Traiding Edge
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.

TrafficServer 1.01 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.