Web Site Agreement
Trading Edge - The Leaders in Stock Market Education Web Site Agreement
This is just the website Agreement - for the Trading Edge Proprietary
Trading Systems EULA see further down the page
The Trading Edge - The Leaders in Stock Market Education Web Site (the "Site") is an online information
service provided by Trading Edge - The Leaders in Stock Market Education ("Trading Edge - The Leaders in Stock Market Education "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. Trading Edge - The Leaders in Stock Market Education MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Trading Edge - The Leaders in Stock Market Education, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
Trading Edge - The Leaders in Stock Market Education a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Trading Edge - The Leaders in Stock Market Education by all
means and in any media now known or hereafter developed. You also
grant to Trading Edge - The Leaders in Stock Market Education the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Trading Edge - The Leaders in Stock Market Education for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Trading Edge - The Leaders in Stock Market Education.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
Trading Edge - The Leaders in Stock Market Education. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Trading Edge - The Leaders in Stock Market Education,
Trading Edge - The Leaders in Stock Market Educationdoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
Trading Edge - The Leaders in Stock Market Education-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
Trading Edge - The Leaders in Stock Market Education a. You also understand that
Trading Edge - The Leaders in Stock Market Education cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that 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 the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Trading Edge - The Leaders in Stock Market Education PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Trading Edge - The Leaders in Stock Market Education SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Trading Edge - The Leaders in Stock Market Education DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Trading Edge - The Leaders in Stock Market Education HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Trading Edge - The Leaders in Stock Market Education BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Trading Edge - The Leaders in Stock Market Education OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Trading Edge - The Leaders in Stock Market Education LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Trading Edge - The Leaders in Stock Market Education makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-Trading Edge - The Leaders in Stock Market Education web site, please
understand that it is independent from Trading Edge - The Leaders in Stock Market Education, and that
Trading Edge - The Leaders in Stock Market Education has no control over the content on that web site. In
addition, a link to a Trading Edge - The Leaders in Stock Market Education web site does not mean that
Trading Edge - The Leaders in Stock Market Education endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Trading Edge - The Leaders in Stock Market Education, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Trading Edge - The Leaders in Stock Market Education and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between Trading Edge - The Leaders in Stock Market Education and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. Trading Edge - The Leaders in Stock Market Education's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Trading Edge - The Leaders in Stock Market Education may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
Trading Edge Proprietary Trading Systems
EULA
Please print and read this required legal
agreement
to which you are bound - you will need to check the box that
specifies that
have read and agree with these documents
If you choose no to comply we reserve the
right to
cancel your membership without further
notice.
Earnings Disclaimer
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND
IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE
ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO
GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN
THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE
INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING
POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS
AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN
BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE
RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE
PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND
VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO
INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR
ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT
INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING
OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING
STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS.
YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE
STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS
“ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,”
“BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION
WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES
MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO
GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR
ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY
RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
PRIVACY POLICY
Last Updated: October 1st, 2008
TradingEdge.com.au strives to offer its visitors the many advantages
of Internet technology and to provide an interactive and personalized
experience. We may use Personally Identifiable Information (your name,
e-mail address, street address, telephone number) subject to the terms
of this privacy policy. We will never sell, barter, or rent your email
address to any unauthorized third party. Period."
How we gather information from users
How we collect and store information depends on the page you are
visiting, the activities in which you elect to participate and the
services provided. For example, you may be asked to provide information
when you register for access to certain portions of our site or request
certain features, such as newsletters or when you make a purchase. You
may provide information when you participate in sweepstakes and
contests, message boards and chat rooms, and other interactive areas of
our site. Like most Web sites, TradingEdge.com.au also collects
information automatically and through the use of electronic tools that
may be transparent to our visitors. For example, we may log the name of
your Internet Service Provider or use cookie technology to recognize you
and hold information from your visit. Among other things, the cookie may
store your user name and password, sparing you from having to re-enter
that information each time you visit, or may control the number of times
you encounter a particular advertisement while visiting our site. As we
adopt additional technology, we may also gather information through
other means. In certain cases, you can choose not to provide us with
information, for example by setting your browser to refuse to accept
cookies, but if you do you may be unable to access certain portions of
the site or may be asked to re-enter your user name and password, and we
may not be able to customize the site’s features according to your
preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your
visit and deliver more individualized content and advertising. We
respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify
you) may be used in many ways. For example, we may combine information
about your usage patterns with similar information obtained from other
users to help enhance our site and services (e.g., to learn which pages
are visited most or what features are most attractive). Aggregated
Information may occasionally be shared with our advertisers and business
partners. Again, this information does not include any Personally
Identifiable Information about you or allow anyone to identify you
individually.
We may use Personally Identifiable Information collected on
TradingEdge.com.au to communicate with you about your registration and
customization preferences; our Terms of Service and privacy policy;
services and products offered by TradingEdge.com.au and other topics we
think you might find of interest.
Personally Identifiable Information collected by TradingEdge.com.au
may also be used for other purposes, including but not limited to site
administration, troubleshooting, processing of e-commerce transactions,
administration of sweepstakes and contests, and other communications
with you. Certain third parties who provide technical support for the
operation of our site (our Web hosting service for example) may access
such information. We will use your information only as permitted by law.
In addition, from time to time as we continue to develop our business,
we may sell, buy, merge or partner with other companies or businesses.
In such transactions, user information may be among the transferred
assets. We may also disclose your information in response to a court
order, at other times when we believe we are reasonably required to do
so by law, in connection with the collection of amounts you may owe to
us, and/or to law enforcement authorities whenever we deem it
appropriate or necessary. Please note we may not provide you with notice
prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
TradingEdge.com.au expects its partners, advertisers and affiliates
to respect the privacy of our users. Be aware, however, that third
parties, including our partners, advertisers, affiliates and other
content providers accessible through our site, may have their own
privacy and data collection policies and practices. For example, during
your visit to our site you may link to, or view as part of a frame on a
TradingEdge.com.au page, certain content that is actually created or
hosted by a third party. Also, through TradingEdge.com.au you may be
introduced to, or be able to access, information, Web sites, features,
contests or sweepstakes offered by other parties. TradingEdge.com.au is
not responsible for the actions or policies of such third parties. You
should check the applicable privacy policies of those third parties when
providing information on a feature or page operated by a third party.
While on our site, our advertisers, promotional partners or other
third parties may use cookies or other technology to attempt to identify
some of your preferences or retrieve information about you. For example,
some of our advertising is served by third parties and may include
cookies that enable the advertiser to determine whether you have seen a
particular advertisement before. Other features available on our site
may offer services operated by third parties and may use cookies or
other technology to gather information. TradingEdge.com.au does not
control the use of this technology by third parties or the resulting
information, and is not responsible for any actions or policies of such
third parties.
You should also be aware that if you voluntarily disclose Personally
Identifiable Information on message boards or in chat areas, that
information can be viewed publicly and can be collected and used by
third parties without our knowledge and may result in unsolicited
messages from other individuals or third parties. Such activities are
beyond the control of TradingEdge.com.au and this policy.
Children
TradingEdge.com.au does not knowingly collect or solicit Personally
Identifiable Information from or about children under 13 except as
permitted by law. If we discover we have received any information from a
child under 13 in violation of this policy, we will delete that
information immediately. If you believe TradingEdge.com.au has any
information from or about anyone under 13, please contact us at the
address listed below.
Contacting Us.
We can be reached by contacting:
TradingEdge.com.au
Email: admin@tradingedge.com.au
Changes to this Policy
TradingEdge.com.au reserves the right to change this policy at any
time. Please check this page periodically for changes. Your continued
use of our site following the posting of changes to these terms will
mean you accept those changes. Information collected prior to the time
any change is posted will be used according to the rules and laws that
applied at the time the information was collected.
Governing law
This policy and the use of this Site are governed by Victoria law. If
a dispute arises under this Policy we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following
location: Melbourne. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Melbourne. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so.
TradingEdge.com.au is controlled, operated and administered entirely
within Victoria, Australia. This statement and the policies outlined
herein are not intended to and do not create any contractual or other
legal rights in or on behalf of any party.
The application of the United Nations Convention on Contracts for the
International Sale of Goods, as amended, is expressly excluded.
NONDISCLOSURE AGREEMENT
Trading Edge, P.O.Box 4458, Ringwood, Vic, 3134, Australia, ("Disclosor")
and Trading Edge Website Member, (details held in the site database), ("Disclosee")
wish to discuss a business opportunity of mutual interest regarding
Disclosor’s proposed product: Proprietary Stock Market Trading System
(the "Product"). The parties recognize that Disclosor will disclose
certain proprietary and confidential information to Disclosee in this
regard. Therefore, as an express condition to such disclosure, Disclosee
agrees to the following:
1. Nondisclosures and Limited Use
A. Disclosee will not use or disclose to any third party the
following information with respect to the Product: (i) Disclosor and
Disclosee are discussing a business opportunity relating to the Product;
(ii) Disclosor is developing the Product; (iii) Disclosor’s development
and marketing approach to the Product; (iv) Disclosor’s name for the
Product; or (v) any other information relating to the Product
(“Confidential Product Information”). Notwithstanding the foregoing,
Disclosee may disclose any Confidential Product Information as expressly
authorized by Disclosor in writing or any such information that is or
becomes known to the public upon Disclosor’s release of the Product to
the public.
B. In addition, Disclosee will not use or disclose to any third party
Disclosor’s proprietary information, including methods of doing
business, product and business plans, costs and unpublished financial
information, advertising revenues, marketing plans, Web site visitors
and usage rates, customers, business affiliates or other sensitive
business information (“Confidential Information”). Information shall not
be considered to be Confidential Information if Disclosee can
demonstrate that it: (i) is already known or otherwise becomes publicly
known through no act of Disclosee or its employees, agents or
independent contractors; (ii) is lawfully received from third parties
subject to no restriction of confidentiality; (iii) has been
independently developed without use of Disclosor’s Confidential
Information; or (iv) is specifically authorized in a writing signed by
an authorized representative of Disclosor to be publicly disclosed. The
confidentiality obligations of Disclosee and its employees, agents and
independent contractors with respect to Disclosor’s Confidential
Information survive the expiration or termination of this Agreement.
C. Notwithstanding anything to the contrary stated in this Agreement,
Disclosee may disclose Confidential Product Information and Confidential
Information to Disclosee’s employees who need to know such information
and who shall be instructed to abide by, and agree to abide by, this
Agreement.
D. Disclosee shall take all reasonable measures to protect the
confidentiality, and to avoid the unauthorized use or disclosure of, the
Confidential Product Information and the Confidential Information.
2. Remedies
Disclosee agrees that the unauthorized use or disclosure of
Confidential Product Information or Confidential Information in
violation of this Agreement will cause irreparable harm and significant
injury to Disclosor, which may be difficult to ascertain. Accordingly,
Disclosee agrees that Disclosor shall have the right to seek an
immediate injunction enjoining any breach of this Agreement.
3. Miscellaneous
A. This Agreement contains the entire understanding and agreement of
the parties with respect to the subject matter contained in this
Agreement. It supersedes all prior oral or written understandings and
agreements relating to this subject matter. This Agreement may not be
altered, modified or waived, in whole or in part, except in a writing
signed by authorized representatives of the parties. The waiver by
either party of any provision of this Agreement shall not be deemed to
waive it for the future.
B. The validity, construction, performance and enforcement of this
Agreement shall be governed by the laws of the State of Victoria as if
entered into and fully performed entirely within such state. Any action
to enforce this agreement will be brought in the state of Victoria
C. This Agreement shall be binding upon, and for the benefit of,
Disclosee and Disclosor, their successors and assigns.
Any rights not expressly granted herein are reserved.