account information not belonging to you or disrupt the proper functioning of the SITE.

This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This SITE, or any portion of it and the SOFTWARE may not be modified, reverse engineered, disassembled, decompiled, used to create any derivative software, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tradery. You may not use any meta tags or any other “hidden text” utilizing Tradery’s name or trademarks without the express written consent of Tradery. Any unauthorized use terminates the permission or license granted by Tradery.

Tradery reserves the right to limit any user's access to the SERVICES, including but not limited to providing only partial access to the SERVICES and all other content, or even fully revoking all access rights and denying access to any of the SERVICES to any user, for any reason and at any time, with or without notice.

USE OF DOCUMENTS AVAILABLE ON THE SITE

Notwithstanding anything to the contrary herein, unless otherwise noted in a particular document, Tradery hereby authorizes you to electronically copy or print in hard copy any document published by Tradery on the site solely for evaluation purposes within your organization or for your own personal evaluation use. User guides and other software documentation available on the site may be used for evaluation purposes only. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided on the site without prior written approval from Tradery or the appropriate supplier or licensor is strictly prohibited.

Certain documents published on the site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

LINKING AND FRAMING

You are permitted to view the SITE only in its full presentation form and are prohibited from "framing" the site. If you establish any links to our site, please keep in mind that in order to avoid confusion, your web site, and the link itself, may not suggest that Tradery endorses, sponsors or is affiliated with your web site, service or product. If you establish a "deep link" to any page other than our home page, you should let us know by sending an email to info@tradery.com with the URL of your Web page that contains the link. If we consider the link to be inappropriate, we reserve the right to require you to remove the link or relocate it to our home page located at http://www.tradery.com.

LINKS TO THIRD PARTY SITES

Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Tradery, and Tradery is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

MODIFICATION AND TERMINATION

Tradery reserves the right to modify, change or discontinue the Services at any time

USER FEEDBACK AND IMPROPER TRANSMISSIONS

If you transmit to or otherwise provide to Tradery any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. Tradery shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Tradery, you are deemed to grant to Tradery a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

You are prohibited from posting or transmitting to the site, including our discussion forums, any unsolicited chain letters or “spam”, or any confidential, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, any material that would violate the rights of privacy of any person, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, Tradery will have no liability related to the content of any such communications. You are prohibited from posting on the site any User Feedback or communications, in which you do not own the copyright, unless you have consent from the owner or the content is in the public domain.

You may not post or transmit to the site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.

You are also prohibited from impersonating any individual.

Tradery may, but is not obligated to, review or monitor areas on the site, if any, where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. Tradery is not responsible for the accuracy of any posted information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums

PRIVACY POLICY

Tradery, Inc holds a strict privacy policy with regards to any information on file provided by the user for any product or service we provide. In no way, shape or form will any details concerning user information be disseminated to any party or entity other than affiliated providers i.e. brokerage houses, that may require customer information to service and execute trading for the Tradery automated system from their trading platforms to exchange terminals. All customer information, documentation and files are kept in the strictest of confidentiality unless or otherwise required for the system's technical application and formal installation for automated trading.

When you register for and use the tradery.com service, you will be asked to provide a user name, email and password and optionally other information ("User Data"). You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

DISCLAIMERS

THE TRADERY SERVICES ARE PROVIDED BY TRADERY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRADERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.

TRADERY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, E-MAIL SENT FROM TRADERY OR THE DOWNLOADABLE SOFTWARE ARE FREE OF ERRORS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE SITE OR ITS CONTENT AND THE INFORMATION AND MATERIALS CONTAINED HEREIN OR THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRADERY SPECIFICALLY INFORMS YOU THAT TRADERY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION. FURTHER, NEITHER TRADERY NOR ITS LICENSORS GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF MARKET DATA OR ANY OTHER MARKET INFORMATION OR MESSAGES DISSEMINATED BY ANY PARTY AND MADE AVAILABLE OR USED IN CONNECTION WITH ANY OF THE FINANCIAL OR TECHNICAL ANALYSIS TOOLS IN THE SITE OR SOFTWARE

Tradery.com makes no promises that the content or services will be delivered to you uninterrupted, timely

Please remember that the Tradery.com web site provides financial and technical analysis tools to you to facilitate your own investment decisions. It does not provide any specific trading or investment advice or recommendations. Any interpretation of data presented that leads to an investment is at your own risk and Tradery will not be responsible for any losses that occur from such investments.

Tradery does not make any representation that using any of the tools or SERVICES or following any of the techniques available on the site, you will achieve any specific performance targets in your financial activities. Tradery.com believes that the best person to handle your finances is YOU and by your use of our SERVICES, you are agreeing that you bear the entire responsibility for your financial decisions and any financial gains or losses arising from them.

You agree that under no circumstances will Tradery.com be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any content on its site. This includes, but is in no way limited to loss, financial or otherwise, or injury caused in whole or in part by using this site.

Tradery.com relies on various sources of information that we believe to be accurate and reliable. However, we make no claims or representations as to the accuracy, completeness, or truth of any material contained on our site. All information and content provided on Tradery.com is to be used on an "as is, with all faults, we're not perfect" basis.

LIMITATION OF LIABILITY

NEITHER TRADERY NOR ITS LICENSORS WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO UNREALIZED FINANCIAL PROFIT OR FINANCIAL LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TRADERY AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

You agree that Tradery.com will not be liable for the consequences of any investment decision made or action taken by you or others based upon reliance on news, information, or any other material or service published by Tradery.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Tradery and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

ELIGIBILITY

You may not use the Tradery.com Service if you are under 13.

CONCLUSION

The Terms of Service document constitutes the entire agreement between you and Tradery and governs your use of the SERVICES, superseding any prior agreements between you and Tradery with respect to the SERVICES. If any provision in this Terms of Service is invalid or unenforceable, the remaining provisions will continue in full force and effect. This Terms of Service is and always will be governed by the laws of the United States of America and the State of California.