An informal, off-the-protocol prologue
2) Trading stocks and other financial instruments is very dangerous and not suitable for all people. One may lose thousands of dollars in a matter of hours. We can’t overemphasize this issue. We even dedicated a specific page in our site solely for this purpose, hoping to save a soul or two. If you got scared from the last sentence, maybe your place isn’t here. We prefer teaming up with experienced investors who already carry some knowledge in the field and are fully aware of all the risks. Again, you are 100% responsible of your money.
3) We believe in integrity and mutual responsibility. We will never spam you or scam you (by the way, transactions are made via PayPal, in PayPal’s site, so we are never exposed to your credit card number). In return, you will be not misuse our site and data. You will assume total responsibility of your actions regarding your own money. If you ever subscribe to one of our Services, there’s always the option to unsubscribe from them, and in some cases (depending on the exact Service in question) to get a full refund in the first days after subscription. No hard feelings.
4) We reserve the right to refuse to serve specific users, without any explanations or justification of our actions. We may also modify from time to time and even shut down our free or paid Services (of course, we’ll do our best to notify in advance, and won’t charge your subscription after we have shut it down). We recommend you stay up to date with our Facebook page, Twitter etc. to be informed of such important changes.
5) Conclusion. We truly love statistics, research and trading. We work hard, but there’s always the chance to lose money. We can’t guarantee you anything. Noone can. Never trust anyone but yourself when it comes to your money.
The StatsTrade Team.
1. User’s Acknowledgment and Acceptance of Terms
1.1. This document is written in English (US). In the case of any possible conflict with another translated version, the English version controls.
2. Intellectual Property Rights
Copyright (c) August 1st, 2011 StatsTrade All Rights Reserved.
2.2. Neither StatsTrade nor its Affiliates warrant or represent that your use of the Material displayed on, or obtained through, the StatsTrade site and Services will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
3. Third Party Content, Sites and Information
3.1. StatsTrade, its Services or Materials may link you to other sites or services on the Internet or otherwise include references to information, documents, software, materials and/or services (“Third Party Content“) owned/operated/provided by other parties (“Third Party Sites“). This Third Party Content may contain information or material that some Users may find inappropriate or offensive or harmful in any other way. You understand and agree that StatsTrade is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by StatsTrade, or any warranty of any kind, either express or implied. In addition, any User using such Third Party Content is reponsible for all consequences, and should check the relevant terms of service of the Third Party Site in question.
3.2. In particular, acting upon any solicitations or offers, advertisements, banners etc. (which are a particular case of Third Party Content) is at the sole risk and responsibility of the user, who shall not assert or make any claim against StatsTrade in connection with any such use.
4. Community Content
4.1. StatsTrade and its Services may allow Users to post/submit/display/provide (“Submit“) their own content, in the form of comments/talkbacks/posts/pages and other forms (collectively, “Community Content“) that may be accessed by other users of the StatsTrade website and StatsTrade Services. Below, an Identity may refer to a person, a group of people, a service, company, or other physical or virtual identity/identities, including but not limited to the StatsTrade Team and representatives.
4.2. Anyone who provides or uses or is exposed in any manner to Community Content may not:
(a) Impersonate any Identity or falsely misrepresent his/her affiliation with any Identity.
(b) Use bots or other automated techniques to upload/download/modify content and Material.
(c) Participate in any action that, in the sole and absolute opinion of StatsTrade, may result in a user of the StatsTrade site, Services or Material being harmed in any way.
(d) Assert or make any claim against StatsTrade in connection with any usage or exposure of any type to Community Content.
4.3. The Community Content may not:
(a) Be written in a language, or including images, audio or video or other form of media or information which, in the sole and absolute discretion of StatsTrade, is deemed to be offensive, including but not limited to content that is unlawful, harmful, threatening, abusive, harassing (including but not limited to victimizing, degrading, or intimidating an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or on any other basis), defamatory, libelous, deceptive, fraudulent, vulgar, obscene, hateful, invasive of another’s privacy, tortious, sexually offending (including but not limited to containing explicit or graphic descriptions of accounts of sexual acts, sexual language of a violent or threatening nature directed at another individiual or group), or racially, ethnically or otherwise objectionable and violates StatsTrade’s rules or policies; nor may you use a misspelling or an alternative spelling to circumvent the content delivery restrictions listed above.
(b) Infringe on any intellectual property (including but not limited to a patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any Identity) or any real property right of any person or business or Identity.
(c) Contain or otherwise transmit or constitute unauthorized or unsolicited adveristing, junk, bulk or spam, chain letters, promotional materials, any other forms of unauthorized solicitation (and in particular was not given a prior written permission by StatsTrade), or any form of lottery or gambling.
(d) Contain or otherwise transmit or constitute software viruses or any other computer code, files, malware, spyware, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, telecommunications equipment and abilities, or to damage or obtain unauthorized access to any data or other information of any third party.
(e) Be delivered or take form or include content that, in the sole and absolute opinion of StatsTrade, may result in a User of StatsTrade site and Services or Material, or the business goals of Statsrade, being harmed in any way.
4.4. StatsTrade relation to the Community Content:
(a) StatsTrade does not endorse or assume any responsibility or liability for Community Content and damage that may be inflicted from a direct or indirect usage or exposure to it.
(b) StatsTrade generally does not pre-screen, monitor, or edit the Community Content. However, StatsTrade are hereby granted a non-exclusive license to reproduce, adapt, edit, modify, translate, publish, distribute any Community Content, as a whole or parts of it, whether on the StatsTrade site or outside of it, in any other form and for any purpose.
(c) StatsTrade reserves the right, in its sole and absolute discretion, to modify, postpone or delete any Community Content at any time, without consulting, justifying, or notifying anyone. This includes, but not limited to, Community Content which, in the sole and absolute discretion of StatsTrade, is deemed to be offensive in some sense or non-compliant with StatsTrade goals. The StatsTrade Team are not responsible for any failure or delay in removing such content.
4.5. We clarify that you hereby consent to those conditions and waive any claim against StatsTrade or our Affiliates, arising out of such removal or modification of content, or otherwise related to the Community Content.
5. General Usage terms
5.1. You may not use your account, credentials, or general properties of the usage of StatsTrade site and Services or Material to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site and not all the Material of the StatsTrade site and Services may be available to you or other authorized Users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
5.4. THE User UNDERSTANDS AND AGREES NOT TO TRANSFER ANY OF StatsTrade Services OR Material, DELIBERATELY OR INDELIBERATELY, PARTIALLY OR IN WHOLE, TO ANY THIRD PARTY, FOR ANY REASON OR PURPOSE, WITHOUT PRIOR WRITTEN PERMISSION FROM StatsTrade TO DO SO. This also holds in the extreme case when the User does not benefit from the aforementioned action in any way, directly or indirectly. IN PARTICULAR, THE User UNDERSTANDS AND AGREES NOT TO PUBLISH IN ANY FORM, REPRODUCE, TRANSMIT, DISTRIBUTE, DUPLICATE SUCH Services OR Material, PARIALLY OR IN WHOLE, AND NOT TO ASSIST OTHERS IN DOING SO.
5.5. In order to access some of the services on this site, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data“), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
6.1. If you decide to voluntarily provide your personal information (e.g., name, email address, mailing address, …) StatsTrade will only collect the personal information which is needed to fulfill your requests and StatsTrade’s legitimate business objectives. If you refuse to divulge your personal information when requested, you will not be able to access certain areas on the website or certain Services or Material.
6.2. StatsTrade reserves the right at all times to monitor, review, retain, and/or disclose any information, including IP addresses, as necessary to satisfy any applicable law, regulation, legal process or government request, or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. StatsTrade may use IP addresses to identify a user when it feels it is necessary to protect StatsTrade’s Services, website, users or others.
6.3. Personal information disclosed by you as part of the Community Content may be accessible to the general public. StatsTrade is not responsible for protecting such information (e.g. publishing your full name or telephone number).
6.4. Personal information which StatsTrade collects for a particular purpose will be saved and used for that purpose. When you have provided personal information to StatsTrade for a particular purpose, StatsTrade may disclose such information to other companies that StatsTrade has engaged to assist it in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. StatsTrade may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, as may be required by applicable law, or, as StatsTrade may deem necessary in its sole discretion, in order to protect the legitimate legal and business interests of StatsTrade.
7. Unauthorized Use of Materials
7.2. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
7.3. We respect the intellectual property of others, and we ask you to do the same. If you or any other User of this site or Services or Material believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification should include:
1) Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2) Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3) Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4) Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5) Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7) Send the written communication to our Designated Agent for Claimed Infringement via the following email address: info AT statstrade DOT com.
7.4. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party. In addition, the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
8.1. ALL Material AND SERVICES ON THE StatsTrade SITE AND Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
8.1. StatsTrade ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION OR Material CONTAINED OR OTHERWISE TRANSMITTED VIA THE StatsTrade SITE AND SERVICES. THE SITE AND Material ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. StatsTrade DOES NOT WARRANT THAT THE SITE, SERVICES OR Material THEREIN ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS OR EXPECTATIONS.
8.2. THE StatsTrade SITE AND Services AND Material COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE Material AND Services, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND Services LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE Material OR SERVICES AT THIS SITE AND Services MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH Material OR SERVICES.
8.3. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
8.4. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL StatsTrade BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR Material, OR ANY DOWNLOADED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF StatsTrade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.5. Through your use of the StatsTrade site and Services, you may have the opportunities to engage in commercial transactions with other Users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE StatsTrade SITE AND Services, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, INFORMATION OR OTHER Material AVAILABLE ON OR THROUGH THE StatsTrade SITE AND Services FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY StatsTrade OR ANY OTHER OF OUR Affiliates.
8.7. You understand and agree that temporary interruptions of the Services available through StatsTrade may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the StatsTrade site and Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
8.8. You understand and agree that the Material available on the StatsTrade site and Services is provided “AS IS” and that StatsTrade assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
8.9. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Further Disclaimer of Warranties
9.1. THIS SECTION IMPOSES FURTHER LIMITIATION OF WARRANTIES BY StatsTrade, THE StatsTrade Team, AND Affiliates, IN ADDITION TO THOSE COVERED IN THE PREVIOUS Disclaimer of Warranties SECTION.
9.2. BY USING THIS SITE AND Services AND Material, AND IN PARTICULAR Material ASSOCIATED TO VARIOUS ANALYSIS RESULTS, GRAPHS, CHARTS, MATHEMATICAL FORMULAS, SURVEYS, STUDIES, GAMES, APPLICATIONS, REFERENCES TO ACADEMIC PAPERS, DATA GENERATED AND USED BY THE StatsTrade Insights AND OTHER RELATED Services, THE User UNDERSTANDS AND AGREES:
(A) THAT ANY SUCH USAGE IS IN THE SOLE RESPONSIBILITY OF THE User.
(B) NOT TO ASSERT OR MAKE ANY CLAIM AGAINST StatsTrade, StatsTrade Team OR Affiliates.
(C) THAT StatsTrade, StatsTrade Team OR Affiliates ARE NOT RESPONSIBLE OR TO BE HELD ACCOUNTABLE FOR ANY DAMAGE OR LOSS, EITHER DIRECT OR INDIRECT TO THE User OR ANY THIRD PARTY, RELATED IN SOME WAY TO THE USAGE OF, SUPPLYING OF, CEASE OF SUPPLY OF, DELAYS, ERRORS AND INACCURACIES IN THE Services OR Material.
(D) THAT Services OR Material OR THEIR TRANSMISSION MAY CONTAIN OR LEAD TO ERRORS, INACCURACIES OR OTHER FORM OR MISTAKES, AND IT IS THE SOLE RESPONSIBILITY OF THE User TO PERFORM ADDITIONAL INDEPDENT RESEARCH AND WORK TO REACH HIS/HER OWN CONCLUSIONS ON ANY ISSUES RELATED IN SOME WAY TO THE Services or Material.
(E) That in some cases, third party entities (e.g. various mail servers) may be used to transmit such Services or Material. StatsTrade, the StatsTrade Team or Affiliates will also not be held responsible for any problems which those third party entities are partially or fully responsible for. This includes but not limited for delays in receiving mails and Material, partial delivery of the Material, errors and inaccuracies in the Material. The User understands and agrees that StatsTrade may cease from time to time any of its Services or the providing of the Service’s Material, either for short or long periods. StatsTrade will do its best to notify the User (via email) in advance on such periods. The subscriber is also aware of risks in leaving open trading positions in such periods.
(D) THAT THE Services AND Material ARE NOT AIMING TO CONSTITUTE A WHOLE OR DETAILED ANALYSIS OF ANY ISSUE, BUT INSTEAD AS MERELY FURTHER “INDICATORS” ON AN ISSUE, OCCASSIONALLY BASED ON PUBLICLY ACCESSIBLE DATA AND WITHOUT StatsTrade’S VALIDATION OF THE DATA PRIOR TO ITS ANALYSIS.
(E) THAT THE User IS SOLELY AND FULLY RESPONSIBLE FOR ANY DIRECT OR INDIRECT USAGE OF THE Services INCLUDING ANY Material, IN PRESENT AND FUTURE. NONE THE AFOREMENTIONED Material SHOULD BE REGARDED OR INTERPRETED AS PREDICTIONS, SIGNALS, INDICATORS, INVESTING OR TRADING RECOMMENDATIONS, “SENTIMENTS” OR “TIPS” IN ANY OTHER SENSE. IT IS HEREBY CLARIFIED THAT NEITHER StatsTrade, THE StatsTrade Team, NOR ITS Affiliates PROMISE OR IMPLY THAT THE Services AND Materials CORRESPOND WITH THE User’s GOALS, EXPECTATIONS OR INTENTIONS.
9.3. StatsTrade takes security measures to protect its Users as is accustomed in the industry. However, it is hereby clarified that there exists a risk of intrusion or other data security breach, which may further endanger the validity and integrity of the Services and Material. Neither StatsTrade, the StatsTrade Team nor Affiliates will be held responsible for any damage or loss by the User at any case, and in particular not upon such a data security breach.