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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 Stillwell Marketing Associates, Inc. (“SMA”) and
may contain material from SMA and other related
companies (collectively, “SMA"). 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. SMA reserves the right to change the
Conditions under which
this website, the Forums, and the Content are made
available. SMA 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 SMA.
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
SMA.
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 SMA or which
is prohibited by the Conditions.
You must not use the Content for commercial purposes
without first obtaining the express written
authority of SMA.
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 SMA'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 SMA, and such communications shall not
be considered reviewed, screened, or approved by SMA.
You
agree that SMA 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.
SMA
reserves the right for any reason to remove without
notice any contents of the Forums received from
users, including without limitation bulletin board
postings. SMA 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
SMA 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 SMA
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 SMA 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.
SMA
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 SMA and SMA 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
SMA, and SMA is not responsible for the content of
any Linked Site or any hyperlink contained in a
Linked Site (“Subsequent Link”). SMA provides these
hyperlinks to you as convenience only, and the
inclusion of any link does not imply any endorsement
of the Linked Site by SMA or SMA 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 SMA nor SMA
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 SMA or SMA 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 SMA nor SMA 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 SMA 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. SMA 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. SMA 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 SMA website must comply with the
Conditions and the link must not, in SMA’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. SMA is not liable and you agree to
indemnify SMA to the extent that any such conduct is
found to have occurred.
The link must be made in good faith, and must not in
SMA’s reasonable opinion cause the SMA brand or any
SMA 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 SMA.
SMA Access Rights
You agree to allow SMA access to your web site
at any time so that SMA can review whether you are
complying with these Conditions. If requested by SMA,
you must provide any passwords that are required to
access your web site.
Termination
SMA 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 California,
without regard to its conflicts of laws provisions
or those of any other jurisdiction, and by using
SMA's Content, or any of them, you agree that any
litigation or other dispute arising out of or
relating to the Conditions or SMA's Content shall be
brought exclusively in the courts located in Santa
Barbara County California, 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. |