Financial Signals is the on-line financial information services (the “Services”) provided by UpDownSignals (the “Company” or “we” or “us”) through www.updownsignals.com (the “Website”) and text messages to mobile devices (“SMS”). By subscribing to the Services, you agree to be bound by these Terms and Conditions of Use and Disclaimer (the “Terms”), which apply to all our subscribers. Please read these Terms before you complete your subscription for the Services.
2. Acceptance of Terms
The Services are only offered to adults aged 18 or older who are sophisticated investors. By subscribing to the Services you undertake and declare that you are at least 18 years old, a sophisticated investor, that all information provided by you is true and accurate and that your use of the Services does not violate any applicable law.
3. Modification of Terms
The Company reserves the right to change the Terms on this Website at any time, and in continuing to use the Website thereafter you agree to be bound by the new version of the Terms. If any changes are not acceptable, you must terminate your subscription. Whenever new Services become available, your use of them will be under this Agreement unless we notify you otherwise. It is your responsibility to check the Terms periodically. In these Terms “User” or “you” refer to you as a registered subscriber to the Services.
You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, we will have the right to immediately terminate your subscription and use of the Services. When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone’s rights or one that we consider in our sole discretion to be offensive, improper or inappropriate. If you do, we will have the right to modify or delete it. You will not give out user names and/or passwords to any other person. We reserve the right to cancel your subscription, without refund, if we discover that your subscription account is being used by more than one person, or if your username/password has been given to another person.
5. Password and Communication
Some areas of the Website (“Password Protected Areas”) are password protected and available only to registered Users who have an account with us. Registration requires Users to fully complete the account registration process. We reserve the right to deny or revoke registration or access to Password Protected Areas for any User. We take reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from us and must notify us if they believe that the security of their password or account has been breached or was subjected to unauthorized use. The Company will not be liable for any loss or liability incurred as a result of an unauthorized person using a User’s password.
When you visit our Website or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. We will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect our rights or property, our customers, suppliers and Users.
You agree that the Company can send you electronic notices by (i) e-mail to an e-mail address provided by you, and/or (ii) by SMS (text message) to your mobile device (iii) “pop up” notice, “system” notice, or any other form of notice, on any of the Services and/or by (iv) posting the notices on a main page or other page of the relevant service. The delivery of any notice from the Company is effective when sent by us, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by canceling or discontinuing your use of the Services through editing your account settings at our Website. Please note that canceling receipt of SMS may drastically reduce the usefulness of the Services, as such notices are time sensitive.
Although the Company offers subscription services in many parts of the world, certain services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, any of our services at any time without advance notice.
7. Access to Services
The Company does not guarantee that access to or use of the Services will be uninterrupted or error free, and shall not be liable for any unavailability of the Services. Portions of the Services may be discontinued, expanded, limited or modified at any time by us to meet the needs of our subscribers, or for technical or other reasons, without advance notice or reason.
8. Subscription term
All subscriptions are automatically renewed at the end of their initial term. For example if an monthly subscriber joins on the 15th of June, that subscription will be automatically renewed on July 15th the following month, unless cancelled prior to such date. It is your responsibility to provide notice of cancellation prior to the renewal date if you do not wish the subscription to be automatically renewed. If your membership is automatically renewed and you subsequently inform us that you wish to cancel your membership – THERE WILL BE NO REFUNDS ISSUED for the remaining period of the monthly subscription
This Agreement is personal to you, and you may not assign this Agreement, or any of your rights or obligations to anyone, and any such assignment without our consent shall be null and void. The Company shall have the right to assign this Agreement to a subsidiary or other affiliate.
10. Intellectual Property
The content provided by the Company through the Services and the Website is protected by copyrights, patents, trademarks, trade secrets and other proprietary rights. You hereby agree to use the contents of the Services for your own personal use only and not to copy, reproduce, sell, license or otherwise publically distribute contents provided through the service without permission of the company.
The Company reserves the right to cancel your subscription, without refund, if you are in breach of this Agreement.
12. Service Limitations
The Services we offer you are based on a unique and proprietary algorithm-based analytic-predictive software developed and tested in simulations over many months. The SMS forwarded you indicating “Buy” or “Sell” for a particular commodity or security do not constitute instructions, recommendations or a guarantee of any sort, but are a functional result of the Services and constitute the informative end product of the predictive software. The SMS notices are by their nature time sensitive, and you should take into account the timing of the information received when reviewing an SMS at a later date.
The Company is not a registered broker-dealer or an investment advisor. The Services do not constitute personal investment advice, which of necessity must be tailored to your particular means and needs. The Services are publicly available and provide specific predictions based on proprietary software. The Services are for informational purposes only and are provided without warranty of any kind.
Trading based on the UpDownSingnals services has potential rewards, but also potential risks. Nothing in our Services or Website shall be deemed a solicitation or an offer to buy/sell. No representation is being made that any stock, currency or commodity will or is likely to achieve trading profits or trading losses, as predictions by their very nature are distinct from guarantees.
You acknowledge that you are solely responsible for your own investment, purchase or trading decisions, that the Services are only one tool amongst many that you should use in making your investment, purchase or trading decisions, and that the Company will not be responsible for any decision made or action taken based on information provided through the Services.
The past trading performance of any stock, security or commodity is not necessarily indicative of future profits. We do not and can not guarantee that adherence to our Services will generate you profits. We do not and can not take responsibility for any losses to your accounts. You must trade and take sole responsibility to evaluate all information provided by the Services and use it at your own risk. All trading system information we provide is intended as trade assistance only. By using our Services, you understand and agree that the Company, its agents or employees shall not be liable for any losses either directly or indirectly as a result of using our Services. By using our Services in conjunction with your trading, you declare yourself to be a sophisticated investor who has carefully and materially weighed the consequences and potential risks of such trades.
All information provided by the Services is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information for the Services is obtained, and the inherent limitations of electronic distribution, there may be delays, omissions, or inaccuracies in such information. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF THE INFORMATION PROVIDED THROUGH THE SERVICES.
13. Third Party Content
As a convenience to Users, the Company’s Website and Services may provide links to other sites or resources provided by third parties (“Third Party Content”). Because we do not review or have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by the Company of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Website. The information available on third parties’ websites may have certain restrictions on its use or distribution which differ from these Terms.
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Website by third parties are solely those of their respective providers and not of UpDownSignals, which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content, and the Company shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
The Company does not guarantee that files available for downloading through its Website will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. The Company does not review, endorse or recommend the products or services of any company mentioned on our Website. We will not be liable in any way for damages of any kind resulting from the misuse of any personal information or data submitted by you to an advertiser or sponsor.
We make no guarantees as to the accuracy, thoroughness or quality of the information on this Website or provide by the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. The Company shall not be responsible or liable for any errors, omissions or inaccuracies in the Website content. The information provided by the Services and the Website are neither comprehensive nor appropriate for every individual. Some of the information may not be relevant to or compliant with the laws, regulations or other legal requirements of your country of residence. It is your responsibility to determine whether, how and to what extent your intended use of the Services and Website will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. The Website content and the Services may be modified at any time by us, without advance notice or reason, and we shall have no obligation to notify you of any corrections or changes to any Website content.
IN TRADING, THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES OR PAST RESULTS AS TO INCOME EARNINGS CAN BE USED AS AN INDICATION OF FUTURE SUCCESS OR RESULTS. OUR SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR FINANCIAL ADVISOR BEFORE ACTING ON ANY INFORMATION PROVIDED BY OUR SERVICES.
USERS OF OUR SERVICES AND WEBSITE ARE ADVISED TO PERFORM THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING INVESTMENT DECISIONS.
BY SUBSCRIBING TO OUR SERVICES YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR DECISIONS RELATING TO ANY INFORMATION PRESENTED BY US OR OUR SERVICES.
THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE AND THE SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THEIR CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS OFFICERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN THE EVENT THAT THE COMPANY OR ITS OFFICERS ARE FOUND LIABLE TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID FOR THE SERVICES.
These Terms constitute the entire agreement between each User and the Company governing the User’s access to and use of the Website and the Services, and supersede all prior agreements regarding its subject matter. The Terms shall be governed by the laws of of the Company’s state of incorporation without giving effect to any principles of conflicts of laws. Each User hereby agrees to the exclusive jurisdiction of the competent courts of the Company’s state of incorporation. The failure by a User or the Company to exercise any right or to enforce any provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the Terms will remain in full force and effect. It is by the express will of the Company and each User that the Terms have been prepared in English.
If you have any questions regarding these Terms and Conditions of Use and Disclaimer, or your dealings with our website, please contact us updownsignals[at]gmail[dot]com