Podrebarac Capital Strategics, Inc.
TERMS AND CONDITIONS OF SERVICE
FOR PRIVATE INVESTORS AND INVESTMENT PROFESSIONALS
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site or any service on Marketpolygraph.com, you signify your acceptance of these terms and conditions of service ("TCS"). PODREBARAC CAPITAL STRATEGICS INC. reserves the right to modify these terms and conditions at any time without notice and such modifications shall be effective immediately. Please continue to check for updates whenever accessing or using this site as your continued use of the site or any service on this site will constitute your acceptance of these terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site.
All subscriptions and fees based upon Marketpolygraph's Research Notifications, Commentaries, real-time Active Trader trading signals and custom research projects, in addition to the web site, are herein defined as the "Service." You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. This Web site, including but not limited to text, content, photographs, video, audio and graphics is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada and other countries. The web site is also protected as a collective work or compilation under Canadian copyright and other laws and treaties. All subscription- and fee-based e-mails, articles, password-protected chat room correspondence, columns or other elements of correspondence are also copyrighted works.
User Consent to Terms and Conditions of Service
You represent that you have read and agree to be bound by the TCS for www.Marketpolygraph.com. You further agree: (a) to fully comply with the terms outlining the transmission of any data obtained from the Service as defined herein in accordance with the TCS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.
Restrictions on Use
As a Private Investor, your Research for Private Investors subscription entitles you to use the Service solely for your own use and benefit, and not for resale or other transfer, distribution, or disposition to, or use by or for the benefit of, any other person or entity. As an Active Trader, your Research for Active Traders subscription entitles you to use the Service solely for your own use and benefit, and not for resale or other transfer, distribution, or disposition to, or use by or for the benefit of, any other person or entity. As an Investment Professional, your Research for Investment Professionals subscription entitles you an extended license to use, display solely on your computer, download and print short extracts of the Information provided by Marketpolygraph solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. It is understood that Investment Professionals may conduct some commercial activities and that Investment Professional's clients may only indirectly benefit from the Information. Further, a Private Investor, Active Trader and/or Investment Professional subscription also stipulates that you agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of PODREBARAC CAPITAL STRATEGICS INC. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by PODREBARAC CAPITAL STRATEGICS INC. through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of PODREBARAC CAPITAL STRATEGICS INC. You agree to protect the proprietary rights of PODREBARAC CAPITAL STRATEGICS INC. during and after the term of this agreement and to comply with all reasonable written requests made by PODREBARAC CAPITAL STRATEGICS INC. or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify PODREBARAC CAPITAL STRATEGICS INC. by e-mail at email@example.com promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Further Restrictions on Use
Unless you have received the prior written consent of PODREBARAC CAPITAL STRATEGICS INC., the following actions constitute a clear violation of PODREBARAC CAPITAL STRATEGICS INC.'S copyright and other proprietary rights, including but not limited to the following actions:
- Modify, copy, reproduce, distribute, publish, recompile, decompile, disassemble, reverse engineer, display, perform, upload to, create derivative works from, and/or transmit all or part of the Service.
- Redistribute or publish all or part of the Service.
- Offer any part of the Service for sale or distribute it over any medium, including but not limited to, over-the-air television or radio broadcast, a computer network and so on.
- Construct a Service database of any kind.
- Storage of the Service in its entirety or in any part in databases for access by you or any third party or to distribute any database services containing all or part of the Service.
- Improve the quality of any data sold or contributed by you to any third party by employing all or part of the Service.
- Employ any of PODREBARAC CAPITAL STRATEGICS INC.'S trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or associated with you or are used with PODREBARAC CAPITAL STRATEGICS INC.'S consent and you acknowledge that you have no ownership rights in any and to any of these names and marks
- Employ all or part of the Service in unsolicited mailings or Spam material, including but not limited to trademarks, trade names and/or service marks or any person or entity using the Service.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and PODREBARAC CAPITAL STRATEGICS, at all times be and remain the sole and exclusive property of PODREBARAC CAPITAL STRATEGICS. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to PODREBARAC CAPITAL STRATEGICS for its exclusive use. Except as specifically permitted by the TCS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use PODREBARAC CAPITAL STRATEGICS INC.'s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without PODREBARAC CAPITAL STRATEGICS INC.'s prior written approval.
Fees and Payments
PODREBARAC CAPITAL STRATEGICS INC. reserves the right at any time to change any/all of its current Service fees without notice. PODREBARAC CAPITAL STRATEGICS INC. also reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole—if at any time PODREBARAC CAPITAL STRATEGICS INC. requires a fee for portions of the Service or the Service as a whole, PODREBARAC CAPITAL STRATEGICS INC. will require you to undertake a periodic subscription and/or to undertake a periodic payment upon request as defined on the web site and elsewhere. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in PODREBARAC CAPITAL STRATEGICS INC.'s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless PODREBARAC CAPITAL STRATEGICS INC. receives all fees and charges payable by you, including the Prepaid Fee.
Registration and Account Creation
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment, you will register your subscription through Paypal. PayPal enables subscribers with an email address to securely send and receive payments online. You will provide Paypal with certain registration information, all of which must be accurate, truthful, and updated. You shall not select a username already used by another person or use a username in which another person has rights without such person's authorization. PODREBARAC CAPITAL STRATEGICS reserves the right to cancel your subscription to the Service based on PODREBARAC CAPITAL STRATEGICS INC.'s inability to verify the authenticity of your registration information. PODREBARAC CAPITAL STRATEGICS also reserves the right to set a limit on total memberships to the Service by withdrawing the option to subscribe to the Service that is otherwise normally available through the web site. You shall be solely responsible for maintaining the confidentiality of your Paypal account and password. You are fully responsible for all usage or activity on your PODREBARAC CAPITAL STRATEGICS INC. subscription. Notwithstanding anything else herein, PODREBARAC CAPITAL STRATEGICS INC. reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service.
Disclaimer and Limitation of Liability
You agree that your use of the Service is at your sole risk and you further fully understand and acknowledge the following items:
- PODREBARAC CAPITAL STRATEGICS INC. publishes specific buy and sell signals based exclusively on the proprietary principles of Metatechnical and Session Theory given each Theory's respective mid-term and intraday focus; the Service is provided only for informational, educational, and evaluative purposes and must not be construed as investment advice. PODREBARAC CAPITAL STRATEGICS INC. does not offer person to person individual advice nor comment on any specific issue related to trading. We do not manage customer funds. We do not tailor our research to fit any specific person's portfolio.
- Back testing of Metatechnical Theory was conducted in order to determine performance results where historical (i.e. pre-August 2004) market data was treated as "live" data on a sequential, moving-forward basis; conversely, PODREBARAC CAPITAL STRATEGICS INC. has never employed form-fitting optimization techniques in order to retrospectively align either Theory to historical market data that would have otherwise yielded hypothetical performance results as stated. PODREBARAC CAPITAL STRATEGICS INC. have made every effort to eliminate volatility of returns by proper risk management; future trading performance is not guaranteed nor is it implied and no representation is being made that your account will or is likely to achieve profits or losses similar to those shown. You acknowledge that both back tested and live-signal research data/performance results have many inherent limitations, and in fact, there may be significant differences to your actual results. For example, no trading record can completely account for the impact of financial risk in actual trading where the ability to withstand losses or to adhere to a particular research Service in spite of trading losses can nevertheless materially affect actual trading results. There are numerous other factors related to the markets in general or the particular Service which cannot be fully accounted for in the preparation of performance results and all of which can adversely affect your actual trading results.
- You agree that you bear responsibility for your own investment research. You assume full responsibility for any and all financial, emotional, and other gains and losses you experience, suffer or incur: if you cannot afford to take any risk, do not subscribe to the Service. You acknowledge that: (i) PODREBARAC CAPITAL STRATEGICS INC. does not guarantee the sequence, accuracy, completeness or timeliness of the Service; and (ii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which PODREBARAC CAPITAL STRATEGICS INC. is a party. PODREBARAC CAPITAL STRATEGICS INC. reserve the right to hold positions in the securities presented. Accordingly, anything to the contrary herein set forth notwithstanding, PODREBARAC CAPITAL STRATEGICS INC., its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Further Disclaimer and Limitation of Liability
You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and "AS AVAILABLE," and that PODREBARAC CAPITAL STRATEGICS INC. makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. PODREBARAC CAPITAL STRATEGICS INC. does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that PODREBARAC CAPITAL STRATEGICS INC., its Suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of PODREBARAC CAPITAL STRATEGICS INC., its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against PODREBARAC CAPITAL STRATEGICS INC. by any other party; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by PODREBARAC CAPITAL STRATEGICS INC. PODREBARAC CAPITAL STRATEGICS INC. is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. PODREBARAC CAPITAL STRATEGICS INC. does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. PODREBARAC CAPITAL STRATEGICS INC. is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service. Marketpolygraph may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although PODREBARAC CAPITAL STRATEGICS INC. makes every reasonable effort to minimize such downtime, PODREBARAC CAPITAL STRATEGICS INC. does not guarantee 100% availability of the website. You understand that PODREBARAC CAPITAL STRATEGICS INC. and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TCS.
Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TCS.
You agree, at your own expense, to indemnify, defend and hold harmless PODREBARAC CAPITAL STRATEGICS INC. and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against PODREBARAC CAPITAL STRATEGICS INC., its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against PODREBARAC CAPITAL STRATEGICS INC., its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TCS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. PODREBARAC CAPITAL STRATEGICS INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PODREBARAC CAPITAL STRATEGICS INC. in asserting any available defense. You acknowledge and agree to pay PODREBARAC CAPITAL STRATEGICS INC.'s reasonable attorney fees incurred in connection with any and all lawsuits brought against you by PODREBARAC CAPITAL STRATEGICS INC. under the TCS and any other terms and conditions of service on www.Marketpolygraph.com, including without limitation, lawsuits arising from your failure to indemnify PODREBARAC CAPITAL STRATEGICS INC. pursuant to the TCS.
Either you or PODREBARAC CAPITAL STRATEGICS INC. may terminate the TCS with or without cause at any time and effective immediately. You may terminate your account at any time through Paypal, but there will be no pro rata refunds for any unused days remaining in the given billing period. You are solely responsible for all charges incurred up to the time the account is terminated: any termination that is requested or conducted by you on or following the scheduled auto-renewal date will not be eligible for a full or pro rata refund. PODREBARAC CAPITAL STRATEGICS INC. reserves the right to terminate your account without refund, at its sole discretion at any time without notice. The TCS will terminate immediately without notice from PODREBARAC CAPITAL STRATEGICS INC. if you, in PODREBARAC CAPITAL STRATEGICS INC.'s sole discretion, fail to comply with any provision of the TCS. Upon termination by you or PODREBARAC CAPITAL STRATEGICS INC., you must destroy promptly all materials obtained from the Service and any copies thereof.
All client information is kept strictly confidential. PODREBARAC CAPITAL STRATEGICS INC. does not sell or distribute your personal data under any circumstance. PODREBARAC CAPITAL STRATEGICS INC. has implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Despite these precautions, PODREBARAC CAPITAL STRATEGICS INC. cannot guarantee that unauthorized persons will not obtain access to your personally identifiable information.
The TCS shall be governed and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the provincial courts located in the Central West Region in the Province of Ontario with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TCS.
You accept that PODREBARAC CAPITAL STRATEGICS INC. has the right to change the content or technical specifications of any aspect of the Service at any time at PODREBARAC CAPITAL STRATEGICS INC.'s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of PODREBARAC CAPITAL STRATEGICS INC. to exercise or enforce any right or provision of the TCS shall not constitute a waiver of such right or provision.
Third-party opinions expressed at Marketpolygraph are those of the individual authors and do not necessarily represent the opinion of PODREBARAC CAPITAL STRATEGICS INC. or its management.
If any provision of the TCS is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of the TCS will still be valid.
The TCS and any other terms and conditions of service on www.Marketpolygraph.com constitute the entire agreement between you and PODREBARAC CAPITAL STRATEGICS INC. and govern your use of the Service.