Beyond the Chart LLC Terms and Conditions
By using the joehentges.net web site (Site) and/or subscribing to the Beyond the Chart Insider membership (“Service”), a service of Beyond the Chart LLC (Company), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service , including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any the terms below will result in the termination of your Account. While Company prohibits certain conduct and Content on the Service, you understand and agree that Company cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
These Terms of Service include:
- Your agreement that the Service is provided “as is” and without warranty.
- Your agreement that the Company has no liability regarding the Service.
- Your consent to release the Company from liability based on claims between Users and generally.
- Your agreement to indemnify the Company from claims due to your use or inability to use the Service or content submitted from your account to the Service.
- You must be 18 years old or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
PAYMENT AND REFUNDS
- A valid credit card is required for paying accounts.
- You may cancel your paying account at any time. You will not be charged again and you account will be closed the end of your current monthly or yearly period whichever applies.
- The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service. The only exception to the refund policy is: a renewed subscription payment may be refunded if a request for refund has been received in writing within 72 hours of the renewal date.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Canceling your Service may cause the loss of features, or capacity of your Account. Company does not accept any liability for such loss.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by going to the Account Information section of the Dashboard page.
- If you cancel the service before the end of your current paid up month, your cancellation will take effect at the end of the current month and you will not be charged again. If you are on the yearly plan and you cancel before the end of your 12 month period, your cancellation will take effect at the end of that 12 month period and you will not be charged again.
- Company in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Company service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Company reserves the right to refuse service to anyone for any reason at any time.
The information and Service offered by Company is intended to familiarize and educate you in historical performance and/or techniques and/or analysis of various strategies of trading stocks and options. The information and instruction is not intended, and should not be implied to intend, as any assurance that any profit level, or any profits shall be attained or realized.
The Company is not a broker or dealer, or a member of any stock exchange or other security exchange and is not registered with any regulatory agency. The services provided by the Company are for educational purposes only. The Company assumes no responsibility, obligation or liability for any loss or expense which may be incurred as a result of the Service or the utilization of any information and or techniques resulting there from. Each person must make their own trading decisions based on many factors.
Options trading may not be suitable for all investors. Before deciding to trade options you should carefully consider your investment objectives, level of experience and risk appetite. Options trading involves risk and one may lose all or part of their investment.
By accepting this agreement you acknowledge and agree:
- That the Company has not made nor will you hereafter claim or construe that the Company has made any representations, or warranties of any kind whatsoever that your trading activities will result in any profits.
- That you acknowledge and agree that all trading decisions that you may hereafter elect to make shall have been by means of your sole determination, and shall not have been by means of the assistance of the Company.
- That the Company has recommended that you consult with a financial professional before beginning any trading program.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets.
Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
MODIFICATIONS TO THE SERVICE AND PRICES
- Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part therof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Company. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
- Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Service.
ACCESS TO THE SITE
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Company makes no representations, warranties or assurances as to the availability of the Site.
OWNERSHIP AND RESTRICTIONS ON USE
You acknowledge and agree that all content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”) provided on the Site or through the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party law.
All Company trademarks that appear on the Site are the exclusive property of Company. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of Company or the relevant trademark owner is strictly prohibited.
Any third party trademarks mentioned on this Site which are not those of Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and can subject you to civil or even criminal liability.
DISCLAIMER OF WARRANTIES
Except as expressly provided otherwise, Company disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from Company (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, or investment information) are provided for informational and educational purposes only and are not intended to provide legal, investment or financial advice and should not be relied upon in that regard. Your financial circumstances are unique. Therefore, you should independently consult a financial advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
- Governing Law. This Agreement shall be governed by the laws of the State of Texas, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the State of Texas.
- If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of the Agreement remains in full force and effect.
Please Contact Us if you have any questions regarding these terms.