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Tuesday, September 07, 2010
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Terms Of Service

Terms Of Use & Service

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY TRADING ADVANTAGE (www.tradingadvantage.biz/Financial Market Dynamics). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY TRADING ADVANTAGE (www.tradingadvantage.biz/Financial Market Dynamics) AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

No Advice or Solicitation.

Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) does not provide personalized investment or financial advice or make solicitations, recommendations, endorsements or offers to buy or sell stocks, futures, commodities, options, Forex, or any other security, financial instrument or investment.

Legal Disclaimer

Trading Advantage (www.tradingadvantage.biz) is not to be regarded as investment advice, but for general informational purposes only. Any information is general in nature and does not take into account the particular objectives, financial situation, or needs of any person. Nothing in this presentation, expressed or implied, should be considered to be financial product advice. Before acting on any information or advice, you should consider your personal circumstances and where appropriate seek advice from a licensed professional.You must know you are assuming the entire cost and risk of any trading you choose to undertake. You also agree to bear the complete responsibility for your investment research and decisions and acknowledge that Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) has not and will NOT make any specific recommendations or give advice to you or any of its clients upon which they should rely. Also, Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) has not and will NOT bear any responsibility for your trading transactions.

Any opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary, and does not constitute investment advice. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. The content on this website is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) has taken reasonable measures to ensure the accuracy of the information on the website, however, it does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website.

This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics)'s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics). For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information (non-circumvention, non-compete, non-disclosure, confidentiality)

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) is the proprietary information of Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) or the party that provided the Content to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics), and Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) or the party that provided the Content to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics), or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics)'s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics). Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics). Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) of that site.

Submissions

You hereby grant to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) operations.

Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics). Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as is" and without warranties of any kind, either expressed or implied. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) may make changes or improvements at any time. You, and not Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics), assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) does not undertake any obligation to update such information after it is posted or to remove such information from this site unless it is if it is not, or is no longer, accurate or complete.

Limitation On Liability

All liability for errors or omissions in, or the misinterpretation, transmission, translation or misuse of, any of the Content and Products on the Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) (including the Third Party Services available on the Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) or on Third Party Resources) is hereby expressly disclaimed, including

Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics), ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER AMOUNT YOU HAVE PAID TO Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity (Hold Harmless; Indemnification; Release; Covenant Not to Sue)

You will indemnify and hold Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics), its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) or the party that provided the trademarks, service marks, and logos to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics). Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) and any party that provided trademarks, service marks, and logos to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone?s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) nor any third party that provides Content to Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) will assume or have any liability for any action or inaction by Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) or such third party with respect to any submission.

Trading Advantage Refund Policy

Trading Advantage products may only be refunded under the following terms:

  • Unfortunately, in order to avoid abuse of our intellectual property, Trading Advantage can only provide refunds in limited cases such as duplicated orders, incorrect delivery, known software issues, or not fit for purpose as advertised.
  • Products purchased from sources other than Trading Advantage (for example: Affiliate / reseller, mail order, internet electronic reseller and others) must be returned to the company from which they were purchased and are subject to that company's return policies.
Product Return Guidelines
  • All refunds requests to Trading Advantage must be accompanied by a Refund Authorisation Code (RAC).
  • Refund Requests sent to Trading Advantage without an RAC will not be processed and no credit will be issued.
  • Refunded products must be uninstalled from your computer and any storage devices, and you must delete any backup copies.
How To Obtain An RAC Number
    For all refunds and online orders, please contact the Customer Help Desk.

  • RAC instructions with shipping information and an RAC number will then be sent to you by e-mail.
  • All approved returns will be processed within 10 working days from the date the product is received by Trading Advantage. Failure to provide the RAC may result in the refund being delayed or denied.
Note: To initiate the RAC process, please provide Trading Advantage with proof of purchase within the 30 day time-frame (Trading Advantage receipt, credit card statement, invoice or bank statement) as well as your customer contact information (PayPal E-Mail). Trading Advantage will be happy to note the reason for your return so we can provide better products for you in the future.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) considers insecure, Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) reserves the right to investigate suspected violations of these Terms of Use.

Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Trading Advantage (www.tradingadvantage.biz/Financial Market Dynamics) may revise these Terms of Use at any time by updating this posting.

I agree that if any problems arise with my account, for whatever reason I will contact Trading Advantage directly first, to resolve the situation and not my credit card company.  Trading Advantage may be reached by our Contact Form on our website or through the Help Desk in the Members area.

Thank You for subscribing to Trading Advantage

Last Updated: August 26, 2009

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