Agreement
Accuracy of Information
and Timeliness of Delivery
Operating Limits and Force Majure
Disclaimer of Warranty and Limitation of Liability
Information, Not Recommendation
Risk
Unsuitability
Past Performance
Electronic Mail (Email)
Restrictions On Use
Limited License
Links To Us
Links From Us
Copyright Notice
Trademarks & Patents
Notification Of Copyright
Infringement
Modification Of These Terms
And Conditions
General
Severability
Entire Agreement
The End
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AGREEMENT
In this agreement “us”, “we” and “our”
refer to Positive Territory, Inc. “You” refers to the
subscriber, user or consumer of the information provided.
PositiveTerritory.com is offered to you based on your accepting
(without modification) the terms, conditions and notices contained
herein. By continued access and use this web site, you are considered
to have agreed to all such terms, conditions, and notices. The site
is operated by Positive Territory, Inc.
If you have any questions about this page, or any page, please contact
us.
Plain English Translation
Heads up and pay attention. This is what we are providing to you.
If you read none of the other disclosures or terms on the site,
read these pages. Our lawyers say we have to present the formal
legal language, but we added a plain English equivalent.
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ACCURACY OF INFORMATION AND TIMELINESS OF DELIVERY
While the information is believed to be accurate and analysis is
accurately computed, none of this information should be considered
as the sole basis in making investment decisions. None of the information
is guaranteed to be accurate, complete, useful or timely.
Our data source may become temporarily unavailable or our operations
center may suffer a catastrophic loss of service. Should this occur
we will notify you as soon as we can and your subscription will
automatically be extended two days for each unavailable day. In
no event are we liable for any direct, indirect, incidental, punitive,
or consequential damages of any kind whatsoever with respect to
a subscriber's actual investments or the loss of our service. We
are not responsible for source data errors.
Plain English Translation
We'll try to make it right and deliver it on time but we can't guarantee
it to you.
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OPERATING LIMITS AND FORCE MAJEURE
You understand and agree that temporary interruptions may occur as normal events and that we are not liable for such interruptions. You further understand and agree that we have no control over the manner of your access to our service and as such, delays and disruptions of other networks are beyond our control.
We are not responsible for any failure of performance if such failure is due to any cause beyond our reasonable control. Causes beyond our reasonable control include Acts of God, fire, explosion, vandalism, terrorism, the loss of power or data connections, hail storm, rain storm, sand storm, snow storm, wind storm, hurricane, typhoon or other similar occurrences.
Also beyond our reasonable control are any laws, orders, regulations, directions, actions, or request by any competent government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of service in compliance with the state and/or federal law, rules and regulations, or delays caused by you or your equipment.
Plain English Translation
We're responsible for what we can reasonably control. If your manner or method of access fails it isn't our responsibility. Neither are we responsible for changes in laws, rules, etc.
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DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Information is provided "as-is" without warranty disclaiming all warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the service will continue, or be error free, or that defects will be corrected.
You expressly understand and agree that we are not liable to you for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or any other tangible or intangible losses.
Our liability and your sole remedy for termination of service (including complete non-performance) is a whole month pro-rata refund of your account based on the number of unused whole months. A refund, if warranted, will only be made the account that made payment for the subscription.
Exclusions and Limitations - Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Plain English Translation
We'll try to make it right, but our data suppliers do not guarantee it to us so we can't guarantee it to you. If we stop providing the information we owe you for whole months of unused service paid to the same place that paid us.
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INFORMATION, NOT RECOMMENDATION
We provide financial data for informational purposes only. We are
NOT a registered investment advisor, are NOT a certified financial
planner, and are NOT licensed to act as a broker of securities of
any kind. The information provided herein is general and impersonal
in nature, is NOT tailored to any specific portfolio, any subscriber's
particular needs, or specific applicability for an individual financial
situation or environment.
Plain English Translation
We report the accumulated results of technical
analysis on publicly available primary
data. The data is generally the same as may be located at Money.CNN.COM,
MSN Money, Yahoo Finance or comparable source. We do not make recommendations
on issues.
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RISK
You assume all risk associated with investment decisions made based
on information we provide. It is our policy to never advocate the
purchase or sale of any individual investment vehicle to any individual.
We (the company, our officers, directors and employees) may be active
investors in the market and may or may not have open positions in
any issue.
We advise you to verify pricing and other information prior to any
financial transaction.
Plain English Translation
Our subscribers understand, acknowledge and agree that any investment
is characterized by an element of uncertainty and risk. Hence, any
investment involves risks for which the subscriber is solely responsible
and liable. You, and only you, are responsible for your own investments.
We might be buying or selling the same issues.
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UNSUITABILITY
Some issues
described will be unsuitable for some subscribers. Some issues
are not regulated or registered. Our service is not an offer or
solicitation in any jurisdiction. Nothing on our web site or emails
constitute in any way a solicitation nor incentive to the public
to sell or buy shares, derivatives or any particular investment.
Plain English Translation
We do not provide financial advice to subscribers regarding their
individual financial situation. We recommend subscribers consult
with a professional personal financial adviser that has full knowledge
of the subscriber's personal financial situation prior to the commencement
of individual investing.
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PAST PERFORMANCE
Past positive performance does not guarantee future positive performance.
Plain English Translation
We'll say it again.
Past positive performance does not guarantee
future positive performance.
and again
Past positive performance does not
guarantee future positive performance!
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ELECTRONIC MAIL (EMAIL)
By subscribing you agree to our terms of service
and request that we send you email on a regular basis. What we send
is NOT unsolicited, bulk email also known as “spam”.
We are not responsible for delays in email or non-delivery of email,
If email to your primary email address is returned to us we will
attempt to resend to your secondary email address with a note about
your primary email address. If the secondary email address is returned
as undeliverable your account will be suspended until you contact
us.
Plain English Translation
We're not spammers. If your spam blocker or internet service provider
stops us that isn't our fault. Remember, you can download from the
web site if the email does not get through.
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RESTRICTIONS ON USE
All materials provided by us are protected by copyright, and owned or controlled by us or third-party providers. The materials are provided for your use only and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any purpose lawful or not.
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these terms of service. Such a breach may result in suspension or termination of your subscription and may be referred to law enforcement authorities. Unauthorized access to restricted areas is a material breach of these terms of service whether or not such activities are a specific violation of law. You are required to take adequate security measures to prohibit others from unauthorized use of your subscription. You must take prompt remedial measures after receiving notice of breaches or potential breaches of security.
Plain English Translation
You can do almost anything you want with the information or data
you paid for except provide it to someone else or do something illegal.
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LIMITED LICENSE
Permission to use the information we provide is granted, provided
that the material is unmodified, for non-commercial or personal
use, and the copyright notice, trademark notice and this limited
license appear.
Except as provided above, no part of what we provide may be altered,
broadcast, converted, copied, displayed, distributed, downloaded,
duplicated, exploited, licensed, performed, photocopied, reproduced,
republished, posted, retransmitted, translated, transmitted, uploaded,
or used to create derivative works, without our prior written consent.
Plain English Translation
You can't profit from our work without our permission. Financially
related user groups are defined to be non-commercial, but you still
can't forward it to the group.
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LINKS TO US
If you find our content useful you may publish in a public venue
links to any public page written in hypertext markup language (HTML).
Links to non-public areas, data files or direct to images, are prohibited.
Plain English Translation
Bookmarks in web browsers are personal, not published. If you publish
a link it had better be to a public HTML page
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LINKS FROM US
From time to time we may publish links to other sites we believe
may be of interest or value to our subscriber. Publishing does not
imply express or implied warranty, suitability or any form of endorsement.
We have no control or responsibility for the content of those sites,
their accessibility or continued availability.
Plain English Translation
If we find something interesting we might, or might not, let you
know about it. If we do, we don't guarantee anything about it.
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COPYRIGHT NOTICE
The contents of all material available here are copyrighted by
Positive Territory, Inc. unless otherwise indicated. All rights
are reserved by Positive Territory, Inc. and content may not be
reproduced, downloaded (except in the normal course of web site
visitation), disseminated, published or transferred in any form
or by any means, except with the prior written permission of Positive
Territory, Inc. All rights reserved.
Plain English Translation
A bunch of us worked hard and long on this and you can't take it
away except the ways we agreed upon.
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TRADEMARKS & PATENTS
The names, trademarks, service marks and logos of Positive Territory, Inc. appearing on this site are the sole property of Positive Territory, Inc. and may not be used without the prior express written permission of Positive Territory, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. Multiple elements are protected by patents pending.
Plain English Translation
It took a long time to develop the name, logos and concepts underlying Positive Territory and you can't use them without our permission.
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NOTIFICATION OF COPYRIGHT INFRINGEMENT
We investigate notices of copyright infringement. If you believe
that your work has been used or copied in a way that constitutes
copyright infringement and appears on our web site please notify
us immediately. As we understand Title 17, United States Code, Section
512(c)(3), claims of infringement must be provided by a written
communication addressed to the designated agent (see below) and
include all of the following information:
a) WHAT - A description of the copyrighted work (or works) that
you claim have been infringed ("infringed work") and identification
of what material in such work(s) is claimed to be infringing ("infringing
work") and which you request to be removed.
b) WHERE - A description of where the material that you claim is
infringing is located on the Site. A uniform resource locator (URL)
is the best description.
c) WHO – We need to know how to contact you. Ideally this
is a physical address, telephone number, and email address.
d) BELIEF - A statement by you that you have a good faith belief
that the use of the material identified in your notice is not an
authorized use by the copyright owner, an agent of the owner, or
by action of law.
e) ACCURACY - A statement by you that the information in your notice
is accurate and, under penalty of perjury, that you are the copyright
owner or an agent authorized to act on behalf of the copyright owner.
f) SIGNATURE - A physical or electronic signature of the owner,
or the agent of the owner, or such other person authorized to act
on behalf of the owner of the copyright interest involved.
For notice of claims of copyright infringement, we can be reached
via the physical address on the contact us
page.
Plain English Translation
If you think we swiped something of yours you have to tell us what
it was, where we used it, who you are, and where we can contact
you. We'll check it out and get back to you.
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MODIFICATION OF THESE TERMS AND CONDITIONS
We reserve the right to change this agreement by revising the
terms and conditions contained herein. You are responsible for regularly
reviewing these terms and conditions. Such changes, modifications,
additions or deletions are effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting
on our web site, or by electronic mail or conventional mail. Continued
use of our web site following any such changes constitutes your
acceptance of such changes.
Plain English Translation
We might make changes. If we do we'll publish them here and notify
you. Probably a good idea to review these terms of service from
time to time.
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GENERAL
This agreement is governed by the laws of the State of Illinois.
You consent to the exclusive jurisdiction and venue of courts in
Illinois in all disputes. Use of this web site is unauthorized in
any jurisdiction that does not give effect to all provisions of
these terms and conditions, including (without limitation) this
paragraph.
Plain English Translation
If we can't resolve a problem between you and us you need to work
with the laws of Illinois.
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SEVERABILITY
If any part of this Agreement is determined to be unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the Agreement shall
continue in effect.
Plain English Translation
If one part becomes invalid the rest of the agreement is still valid.
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ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and
us. This agreement supersedes all prior communications and proposals,
oral or written, regarding the agreement.
A printed version of this agreement and of any notice given in
electronic form will be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Plain English Translation
Although we may include part of these terms elsewhere, this is where
the buck stops, the last word, the gold standard. Even though this
is presented in an electronic medium, a printed copy of these pages
is as good as had it been provided in a printed medium in the first
place.
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END
Plain English Translation
Das ist alles, fin, fini, finis, finito, stoi, todt, das Ende, the
end. |
