TERMS AND CONDITIONS
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.
This is a legally binding agreement (“Agreement”) between CastAway Trader LLC (“CAT” “we,” or “us”) and you, with regard to CAT’s website, www.castawaytrader.com (the “Site”), and the Content and Subscriptions we offer to you through the Site (collectively, the “Services,” as further defined below). You agree to this Agreement, either on your own behalf, or on behalf of a legal entity (e.g., your employer or otherwise) (“entity”), in which case you represent and warrant that you are authorized by the entity to do so, have the authority to legally bind the entity, are at least 18 years of age, and agree that the terms “you” and “your” shall refer to you, individually, and the entity. If you are not so authorized or if you cannot accept this Agreement, your use of this Site and the Services are prohibited.
This Site and the Services are not intended for use by persons under the age of 13. If you are under the age of 13, you may not use the Service or provide CAT with any personal information. If you are 13 or older but not of legal age to enter into a contract (usually 18 in the U.S.), you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand this Agreement and approve of your use of the Site and the Services. In that case, your parent or guardian will be the responsible party opposite CAT under this Agreement.
CAT provides this Site and its Services to you subject to all terms and conditions set forth in this Agreement, including this paragraph, the paragraphs set forth above, and the following:
Acceptance of Agreement.
We reserve the right to change this Agreement from time to time with or without notice to you. If you have an account with us, we will notify you about any modifications to this Agreement by sending a notice to the primary email address specified in your account, by placing a prominent notice on the Site, and/or by updating this Agreement as posted on the Site. Your continued use of this Site and/or our Services after such modifications will constitute your acknowledgement and acceptance of the modified Agreement.
As used in this Agreement, references to our “Affiliates” means any natural person or legal entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a party, including in the case of CAT and our owners . “Control” means the indirect or direct possession of the power to direct or cause the direction of the management and policies of a natural person or legal entity, whether through the ownership of voting securities, by contract or otherwise.
Important Disclaimer Regarding Our Services and the Information We Provide.
Please understand that CAT is not a broker-dealer or investment advisor, does not owe a fiduciary duty to you, and that trading by its nature involves risk of significant loss. By using our Services, you acknowledge and agree to the foregoing and that any actions or forbearance from taking action based on the information we provide and the use of our Services is entirely at your own risk, for which CAT and its Affiliates shall have no liability.
CAT is a publisher that is not familiar with your particular needs and circumstances. CastAway Trader LLC is not registered as a broker-dealer, investment company or as an investment advisor with the United States Securities and Exchange Commission or with any state securities authority. We offer access to our Site on a subscription only, as described further below. You understand that no Content published on this Site constitutes a recommendation that any particular investment, security, sector, portfolio of securities, tax strategy, transaction or investment strategy is suitable for any specific person. You further understand that no one in the employ of CAT is advising you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy, tax advice or strategy, retirement advice or strategy, or other matter. To the extent any of the Content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed on the Site are the opinions of our contracted analysts and of our users. The analysts may differ from time to time in their opinions about the same securities.
You understand that the owners, contracted analysts and staff have or may have, personal positions in the instruments (or similar instruments) mentioned on the Site. They agree contractually not to trade in securities inconsistent with their posts on CAT, nor to receive compensation from or insider information on companies whose stocks they discuss on the Site.
You understand that the risk of loss in trading securities (including, without limitation, stocks, ETFs, and index futures) can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. You bear responsibility for your own investment research and decisions and should seek the advice of a qualified securities professional before making any investment.
In addition, we want everyone on CAT to understand that markets are fluid, dynamic, non-linear systems. In order to trade such systems, one has to develop the experience necessary to navigate its complexities. Therefore, we strongly suggest that a trader takes the time to learn the Harmonic Elliott Wave theory and supporting technical analysis BEFORE beginning to trade his or her hard-earned money. Also, our general advice is that you do not enter any trade with more than 3% of your trading account and ALWAYS use stops.
We sometimes provide trade set-ups and alerts on the site and in trading Chat Room. These are for educational and hypothetical purposes only and are not trade recommendations. The prices quoted in the alerts are based on real-time market prices as of the time stated in the alert, and not actual fills by the analyst. Actual trading could affect trading prices. We also sometimes track the performance of these set-ups and alerts. Performance table returns don’t include commission and other execution and trading costs, including taxes, that would be incurred if these were actual portfolios. Past performance is no guarantee of future results.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
When U.S. exchanges are open, any quotes displayed in our model portfolios are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing information.
No Guarantee. Although, CAT works hard to provide a high quality Site and “Services”, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or any of our Services.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use on our Site. You agree that this Site is provided “AS IS,” as further stated in the “Disclaimer of Warranties” section below, and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings, or any other aspect of your use of the Site or the Services.
“15 Day Trial” is a period of time you may access our Services at a special price. Only first-time subscribers are permitted to enroll into 15 Day trial.
“Subscription” means a purchased subscription license allowing you access to and use of the Services for the duration of the Subscription Term by means of a specific User ID and password.
“Subscription Term” means the period of time during which a Subscription remains valid, as stated in the applicable Order Form.
“Order Form” means the online order form you agree to and submit to CAT by which you place an order for a Free Trial or a Subscription to the Services, and any agreed upon amendments thereto. Submission by you of an Order Form to CAT constitutes your agreement to its terms, which are subject to this Agreement.
“Updates” means updates, corrections, modifications and/or functional enhancements to the Services.
CAT makes access to our Services available online through a 15 Day Trial and then solely on a Subscription basis. CAT hereby grants to you, and you hereby accept, subject to the terms of this Agreement, including the payment terms set forth in Section 4, below, a non-exclusive, nontransferable license to access and use the Services as permitted by this Agreement for the duration of the Free Trial or Subscription Term(s) specified in the applicable Order Form.
Additional Subscriptions. You may purchase additional Subscriptions for additional users at any time at CAT’s then current pricing. Each Subscription shall terminate at the end of the applicable Subscription Term.
User ID and Password. Your user ID and password grants you login access to the Services through only one computer or device at a time. You shall notify CAT immediately of any unauthorized use of any user ID or password for your Subscriptions, or any other actual or suspected breach of security related to the Services or your Subscriptions of which you become aware. If you share your User ID and password with another person or entity, you must ensure that they agree to this Agreement and you shall be jointly and severally responsible with such other person or entity for the acts, omissions, breaches of this Agreement and/or violations of CAT’s rights by such person or entity as if they were your acts, omissions, breaches and/or violations, and for any resulting damages.
Payment of Subscription Fees.
If you choose to purchase one or more of our Subscriptions provided on our Site, you agree to pay all subscription fees associated with the Services. You are solely responsible, at your expense, for providing all equipment necessary to use the Services, including, but not limited to, all computer hardware, software, devices, and internet access necessary to receive and view the Services, and for payment of all fees and costs associated with such access.
15 Day Trial.
15 Day trial of the services provided at the Site is authorized only once per person. Any additional access without payment to CAT or valid credit card information constitutes a violation of this Agreement. Any attempt to gain multiple 15 Day trials (e.g., through use of a fake email address or another individual acting on your behalf) is subject to billing and collection at our monthly-Subscription rate for each unauthorized access.
Credit Card Charges.
Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file by CastAway Trader LLC. Subscription charges will be billed in advance at the start of the billing period you select on the Order Form and considered paid through the end of your billing period, and are not subject to refund, regardless of when you cancel. You agree to provide us with accurate and complete billing information, including, but not limited to, credit card information, your name, address and telephone number and other standard credit card account verification information, and to provide us with any changes in such information within thirty (30) days of the change.
If for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may, at our option, suspend or terminate performance or delivery of our Services and any Subscriptions, and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including, but not limited to, attorney fees and other legal expenses, plus interest on the unpaid balance at the rate of 1.5% per month.
Term and Termination.
Term. The term of this Agreement shall commence on the Effective Date and shall continue in force and effect until: (a) the expiration of a first-time Free Trial without purchase of a Subscription; (b) notice of non-renewal of a Subscription by either party in accordance with Section 5.2; or (c) termination in accordance with Section 5.3. Except as otherwise provided in any given Order Form, the term of an applicable Subscription (the “Subscription Term”) shall commence on the start date indicated in the confirmation CAT sends to you after you submit the Order Form and, unless earlier terminated in accordance with Section 5.3, shall continue for the period specified therein.
UNLESS AND UNTIL TERMINATED BY EITHER PARTY PURSUANT TO SECTION 5.3 OR EITHER PARTY PROVIDES WRITTEN NOTICE OF NON-RENEWAL TO THE OTHER PARTY PRIOR TO THE SCHEDULED END OF THE THEN-CURRENT SUBSCRIPTION TERM, THE SUBSCRIPTION TERM OF EACH ORDER FORM SHALL AUTOMATICALLY RENEW AND BE EXTENDED UPON ITS EXPIRATION (REGARDLESS OF WHETHER PREVIOUSLY RENEWED OR EXTENDED), FOR A PERIOD OF THE SAME DURATION AS THE SUBSCRIPTION TERM SPECIFIED ON SUCH ORDER FORM. THE SUBSCRIPTION PRICE APPLICABLE TO ANY RENEWED OR EXTENDED SUBSCRIPTION TERM SHALL BE THE SAME AS THAT OF THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM UNLESS YOU CANCELED A DISCOUNTED SUBSCRIPTION AND ARE RETURNING AFTER 7 DAYS OR YOU CANCELED ANOTHER SUBSCRIPTION THAT WAS REQUIRED AS A CONDITION TO RECEIVING A DISCOUNTED SUBSCRIPTION.
This Agreement and the right to use the Services, and any and all Subscriptions hereunder, may be terminated as follows, and in accordance with Section 14.4 (Notices): (a) by CAT immediately, at its option and without notice, in which case CAT may, in its sole discretion, provide a prorated refund for the unused remainder of the applicable Subscription Term; (b) by either party immediately upon written notice to the other party in the event of a material breach by the other party of any terms and conditions of this Agreement, including the failure to pay any amount when due under this Agreement; or (c) by either party immediately upon written notice to the other party in the event the other party makes an assignment for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to bankruptcy laws or laws of debtor’s moratorium. Notwithstanding the foregoing, CAT may cancel any Subscription for any reason at any time, and you may cancel any Subscription at any time upon notice to CAT through your online account, email or telephone; provided, however, that no refund shall be provided in the event of any termination or cancellation, whether of any Subscription or this Agreement. Further, in the event either party terminates some, but not all, Subscriptions under this Agreement, this Agreement shall remain in effect to govern any remaining Subscriptions.
Effects of Termination.
Upon termination of this Agreement, all Services and Subscriptions and the related rights and licenses granted hereunder to you with regard to the foregoing shall terminate immediately. Upon termination of any Subscriptions where one or more Subscriptions remain in effect, the related rights and licenses granted hereunder to you with regard to the terminated Subscriptions shall terminate immediately, and this Agreement shall remain in effect to govern the remaining Subscriptions.
Immediately upon termination of either this Agreement or any Subscription, you shall (a) cease all use of the Services associated with the Subscriptions which have been terminated (which, in the case of termination of this Agreement, means all Subscriptions); and (b) with regard to all terminated Subscriptions, return to CAT any Confidential Information of CAT in your possession, including Content, and all copies thereof, or destroy or delete all copies of the foregoing stored on any computer and storage media under your control. Termination of this Agreement shall not relieve you of any unmet payment obligations owed to CAT. CAT shall have no obligation to return any User Content.
Suspension of Access.
CAT may immediately suspend or disable your access to and use of the Services (including, for the avoidance of doubt, all Subscriptions) if, as a result of your use thereof or breach of this Agreement, CAT reasonably believes: (a) CAT is likely to be subject or exposed to criminal or civil sanctions, prosecution or suit; (b) such use or breach is likely to cause harm to CAT, any of its Affiliates or any of their respective other customers or their respective employees or interfere with the integrity, operations or security of the Services or CAT’s network or systems or those with which CAT is interconnected, or interfere with another customer’s use of any of the foregoing. CAT may also suspend or disable your access to and use of the Services if required in order to comply with a court order or government notice. In the exercise by CAT of its right to act immediately under this paragraph, CAT shall provide such advance notice as is reasonably practicable under the circumstances. If advance notice is not reasonably practicable, CAT shall provide subsequent notice promptly thereafter. You shall promptly cooperate with CAT in attempting to resolve the issue giving rise to any suspension or disablement of your access to and use of the Services. The foregoing shall be in addition to the termination rights of either party hereunder.
Privacy and Security.
Login Required. In order to access the Services, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you represent, warrant and agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Passwords and Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities, and all charges that are incurred, under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our staff will never ask you for your password.
Disclosure to Third-Party Affiliates.
Site Conduct and User Posting Policy.
The purpose of CAT and its Services is to foster cooperative analysis for optimizing trading and better understanding of the markets. Your use of the Site and our Services is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts, information or other materials you transmit to or post on the Site (“User Content”). Posts in our Trading Chat Room as well as messages sent directly to other users (“direct messages”) are not for commercial or promotional purposes. All Trading Chat Room messages, including direct messages, are archived, and may be reviewed to ensure adherence to our Site Conduct and User Posting Policy (“Use Policy”) and this Agreement. Any violation or breach of this Use Policy or this Agreement will constitute a material breach of this Agreement affording CAT the right to terminate this Agreement account and access to the Services immediately upon notice and without refund.
By posting information on the Site, you agree that you will not post comments, links, or other information in public and direct messages that are promotional or in any way insulting or incendiary. You agree to demonstrate appropriate respect for other users and the analysts in the Trading Chat Room. If you disagree with an opinion, feel free to challenge that opinion with a posting of your own. However, you must refrain from ever personally attacking the person making the post, and also refrain from heckling, which is repeated sarcasm towards a person and/or repeated attempts to embarrass or prove that person wrong. To ignore another user’s posts, please select “Ignore” when clicking on their name in the Trading Chat Room. If you have any concerns about comments made in the Trading Chat Room, or any feedback, please contact us by sending email to email@example.com
The following is an incomplete list of illegal and prohibited uses of our Services and constitute violations of our Use Policy. CAT may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, seeking civil, criminal and/or injunctive redress. CAT may report any suspected illegal activity to law enforcement authorities. You agree, in connection with your use of CAT’s Services, not to:
Post any content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment you post;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, libelous, vulgar, obscene, is hateful, racially, religiously or ethnically offensive, or which promotes or advocates violence, or is otherwise tortious or objectionable;
Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights;
Impersonate any person, firm or entity, or falsely or deceptively state, imply or otherwise misrepresent your affiliation with or connection to any person, firm or entity;
Post any content which, either by the act of posting or by the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or post any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization;
Post any advertising, promotional materials, links to competing sites, so called “chain letters”, “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion;
Offer to sell or buy any product or service or use the services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind, or which contain or promote content that would, if posted on this Site, constitute a violation of this Use Policy;
Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security; or
Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, and any rules of any securities exchange.
Endorsement and Removal of Content.
CAT neither endorses nor assumes any liability for any User Content or any other material uploaded or submitted by users on any part of the Site. CAT has no obligation to pre-screen, police, or monitor comments posted on the Site, and we and our agents reserve the right to, for any reason and without notice: (a) edit or remove any User Content; (b) discontinue a user’s posting and messaging privileges; and/or (c) suspend your account, including in such instances where we find it too onerous to adequately monitor and respond to a user’s messages; (d) retain and continue to display User Content after termination or expiration of your account and/or this Agreement. Notwithstanding the foregoing, while your account is active, you may edit or delete any of your User Content within the first 15 minutes after posting it; provided, however, that we shall not be responsible for any failure or delay in removing any User Content or implementing any of your edits.
User Content; License Rights.
Ownership of User Content. As between you and CAT, you are the owner of your User Content, subject to the rights and consents granted and provided CAT in Section 9.2 below.
License to CAT.
The rights granted to CAT pursuant to the immediately preceding paragraph, above, include to the same extent and with the same scope as set forth above, the exclusive right to take legal action against an infringer or violator of the intellectual property rights in your User Content licensed to CAT where such infringement or violation involved our Site or Services, including for purposes of illustration and without limitation, where User Content you posted on the Site was copied or distributed without CAT’s authorization, which include the exclusive right to sue and recover damages for such infringements and violations, and the exclusive right to exercise any other applicable remedies that now or hereafter may arise or be secured under the laws of all jurisdictions.
Representations and Warranties Regarding User Content.
We respect the intellectual property rights of others, and we require you to do the same. As such, you hereby represent and warrant to us as follows: (a) you have the full right and authority to enter into this Agreement and your User Content and use of the Service will comply with all applicable laws and regulations; and (b) you own or otherwise have sufficient rights to your User Content, and have obtained all approvals and permissions required, for uploading, distributing, posting or otherwise transmitting to, through or from the Service, or creating using the Service, your User Content, and as otherwise may be required by law in order to comply with this representation and warranty, and for granting to CAT the rights to your User Content contained in this Agreement. You further represent and warrant that none of the foregoing acts or any other act or omission by you involving your User Content or the Service will violate our Use Policy set forth in Section 7 or violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and that you will pay for all royalties, fees, damages, expenses and any other monies owed as a result of a claim resulting from any of the foregoing acts or omissions associated with your User Content and your use of the Service.
CAT Intellectual Property.
Content. For purposes of this Agreement, and subject to your and our respective rights in your User Content, “Content” is defined as the individual elements and compilation of any information, communications, published works, photos, videos, graphics, music, sounds, or other material that can be viewed or perceived on our Site, regardless of origin, including the compilation of all User Content presented on the Site. You agree that all Content presented to you on this Site is protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright and, as between you and CAT, shall be regarded as the sole property of CAT and/or its Affiliates and their respective licensors.
The Site and Services. The Site and Services, including all computer software in source code, object code or other form, databases, indexing, search, and retrieval methods and routines, hypertext markup language code, active server pages, intranet pages, and similar materials, and all intellectual property and other rights, title, and interest therein, including copyrights, trade secrets, rights in patents, compilations, inventions, modifications, updates, extensions, enhancements, configurations, derivative works, discoveries, improvements, processes, methods, designs, know-how and underlying ideas and concepts, whether or not copyrightable or patentable, pertaining to any of the foregoing (all of which shall be deemed part of the Site and Services), whether conceived by CAT alone or in conjunction with others (collectively, “CAT IP”), are owned by CAT, its Affiliates and/or their respective licensors, and are protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright, and constitute trade secrets and confidential information of CAT. You agree to hold in confidence, and not disclose to any person or entity, all confidential information of CAT, which shall include your User ID and password for the Services, nor use or disclose it for any purpose at any time other than in connection with your authorized use of the Services. Except for the rights expressly granted to You in this Agreement, all rights in the Site and Services and all CAT IP and any other proprietary rights thereto, are and shall remain solely owned by CAT and its respective licensors and are hereby assigned to CAT. CAT reserves all rights not expressly granted to You in this Agreement.
Trademarks; Service Marks. All custom graphics, icons, logos and service names used by CAT are trademarks or registered trademarks of CAT and/or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, and/or the name of CAT or its Affiliates, nor the right to exercise any of CAT’s exclusive copyrights except as expressly set forth herein.
Limitations on Use of Content.
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site Content constitutes a material breach of this Agreement and violates our intellectual property rights and/or those of our licensors and could result in criminal or civil penalties in addition to termination of this Agreement.
You also agree and acknowledge that you will not:
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Content, Services or our Site;
“Frame” or “mirror” any Content, Services or portion of our Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Content, Site or Services; or
Harvest or collect information about users of the Services without their and our express consent.
No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of the Site, our Services, or any Content displayed on or obtained through this Site will not infringe the rights of third parties.
Third-Party Sites and Information. This Site may redirect or link to other third-party websites, or may otherwise include references to information, products, or services made available by affiliated or unaffiliated third parties. While we make reasonable efforts to work with trusted, reputable providers, some websites may contain information, material, or policies that some persons may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites. The inclusion of such a link or reference is provided merely as a convenience, and does not imply endorsement of, or association with, the third-party website by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including, but not necessarily limited to, the delivery of, and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
Disclaimer of Warranties.
THE SITE AND ALL CONTENT AND SERVICES, INCLUDING THEIR FEATURES AND FUNCTIONALITY, 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 SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES OR ANY THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE, CONTENT AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AVAILABLE AT THIS SITE MAY BE OUT-OF-DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF THIS SITE AND ANY SERVICES OR CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM RESULTING THEREFROM, INCLUDING TO ANY COMPUTER SYSTEM OR LOSS OF DATA AND ANY OTHER DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS, COMPANIES, GROUPS, OR VENDORS. YOU ACKNOWLEDGE THAT ANY SUCH TRANSACTIONS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES, AND THAT CAT SHALL HAVE NO LIABILITY OR RESPONSIBILITY RELATED THERETO.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US, OR ANY OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, CONTENT OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Limitation of Liability and Indemnification
CAT’s SOLE AND EXCLUSIVE LIABILITY, AND THAT OF ITS AFFILIATES, OWNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS, AND YOUR EXCLUSIVE REMEDY, REGARDLESS OF THE THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THIS SITE, THE CONTENT AND OUR SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SERVICES FOR THE APPLICABLE SUBSCRIPTION TERM DURING WHICH THE INCIDENT WHICH GAVE RISE TO THE LIABILITY FIRST AROSE.
IN NO EVENT SHALL WE OR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST OR DAMAGED DATA, TRADING LOSS OR PROFIT LOSS, BUSINESS INTERRUPTION, LOSS OF PRIVACY, LOSS OR DISCLOSURE OF CONFIDENTIAL INFORMATION, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT AND OUR SERVICES OR OF ANY SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, NEITHER CAT NOR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, SHALL BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR SITE, SERVICES OR CONTENT, NOR FOR PROVIDING ASSISTANCE WITH REGARD TO ANY THIRD PARTY TRANSACTIONS, NOR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM ANY THIRD PARTY BY RESPONDING TO THIRD PARTY OFFERS THROUGH THIS SITE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS WITH SUCH THIRD PARTIES. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless CAT, our Affiliates, and each of their respective owners, employees and independent contractors from and against all liabilities, claims, and expenses, including, but not limited to, attorneys’ fees and costs, that may arise from or relate to: (a) your use or misuse of this Site or our Services or Content; (b) your User Content; (c) any breach of this Agreement for which you are responsible; and/or (d) violation, misappropriation or infringement of any intellectual property or other rights of CAT and/or any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Survival. All unmet payment obligations; limitations and disclaimers of damages and warranties; statements of the parties’ respective ownership and license rights (except for license rights granted to you with regard to the Services), and such other terms which by their nature are intended to survive, shall survive any termination or expiration of this Agreement, including this Section 14.
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations, do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
All notices to a party shall be in writing and shall be made either via email, direct message, commercial overnight courier or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to our address at CastAway Trader LLC, 123 SE 3rd Ave #157, Miami, Fl 33131 if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, direct message in the Trading Chat Room, or to the address we have on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication: (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight courier, with written verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email or confirmed direct message.
No Resale Right.
You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of, or access to this Site, or Services provided through this Site, beyond the limited rights granted to you hereunder.
Notwithstanding anything in this Agreement to the contrary, except for payment obligations, neither party will be liable for any breach of this Agreement or resulting damages from delay or failure with respect to any obligation hereunder, nor for any damages or loss of any kind, resulting from causes beyond its reasonable control, including acts of God, earthquake, storms or other elements of nature, labor disputes, blockages, embargoes, riots or other industrial disturbances, mechanical, electrical, electronic, telecommunications, Internet or other third party supplier delay or failure, acts or orders of any governmental authority, criminal acts, war or terrorism, including cyber attack or other malicious intrusion into or breach of security with respect to data or computer systems.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by CAT to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may not be altered, supplemented, or amended by the use of any other document. To the extent that any other statement, term or condition in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
During the course of this Agreement or otherwise, you may provide, or CAT may solicit, input regarding the Service, including comments, feedback or suggestions regarding the possible creation, modification, configuration, correction, improvement or enhancement of the Service, CAT’s web site or any of CAT’s or CAT’s Affiliates’ products or services, or their operation, functions or features (collectively, “Feedback”). Any information CAT discloses to you related to or in response to Feedback shall be protected as Confidential Information of CAT. For the consideration provided to you in the form of the right to use the Service, you agree that CAT shall own all rights, title, and interest in and to the Feedback, even if you have designated the Feedback as confidential. CAT and its Affiliates will be entitled to use the Feedback without restriction. You hereby irrevocably assign to CAT all rights, title, and interest in and to the Feedback and agree to provide CAT any reasonable assistance CAT may require to document, perfect, and maintain its rights in the Feedback.
Relationship of the parties.
For purposes of this Agreement, neither party is an agent of the other, and neither party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other. Each party is an independent contractor with respect to the other and neither party shall have the power or authority to bind the other party to any contract or obligation.
The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. The term “person” includes individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.” The word “term” shall be deemed to refer to any term, condition or other type of provision under this Agreement. The word “will” shall be deemed synonymous with “shall” when referring to the acts or obligations of a party. References to this Agreement in the context of any requirement of either party to perform in accordance with this Agreement shall be interpreted to refer to the terms of this document, and such other terms as are contained in any Exhibit.
The captions in this Agreement are for convenience of reference only and shall not be used to interpret this Agreement. All dollar amounts stated in this Agreement are in U.S. dollars.