Welcome to this ChartAdvisor.com web site operated by Investopedia ULC. By
visiting and using this web site you will be accepting these Terms of Use
("TOU"). Please read them carefully and if you disagree with the TOU in
any way, then do not use this web site. Chart Advisor reserves
the right to post changes to the TOU on this web site at any time, and by your
continuing to use the web site thereafter, you agree to be bound by the new
version of the TOU. If any TOU changes are not acceptable, you must stop
your use of this web site. In these TOU, "Chart Advisor" and "we"
refer to Investopedia ULC, and "User" or "you" refer to each visitor to
this web site. These TOU do not create any contractual or other legal
relationship between you and Investopedia Inc. which is a separate legal
entity.
If you subscribe to any services offered through this web site, you also will
be subject to additional terms and conditions ("Terms of Service" or "TOS")
applicable to such services, which will be brought to your attention at that
time.
Site and Services Access
We do not guarantee that access to or use of this web site or any
services will be uninterrupted or error free, and Chart Advisor shall not be
liable for any feature not being accessible or for any unavailability of its
web site and services. The web site and its features may be expanded,
limited or modified at any time by Chart Advisor to meet the needs of its
Users, or for technical or other reasons, without advance notice or
reason. We may also in our sole discretion, and at any time, discontinue
providing, temporarily or permanently, any or all of the web site, without
notice. To access some of the content or features of the web site or its
services, Users may need to enhance or update the hardware or software in their
computer systems. Chart Advisor assumes no responsibility for any failure
to access the web site or any services, partially or fully, whether due to the
User's system, the Internet network or any other cause.
Minors
We do not provide information or services to minors, and if you are
under 18 you may only use this site with the active involvement of a parent,
guardian or other supervising adult.
No Individual Investment Advice
This web site does not provide individual or customized legal, tax, or
investment services. Since each individual's situation is unique, a
qualified professional should be consulted before making financial decisions.
Web Site Content Limitations
We make no guarantees as to the accuracy, thoroughness or quality of
the information on this web site, which is provided only on an "AS-IS" and "AS
AVAILABLE" basis at User's sole risk. Chart Advisor shall not be
responsible or liable for any errors, omissions or inaccuracies in the web site
content. The information and investment strategies provided at this site
are neither comprehensive nor appropriate for every individual. Some of
the information is relevant only in Canada or the U.S., and may not be relevant
to or compliant with the laws, regulations or other legal requirements of other
countries. It is your responsibility to determine whether, how and to
what extent your intended use of the information and services will be
technically and legally possible in the areas of the world where you intend to
use them. You are advised to verify any information before using it for
any personal, financial or business purpose. The web site content and services
may be modified at any time by us, without advance notice or reason, and Chart
Advisor shall have no obligation to notify you of any corrections or changes to
any web site content.
License to Use Content
We grant you a limited personal use license to access, display, download,
format and print portions of this web site content solely for your own personal
non-commercial use, provided that the content is not modified and all
proprietary notices are kept intact. You may not reproduce, publish,
translate, merge, sell, rent, distribute the content, or create a derivative
work of the content on any other web site or as part of any educational,
training or reference materials. You may not frame or utilize framing
techniques to enclose any content on this web site.
Third Party Content
Any testimonials, opinions, advice, product or service offers, or
other information or content made available on or through this web site by
third parties ("Third Party Content") are solely those of their respective
providers and not of Chart Advisor which does not guarantee the accuracy,
completeness, reliability or usefulness of Third Party Content. It is the
responsibility of the User to evaluate Third Party Content and Chart Advisor
shall not be liable for any damage or loss caused by Users' reliance on or
other use of Third Party Content.
Materials Posted By Users
By posting or submitting any material, you will be (a) granting Chart
Advisor a world-wide fully paid-up non-exclusive license to allow your
materials to be edited and displayed by Chart Advisor on its web site, and
accessed by Users, for the purposes and on the terms in these TOU, (b) agreeing
to indemnify and hold harmless Chart Advisor and its Users from any claim or
demand made by any third party due to or arising out of your materials, and (c)
representing that you own or otherwise have the right to post the materials,
that the materials are accurate, that use of the materials on the Chart Advisor
web site does not violate any laws, and that the materials will not cause
injury to any person. Chart Advisor shall have the right to use your name
in connection with your posted materials.
Viruses
Chart Advisor does not guarantee that files available for downloading
through its web site will be free of infection or viruses or other code that
may have contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for integrity, security and accuracy of data input and output, and
for maintaining a means external to the site for the reconstruction of any lost
data.
Advertisers Are Not Endorsed
Though we seek to partner with quality companies, we are not
responsible for the claims or representations made by advertisers and sponsors.
Chart Advisor does not review, endorse or recommend the products or
services of any company mentioned on our site. We will not be liable in
any way for damages of any kind resulting out of the misuse of any personal
information or data submitted by you to an advertiser or sponsor.
Links
As a convenience to Users, the Chart Advisor web site and services may
provide links to other sites or resources. Because we do not review or
have no control over such sites and resources, Chart Advisor shall not be
responsible or liable for use of or reliance on any content, products, services
or information at such sites or resources. Inclusion of any links does
not imply any endorsement, affiliation, approval, association or sponsorship by
Chart Advisor of the linked web sites, resources, their operators or
owners. When you select a link, you may be leaving our web site.
The information available on third parties' web sites may have certain
restrictions on its use or distribution which differ from these TOU.
Password Protected Areas
Some areas of the Chart Advisor site ("Password Protected
Areas") are password protected and available only to Users who are registered
with Chart Advisor to have an account. Registration requires Users to
fully complete the account registration process. Chart Advisor reserves
the right to deny or revoke registration or access to Password Protected
Areas for any User. Chart Advisor takes reasonable measures to ensure the
security of the Password Protected Areas but cannot guarantee
the absolute security of information or communications in such Password
Protected Areas. Users are responsible for maintaining
the security of the password they receive from Chart Advisor and must notify us
if they believe that the security of their password or account has been
breached or subject to unauthorized use. Chart Advisor will not be liable
for any loss or liability incurred as a result of an unauthorized person using
a User's password.
Privacy
This web site may collect personal information from some Users. Because
Chart Advisor respects the privacy of its Users and their personal information,
it has established the Chart Advisor
Privacy Policy to protect your personal information.
Communications
When you visit our web site or send us email, our responses to your
communications will be by e-mail. All agreements, notices and
communications that we provide to you by email will satisfy all legal
requirements that they be in writing and delivered to you. Chart Advisor
will have the right to disclose any email sent by a User, or any objectionable
material, to comply with legal process or to protect the rights or property of
Chart Advisor, its customers, suppliers and Users.
Proprietary Rights
The Chart Advisor web site and its content are protected by copyright, trade
mark and other proprietary laws. See our
Copyright Notice.
Subscription Services
Although Chart Advisor offers subscription services in many parts of the world,
certain Chart Advisor services may not be available in or suitable for certain
countries or locales. We reserve the right to discontinue or to make
changes to, any of our services at any time without advance notice.
No Direct Or In-Direct Interest
No company discussed in the ChartAdvisor service is affiliated with
Investopedia ULC. At Chart Advisor we do not permit any of our analysts,
owners, employees or directors to own or exercise control or direction over, or
have any other direct or indirect interest in securities of any of the
companies featured in our model portfolios, nor do we permit any of our writers
to own or exercise control or direction over, or have any other direct or
indirect interest in securities of any of the companies featured in their
market commentary. Further, we do not feature a company in our model portfolios
or in our market commentary unless none of our analysts, owners, employees,
writers or directors have had any direct or indirect interest in securities of
such company for the previous six months. We would also remind you that as a
member of the service you are bound by our
Terms of Use.
Not Investment Advisers
We are not, and none of our analysts, owners, employees or directors is,
registered as a broker, dealer or an adviser.
DISCLAIMER OF WARRANTIES
CHART ADVISOR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE AND ITS
SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS
CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL CHART ADVISOR BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF
DATA, EVEN IF CHART ADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY,
STRICT LIABILITY OR OTHERWISE.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH JURISDICTIONS CHART ADVISOR'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
General
These TOU, and any applicable TOS, constitute the entire agreement between each
User and Chart Advisor governing the User's access to and use of the web site
and its services, and supersede all prior agreements regarding its subject
matter. The TOU shall be governed by the laws of the Province of Alberta,
Canada without giving effect to any principles of conflicts of laws. Each
User hereby attorns and agrees to the non-exclusive jurisdiction of the courts
of the Province of Alberta, Canada. The failure by a User or Chart
Advisor to exercise any right or to enforce any provision of the TOU shall not
constitute a waiver of such right or provision. If any provision of the
TOU is found by a court of competent jurisdiction to be invalid or
unenforceable, the court shall give effect to the intentions reflected in the
provision to the degree possible, and the other provisions of the TOU will
remain in full force and effect. It is the express will of Chart Advisor
and each User that the TOU and any applicable TOS have been prepared in
English. C'est la volonte expresse des parties que la presente convention
ainsi que les documents qui s'y rattachent soient rediges en anglais.