Terms of Service and Disclaimers
DeMark Analytics, LLC and its affiliates ("DeMark Analytics") operate this website ("Website") to provide online access to information about DeMark Analytics and its products and Services (as defined herein). By accessing and using this Website, you agree to each of the terms and conditions set forth herein ("Terms of Service" or "TOS"). DeMark Analytics reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TOS will constitute your acceptance of the TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the Website. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by DeMark Analytics and shall be of no force or effect.
Any opinions, news, research, analyses, prices, or other information presented on or through this Website are provided as general market commentary and do not constitute investment advice. You acknowledge that you enter into any transactions relying on your own judgment. Opinions expressed by our company's representatives regarding the prices of specific currencies and the direction they will take in the future do not necessarily represent the opinion of DeMark Analytics or its personnel, and are not guaranteed in any way. In no event shall DeMark Analytics be held liable for losses incurred in connection with any decision made by any party based on information provided verbally, in writing or via the internet by our staff, or any delays, inaccuracies, errors, or omissions in or relating to such information.
The materials, including but not limited to the DeMark Indicators®, presented on or through this Website are solely for educational and informational purposes. No offer or solicitation to buy or sell currencies, or any type of investment or trading advice or strategy, is made, given or in any manner endorsed by DeMark Analytics or its affiliates. You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
This Website, including but not limited to all text, content (including but not limited to the DeMark Indicators®, DeMark Chat Rooms, TD Re-Search and TD Cursor Commentary®) and any other product provided by DeMark Analytics , photographs, video, audio and graphics and goods (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. Without limiting the generality of the foregoing, you agree that no ownership, right, title or interest in or to the DeMark Indicators® is conveyed to you by this Agreement, and you acknowledge that DeMark Analytics holds all ownership, trademark, copyright and other proprietary rights and interests to and in the DeMark Indicators and that the DeMark Indicators is and shall at all times remain the sole and exclusive property of DeMark Analytics.
You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in 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 DeMark Analytics, at all times be and remain the sole and exclusive property of DeMark Analytics. 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 DeMark Analytics for its exclusive use. You shall not use the 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 DeMark Analytics' prior written approval. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof.
RESTRICTIONS ON USE
YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL 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. 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 DEMARK ANALYTICS OR ANY OF ITS SUPPLIERS. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE. YOU MAY NOT RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE WITHOUT DEMARK ANALYTICS' PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF THE COPYRIGHTS AND OTHER PROPRIETARY RIGHTS OF MARKET STUDIES OR ITS AFFILIATES. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF DEMARK ANALYTICS. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. FURTHERMORE, YOU MAY NOT USE ANY OF THE TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF DEMARK ANALYTICS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH DEMARK ANALYTICS' CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF DEMARK ANALYTICS OR ITS AFFILIATES IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
DISCLAIMERS 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 ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT DEMARK ANALYTICS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. DEMARK ANALYTICS MAKES NO REPRESENTATIONS CONCERNING THE LIKELIHOOD OF PROFITABLE TRADING USING THE SERVICES.
DEMARK ANALYTICS DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE, OR E-MAIL SENT BY DEMARK ANALYTICS OR ITS REPRESENTATIVE, 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 DEMARK ANALYTICS AND ITS SUPPLIERS, MANAGERS, MEMBERS, AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF DEMARK ANALYTICS 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 DEMARK ANALYTICS 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.
YOU ACKNOWLEDGE THAT: (I) THE SERVICE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED FOR TRADING PURPOSES; (II) THE SERVICE MAY INCLUDE CERTAIN INFORMATION TAKEN FROM STOCK EXCHANGES AND OTHER SOURCES FROM AROUND THE WORLD; (III) DEMARK ANALYTICS DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE; (IV) NONE OF THE INFORMATION CONTAINED ON THIS WEBSITE CONSTITUTES A SOLICITATION, OFFER, OPINION, OR RECOMMENDATION BY DEMARK ANALYTICS TO BUY OR SELL ANY SECURITY, OR TO PROVIDE LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE OR SERVICES REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT; AND (V) THE INFORMATION PROVIDED ON THIS WEBSITE IS NOT INTENDED FOR USE BY, OR DISTRIBUTION TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH USE OR DISTRIBUTION WOULD BE CONTRARY TO LAW OR REGULATION. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, DEMARK ANALYTICS 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.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DEMARK ANALYTICS, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF DEMARK ANALYTICS HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DEMARK ANALYTICS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
You agree to defend, indemnify and hold harmless DeMark Analytics its managers, members, officers, agents, employees, third party content providers and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your access to and use of this Website or the Services; (ii) your breach or violation of any term, condition, representation or warranty contained in the TOS; and (iii) your violation of state or federal laws or regulations, or any other person's rights, including but not limited to infringement of any intellectual property, proprietary, or privacy right of any third party.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS and any applicable license agreement. Such download is licensed to you by DeMark Analytics only for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
Other Important Terms
You may terminate the TOS by discontinuing your use of the Service and destroying all materials obtained from the Service. You agree that, without notice, DeMark Analytics may terminate the TOS with or without cause at any time and effective immediately.
This Website is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
DeMark Analytics and its managers, members, employees and agents may trade or hold positions in any securities or commodity futures mentioned or discussed by DeMark Analytics with respect to its products or services.
The TOS shall be governed and construed in accordance with the State of Arizona, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona 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 TOS.
The TOS and any other terms and conditions of service on this Website, and its successor, constitute the entire agreement between you and DeMark Analytics and govern your use of the Service.