Before becoming a subscriber (referred to as a "Subscriber") to any service (referred to as the "Service") provided by NAVITRADER™, INC., (a.k.a.NaviTrader.™), you must read and agree to the following terms and conditions of use (referred to as the "Terms and Conditions") which govern your use of this Web site and your relationship with NAVITRADER™, INC a/k/a NaviTrader™ and all individuals and companies associated with this Web site (collectively referred to as "NaviTrader™" or "We"). If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Web site. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
TERMS AND CONDITIONS
By using NaviTrader™, including any software and content contained therein, you agree that use of the Service is entirely at your own risk. NaviTrader™ is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Past results of any individual trader, system, strategy or model published on this Web site are not indicative of future returns by that trader, system, strategy or model and are not indicative of future returns which may be realized by you. We assume no responsibility or liability for your trading and investment results. The indicators, strategies, columns, articles and all other features of NaviTrader™ (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. The analysts and employees or affiliates of NaviTrader™ may hold positions in the stocks or industries discussed here. You should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research enabling you to form your own opinion regarding investments. Factual statements in this web page are made as of the date stated and are subject to change without notice.
By using the Information on NaviTrader™, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. NaviTrader™ does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from a qualified professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, NaviTrader™ or others for the purchase or sale of securities.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, NAVITRADER™ DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER NAVITRADER™, NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF NAVITRADER™, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
NaviTrader™, or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the NaviTrader™ Web site, and is the copyright owner or licensee of the content and/or information on the NaviTrader™ Web site, unless otherwise indicated. NaviTrader™ does not grant to you a license to any content, features or materials you may access on this Web site. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Web site solely for your personal use or records. If you make other use of this Web site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Web site.
We reserve the right to change any information on the NaviTrader™ Web site, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Web site may provide you with access to other Web sites for which we assume no responsibility of any kind for the content, availability or otherwise. (See "LINKS" below.) The content of the NaviTrader™ Web site may vary depending upon your browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem/cable modem and a working telephone line or other direct internet connection.
In consideration of your use of the Service, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
PAYMENTS, REFUNDS, CHANGE OF SERVICE, and CANCELLATIONS:
For all NaviTrader™ services: You may cancel your subscription at any time, However, refunds will not be given. For example, if you paid $129 for a monthly subscription on January 1, where the monthly price was $129 and you cancelled your subscription on February 15th, you would no longer be billed as of March 1st.
If you paid $1,295 for an annual subscription on January 1, where the annual price was $1,295 and you cancelled your subscription on February 15th, or anytime during that year, you would no longer be billed as of January 1st of the following year.
After you become a registered Subscriber, NaviTrader™ will automatically charge your credit card each month in the case of a monthly subscription or each year in the case of annual subscriptions, at the then current subscription fee rate until you cancel your subscription through the subscription cancellation process by notifying NaviTtrader™ in writing of your cancellation. Subscription fees are not refundable for the initial subscription period or for any partial month in which a subscription is cancelled, in the case of a monthly subscription, or for any partial year in which the subscription is cancelled, in the case of an annual subscription.
If you change your service to a service with a different fee than the service to which you initially subscribed, you must cancel any unwanted services. You will be charged the monthly fee for the new service to which you have subscribed at the start of the next billing month. Monthly subscribers who wish to convert to an annual subscription may do so by canceling the monthly service and request in writing that their subscription be converted to an annual billing basis. Each subscriber is responsible for the subscription fees and any charges incurred to access NaviTrader.™
USER CONDUCT:
While using the Service, you may not:
1.) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
2.) upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
3.) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
4.) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
5.) restrict or inhibit any other user from using and enjoying the Service; or
6.) employ any aspect of the NaviTrader™ Web site to offer, sell or buy any security or other investment vehicle; or
7.) knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX.
8.) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by NaviTrader™) or engage in spamming or flooding; or
9.) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
10.)post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and, subject to the limitations of the NaviTrader™ Privacy Policy, to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in the sole discretion of NaviTrader™, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
SUBMISSIONS:
All information submitted to NaviTrader™ via this Web site shall be deemed and remain the property of NaviTrader™, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user of this Web site provides to NaviTrader™ through this Web site or through emails. NaviTrader™ shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by the NaviTrader™ entity having a direct customer relationship or as otherwise specifically agreed or required by law.
LINKS:
You acknowledge and agree that NaviTrader™, has no responsibility for the accuracy or availability of information provided by linked Web sites. Links to external Web sites do not constitute an endorsement by NaviTrader™ of such sites or the content, products, advertising or other materials presented on such sites.
The links on this Web site may provide you with access to other Web sites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other Web site which may be linked to or from NaviTrader™. You acknowledge and agree that the stock price quotes appearing on the NaviTrader™ Web site are delayed at least 20 minutes, as may required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that NaviTrader™ shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.
Information in Web pages that are linked to NaviTrader™ comes from a variety of sources. Some of this information on the NaviTrader™ Web site may come from unofficial or unaffiliated organizations and individuals, both internal and external to NaviTrader™. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
OTHER INFORMATION:
We are taking reasonable and appropriate measures, to ensure that your personal information is disclosed only to those specified by guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold NaviTrader™ liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current.. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
FAILURE TO COMPLY WITH TERMS AND CONDITIONS AND TERMINATION:
Subscription to this Service may be terminated at any time, and without cause, by either NaviTrader™ or the Subscriber. When termination is requested by a Subscriber, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until end of the billing period in which service is terminated.
You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of NaviTrader™, or is otherwise inappropriate for continued access.
You acknowledge and agree that we may, in our sole discretion, deny you access, through NaviTrader™ to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold NaviTrader™ and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
MISCELLANEOUS:
The Terms and Conditions and the relationship between you and NaviTrader™ shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and NaviTrader™ each agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.
The failure of NaviTrader™ to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.