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This page outlines
the User Agreement and General Conditions of access
to and use of the Site.
Acknowledgment and Acceptance of User Agreement and General
Conditions
www.cta-info.com (the "Site") is owned and operated
by Managed Account Reserch Incorporated (“MARI”) and
may contain material from MARI and other related
companies (collectively, “MARI"). Your access to,
use of, linking to the Site, use of software or
downloading software on the Site and framing parts
of the Site (collectively, your “Access”) is
conditional upon your acceptance and compliance with
the user agreement, terms, conditions, notices and
disclaimers contained on this page and elsewhere on
the Site ("Conditions"). Your Access to the Site
constitutes your agreement to be bound by the
Conditions. MARI reserves the right to change the
Conditions under which this website, the Forums, and
the Content are made available. MARI also reserves
the right to amend the Conditions at any time and
you should periodically refer to them on this page
and elsewhere on the Site.
Ownership of Content on the Site
The materials displayed on the Site, including
without limitation all information, text, materials,
graphics, software, tools, products, services, data,
results derived from the use of software and tools,
advertisements, names, logos and trade marks on the
Site (collectively, referred to as "Content") are
protected by copyright, trade mark and other
intellectual property laws unless expressly
indicated otherwise on the Site. Your use of the
Content, or any of them, constitutes your acceptance
of the Conditions and is subject to it.
You must not modify, copy, reproduce, republish,
frame, download onto a computer, upload to a third
party, post, transmit or distribute this Content in
any way except as expressly provided for in the
Conditions or with the express prior written consent
of MARI.
You may not use any "robot," "spider," "scraper," or other
automatic device, or a program, algorithm or
methodology having similar processes or
functionality, or any manual process, to monitor or
copy any of the Web pages, data or content found on
this site, without the prior written permission of
MARI.
Access to the Site
You may view the Site using your web browser and
save an electronic copy, or print out a copy, of
parts of this web site solely for your own personal
use, information, research or study, but only if you
keep all Content intact and in the same form as
presented on the Site (including without limitation
all copyright, trade mark and other proprietary
notices and all advertisements).
You may not publish, retransmit, redistribute or otherwise
reproduce the Content, including but not limited to
the underlying data, in any form, to anyone, whether
or not you accept compensation for doing so. You may
save data and charts to your hard drive or other
storage media, and you may print data and charts out
onto paper, and manipulate them in any way you like,
provided that you do so for your own use, and do not
distribute the charts or data to others.
You must not use the Site or the Content in any
manner or for any purpose which is unlawful or in
any manner which violates any right of MARI or which
is prohibited by the Conditions.
You must not use the Content for commercial purposes
without first obtaining the express written
authority of MARI.
Use of Forums
To the extent that Site contains bulletin
boards, or other message or communication facilities
(collectively, "Forums"), you agree to use the
Forums only to send and receive messages and
material that are proper and related to the
particular Forum. By way of example, and not as a
limitation, you agree that when using a Forum, you
shall not do any of the following:
-
Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
-
Publish, post, distribute or disseminate any
defamatory, infringing, obscene or unlawful
material or information;
-
Upload files that contain software or other
material protected by intellectual property laws
(or by rights of privacy or publicity) unless
you own or control the rights thereto or have
received all necessary consents;
-
Upload files that contain viruses, corrupted
files, or any other similar software or programs
that may damage the operation of another's
computer;
-
Delete any author attributions, legal notices,
or proprietary designations or labels in any
file that is uploaded;
-
Falsify the origin or source of software or
other material contained in a file that is
uploaded;
-
Advertise or offer to sell any goods or services
or conduct or forward surveys, contests, spam,
or chain letters;
-
Download any file posted by another user of a
Forum that you know, or reasonably should know,
cannot be legally distributed in such manner.
-
Repeat violators (and, at MARI's sole
discretion, one-time violators) are subject to
having their access terminated, without waiver
of any other remedies available at law or
equity.
You acknowledge that all your communications in Forums are public
and not private communications. Further, you
acknowledge that chats, postings, conferences and
other communications by other users are not endorsed
by MARI, and such communications shall not be
considered reviewed, screened, or approved by MARI.
You agree that MARI may monitor your postings to the Forums to
comply with any necessary laws, regulations or
government requests, and as reasonably necessary to
protect itself and its users, and for any other
legitimate business purpose.
MARI reserves the right for any reason to remove without notice
any contents of the Forums received from users,
including without limitation bulletin board
postings. MARI reserves the right in its discretion
to deny any user access to this website or any
portion thereof without notice.
Disclaimer and Limitation of Liability
MARI makes reasonable efforts to ensure that the
information made available through the Content is
accurate and up-to-date. Mistakes and accidents do
happen, though, so before trading, you should
confirm the accuracy and timeliness of information
you receive through any Content against that
provided by another source.
As a condition of using any Content, you agree that MARI will not
be liable for any damages whatsoever (including but
not limited to lost profits, trading losses and
damages) that result from inconvenience, delay or
loss of the use of the Content, or inaccuracy of the
information provided through or comprising Content,
even if MARI has been advised of the possibility of
such damages, and regardless whether the claim for
such damages is based in contract, tort, indemnity,
or some combination, or otherwise.
MARI makes no express or implied warranties (including, without
limitation, any warranty of merchantability or
fitness for a particular purpose or use) regarding
information provided through or comprising any
Content. All Content, including but not limited to
the data, are provided to you "as is." Although they
are obtained from sources believed to be reliable,
they are not guaranteed.
Indemnity
You must indemnify and hold harmless MARI and MARI
Personnel and keep them indemnified, against all
loss, actions, proceedings, costs, expenses
(including legal fees), claims and damages arising
from:
(a) any breach by you of the Conditions; or
(b) reliance by you on any information obtained
through the Site; or
(c) your Access to the Site; or
(d) reliance upon or use of any Content by any
person accessing any Content through your web site.
Not investment advice
The Content on the Site provides general information
only. It is not intended as investment advice and
must not be relied upon as such. You should obtain
professional investment advice tailored to your
specific circumstances prior to making any
investment decisions.
Some Content on the Site provides general
information about certain financial products
including without limitation securities and
derivatives products. The Site does not provide, and
must not be construed as providing, recommendations
in relation to any financial products. Prior to any
action or investment you should seek independent
professional advice.
Advertising and links to other web sites
The Site contains links to third party sites
(“Linked Sites”). Linked Sites are not under the
control of MARI, and MARI is not responsible for the
content of any Linked Site or any hyperlink
contained in a Linked Site (“Subsequent Link”). MARI
provides these hyperlinks to you as convenience
only, and the inclusion of any link does not imply
any endorsement of the Linked Site by MARI or MARI
Personnel. You link to any Linked Site or Subsequent
Site entirely at your own risk.
The Site may also contains third party
advertisements including banner ads, third party
logos and information, material and documents
relating to or provided by third parties ("Third
Party Material"). The Third Party Material may
contain embedded hyperlinks to web sites operated by
third parties or their licensees or contractors
(“Third Party Websites”). Neither MARI nor MARI
Personnel recommends or endorses the products or
services of those third parties. In some instances,
the Third Party Material will contain
representations or offers by the third party which
you can accept by linking to the third party’s
website and executing the relevant transaction. Such
offers are not made by MARI or MARI Personnel, and
the third party is solely responsible to you for the
delivery of any goods or services you purchase on
the third party website.
Neither MARI nor MARI Personnel give any
representation or warranty as to the reliability,
accuracy or completeness of any Third Party Material
on the Site, Third Party Websites, Linked Sites, or
Subsequent Sites, nor do they accept any
responsibility arising in any way (including
negligence) for errors in, or omissions from such
Third Party Material, Third Party Websites, Linked
Sites or Subsequent Sites.
From time to time, you may notice unusual links
appearing on the Site. These links are usually
highlighted in text of a different color and when
followed also direct the user to other sites. As
with other third party websites, the content of
those sites is not endorsed or approved by MARI in
any way and are outside our control.
Linking to the Site
External parties may link to the following sections
of the Site provided the conditions listed under the
section Linking Conditions below are met.
Linking to the Home Page. MARI welcomes links to the
home page of the Site, provided that the link is a
text link only which directs to the home page of
[www.cta-info.com] and the link to the Site is
identified clearly as such on your site.
Linking to other pages. MARI does not allow external
sites to link to the any other pages.
Under no circumstances should you copy the Content from the Site
and place it directly on your web site or maintain a
copy of the Content on your computer.
Linking Conditions
Any link to the MARI website must comply with the
Conditions and the link must not, in MARI’s opinion
deceive or mislead, nor suggest any relationship,
endorsement or sponsorship between your site and the
Site, nor place the link in any context which may
breach any laws. MARI is not liable and you agree to
indemnify MARI to the extent that any such conduct
is found to have occurred.
The link must be made in good faith, and must not in
MARI’s reasonable opinion cause the MARI brand or
any MARI trade mark to be viewed in a negative or
potentially negative light and the link must not
frame the Site.
No other linking is permitted unless it is the
subject of a separate specific written agreement
between you and MARI.
Access Rights
You agree to allow MARI access to your web site
at any time so that MARI can review whether you are
complying with these Conditions. If requested by
MARI, you must provide any passwords that are
required to access your web site.
Termination
MARI can terminate your right to link to the
Site at any time by placing a notice on this Site or
by informing you directly. If we terminate your
right to link to the Site you must cease linking to
the Site immediately.
Jurisdiction
The Conditions will be governed and construed in
accordance with the laws of the State of Colorado,
without regard to its conflicts of laws provisions
or those of any other jurisdiction, and by using
MARI's Content, or any of them, you agree that any
litigation or other dispute arising out of or
relating to the Conditions or MARI's Content shall
be brought exclusively in the courts located in
Denver County Colorado, and that you consent to the
personal jurisdiction of, and venue in, such courts.
In the event of any dispute arising out of the
subject matter of, or to enforce, the Conditions,
the prevailing party shall recover, in addition to
any other damages assessed, its reasonable expenses,
including attorneys' fees and costs, incurred in
resolving such dispute. |