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Terms of Use
By accessing and using any or all of this
Internet Web site “SwingTraderGuide.com” owned
and operated by SwingTraderGuide.com (the
"Site"), the User agrees to be bound by these
terms of use, conditions and disclaimer ("Terms
of Use") and all applicable laws and
regulations. If you, the User, 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 the User’s
responsibility to check for updates. By using
this Site you, the User, are agreeing to be
bound by the current version of these Terms of
Use. The last revision date for these Terms of
Use is set forth below. Any reference to
SwingTraderGuide.com in these Terms of Use shall
mean SwingTraderGuide.com, and any of its
associates or subsidiaries.
Content/Reserved Rights
SwingTraderGuide.com owns all rights to the
intellectual property, underlying processing and
analysis technology, and software incorporated
and/or presented on the SwingTraderGuide.com
Internet Web Site, including copyrights, and
owns or has acquired the necessary permissions
from content providers or suppliers, for all of
the content, information, software, products and
services provided in and on the
SwingTraderGuide.com Internet Web Site,
including all text, HTML code, multimedia clips,
images, graphics, icons, Java code, and the
selection and arrangement of the contents and
Information presented on the Site (collectively
referred to as the "System"). In this context,
“Information” is defined as and refers to the
totality of all charts, quotes, trading signals,
trading indicators, market analyses,
commentaries, recommendations, tutorials,
instructions, and any other data that could be
qualified as trading information, presented on
the SwingTraderGuide.com Web Site or distributed
to subscribers via email from
SwingTraderGuide.com). The System constitutes a
confidential and valuable asset of
SwingTraderGuide.com and is protected by
copyright laws and international copyright
treaties, as well as by other intellectual
property laws and treaties. The User may not
use, reproduce, transfer, publish, disclose or
sell the System or any of its components or
content, except as provided for in this
Agreement.
Restriction on Use/Limited
License
SwingTraderGuide.com grants the User a limited,
non-exclusive, non-transferable license to use,
display on your computer, download and print
short extracts of the information presented on
the Site SwingTraderGuide.com for your own
personal and non-commercial purposes only,
provided that:
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The User does not modify any of the
Information presented and provided on the
Site.
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The User can not download any of the
Information presented and provided on the
Site for use in third party programs.
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All copyright and other proprietary notices
are retained and remain displayed.
The User abides by these Terms of Use.
No
other use of the System or Information provided
on the Site is permitted. Without limiting the
generality of the foregoing, the User may not:
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Copy, distribute, transmit, display,
perform, reproduce, publish, license,
sublicense, create derivative works from,
transfer or sell any of the System or
Information presented and provided on the
Site.
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Use any of the System or Information
presented and provided on the Site for any
commercial purpose, or for any public
display (commercial or non-commercial).
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Include any of the System or Information
presented and provided on the Site or
reference thereto in or with any
information, product or service that the
User creates, distributes or provides.
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Copy or transfer any of the System or
Information presented and provided on the
Site onto your own web site or any other web
site or server.
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Nothing contained herein shall be construed
as conferring any right in any copyright of
SwingTraderGuide.com, the content Providers
or of any other third party who owns the
copyright in any of the System or
Information provided on the Site.
SwingTraderGuide.com retains the right to
terminate at any time and without cause,
subscription or access to its services, Site,
System or Information.
Trademarks
SwingTraderGuide.com and logo are trademarks of
SwingTraderGuide.com. Certain words, phrases,
names, designs or logos used on the Site may
constitute trademarks, service marks, or trade
names of SwingTraderGuide.com, the content
Providers or other third parties. The display of
any such marks or names on the Site does not
imply that a license or other right has been
granted to the User by SwingTraderGuide.com, the
content Providers, or other third parties.
No Financial Advice
The Information on the Site is provided for
information purposes only. The Information is
not intended to be and does not constitute
financial advice or any other advice. The
Information on this Site is general in nature
and is not specific to the User. The User should
not make any decision, financial or otherwise,
based on any of the System or Information
presented on this Site without undertaking
independent due diligence. The User agrees that
any and all use of the System and Information,
which the User makes, is solely at the User’s
own risk and without any recourse whatsoever to
SwingTraderGuide.com, its associates,
subsidiaries, partners or content Providers.
No Warranties
SwingTraderGuide.com does not guarantee or
warrant the quality, accuracy, completeness,
timeliness, appropriateness or suitability of
the Information on the Site or of any product or
services referenced on the Site.
SwingTraderGuide.com assumes no obligation to
update the Information or advice regarding
further developments concerning topics
mentioned. The Site and the Information may be
changed from time to time without notice. The
Site may be unavailable from time to time or
permanently, due to maintenance interruptions,
telecommunications interruptions or failures,
hardware interruptions or failures, software
interruptions or failures, or any other
interruptions or failures whatsoever.
SwingTraderGuide.com 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 System, the Site
or the Information or with respect to the use or
suitability of the System, the Site or the
Information for any purpose. The Information may
contain inaccuracies, typographical errors or
other errors.
SwingTraderGuide.com disclaims all warranties,
representations and conditions regarding the
System, 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
SwingTraderGuide.com, its associates and
subsidiaries, its employees, directors, agents,
the content Providers and any other parties
involved in the creation, production or delivery
of the System, the Information and the Site
disclaim any responsibility and shall not, in
any event, be liable for any damages, claims,
liabilities, costs or obligations including any
direct, 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 to the User or
suffered by the User, arising out of or in
connection with the use or misuse of the Site or
the Information or with any delay or inability
by the User to use the Site or the Information,
whether any such Damages arise in contract,
tort, strict liability, negligence, equity or
statute law or by way of any other legal theory,
even if SwingTraderGuide.com has been advised of
the possibility of damages.
SwingTraderGuide.com disclaims any liability for
unauthorized use or reproduction of any portion
of the System, the Information or the Site.
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 SwingTraderGuide.com
SwingTraderGuide.com 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 SwingTraderGuide.com 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 SwingTraderGuide.com.
Subscription-Based content
Some contents and/or services on this Site may
be offered to you, the User, conditioned on your
payment of subscription fees. If you elect to
Download Now subscription-based content/services
and transmit to SwingTraderGuide.com a
subscription Download Now 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.
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
SwingTraderGuide.com 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 SwingTraderGuide.com makes
every reasonable effort to minimize such
downtime, SwingTraderGuide.com does not
guarantee 100 percent availability of the Site.
When you subscribe to any SwingTraderGuide.com
service you understand:
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We are not financial analysts, investment
brokers or financial advisors. We expect
you, the User, to know your own investment
goals and to understand that a possession of
fundamental trading abilities, or a desire
to procure those abilities should
prerequisite your signing up.
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All subsidiary sites of
SwingTraderGuide.com, shall under no
circumstances be liable to any visitor,
user, and/or any third party for any lost
profits, lost opportunities, indirect,
special, incident, consequential, punitive,
or any other damages whatsoever. We assume
no responsibility or liability for any
inaccuracies, misstatements, errors,
fabrications, contained within documents,
data, materials, website pages, contained
here within and associated pages, either
through error or negligence.
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You, the User, agree to hold
SwingTraderGuide.com harmless for any act
resulting directly or indirectly from this
site, its data, content, materials,
associated pages and documents.
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Your subscription is personal to you, the
User, 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.
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Subscriber must promptly inform
SwingTraderGuide.com of the following:
Changes in the expiration date of any credit
card used in connection with the service;
changes in home or billing address; and
apparent breaches of security, such as loss,
theft, or unauthorized disclosure or use of
an email and password. Until we are
notified, by e-mail of a breach in security,
the Subscriber will remain liable for any
unauthorized use of the service.
PAYMENT
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All payments made to SwingTraderGuide.com
are made through a third party service.
SwingTraderGuide.com is not liable for any
monies lost during the transaction process,
non-payment issues or not declination of any
credit card.
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SwingTraderGuide.com does not collect or
store any credit card information and cannot
be liable for any lost or stolen credit card
numbers.
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Your name and email address will be made
available to all parties to the sale, as
required, to complete payment.
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Any promotion,
promotional rates, and any promotional
offers expire as soon as a subscriber's
account is deactivated as a result of
nonpayment, declined payment, cancellation
of service, or any other reason.
EMAIL
SERVICE
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Some of our services involve the sending of
emails to our subscribers. We provide email
alerts as a free service, complimentary to
the services offered on our websites.
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Our customers retain full responsibility for
submitting a valid email address in order to
receive any of our email services.
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We assume no responsibility or liability for
undelivered, damaged, or late emails,
whatever the reason it may be.
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Our email services are designed for
educational purposes only! They should not
be construed as trading advice of any kind.
CUSTOMER SERVICE
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SwingTraderGuide.com does not offer full
customer support to non-paying members.
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When requesting customer support, we ask
that our subscribers provide us with the
following: Their username, the name of the
Downloaded product, the exact email address
that was submitted at the time the product
was Downloaded. Should a subscriber refuse
to provide the above information,
SwingTraderGuide.com reserves the right to
decline any product upgrades or downgrades,
the termination of services, the Download
Now of other products, or the provision of
customer support.
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SwingTraderGuide.com's customer support
requires 48 hours (two business days) to
respond to inquiries.
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SwingTraderGuide.com will not respond to any
threatening, insulting, or in any other way
damaging emails.
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SwingTraderGuide.com is not responsible for
any email that does not reach our support
staff, whatever the reason may be.
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SwingTraderGuide.com immediately deletes
emails that are suspected to contain viruses
or pose any other security threat.
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Email replies provided by
SwingTraderGuide.com in response to customer
enquiries cannot be used as legal documents
or contracts; email replies are provided for
educational purposes only.
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For as long as it is kept in Company
databases or archives, any correspondence
sent to SwingTraderGuide.com becomes the
sole property of the Company.
No Solicitation
No part of this Site shall 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 email is vulnerable to
interception and forging. SwingTraderGuide.com
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 SwingTraderGuide.com, through
the Internet, or that you expressly or
implicitly authorize SwingTraderGuide.com to
make, or for any errors or any changes made to
any transmitted information.
Computer Viruses
While efforts are made to ensure that the
Information provided at this Site does not
contain computer viruses, you, the User, should
take reasonable and appropriate precautions to
scan for computer viruses, and you, the User,
should ensure that you have a complete and
current back up of the applicable items of
information contained on your computer system.
Conformance with Law
You, the User, 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,
the User, agree not to impersonate any person in
your use of the Site, or the sending any email
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 local laws applicable therein 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 do not agree to be bound by the above
Terms of Use, you should immediately discontinue
any use of this Site.
If you
have any questions or concerns, please contact
us at inquiries@swingtraderguide.com
Privacy Policy
Protecting your privacy has always been
important to us. This Privacy Policy governs the
manner in which we (the "Company") collects,
uses, maintains and discloses information
collected from users of this Web site (the
"Users"). Privacy Users' privacy is very
important to Company. Company is committed to
safeguarding the information Users entrust to
Company. This Web site is not directed at
individuals under 18 years of age.
Disclosure of Information to
Nonaffiliated Third Parties
Company may disclose nonpublic
personal information about you
to other market participants
that provide goods and services.
These nonaffiliated third
parties may include, but are not
limited to (i) financial service
providers such as mortgage
lenders or brokers outside of
our network of lenders and
brokers, insurance companies and
title companies and (ii)
non-financial companies such as
retailers and direct marketers.
The Company may also disclose
aggregate, anonymous data to
investors and potential partners
based on information collected
from Users. Users may opt out of
the Company's disclosure to
nonaffiliated third parties by
following the instructions in
the opt out section of this
privacy policy. We may also
disclose nonpublic personal
information about you as
permitted by law.
Consent to Receive Privacy
Notice and Opt Out Notice Via
this Web Site By acknowledging
receipt of this privacy notice,
you the customer also consent to
receive your annual notice of
the privacy policy, as required
by FTC regulation, via this web
site. By acknowledging receipt
of this privacy notice, you the
customer also consent to receive
your opt out notice and
opportunity to opt out, as
required by FTC regulation, via
this web site.
The Information We Collect This
Privacy Policy applies to
consumers that have signed up on
swingtraderguide.com and all
affiliated website links and
products. We may sell the
personal information that you
supply to us and we may work
with other third party
businesses to bring selected
retail opportunities to our
members via direct mail, email
and telemarketing. These
businesses may include providers
of direct marketing services and
applications, including lookup
and reference, data enhancement,
suppression and validation and
email marketing.
Company may collect nonpublic
personal information from User
in a variety of ways, including
online forms for ordering
products and services, and other
instances where Users are
invited to volunteer such
information. The type of
information we collect from
consumers includes, but is not
limited to: Name, Last Name,
Address1, Address2, City, State,
ZipCode, Phone Number, Email
Address, IPAddress, TimeDate
Stamp and any information
required to process an
application to receive the
product being offered within the
site.
Company may also collect
information about how Users use
our Web site, for example, by
tracking the number of unique
views received by the pages of
the Web site or the domains from
which Users originate. We may
use "cookies" to track how Users
use our Web site. A cookie is a
piece of software that a Web
server can store on the Users'
PC and use to identify the Users
should they visit the Web site
again. While not all of the
information that we collect from
Users is nonpublic personal
information, it may be
associated with nonpublic
personal information that Users
provide us through our Web site.
How We Use Information Company
collects nonpublic personal
information from its Users in
order to match Users with
lenders and brokers. By clicking
the "Submit Form" button on the
application, Users consent to
the disclosure of their
nonpublic personal information
to these lenders and brokers.
The lenders and brokers may
contact you directly after they
receive your nonpublic personal
information. Company may also
use information collected
through our web site for
research regarding the
effectiveness of the web site
and Company's marketing and
advertising efforts.
Maintenance of Information &
Security Information about Users
that is maintained on our
systems is protected using
industry standard security
measures that includes but is
not limited to security measures
in place to protect the loss,
misuse and alteration of the
information under our control.
All data is protected using the
most advanced methods available.
We do not store financial
information, credit card numbers
or personal information like
social security numbers on this
Web site. However, due to the
nature of the Internet, computer
networks, systems and other
factors, we cannot guarantee
that the information submitted
to, maintained on, or
transmitted from our systems
will be completely secure.
Use of IP Addresses An IP
(Internet Protocol) address is a
number that is assigned to your
computer when you use the
Internet. Your IP address does
not contain any nonpublic
personal information about you.
Company collects IP addresses
for the purposes of system
administration, to report
aggregate information to our
advertisers, and to ensure the
validity of customer requests.
Web Site Links This Web site may
contain links to other Internet
web sites. We are not
responsible for the privacy
practices or the content of such
Internet web sites.
Opt Out Notice and Opportunity
to Opt Out Company may disclose
nonpublic personal information
about you the customer to
nonaffiliated third parties, as
previously described in this
privacy policy. You have the
right to opt out of this
disclosure at any time before or
after you submit nonpublic
personal information. If you
wish to opt out, please use the
contact information below To
indicate that you would rather
not be contacted. If using
direct mail, please print out a
copy of the ad that you received
and include it with your letter.
Contact: SwingTraderGuide.com
290 Wild Austin, TX 78610 or
follow the link's in the email
received and it will direct you
to our Email Preference page
where you will be able to remove
yourself from future
correspondence and ads.
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