Terms and Conditions of Use Welcome to the MultiCharts, LLC. (referred to as "MultiCharts", "we", "us", or "our" herein) Web site (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. MultiCharts may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
1. OWNERSHIP RIGHTS:
This web site is owned and operated by MultiCharts. (All Materials herein are protected under United States and international copyright laws and are the property of MultiCharts or its third party licensors. All rights reserved. As used in these Terms, "Materials" includes, but is not limited to, software, images, text, audio and all other information, displayed, contained within, or accessible on the Site. No Materials may be copied, reproduced, modified, displayed, republished, uploaded, posted, transmitted, sold or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided that you maintain in such copy all copyright and other proprietary rights notices contained in the original Materials. No right, title or interest in any downloaded Materials is transferred to you as a result of any such downloading or copying. You agree not to assist others in any unauthorized reproduction, modification, display or distribution of the Materials. Unless expressly agreed to by MultiCharts in writing, you may not create derivative works based on the Site or Materials contained therein, in whole or in part. The use of any Materials on any other Web site or networked computer environment is prohibited. TradeStation and EasyLanguage are a registered trademarks of TradeStation Securities.
All logos, splash screens, page headers, images and graphics displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of MultiCharts or its third party licensors. Except as expressly permitted herein, using, copying, transmitting, displaying, modifying or distributing any Marks in any form or by any means without the express written permission of MultiCharts is prohibited and may violate the copyright, trademark, privacy or other laws of the United States and/or other countries.
3. DOWNLOADABLE SOFTWARE:
The use of any MultiCharts, or the Software of third parties, downloaded from the Site shall be subject to the terms and conditions of the license provided with the Software. "Software" includes any files, images incorporated in or generated by the software, and data accompanying the software. You may not download any Software from this Site until you have read, and agreed to the terms and conditions of the license provided with the Software. Without limiting the generality of the terms contained in any such license, you agree that you will not: (a) modify the Software (b) decompile, reverse engineer, or disassemble the Software, (c) remove any copyright or other proprietary rights notices from the Software; or (d) use the Software for any commercial purpose, or any public display, performance, sale or rental, except as expressly permitted by MultiCharts in writing. MultiCharts retains all right, title and interest in and to the Software, including all intellectual property rights therein. You download Software at your own risk and assume complete and exclusive responsibility for any and all losses, damages and liabilities that may result from the use of Software downloaded from the Site.
4. USER COMMENTS:
We appreciate your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit to us (collectively, "Comments"). You grant MultiCharts and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights.
5. USER FORUMS:
MultiCharts may provide access to certain discussion groups through this Site as a service to you. Discussion groups, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and you acknowledge and agree that MultiCharts shall not have any responsibility for the content of any discussion group, or materials or articles contained therein, that may be accessed on or through this Site. You understand that MultiCharts acts as a passive conduit for, and does not control, or attempt to control, any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you, or any other user of the Site, uploads, posts or transmits to or through the Site (the "User Content"). MultiCharts may, but is not obligated to, monitor or review the User Content and retains the right to delete any User Content at any time. You acknowledge and agree that you are solely responsible for any User Content that you upload, post or transmit to or through the Site, including, but not limited to, its legality, reliability, accuracy, integrity, appropriateness and originality. In no event shall MultiCharts have any liability related to the User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You represent and warrant to MultiCharts that you will not upload, post or otherwise transmit any User Content to or through the Site that infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or MultiCharts rule or policy. You grant MultiCharts and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display the User Content you upload, post or transmit to the Site (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also grant each user of this Site the right to access, display, view, and reproduce such User Content for personal use. You represent and warrant to MultiCharts that you have the right to grant the licenses stated above. You acknowledge and agree that you may not upload, post, reproduce, or distribute any User Content on or through this Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
6. LINKS TO OTHER SITES:
This Site may contain links to other web sites ("Linked Sites") as a convenience to you. MultiCharts does not operate or control any information, products or services on the Linked Sites, and neither endorses or approves any products, services or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
You agree to defend, indemnify and hold MultiCharts, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your (a) User Content, (b) use of the Site, or (c) violation of any of these Terms.
9. WARRANTY DISCLAIMER:
THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MultiCharts EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MultiCharts DOES NOT WARRANT (a) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (d) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
10. LIMITATION OF LIABILITY:
IN NO EVENT SHALL MultiCharts, ITS LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF MultiCharts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MultiCharts'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. JURISDICTION AND APPLICABLE LAWS:
This site is administered by MultiCharts from its home offices in Columbus, Ohio, U.S.A. Unless otherwise specified, the Materials are presented solely for the purpose of promoting MultiCharts and its products within the United States, its territories, possessions and protectorates. MultiCharts makes no representation or warranty that the Software or the Materials are appropriate or available for use in territories outside of the United States. Access, downloading or use of such Software and Materials in territories where such Software or Materials are illegal is prohibited. You agree to comply with all laws, rules and regulations applicable to your downloading or use of the Software and Materials available on or through this Site, including, but not limited to, all United States export control laws, rules and regulations. MultiCharts does not authorize the transfer, by any means, of any Software, Materials or technical data from this Site to any jurisdiction prohibited by the United States export laws. You may not use, export or re-export the Software or Materials, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are solely responsible for any liability arising therefrom. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.
You agree that MultiCharts, in its sole discretion, may suspend or terminate its operation of the Site or your use of the Site (or any portions thereof), and may remove and discard any User Content, Software or Materials within the Site, for any reason. In the event you fail to comply with the Terms , your right to use the Site will automatically terminate. Upon any termination of the Site, or your use of the Site, you agree to immediately and completely destroy all copies of any Software of Materials downloaded form the Site. You agree that MultiCharts shall not be liable to you or any third-party for any termination of the Site, your access to the Site or any removal of any User Content from the Site.
These Terms constitute the entire agreement between you and MultiCharts and supercede and replace any prior agreements, whether written or oral, between you and MultiCharts related to the subject matter herein. The failure of MultiCharts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Site or otherwise arising out of or related to these Terms within one (1) year after such claim or cause of action arose. The section titles in these Terms are for convenience only and have no legal or contractual effect.