1. AGREEMENT
FTMDaily.com delivers and provides a web-based sofware application that allows users to view any U.S. stock or ETF in our Trigger Trade method. Users may also add technical indicators and overlays to charts to perform further analysis. (hereinafter referred to collectively as the service). All use of this service is conditioned by the acceptance without modification of the terms, conditions and notices contained in this Agreement. By executing an agreement with FTMDaily.com via clicking on the “I Agree” button at the end of these terms and conditions, the customer acknowledges that they have read and understand the contents of this Agreement and agree to be legally bound thereby.
2. PROPRIETARY AND TRADEMARK RIGHTS
Customer acknowledges and agrees that: (a) FTMDaily.com is and shall continue to be the owner of the software delivered as a part of this service; (b) Customer’s right to use said software is derived solely from these terms and conditions; and (c) Such right is expressly limited pursuant to these terms and conditions. Customer shall at no time assert any claim of ownership over the software by reason of its use thereof and shall not grant or create or suffer to exist any lien or other security interest in it or any of its rights hereunder.
FTMDaily.com, Profit Trakker, and other product names are trademarks of Robinson Media Group, LLC.
3. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of FTMDaily.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of FTMDaily or any activities conducted on FTMDaily; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to FTMDaily.com.
4. LIMITATION ON LIABILITY
Robinson Media Group, LLC and FTMDaily.com do not warrant or guarantee the accuracy of its charts, screening, and technical analysis. Such accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to customer or for errors, mistakes or omissions therein. FTMDaily.com advises that customers always consult a stock broker or other authorized financial advisor or representative to verify the validity of any trading approaches before making any investments or other financial decisions.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR THE SERVICES DURING THE MOST RECENT TWELVE (12) MONTHS. SUCH LIMITATION SHALL BE THE EXTENT OF FTMDaily.COM’S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST FTMDaily.COM, AND THE FOREGOING SHALL CONSTITUTE FTMDaily.COM’S OR CUSTOMER’S SOLE REMEDY. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CUSTOMER OR FTMDaily.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF FTMDaily.COM OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FTMDaily.COM’S TECHNOLOGY FOR STOCK RESEARCH DOES NOT GUARANTEE OR PREDICT FUTURE PERFORMANCE. FTMDAILY AND/OR PROFIT TRAKKER SHOULD ONLY BE USED AS A RESOURCE FOR INVESTMENT EDUCATION AND NOT FOR THE BASIS OF MAKING ANY INVESTMENT. ALWAYS CONSULT A TRAINED FINANCIAL PROFESSIONAL BEFORE MAKING ANY FINANCIAL DECISION.
5. EXCLUSION OF WARRANTIES
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
6. INDEMNIFICATION
The customer agrees to indemnify FTMDaily.com from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from customer’s use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.
7. PASSWORDS
Customer is responsible for the confidentiality and use of its user ID and password. Customer acknowledges that using the service on two or more computers simultaneously is in violation of this Agreement. Customer agrees to notify FTMDaily.com immediately of any loss, theft, or unauthorized use of their userid or password.
8. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Texas, except with regards to its rules regarding choice of law. Each party irrevocably consents to the jurisdiction of the courts of the State of Texas and the federal courts situated in the State of Texas, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.
9. CUSTOMER INFORMATION
The name, address and payment information that the customer provides as a part of the subscription to any FTMDaily.com services provided on this website will not be disclosed by FTMDaily.com except as permitted by these terms and conditions. Customer agrees that FTMDaily.com may share with other parties non-personal aggregate information, individual information and locator information gathered by FTMDaily.com in the course of customer’s use of the FTMDaily.com service.
10. MODIFICATION TO TERMS
FTMDaily.com reserves the right to modify the terms and conditions of this License Agreement and to terminate customer’s access to and use of the FTMDaily.com services at any time and without prior notice.
EXECUTION OF THESE TERMS AND CONDITIONS:
I hereby understand that by clicking the “I Agree” box I am executing the above Agreement with FTMDaily.com to use their services. I acknowledge that by agreeing, I accept all the terms and conditions of this Agreement and agree to be legally bound thereby.
Information and data provided by FTMDaily.com or the Profit Trakker software should be used for informational purposes only. FTMDaily.com nor Robinson Media Group, LLC is not an investment advisory service. The information and data provided via FTMDaily.com is for entertainment and learning purposes only and does not come with a warranty of any kind. Neither FTMDaily.com nor any of its data or content providers shall be liable for any errors in the content, or for any actions taken in reliance thereon. By accessing the FTMDaily.com site, a member has agreed to the FTMDaily.com License Agreement.
The License Agreement was last updated on June 5, 2014.
