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Disclaimer / Terms of Use / Members Agreement

Disclaimer
The material provided by Performance Signal is for general informational purposes only. This Information is not intended as investment advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The opinions and analyses included in the Information are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. You may lose part or all of your investment, and if you engage in margin transactions your loss may exceed the amount invested. Further, performance in the past is no guarantee of that in the future, and the member understands that some results on Web site or Electronic Communications are the results of back-testing, and as such are merely hypothetical.

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING IN GENERAL IS ALSO SUBJECT TO THE FACT IT IS DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

Terms of Use
By accessing and using the Performance Signal service, the Information on this Web site (the "Site") or Electronic Communications, you are agreeing to be bound by these terms of use, conditions and disclaimer ("Terms of Use") and all applicable laws and regulations. If you do not agree with any part of these Terms of Use, you must immediately discontinue any use of the Site. These Terms of Use may change from time to time without notice and it is your responsibility to check for updates. By using this Site you are agreeing to be bound by the, then current version of these Terms of Use. The last revision date for these Terms of Use is set forth below. Any reference to Performance Signal in this document shall mean Performance Partners, LLC and its subsidiaries, and this document shall operate as a legal agreement between member and Performance Partners, LLC.

Content/Reserved Rights
Performance Signal either owns the intellectual property rights, or has acquired the necessary permissions from content providers or suppliers, in all of the content, information, software, products and services on this Site and in Electronic Communications transmitted to members from time to time, including all text, HTML code, multimedia clips, images, graphics, icons, Java code and the selection and arrangement of the contents (collectively the "Information").

Restriction on Use/Limited License - Individual Members
Performance Signal grants you a limited non-exclusive, non-transferable license to use, display on your computer, download and print short extracts of the Information for your own personal and non-commercial purposes only, provided that:

  • You do not modify any of the Information.
  • You can not download any of the Information for use in third party programs.
  • All copyright and other proprietary notices are retained.
  • You abide by these Terms of Use.
  • You do not make the information available to third parties.

No other use of the Information is permitted. Without limiting the generality of the foregoing, you may not:

  • Copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivative works from, transfer or sell any of the Information.
  • Use any of the Information for any commercial purpose, or for any public display (commercial or non-commercial).
  • Include any of the Information or reference thereto in or with any information, product or service that you create, distribute or provide.
  • Copy or transfer any of the Information onto your own Web site or any other Web site or server.

Performance Signal retains the right to terminate at any time, and without cause, subscription or access to our services.

No Warranties
Performance Signal does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information or of any product or services referenced on the Site. Performance Signal assumes no obligation to update the Information or advise on further developments concerning topics mentioned. The Site and the Information may be changed from time to time without notice. The Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions.

Performance Signal IS PROVIDING THIS SITE AND THE INFORMATION ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE OR THE INFORMATION OR WITH RESPECT TO THE USE OR SUITABILITY OF THE SITE OR THE INFORMATION FOR ANY PURPOSE. THE INFORMATION MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS.

Performance Signal disclaims all warranties, representations and conditions regarding the Site and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from a course of dealing, usage or trade practice.

Disclaimer of Liability
Performance Signal, its employees, directors, agents, the content Providers and any other parties involved in the creation, production or delivery or marketing of the Site or the Information disclaim any responsibility and shall not, in any event, be liable for any damages, claims, liabilities, costs or obligations including any indirect, punitive, special, incidental or consequential damages, including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively the "Damages") whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Site or the Information or with the delay or inability to use the Site or the Information, whether such Damages arise in contract, tort, strict liability, negligence, equity or statute law or by way of any other legal theory, even if Performance Signal has been advised of the possibility of damages. Performance Signal’s liability shall be strictly limited to those monies paid-to-date by member.

Performance Signal disclaims any liability for unauthorized use or reproduction of any portion of the Information or the Site.

Electronic Communications
It is the sole responsibility of the member to provide Performance Signal with an accurate and current e-mail address, and keep member profile updated. Member understands that Performance Signal will communicate with member at its own discretion, and that it has no obligation to do otherwise. In the event that Performance Signal communicates with member it makes no representations; and strictly disclaims any responsibility that said communication will be actually received by member.

Links
This Site may contain links to other Internet sites. Such links are provided for reference only and were independently developed by parties other than Performance Signal. Performance Signal is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by Performance Signal of the site. Use of any such linked site is at the user's own risk.

No Endorsement
Reference to any third party information, product, process or services at this Site or any linked site is not an expressed or implied endorsement by Performance Signal.

Subscription Based Content
Some contents and/or services on this Site may be offered to you conditioned on your payment of subscription fees. If you elect to purchase subscription-based content/services and transmit to Performance Signal a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. All payments are due and owing in Virginia Beach, VA. You agree that these Terms of Use will apply to your subscription. You also agree to be bound by any additional terms of use, conditions and disclaimers that may be required by Performance Signal or any content Providers from time to time. This Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Performance Signal makes every reasonable effort to minimize such downtime, Performance Signal does not guarantee 100% availability of the Site. If you wish to cancel your subscription, you may do so through the procedure described in our Refund Policy.

Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.

No Solicitation
No part of this Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on this Site may only be available in certain areas or jurisdictions. Any products or services mentioned on this Site are made available in accordance with local laws and only where they may be lawfully offered for sale.

Confidentiality Warning
Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Performance Signal will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you may make to Performance Signal through the Internet, or that you expressly or implicitly authorize Performance Signal to make, or for any errors or any changes made to any transmitted information.

Conformance with Law
You agree that your use of this Site will not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate any person in your use of the Site or the sending of any e-mail to an address listed on the Site.

Severability
If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will still be valid.

Governing Law
The laws of the State of Virginia will govern as to the interpretation, validity and effect of these Terms of Use and as to any dispute or claim based on your use of the Site or the Information, notwithstanding any conflict of laws provisions of your domicile, residence or physical location.

If you have any questions or concerns, please contact us by e-mail at support@performancesignal.com.

If you do not agree to be bound by the above document, you should immediately discontinue any use of this Site.