PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE OF THE APPLICATION TRIGGER FINANCE (THE "AGREEMENT") BEFORE USING THE
APPLICATION (THE "APP") OPERATED BY TRIGGER FINANCE INC. A DELAWARE CORPORATION (THE "COMPANY"). IN THIS AGREEMENT, YOU OR YOUR REFERS TO THE USER AND WE, US OR OUR REFER TO THE COMPANY.
YOUR ACCESS TO AND USE OF THE APP IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT WHICH APPLIES TO ALL VISITORS, USERS (AS DEFINED HEREIN) AND OTHERS WHO ACCESS OR USE THE APP. BY ACCESSING OR USING THE APP YOU AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THE AGREEMENT PLEASE DO NOT ACCESS OR USE THE APP.
SCOPE OF THE AGREEMENT
The Agreement governs any and all use of the APP and TriggerFinance.com website and any other website owned and operated by the Company or its affiliates or subsidiaries (individually, the “Site” or collectively the “Sites”), as well as all products (individually the "Product" or collectively the "Products") and/or services (individually the "Service" and collectively the "Services") available on the APP or Sites whether provided by the Company or third party providers. In the event the Products and/or the Services have a different agreement in place such agreement will prevail.
ACCEPTANCE OF THE AGREEMENT
The APP is a mobile phone application for informational purposes that allows the User to follow the performance of securities and to receive alerts when certain conditions created by the User are met and may provide any other service or offer or any other product in the future (the “APP”) . The APP is currently operated and owned by the Company. The App was designed and developed for individuals who are eighteen (18) years of age or older, or individuals under eighteen (18) years of age with parental or legal guardian's consent (individually the "User" and collectively referred to as the “User” or "you"). By using, linking or clicking the APP, or any of its icons or by posting advertisements in the APP, the User ascertain(s) that he/she knowingly and willingly agrees to be bound by the Agreement and that he/she may receive advertising from the APP and/or the Sites. The Agreement may be modified or amended by the Company at any time and in any way without need of any further notice to the User. By using or linking to the APP, the User accepts to be bound by any and all modifications or amendments to the Agreement. In the event the User disagrees with the Agreement or any modification or amendment thereto, he/she should immediately discontinue the use and any access to the APP. PLEASE READ THE AGREEMENT THOROUGHLY BECAUSE IT INCLUDES INFORMATION IN CONNECTION WITH THE LEGAL RIGHTS, DUTIES AND REMEDIES OF THE USER. SPECIFICALLY IT CONTAINS INFORMATION RELATED TO WARRANTIES, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS THE RESOLUTION OF DISPUTES.
The User agrees to provide the APP complete, accurate and current personal information for purposes of registration and creating an account (the “Personal Information”) as requested at any time in any of the pages or forms of the APP and to maintain updated the Personal Information. The User further agrees to safeguard and keep confidential at all times the User’s name, email and password provided to the App (the “Secured Information”) not allowing third parties to use in anyway the Secured Information. The User agrees to immediately notify in writing the Company by email to support@triggerfinance.
com of any disclosure or unauthorized use of the Secured Information by a third party. The User agrees to abstain from registering the APP on behalf of a third party or any group of individuals or any entity other than the User and from collecting, transmitting, selling, distributing, sharing or storing the Personal Information of any other User for any purpose including but not limited to commercial use, advertising, networking soliciting, buying/selling products/services or any unlawful use.
By providing the email to the APP the User agrees to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to the User's email address. Email notices will be provided in HTML (or if your system does not support HTML, in plain text) in the text of the email o through a link to the appropriate place of the APP or page of the Site, accessible through a standard, commercially available internet browser. By providing the phone number the User agrees to receive all required notices via SMS to that phone number.
The User may use the APP only for his/her personal use and not for any other use such as but not limited to commercial purposes, advertisement, selling products/services to other Users or for any unlawful use. The User further agrees to refrain from contacting any other User by any means other than through the APP and to immediately discontinue any contact with another user upon his/her request.
The APP was created and developed only for the use of individuals who are eighteen (18) years of age or older, or individuals under eighteen (18) years of age with parental or legal guardian's consent. Any use or access to the APP by a person under eighteen (18) years of age without a parental or legal guardian consent is unauthorized and it shall be considered a breach of the Agreement. By using or accessing the APP the User represents and warrants that he/she is at least eighteen (18) years of age or under eighteen (18) years old and has the required parental or legal guardian consent and that he/she knowingly and willingly agrees to be bound by the Agreement. When outside of the United States of America the use of the APP may not be allowed or restricted by the laws and regulations of such country. The User is responsible for complying with the laws worldwide.
The APP has taken reasonable measures to ensure that the information contained within this APP, except for the User Information as defined herein, is correct and up-to-date; however, by using the APP, the User accepts the information provided herein is "AS IS".
RELIANCE ON THE CONTENT (AS DEFINED BELOW) OR ON THE INFORMATION POSTED BY THE USER OR THE USE OF THIS APP IS SOLELY AT THE USER’S OWN RISK.
Except as for the Personal Information, all of the contents of the APP, its selection, arrangement and compilation including but not limited to text, documents, graphics, designs, logos, pictures, page headers, button icons, videos, music, sound, files, software, hardware, their application and any other copyrightable material (the “Content”) are owned exclusively by the Company and are protected to the full extent of the United States laws and international copyright and trademarks laws. The Content may not be modified, stored in permanent form, copied, distributed, framed, reproduced, published, downloaded, displayed, posted, transmitted, used to create derivative works, or sold in any form or by any means, in whole or in part, without the Company's prior written consent (“Unauthorized Use”). A limited exception is provided to general purpose internet search engines and noncommercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, the User must first obtain a written license from the Company.
The User acknowledges and agrees that upon posting or transmitting information, suggestions, comments, ideas on the APP, the User grants to the Company and its successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right and license to use, license, distribute, reproduce, publish and to create derivative works from such information in any and all media, without any duty to account to the User.
CHANGES TO CONTENT
The Content of this APP may be changed or modified by the Company at its sole discretion, at anytime without notice to the User. The User accepts the changes made to the APP by using the APP, the Services or the Products after the changes have been posted.
INFORMATION PROVIDED BY USERS/DUTIES AND REPRESENTATIONS
Certain information of the APP, such as but not limited to the User's public or private comments, information or opinions, is provided or posted by the User (the "User Information") who is not an employee, agent, related person, shareholder, director, officer or an affiliate of the Company. The Company makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of the User Information which is provided "AS IS."
The User represents that the User Information shall not burden or pose a risk in any way to the regular operation of the APP or shall not be used as a channel to provide any other User unauthorized or unwanted advertisements.
The User represents that the information posted in the APP does not encourage or instruct in any way the performance of a criminal conduct, does not pose a risk to the personal safety of any other User or his/her property, and does not violate in any way the rights of third parties including but not limited to the intellectual property rights, proprietary rights, rights of privacy or confidential information.
The User represents that he/she will not violate or breach in any way the security of the APP, or access unauthorized data or log into an account of another User, or provide viruses that may collapse or crash the APP, or interfere with the services provided by the host, server or to the User or attempt to hack the APP. The User is prohibited from maliciously attempting to hack, or breach the security of the APP. The User is prohibited from uploading malicious software/code such as viruses or malware.
The User agrees not to modify, collect, sell, transfer, or distribute in whole or in part for any purpose whatsoever the Personal Information, Secured Information, User Information or Account Information provided by any other User of the APP, the Services, the Products and/or the Content and to abstain from using the Personal Information or Secured Information to send unwanted emails to any other User, or send emails encouraging other Users to interact with them, or emails for a charge.
As a condition for the User to use this APP, the User agrees not to post or transmit any unlawful, false, misleading, harmful, threatening, abusive, fraudulent, libelous, defamatory, invasive of privacy or publicity rights, racially or ethnically offensive, vulgar, obscene, pornographic, hateful, offensive or otherwise objectionable information or content of any kind, including (without limitation) any materials which may violate the rights of others, promote hatred or physical harm against any individual/group, advocate harassment or intimidation of another individual, violate the United States or foreign law or give rise to civil or criminal liability, suggests or condones any terrorist acts, or in any way violates the law. The User will be responsible for the contents, messages and statements made or actions taken by him/her and hereby agrees to indemnify the Company, its shareholders, directors, officers, employees, agents, partners, joint-ventures, contractors and any person or entity associated or affiliated to the Company, from any claim, action or proceedings arising from the User Information posted on or transmitted through the APP or related to the APP in any manner as indicated in the Indemnity Section herein.
The User agrees that the Company may in its sole discretion remove or delete any User Information that may violate the Agreement. The User acknowledges and agrees that upon posting or transmitting information, suggestions, comments, ideas on the APP, the User assigns to the Company and its successors and assigns all rights, interest and title in and to such information including but not limited to the right to use, license, distribute, reproduce, publish and to create derivative works from such information in any and all media, without any duty to account to the User.
INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in and to the Content of the App, including but not limited to its copyright, the trademark Trigger Finance which is being filed with the U.S. Patent and Trademark Office (the "Trademark"), and any other intellectual rights whether registered or not are exclusively owned by the Company (collectively referred to as the “Intellectual Property”).
The User acknowledges and agrees that the Intellectual Property is protected by the United States and the international Intellectual Property Laws, therefore the User expressly agrees not to use, sell, transfer, distribute, lease, loan, the Intellectual Property rights in part or as a whole or not to reproduce, distribute, perform, display, prepare derivative works, duplicate, modify, alter, and/or dispose of in any way of the Intellectual Property.
No wording of the APP may be construed as to granting the User an express or implied license of use of the Intellectual Property or any right to license, or transfer any or all of the Intellectual Property rights owned by the Company to third parties. The Intellectual Property shall not be used in part or in whole without the previous written consent of the Company.
Subject to the Agreement, the User is granted a limited, revocable and non-exclusive license to access the APP. The User has no right to frame all or parts of the APP, modify, alter or download information of the APP compromising its operation, or to use the Content for personal and/or commercial benefit and/or the benefit of others.
The User agrees not to use similar or confusingly similar trademarks, copyrighted materials that may cause consumer’s confusion, and may not prepare derivative works based on the material posted on the APP. The User may not use the Trademark or any similar confusingly trademark as part of the corporate name or a domain name. Reference to any products, services, names, trademarks of third parties posted in the APP does not constitute or imply any relation, sponsorship, affiliation, endorsement or recommendation from the Company.
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES
The Company respects the copyrights of third parties. The User understands and agrees that pursuant to the Digital Millennium Copyright Act (“the Act”) or any subsequent law or regulation, the Company reserves the right in good faith to suspend the access or remove any and all material posted by the User (“the Material”), in the event of receipt of a notice claiming the Material is infringing the rights of a third party when the notice has the requirements set forth herein below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“the Owner”).
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the Material in the manner complained of is not authorized by the Owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Owner.
The Company shall take reasonable steps to promptly notify the User that it has removed or disabled access to the Material.
The User may counter notify the Company by sending a notification which includes the requirements set forth herein below:
Physical or electronic signature of the User.
Identification of the Material that has been removed or to which access has been disabled and the location at which the Material was removed or access to it was disabled.
A statement under penalty of perjury that the User has a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled.
The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the Owner is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the third party who provided notification or an agent of such third party.
In the event that the Company receives a counter notification setting forth the requirements above-mentioned, the Company will promptly notify and provide the Owner with a copy of the counter notification informing the Owner that the Material will be posted again no less than ten (10) business days and no more than fourteen (14) business days following the receipt of the counter notification, unless, the Company’s designated agent first receives notice from the Owner of having a court order to restrain the User from engaging in infringing activity relating to the Material on the App.
The Company reserves the right to limit the access or terminate the use of the User of the APP when the User repeatedly infringes the intellectual property rights of third parties.
For purposes of notification, the Company's address is as follows:
Trigger Finance Inc.
620 Eighth Avenue
38th Floor, Attn: Cornell Tech
New York, NY 10018
Re: Copyright Infringement
The Company assures the User that the Company has not intentionally included viruses, worms or "Trojan horses" in the APP, and that the APP is periodically checked by the Company for any viruses, worms or "Trojan horses" or similar programs. However, the Company offers no assurance that information downloaded from the APP or any TPS will not contain viruses, worms or "Trojan horses" or similar programs or will not cause any harm to the User's mobile phone or computer. Before commencing any download from the APP, User is instructed to utilize a virus scanning program to ensure that no viruses, worms, "Trojan horses" or similar programs will be inadvertently written to User’s computer's hard drive or mobile phone. The User understands and agrees that the downloading or use of the APP, Content, the Services and the Products is at User's own and sole risk and the User is solely responsible for any damages, losses of User's mobile phone, computer system, loss of data or content or any other damage resulting from the use of the App, Content, the Services and the Products.
The individuals who create the Services and/or Products (the "Creators") may hold long or short positions in or derivatives of companies named in the Products and are free to buy or sell those positions at will. The Creators may take positions inconsistent with the views expressed in the APP. The Products available on the APP or Sites may contain the Creators’ own opinions (and not those of the Company), and none of the information contained therein constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person.
The User understands and agrees that the Creators will not advise the User personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
SERVICES/PRODUCTS PAYMENT POLICY CHANGES
The Services provided by the APP are currently free and the Company does not receive any type of commission or payment. The policy set forth in this paragraph may be changed by the Company at any time at the Company’s sole discretion, without further notice to the User and then the Company may charge for the Services in accordance with sections titled Paid Services and Payment Policies herein, which can be also modified by the Company at any time with no further notice to the User.
The User may choose to purchase some for-fee services. The Company offers paid services on a subscription or as used basis, including but not limited to, premium application features ("Paid Services"). If the User chooses to purchase any Paid Services the User is responsible for paying the applicable prices for each Paid Service.
The prices for these Paid Services may be found on triggerfinance.com or on the sign up screen for the specific Paid Service. The Company may offer alternative fee structures, discounts, coupons or incentives, at the Company's sole discretion and for any reason, and the Company is under no obligation to offer such alternatives to all Users. The actual price the User will pay for any Paid Services shall be the price listed in the Billing section of your account or by other agreement. Some Paid Services may provide a free trial or introductory offer. If such an offer is provided, only one per User, per person, per household and per email address is allowed at any given point in time. In addition, there is a limit of one trial per User, per person, per household and per email address in any given one year period unless otherwise stated in the offer.
COMPLIANCE WITH REGULATIONS
The User agrees to insure that any information disseminated pursuant to the Service, whether such dissemination is made (a) by the User or on the User's behalf by an authorized individual or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b5 and the other rules and regulations promulgated thereunder, (iii) Regulation Fair Disclosure of Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
BECAUSE THE COMPANY DOES NOT UNDERTAKE TO SCREEN OR EDIT PRIVATE OR PUBLIC MESSAGES/COMMENTS POSTED BY THE USER, IT DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION PROVIDED BY THE USER, AND DOES NOT ENDORSE ANY STATEMENTS, INFORMATION, OPINIONS OR RECOMMENDATIONS POSTED BY THE USER. THE USER SHOULD EXERCISE CAUTION, DISCRETION AND SKEPTICISM BEFORE RELYING ON INFORMATION POSTED BY OTHER USERS, BECAUSE IT MAY BE INCORRECT OR MISLEADING. THE USER MAY PRETEND TO BE AN INDIVIDUAL THAT HE/SHE IS NOT. THE COMPANY MAKES NO WARRANTY THAT THE APP WILL MEET THE USER REQUIREMENTS, EXPECTATIONS OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED BASIS, TIMELY, SECURE, AND ERROR-FREE.
THE COMPANY SHALL NOT BE LIABLE AT ANY TIME OR UNDER ANY CIRCUMSTANCE FOR ANY INTERRUPTION OF THE SERVICE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO TECHNICAL REASONS, TO THE SOFTWARE OR HARDWARE, COMPUTER SYSTEM, SERVER, TRAFFIC CONGESTION ON THE INTERNET OR IN THE APP, OR FROM OTHER PROVIDERS, OR FOR ANY LOSS, INJURY OR DAMAGE CAUSED TO THE USER'S OR ANY OTHER INDIVIDUAL'S COMPUTER, MOBILE PHONE, HARDWARE OR SOFTWARE WHEN DOWNLOADING THE CONTENT THROUGH THE SERVICE.
THE COMPANY SHALL NOT BE LIABLE AT ANY TIME OR UNDER ANY CIRCUMSTANCE FOR ANY INTERRUPTION OF THE SERVICE OR MALFUNCTION, WHEN RETRIEVING AND STORING THE ACCOUNT INFORMATION FROM TPS INTO THE APP, INCLUDING BUT NOT LIMITED TO TECHNICAL REASONS, TO THE SOFTWARE OR HARDWARE, COMPUTER SYSTEM, SERVER, TRAFFIC CONGESTION ON THE INTERNET OR IN THE APP, OR FROM OTHER PROVIDERS, NOR FOR ANY LOSS, INJURY OR DAMAGE CAUSED TO THE USER'S OR ANY OTHER INDIVIDUAL'S COMPUTER, MOBILE PHONE, HARDWARE OR SOFTWARE WHEN RETRIEVING AND STORING THE ACCOUNT INFORMATION FROM TPS INTO THE APP.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE APP SHALL BE DONE BY THE USER AT HIS/HER OWN DISCRETION AND RISK. THEREFORE THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES SUFFERED BY THE USER’S OR A THIRD PARTY’S COMPUTER SYSTEM, MOBILE PHONE, SOFTWARE, HARDWARE, FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THORUGH THE SERVICE.
BECAUSE THE COMPANY DOES NOT UNDERTAKE TO SCREEN OR CONDUCT BACKGROUNG CHECKS OF THE USERS, THE COMPANY SHALL NOT UNDER ANY CIRCUMSTANCE BE RESPONSIBLE IN ANY EVENT FOR THE USERS’ PERSONAL INJURY OR DEATH RESULTING FROM THE USE OF THE APP OR FROM THE CONTACT OR INTERACTION OF THE USER WITH ANOTHER USER EITHER ONLINE OR OFFLINE. THE USER UNDERSTANDS AND AGREES THAT THE CREATORS OR THE COMPANY WILL NOT ADVISE THE USER PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. EACH OF THE APP, OR THE SERVICE, IS NOT INTENDED TO PROVIDE TAX, LEGAL OR INVESTMENT ADVICE, AND SHOULD NOT BE PERCEIVED BY THE USER AS AN OFFER TO BUY, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION BY THE COMPANY TO BUY/SELL ANY SECURITY OR ANY OTHER TAX OR FINANCIAL RECOMMENDATION OF THE COMPANY.
THE USER SHALL USE THE APP AT HIS/HER SOLE RISK AND DECIDE WHETHER ANY INVESTMENT, SECURITY OR STRATEGY, OR THE SERVICE AND/OR THE PRODUCT CONTAINED IN THE APP IS APPROPRIATE OR SUITABLE FOR THE USER ACCORDING TO THE USER'S INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. NONE OF THE CONTENT AND USER INFORMATION, OR THE INFORMATION PROVIDED BY THE APP PROVIDERS, OR THEIR ASSOCIATES OR AFFILIATES IS INTENDED TO GIVE THE USER A PERSONAL ADVICE IN CONNECTION WITH THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. TO THE EXTENT THAT ANY OF THE CONTENT MAY BE DEEMED TO BE AN INVESTMENT OR RECOMMENDATIONS IN CONNECTION WITH A PARTICULAR SECURITY, SUCH INFORMATION IS GENERAL AND NOT TAILORED TO THE USER NEEDS OF ANY SPECIFIC PERSON. TRADING IN SUCH SECURITIES CAN RESULT IN IMMEDIATE AND SUBSTANTIAL LOSSES OF THE CAPITAL INVESTED. THE USER UNDERSTANDS AND AGREES THAT AN INVESTMENT IN ANY SECURITY IS SUBJECT TO A NUMBER OF RISKS, AND THAT DISCUSSIONS OF ANY SECURITY PUBLISHED ON THE APP THROUGH THE SERVICE WILL NOT CONTAIN A LIST OR DESCRIPTION OF RELEVANT RISK FACTORS WHICH ARE ADVISABLE TO ANALYZE WHEN MAKING AN INFORMED DECISION. IN ADDITION, PLEASE NOTE THAT SOME OF THE STOCKS PUBLISHED ON THE APP AND USED IN THE SERVICE HAVE A LOW MARKET CAPITALIZATION AND/OR INSUFFICIENT PUBLIC FLOAT. SUCH STOCKS ARE SUBJECT TO MORE RISK THAN STOCKS OF LARGER COMPANIES, INCLUDING GREATER VOLATILITY, LOWER LIQUIDITY AND LESS PUBLICLY AVAILABLE INFORMATION. THE USER SHOULD NOT RISK FUNDS THAT ARE NEEDED FOR HIS/HER MAINTENANCE AND OF HIS/HER FAMILY. THE USER SHOULD ONLY INVEST RISK CAPITAL, AND NOT CAPITAL REQUIRED FOR OTHER PURPOSES.
THE USER AT HIS/HER SOLE RISK IS RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, SECURITY OR STRATEGY, OR ANY OF THE PRODUCTS AND/OR THE SERVICES, ARE APPROPRIATE FOR THE USER CONSIDERING THE USER'S INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. THE USER IS STRONGLY ENCOURAGED TO CONSULT AN ATTORNEY OR TAX PROFESSIONAL REGARDING THE USER'S SPECIFIC LEGAL OR TAX SITUATION.
THE APP, ITS CONTENT, THE SERVICE ARE TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND THE APP AND THE SERVICE ARE NOT INTENDED TO PROVIDE INVESTMENT ADVICE FOR THE USER. THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, AGENTS, JOINT-VENTURERS AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE CONTENT, USER INFORMATION OR INFORMATION PROVIDED BY THIRD PARTIES TO THE APP, INFORMSATION CONATINED IN THE SERVICES OR THE PRODUCTS IN CONNECTION WITH BUT NOT LIMITED TO MARKET VALUE OR OTHER LOSS ON THE SALE OR PURCHASE OF ANY COMPANY, PROPERTY, PRODUCT, SERVICE, SECURITY, INSTRUMENT, OR ANY OTHER MATTER.
THE COMPANY IS NOT A REGISTERED BROKER DEALER AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY BROKERAGE FIRM/COMPANY. THE BROKERAGE FIRM/COMPANY YOU SELECT OTHER THAN THE COMPANY IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU. THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, AGENTS, JOINT-VENTURERS AND CONTRACTORS, WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USER'S USE OF THE SERVICES PROVIDED BY ANY BROKERAGE FIRM/COMPANY. THE USE OF THIS APP, THE CONTENT, THE SERVICES AND THE PRODUCTS IS AT THE USER’S SOLE OWN RISK.
DISCLAIMER OF WARRANTIES
BY USING THIS APP, THE CONTENT, THE PRODUCTS AND THE SERVICES, THE USER ACCEPTS THE INFORMATION IS PROVIDED HEREIN "AS IS" AND "AS AVAILABLE.” THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF THE INFORMATION PROVIDED BY THE USER TO THIS APP.
THE CONTENT, THE SERVICES AND THE PRODUCTS CONTAINED IN THIS APP ARE PRESENTED “AS IS”. NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT ARE MADE BY THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, AGENTS, EMPLOYEES, OFFICERS, CONTRACTORS TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE AND LOCAL LAW. THE COMPANY DISCLAIMS ANY DIRECT AND INDIRECT DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THE APP, THE CONTENT, THE SERVICES AND/OR THE PRODUCTS.
DISCLAIMERS REGARDING TRADING
The Services provided by the Company allows the User to connect with certain registered brokerage dealers, and further allows the User to send live trading and order instructions (individually the "Order" or collectively the "Orders") as determined by the conditional statements that may contain an order information or notification (individually a "Trigger" or collectively "Triggers") and manual order entry forms. The Company shall not be liable at any time or under any circumstance for the User's Triggers and/or for any content provided by the User to the App or shared with other Users, or for any trading or Order sent by the User to his/her brokerage firm via the App. The User should note that prior to sending any Order to his/her brokerage firm through the App, these Orders are transmitted through a third party provider (“Trading Ticket”). The User should also note that the third party provider may change or amend their guidelines at any time, and we cannot guarantee that our Services will always include a connection to any or all third party providers.
The User shall use the Services and/or the Products of this APP, either provided by the Company or a third party provider, at his/her own sole risk and the User understands and agrees that the User is solely liable for any and all Orders and/or transaction(s) placed by the User with the brokerage firm through the App. The User also understands that any Order placed by the User through the App are unsolicited and based on the User's own investment decisions, therefore the User assumes the risks of his/her Orders or transaction(s) and the Company shall not be liable at any time or under any circumstance for the Order placed with the User’s brokerage firm.
The Company makes no representations or warranties with respect to its third party Products or Services and will not be liable for such third party Products or Services. The Company does not endorse or sponsor any Products or Services provided by third parties that are made available through the App.
The following risks are to be acknowledged when dealing with live trading and trading services provided by the Company through the App:
Through the APP and Services provided by the Company and its third party providers Services that use connection services to brokerage firms, the placement of Orders, the communication of the Orders to the User's brokerage firm, receiving queries and Order statuses from the User's brokerage firm may fail or not function in a correct or timely manner.
The User's Orders may not be placed at all or may be placed too early or too late depending on the internet communication of the the APP. Delays and latency among the User's phone, the User's brokerage firm and the market in which the User seeks to effect trades, may cause Orders, corrections, and cancellations to be placed or not placed in ways that are not desired. The User may receive incorrect information, or be unable to get the information, about the Orders, User's positions, or market conditions. Incorrect actions may be taken, or correct actions may not be taken, because of inaccurate or missing information.
The User may incur losses (or limit profits) while trading securities through the App. Prior to placing Orders or completing a transaction the User should discuss the risks of trading with the brokerage firm where the User maintains an account or seek advice from other investment professionals. The Company provides the User only with mobile market, alerts and trading technology that shall not be considered in any way as an investment, financial, regulatory, tax or legal advice.
The end brokerage firm and Trading Ticket’s technology through which you connect to through the APP might fail. In addition, even if the brokerage firm's infrastructure and API are working correctly, the brokerage firm may reject Orders in error or by design, incorrectly execute Orders, or induce errors through unexpected behavior (such as returning messages out of sequence, incorrectly acknowledging Orders, or posting incorrect execution reports). In the event that any losses arising from these risks are allocated between the brokerage firm and the User, the User should consult with the brokerage firm and its terms and conditions of use. Because the App. and the Company do not control signal power, its reception or routing via internet, or the connection, the Company shall not be liable for any issues arising between Orders placed by the User through the App and the handling or execution of the Order by the brokerage firm.
None of the content or the information provided by the APP third party providers, their associates or affiliates is intended to give the User a personal advice in connection with the nature, potential, value or suitability of any particular security, portfolio of securities, Orders, transaction, investment strategy or other matter.
The Company shall not be liable at any time or under any circumstance for the placement, transmission, execution, or cancellation of Orders, malfunction of the systems, Services or Products, or loss or damages therefrom and the User understands and agrees that it assumes all risks involved with the use of the App which is only a tool and is not meant or intended to provide any type of investment, financial, regulatory, tax or legal advice.
To the fullest extent permitted by law, the User expressly agrees to indemnify and hold harmless the Company, its shareholders, directors, officers, employees, agents, partners, joint-ventures, contractors and any person or entity associated or affiliated to the Company from and against any action, claim, lawsuit, loss, damage, expense, cost, including reasonable professional fees, that the User may suffer as a result of the use of the APP, the contact or interaction of the User with any other User, the conduct displayed by any User in connection with the use of the User Information whether it originates from the User or from any third party, the use of the Personal Information, Secured Information, the Content, the Services, the Products or the breach of this Agreement by the User or the violation by the User of any type of rights of third parties.
The User agrees to pay the Company, its shareholders, directors, officers, employees, agents, partners, joint-ventures, contractors and any person or entity associated or affiliated to Company, interests at the highest lawful applicable rate per year on any necessary expenses or costs incurred by them in the enforcement of this indemnity agreement, including reasonable attorney's fees and other professional fees or on any sums they are obliged to pay with respect to the matters to which indemnity is given in the Agreement, from the date such expenses or costs are incurred, through the date such sums are paid. This indemnity shall survive any termination of the Agreement for any cause.
LINKS AND THIRD PARTY PRODUCTS/SERVICES
The APP may provide links or references to third party websites (“TPS”) as a service and convenience of the User. The Company does not review or control the content of any such TPS. The TPS to which the APP may be linked operate under the instructions and at the direction of their owners, who should be contacted directly with questions regarding those websites.
THE COMPANY DOES NOT IN ANY WAY ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY, CONTENT, COMPLETENESS, AUTHENTICITY, PRACTICES OR STANDARDS OF SUCH TPS OR ANY GOODS OR SERVICES AVAILABLE THEREUNDER .
The APP makes no representation as to how long the User Information will remain on the APP. The User linking to any TPS is done at User's sole risk.
The APP may provide the Services or offer the Products provided on TPS. When using the Services or purchasing the Products the User will be bound by the terms and conditions posted on the TPS.
ACCOUNT INFORMATION FROM TPS
Users may authorize and request the Company to retrieve the User's information maintained by third parties such as but not limited to bank, investment accounts, financial transactions, data, passwords, usernames, PINs, other login information, materials and other content contained in TPS (“Account Information”). By providing the Company with the Account Information the User represents that he/she is authorized to submit the Account Information and that the User hereby grants an express authorization and license to use the Account Information to the Company to retrieve and store the Account Information on the APP and/or Site for purposes of providing the Services with no duty of the Company to pay any fees or be subject to any restrictions or limitations contained in the TPS terms and conditions. The User represents that the Company under no circumstances will be liable for using, storing the Account Information on the APP/Sites and that the User is authorized to grant the Company such license of use at no cost. The User understands and agrees that the Account Information is provided by third parties and the Company is not liable for the accuracy, up-to-date, completeness, reliability, operability, or legality of the Account Information provided by a third party which the Company receives "AS IS."
THE USER ACKNOWLEDGES AND AGREES THAT WHEN THE COMPANY AND/OR THE APP AND/OR THE SITE ACCESSES AND RETRIEVS ACCOUNT INFORMATION FROM TPS, THE COMPANY IS ACTING AS THE USER'S AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE TPS.
The Company is not responsible for any processing errors or fees or other Service related issues, including those issues that may arise from inaccurate Account Information. With respect to the use of third party products in conjunction with the Service, the Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. The Company does not assume any liability for the timeliness, accuracy, deletion, non delivery or failure to store any user data, communications or personalization settings.
TERMINATION OF THE SERVICE
The Company reserves the right to remove any User's account, or to terminate the User’s access and use of the APP, the Content, the Services and/or the Products at any time, without cause and without further notice to the User. Each of the following actions, among others, may result in removal of the User's account and termination of the access or use of the App:
Posting messages that include personal attacks, slurs or profanity, or that otherwise are intended to stalk, harass any other User
Posting material, nonpublic information about companies, without the authorization to do so
Including third-party copyrighted information in posted messages (if such information is available on the web, please post a link to such information rather than copying it into messages)
Providing false information on the User's registration form, or impersonating someone else
Being under 18 years of age and not having a parental or legal guardian consent
Violation of any of the provisions of the Agreement
Violation of any US laws (whether state or federal) or any other law worldwide
When the Company believes the User has behaved in a manner that is threatening, offensive, or inappropriate to any of its representatives.
This agreement shall be governed by and interpreted in accordance with the laws of the State of New York. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The invalidity or unenforceability of any provision in this Agreement (or a portion of such a provision) shall not affect the validity or enforceability of the remaining provisions (or remaining portions of such provisions) of this Agreement.
This Agreement including any other separate agreements included in the APP constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes and revokes any and all prior or existing agreements, written or oral, relating to the subject matter of this Agreement.
The User may contact the Company by sending an email to firstname.lastname@example.org The Company may provide assistance to the User through its authorized representatives.