PLEASE READ CAREFULLY.
THIS AGREEMENT DESCRIBES THE TERMS OF ACCESS FOR THIS WEBSITE. BY ACCESSING AND USING THE WEB SITE, YOU HAVE AGREED TO THESE TERMS.
THE RISK OF LOSS IN TRADING COMMODITY FUTURES, OPTIONS AND OTHER DERIVATIVES CONTRACTS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES.
- Scope of Service: The contents of this website (the “Service”) are provided by ICAP Technical Analysis, a division of ICAP Corporates LLC, or its affiliates (collectively “ICAP”). You agree that nothing in the Service will be relied upon as investment advice or a trade recommendation. The technical research reports and other information and analysis that comprise the Service have not been tailored for personal or specific circumstances, and are for informational and educational purposes only. In no event will ICAP be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the Service.
All information provided by the Service is obtained from sources believed to be accurate and reliable. However, ICAP has not audited or verified this information, and there may be delays, omissions, or inaccuracies in such information. ICAP does not warrant the accuracy, completeness, timeliness or utility of the information available through the Service.
The trading of futures contracts, options on futures contracts, and other derivatives and financial instruments involves substantial risk and is not suitable for all potential users of the Service. You should be aware of the risks inherent in the futures and derivatives markets. Past results are not necessarily indicative of future results. You cannot assume that profits or gains will be realized or that any transaction will be profitable. The purchase or sale of futures and/or options and/or other derivatives using information contained herein may result in the loss of some or all of or more than any investment made. You assume the entire cost and risk of any investing, hedging and/or trading you choose to undertake.
ICAP personnel may, for themselves, for ICAP or for customers, buy, hold, or sell a position in a futures or options contract or other derivative which is discussed, or whose market is discussed, by the Service. Such positions may be similar to, or opposite to, the positions or market movements discussed in the Service.
- Scope of Agreement: Under this Agreement, ICAP furnishes the Service to registered subscribers or authorized users (“you” or “subscriber”). By selecting “I ACCEPT” when registering or if you use the Service, you agree to be bound by this Agreement. The term “use” means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service.
This Agreement supersedes any prior agreements regarding its subject matter. Whenever new products or services become available, your use of them will be under this Agreement unless the terms of this Agreement are changed. You must comply with any additional terms which apply to third-party content, software or other services. ICAP may change this Agreement at any time it chooses. When the terms are changed, notice of the change(s) will be posted on our website or sent to you via electronic mail. Additionally, the new version of the Agreement will be posted on ICAP’s web site for your review. By continuing to use the Service, you agree to be bound by the changes in the new version of the Agreement. If any change is not acceptable, you may terminate your subscription as described below.
- Subscription Information: You will provide ICAP with accurate and complete registration information and advise ICAP promptly of any changes. If you do not, you will be in breach of this Agreement, allowing ICAP to immediately terminate your subscription and use of the Service. When you register, you will receive a user name and password which ICAP may assign or allow you to select. You may not select a user name which violates anyone’s rights or one, which in ICAP’s sole discretion, ICAP considers offensive, improper or inappropriate. If you do, ICAP can modify or delete it.
- Copyright and Limitations on Use: The Service is the property of ICAP and may only be displayed, formatted and printed for your own use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information, charts, or drawings received through the Service to anyone without ICAP’s prior written consent. You are not authorized to post any content from the Service to web page, news group, mail list or electronic bulletin board, without ICAP’s prior written consent.
You also agree that you will not give out your user name or password. ICAP will cancel any subscription, without refund, if ICAP discovers that a subscription account is being used by more than one person or firm, or if a user name or password is given to another person or firm.
- Failure to Access Service: You agree that ICAP is not responsible for your inability to log on to the Service, either because of poor Internet connections, incorrect typing of user names or passwords, and/or browser incompatibility. ICAP will make every effort to ensure that its servers remain operational with adequate performance and response time. However, there may be times when ICAP’s servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither ICAP, nor ICAP’s suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by ICAP’s negligence.
- Indemnification; Governing Law; Jurisdiction: You agree to defend, indemnify, and hold ICAP, its employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorney’s fees), in connection with or arising from your breach of this Agreement.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone else. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement shall be deemed to have been made in the State of New York, and shall be governed by the laws of the State of New York, exclusive of its rules governing choice of law and conflict of laws. The parties expressly stipulate to the exclusive jurisdiction of federal and state courts located in the Borough of Manhattan in New York, New York.