SINGNALXCHANGE

Terms of Use and Limited License Agreement

As used in this Terms of Use and Limited License Agreement, “SignalXChange” shall mean SignalXChange Inc. and its wholly-owned subsidiaries. By subscribing to and using the Services, you agree to abide by the terms of this Agreement, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 134

This Terms of Use and Limited License Agreement (the “Agreement”) sets forth the terms, conditions, and limited license for your use of any SignalXChange Services that allow you to research, model, analyze, and execute investments using certain data, information, tools, features, and services provided by SignalXChange or its third-party vendors or licensors (“Third Party Service Providers”) on or through SignalXChange’s platform (collectively the “Services”). Additionally, as set forth further below, if you choose to use certain Services on SignalXChange, you not only agree to SignalXChange’s terms but also to the terms of service for any Third-Party Service Providers. In the event of any conflict between SignalXChange’s terms and those of any Third-Party Service Providers, SignalXChange’s terms shall prevail.

For avoidance of doubt, this Agreement and the Privacy Policy may be accepted electronically by selecting “I Agree,” and it is the intention of all parties that such acceptance shall be deemed as valid as an original signature. The date upon which this Agreement is accepted shall be the “Effective Date.” If any term or condition of this Agreement or the terms of service for any Third-Party Service Providers is unacceptable to you, please do not visit, access, or use the Site or Services.

NOTICE: SignalXChange provides access to trading simulation and trading data. SignalXChange does not provide personalized investment advice. The information available through the Services is not personalized investment advice and should not be construed as such. Investment in financial markets inherently involves risk, and users are solely responsible for assessing their financial situation, risk tolerance, or investment objectives. Any decisions and actions taken based on information from SignalXChange or the Services are entirely at your own risk. SignalXChange is not responsible for any trading decisions or actions taken by users. It is the user’s responsibility to determine the suitability of implementing any information obtained through SignalXChange or a Strategy Subscription.

1.              Section 1. Terms and Modification. SignalXChange reserves the right to amend or modify this Agreement at any time at its sole discretion. SignalXChange may provide notice of any changes by email, posting the updated Agreement on its website, or through another means. It is your responsibility to review the Agreement periodically for any changes. Your continued use of the Services after any amendments to this Agreement shall constitute your acceptance of the modified terms. By continuing to access or use any of the Services after a revision to this Agreement, you confirm your intent to be bound to the amended terms. Unless stated otherwise, any new features or enhancements to the Service shall be subject to this Agreement in addition to any terms that may be applicable. You are responsible for regularly reviewing this Agreement and any amendments or modifications thereto. If you do not agree to the amended terms, you must stop using the Service. Continued use of the Service after any changes take effect will constitute your acceptance of such changes.

2.          ELIGIBILITY. By registering for an Account (defined below) with SignalXChange, you represent and warrant that you (a) are an individual at least 18 years of age and have the legal capacity to form a binding contract; or you (b) are an organization or other entity with full legal capacity and authority to agree to all terms within this Agreement; and (c) have not previously been suspended or removed from using SignalXChange’s Services. SignalXChange maintains the right to select the markets and jurisdictions in which the Services are available and may, at its sole discretion, restrict or prohibit the Services in certain locations (“Restricted Locations”). Therefore, the range of Services available to you will depend upon the location from which you access the Services. You may not use the Services if you are located in any Restricted Location or where your use of the Services would be illegal or otherwise violate the law applicable to you, including the laws of your country of citizenship or residency. SignalXChange currently provides its Services primarily to residents of the United States but may expand its services to other regions in the future.

  • ACCOUNT REGISTRATION AND REQUIREMENTS.

a.              Registration. When you register for the Service (“Registration”) and create an account (“Account”), SignalXChange may ask you to provide certain identifying information, including non-public personal information (“Account Information”). You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from SignalXChange for any purpose. You may not transfer your Account to anyone else without SignalXChange’s prior written permission. SignalXChange agrees to treat your Account Information with care in accordance with SignalXChange’s Privacy Policy.

You understand and acknowledge that “cookies” and other similar identification techniques are used to associate you with the computer or electronic device that you are using. If you access the Service from a public location or if you otherwise share a computer or electronic device, you risk revealing non-public personal information about yourself to others. You alone are responsible for determining the devices, networks, and other means of access to the Services appropriate for you and for any consequences that result from your decision.

For your protection and the protection of SignalXChange’s other customers, you agree to maintain your Account Information (including passwords, usernames, and screen names) in strict confidence and not to share Account Information with any third party, including but not limited to colleagues, co-workers, advisors, or agents. If you share your Account Information with a third party, SignalXChange will consider their activities to have been authorized by you. You are solely responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Service using your Account. You agree that SignalXChange is not liable for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attacks. You agree to immediately notify SignalXChange if you become aware of any loss or theft of your Account Information, unauthorized use, or acquisition of your access to the Service, or any other security breach.

b.              Identity Verification. When registering for an Account, you agree to provide current, accurate, and complete information for all required fields on the registration page, including your full legal name, address, email address, phone number, and date of birth. To access certain features or participate in any contests, SignalXChange may also require taxpayer or government identification information, proof of identity, and payment information. At SignalXChange’s discretion, SignalXChange may use a third-party provider for identity verification services.

You hereby authorize SignalXChange directly or through third parties to make any inquiries SignalXChange deems necessary to verify your identity, protect against fraud or other financial crime, and/or comply with SignalXChange’s legal obligations. When SignalXChange carries out these required inquiries, you acknowledge and agree that your personal information may be disclosed as required to certain fraud prevention or financial crime agencies and that these agencies may respond to SignalXChange’s inquiries in full. You further authorize SignalXChange to take whatever action it deems required under applicable laws and reasonably necessary based upon such inquiries.

c.              Account Usage. You are the only person authorized to use or access your Account. By registering for an Account, you agree and represent that you will use the Services only for your own personal, non-commercial use and not on behalf of or for the benefit of any third party unless you have obtained prior approval from SignalXChange. You further agree and represent that you will use the Services only in a manner that complies with all applicable laws. You are solely responsible for all activity that occurs under your Account or with your User ID, including any fraudulent activity.

  • PRIVACY. SignalXChange takes the privacy of its users seriously. SignalXChange’s Privacy Policy summarizes its practices relating to collecting, sharing, and using covered personal information. You represent and warrant that you have read the Privacy Policy before providing any of your personal information to SignalXChange.

5.     RIGHTS AND LICENSE.

a.  Limited License. Subject to the terms and conditions of this Agreement and your payment obligations, SignalXChange hereby grants to Customer and Authorized Users (as defined below) a revocable, non-exclusive, non-sublicensable, non-transferable limited license (“License”) during the Subscription Period of this Agreement to use the Services, Site, and Software as defined herein in accordance with this Agreement. You shall have no right to receive, use, or examine any source code or design documentation relating to the Services or Software. The Software or any portion thereof may not be used by or on behalf of, accessed by, re-sold to, rented to, or distributed to any other party. The license granted herein automatically terminates upon SignalXChange’s suspension or termination of your Account or your ability to access or use the Services, or upon your cancellation of your Account. All rights not expressly granted under this Agreement are hereby reserved. Delivery of the Software and Services is conditioned upon completion of the Customer onboarding process as required.

b.     Definitions.

  1. “Software” means the source code, object code, or underlying structure, ideas, or algorithms of any software, documentation, or data related to, provided with, or used to provide the Service or the commercial versions of software products in object code form only (and accompanying documentation if applicable) identified in this Agreement, including all enhancements thereto and made available by you.
    1. “Subscription” is the subscription(s) for which you agree to pay a Subscription Fee.
    1. “Subscription Fee” means the fees payable for access to the Software and Services as set out in an order, which shall specify the subscription time, the fees owed, the specific Services provided, the method of payment, and other terms as agreed to. All Subscription Fees are quoted and payable in United States Dollars and shall include applicable sales, use, and other taxes.
    1. “Subscription Period” refers to the period for which Subscription Fees have been prepaid and shall expire unless renewed.
  • Limitations On Rights Granted for Use of Software; Third Party Software; Limited Location License. Subject to the terms and conditions of this Agreement and your payment of your Subscription Fee, SignalXChange hereby grants you the right to access and use the Software for the sole purposes of searching, discovering, analyzing, researching, and evaluating investment products, including but not limited to stocks, mutual funds, ETFs, and investment portfolios (the “Purpose”). Unless otherwise agreed in writing, you do not acquire under this Agreement any right or license to use the Software or any component or derivative thereof in excess of the Purpose or of the rights in this Agreement during the Subscription Period and any renewal thereof. If this license is not extended as provided herein, all rights to access and use the Software will terminate at the expiration of such Subscription Period. You only have access to those functions for which SignalXChange has granted specific user rights. Use may occur by way of an interface delivered with or as a part of the Software by SignalXChange, Customer, or a Third-Party Provider. You hereby represent and warrant that you will access and use the Software solely for the Purpose and for no other reason.

 

6.              USE OF THE SERVICE; OWNERSHIP. The Services are proprietary to SignalXChange. Any materials displayed, performed, or available on or through the Services, including but not limited to text, graphics, data, articles, photos, images, and illustrations (all of the foregoing the “Content”), are protected by copyright and/or other intellectual property laws. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. You acknowledge and agree that SignalXChange transfers no ownership or intellectual property interest or title in and to the Content or the Services to you or anyone else in connection with your use of the Services. You acknowledge that the Service and the Software are protected by ownership and intellectual property rights of SignalXChange or its Third-Party Service Providers (as applicable). Under no circumstances shall you be deemed to receive title to any portion of any Software or Service, title to which at all times shall vest exclusively in SignalXChange or its Third-Party Service Providers (as applicable). SignalXChange may in its sole discretion remove any Content from the Services at any time for any or no reason and without notice. You represent and warrant that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you without the prior consent of the owner of that Content or in a way that violates SignalXChange’s rights or the rights of any other third party.

The following requirements and limitations apply to your use of the Service and Software:

  1. You will not engage in any unreasonable activity that threatens the security of your Account or any other user’s Account.
  2. 2. You will not sell or assign your rights to use the Software.
  3. 3. You will not access or attempt to access any data, software, systems, networks, or other property of SignalXChange or a Third-Party Service Provider while accessing and using the Software.
  4. 4. You will not use any electronic communication feature of a Service for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  5. 5. You will not publish, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (including rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  6. 6. You will not collect or store personal data about other users.
  7. 7. You will not upload, post, e-mail, or otherwise transmit any material that contains viruses, worms, Trojan horses, or any other contaminating or destructive features or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Service or any computer software, hardware, or telecommunications equipment.
  8. Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service or Software.

You are further prohibited from using the Services in any manner that is not expressly and unambiguously authorized by this Agreement. A breach of this subsection shall constitute unauthorized use or use in excess of the authorized use of the Software and any third-party hosting service. You agree to indemnify and hold SignalXChange Inc. harmless from any claims, damages, or costs, including attorney’s fees resulting from your violation of this provision.

7.              PROHIBITED USERS. You are prohibited from accessing or using the Services or registering for an Account if you: (i) have been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (ii) have been placed on the U.S. Commerce Department’s Denied Persons List; or (iii) are located in, under the control of, or a national citizen or resident of any Restricted Locations or any country to which the United States has embargoed goods or services.

8.              PERMITTED DATA USE, CUSTOMER CONTENT. You hereby grant SignalXChange and its Third-Party Service Providers a nonexclusive, transferable, worldwide, royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, copy, modify, create derivative works of, display, perform, publish, and distribute any data that you provide for use in connection with the Service (including Account Information) for purposes of providing the Service, usage analytics, product development, and other related purposes. Furthermore, SignalXChange and its Third-Party Service Providers shall have the right to compile, distribute, and otherwise benefit from anonymized, aggregated data derived from your Account for their respective business purposes, including assessing the aggregate usage of the Service generally. You represent and warrant that: (i) you own the user information or have the right to grant the rights and licenses under this Agreement, and (ii) SignalXChange’s use of the user information as licensed herein does not and will not violate, misappropriate, or infringe on the rights of any third party.

You understand and agree that SignalXChange, in performing the required technical steps to provide the Services to users (including you), may need to make changes to your User Information to conform and adapt that user information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. SignalXChange, at its sole discretion, may remove any user content from any of the Services at any time for any or no reason.

You hereby grant a nonexclusive, worldwide, royalty-free license to SignalXChange and its Third-Party Service Providers to reproduce, disclose, transmit, publish, broadcast, or post any communications or material of any kind that you e-mail, post, or otherwise transmit through the Service, including data, questions, comments, or suggestions (your “Communications”), either on the Site or elsewhere, with no liability or obligation to you. You hereby grant permission to SignalXChange and its Third-Party Service Providers to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose, including but not limited to developing and marketing products using such information. SignalXChange and its Third-Party Service Providers, each of their respective affiliates and agents, are entitled but not obligated to review or retain your Communications. SignalXChange and SignalXChange’s Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Service, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the way SignalXChange or SignalXChange’s Third Party Service Providers monitor your Communications and enforce or fail to enforce the terms of this Agreement or any other guideline, terms, and conditions or policies relating to the Service. You further agree that SignalXChange Inc. is not responsible for the content of your Communications and you will indemnify and hold SignalXChange Inc. harmless from any claims, damages, or costs, including attorney’s fees, resulting from the content of your Communications. In no event will SignalXChange or SignalXChange’s Third Party Service Providers be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of any monitoring activities.

9.              THIRD-PARTY SERVICE PROVIDER SOFTWARE AND SERVICES; THIRD-PARTY BENEFICIARIES. You acknowledge that to the extent SignalXChange licenses some or all of the Software or other components of the Service from Third Party Service Providers (with or without notice to you), (a) SignalXChange may make available to you certain third-party software or services (the use of which may require your acceptance of such Third Party Service Provider’s license agreement or terms and conditions) which shall be deemed part of the Service; and (b) SignalXChange shall not have any responsibility to update such third-party software or services, but such Third Party Service Providers may (without any obligation) make them available to SignalXChange for use in connection with the Service.

You consent and authorize SignalXChange to delegate the authorizations you provide to SignalXChange to its Third-Party Service Provider(s) as SignalXChange deems necessary or desirable to provide the Service to you. You agree that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third -Party Service Providers, and such Third-Party Service Providers are deemed to be third-party beneficiaries of this Agreement, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement. You also agree that all references to “SignalXChange” within this Agreement and any incorporated terms are also deemed to include, where applicable, SignalXChange’s agents, vendors, and licensors, including Third Party Service Providers. To protect the privacy and security of your Account Information, Third Party Service Providers will only be authorized to use or maintain your Account Information only in accordance with SignalXChange’s Privacy Policy.

Furthermore, you acknowledge and agree that (1) you assume the risk of use of the Software; (2) you are responsible for selecting appropriate remediation for and resolving any issues found on your network or system that prevent the proper functioning of the Software; and (3) SignalXChange is not liable for or responsible to remediate any issues found on your network or system that prevent the proper functioning of the Software.

10.           THIRD-PARTY CONTENT. The Services may contain links, access, or connections (“links”) to third-party sites, applications, services, or other materials (collectively “Third-Party Content”) that are not affiliated, owned, or controlled by SignalXChange. You accept and acknowledge the risks of accessing any Third-Party Content and that SignalXChange has no control over and assumes no responsibility for, and cannot monitor, verify, censor, or edit any Third-Party Content.

The fact that SignalXChange has provided a link to a site is not an endorsement, representation, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. You expressly waive, as against SignalXChange, and SignalXChange expressly disclaims any liability, losses, or damages arising from your use or access or as a result of any actions taken in reliance on any Third-Party Content. SignalXChange encourages you to be aware when you leave the Services to read the terms and conditions and investigate the source of any Third-Party Content that you visit or use.

11.           Financial Market Information; No Warranty; Financial Information. The Service may make available certain financial market data, quotes, news, research, analyst research, reports and opinions or other financial information (collectively, the “Market Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers and other providers or has been obtained by SignalXChange or its Third Party Service Providers (collectively, the “Information Providers”). Neither SignalXChange nor SignalXChange’s Third Party Service Providers guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Market Information made available to you by the Information Providers or any other third party transmitting the Market Information (the “Information Transmitters”). You understand that none of the Market Information available through the Service constitutes a tailored recommendation or solicitation that you should purchase or sell any particular security or other asset without further analysis including the investors specific financial circumstances and needs. Neither SignalXChange or nor Third-Party Service Providers endorse or approve any of the Market Information and only make such Market Information available as a service and convenience you. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by us or SignalXChange’s Third Party Service Providers to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use Market Information provided by us or SignalXChange’s Third Party Service Providers for any purpose related to your business other than for the Purpose of this Agreement.

All Market Information is provided on an “as-is” basis. You agree that neither SignalXChange nor its Third-Party Service Providers shall be liable in any way for the accuracy, completeness, timeliness, or correct sequencing of the Market Information or for any decision made or action taken by you relying upon the Market Information. Neither SignalXChange nor its Third-Party Service Providers guarantee any future performance nor any specific level of performance of any trade nor the success of any investment decision or strategy. Neither SignalXChange nor any of its Third-Party Service Providers shall be responsible for investment decisions, damages, or other losses resulting from use of the Service. You agree to indemnify and hold SignalXChange Inc. harmless from any claims, damages, or costs, including attorney’s fees, arising from your use of the Market Information.

12.           CONDUCT; COMPLIANCE WITH LAWS. You shall be solely responsible for your actions and actions taken through your Account while using the Software. You agree: (a) to abide by all local, state, national, and international laws and regulations applicable to Customer’s use of the Software, including, if applicable and without limitation, intellectual property and privacy laws, including, without limiting the foregoing, the U.S. Computer Fraud and Abuse Act; (2) to take all necessary steps to avoid uploading or distributing malware, viruses, corrupted files, or any other software or programs that may damage the operation of the Software or another’s computer or mobile device; (3) not to use the Software for illegal, fraudulent, harmful, unethical, or inappropriate, deceptive, threatening, harassing, defamatory, or otherwise objectionable purposes, in SignalXChange’s sole discretion; (4) not to use the Software to distribute, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, indecent, defamatory, hateful, racially, ethnically, unwanted, or otherwise objectionable material of any kind or nature; (5) not to use any information or other knowledge gained through use of the Services to provoke an interference with any patent application which SignalXChange has filed with respect to the Services or to amend any claim in any pending patent applications to expand such claim to read on, cover, or dominate any invention (whether or not patentable) relating to the Services; (6) not to intentionally interfere with another customer’s use and enjoyment of the Software or another person or entity’s use and enjoyment of similar services; and (7) to comply with all regulations, policies, and procedures of Third Party Service Providers. You acknowledge and agree that SignalXChange is not liable for any use of the Software in your networks and systems that constitutes infringement of a third party’s intellectual property rights to the extent that such infringement would not occur outside your network or system.

13.           DISCLAIMER OF WARRANTIES. SignalXChange covenants, represents, and warrants that: (a) access to the Software will be provided in compliance with applicable laws and regulations, including license and permit requirements; (b) it has authority to enter into this Agreement; and (c) it has the right to grant the rights granted herein, including appropriate written agreements with its employees, agents, and subcontractors, and Third-Party Service Providers, if any. Customer covenants, represents, and warrants that it will access and use the Software in strict adherence to the rights and limitations described herein and in compliance with all applicable law. None of SignalXChange, its licensors, partners, suppliers, or service providers make any representations or warranties concerning any Content or other material contained in or accessed through the Services, and SignalXChange will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, including without limitation any Financial Market Information for any assets. SignalXChange will have no liability or responsibility for any permanent or temporary inability to access or use any Services.                           

 

THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SIGNALXCHANGE, ITS THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “DISCLAIMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION (INCLUDING WITHOUT LIMITATION THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY PORTFOLIO OR ACCOUNT INFORMATION, HISTORICAL PERFORMANCE, AND ANALYTIC FORWARD-LOOKING ANALYSES, COST BASIS, OR OTHER INFORMATION ABOUT YOU OR YOUR ACCOUNT MADE AVAILABLE THROUGH THE SERVICE), TITLE, AND NON-INFRINGEMENT. THE DISCLAIMING PARTIES FURTHER DISCLAIM ANY WARRANTY REGARDING NONINTERRUPTION OF USE, DELAY, FREEDOM FROM BUGS, AND THAT USE OF THE SERVICE IS ERROR-FREE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIGNALXCHANGE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF SIGNALXCHANGE OR ITS THIRD-PARTY SERVICE PROVIDERS’ OBLIGATIONS HEREUNDER. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. THE SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE DISCLAIMING PARTIES OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE OR (B) UNAUTHORIZED USERS (SUCH AS HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO YOUR COMPUTERS OR NETWORKS AND DAMAGE THEM OR YOUR DATA OR OTHER ACCOUNT INFORMATION PROVIDED BY YOU. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS, OR OTHER DISASTERS, INCLUDING THIRD PARTY ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE SIGNALXCHANGE’S CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICES. THE DISCLAIMING PARTIES SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR ANY SUCH ACTIVITIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14.           ARBITRATION AND DISPUTE RESOLUTION. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the formation, interpretation, breach, termination, validity, or enforceability thereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in Utah County, Utah, and the arbitrator shall apply the law in accordance with section 18(d) hereto. The parties agree that any arbitration proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action. The prevailing party in any arbitration or litigation arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs. The parties further agree that any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to enforce this section 13 of the Agreement.

To the fullest extent permitted by applicable law, you agree that any arbitration proceeding shall be the exclusive remedy for resolving any dispute, controversy, or claim arising out of or relating to this Agreement, and you hereby waive any right to assert or participate in any class, consolidated, or representative action against SignalXChange or its Third-Party Service Providers. You further agree that any damages or other relief awarded in arbitration shall be limited to those specifically provided for in this Agreement, and you hereby waive any right to seek or recover any punitive, exemplary, indirect, incidental, or consequential damages.

 

15.    INDEMNIFICATION, RELEASE AND LIMITATION OF LIABILITY.

YOU AGREE TO INDEMNIFY AND HOLD SIGNALXCHANGE, ITS THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS, OR EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES OR OTHER LAWS OR REGULATIONS, OR ANY OTHER PERSON’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, PROPRIETARY, OR PRIVACY RIGHT. IF YOU ARE OBLIGATED TO INDEMNIFY SIGNALXCHANGE OR ANY OF THE INDEMNIFIED PARTIES IDENTIFIED ABOVE, SIGNALXCHANGE (OR, AT SIGNALXCHANGE’S DISCRETION, THE APPLICABLE INDEMNIFIED PARTY) WILL HAVE THE RIGHT IN ITS SOLE DISCRETION TO CONTROL ANY ACTION OR PROCEEDING AND TO DETERMINE WHETHER SIGNALXCHANGE WISHES TO SETTLE, AND IF SO, ON WHAT TERMS.

IN NO EVENT SHALL ANY DISCLAIMING PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, BUSINESS, USE, DATA, OR ANY INFORMATION (INCLUDING YOUR PERSONAL DATA, ACCOUNT INFORMATION, OR DOCUMENTATION) OR OTHER INTANGIBLE LOSSES OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES CAUSED BY THE USE OF OR INABILITY TO USE THE SERVICE, THE SITE, MATERIALS, OR ANY PRODUCTS PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND THE SITE.

You further waive any statute or doctrine of any applicable jurisdiction that limits general releases to known or suspected claims, including but not limited to California Civil Code Section 1542.

16.           LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SIGNALXCHANGE, ITS LICENSORS, SUPPLIERS, AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR RELATED TO THE TERMS, YOUR USE OR ATTEMPTED USE OF SIGNALXCHANGE, ANY OF THE SERVICES (AS DEFINED ABOVE), OR ANY OF THE OTHER INFORMATION, SERVICES, OR TRANSACTIONS CONTEMPLATED BY THESE TERMS, OR (B) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. MODIFICATIONS, SUSPENSION AND TERMINATIONS OF THE SERVICE. SignalXChange and its Third-Party Service Providers reserve the right to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that neither SignalXChange nor its Third-Party Service Providers will be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. The license granted hereunder will terminate if SignalXChange or SignalXChange’s Third Party Service Providers believe that any information provided by you, including your email address, is no longer current or accurate or if you fail to otherwise comply with any term or condition of this Agreement or any other guideline, terms, and conditions or policies relating to the Service. Upon such violation, you agree to terminate access to the Service. Furthermore, SignalXChange or its Third Party Service Providers may, in their sole discretion, suspend your access to and use of the Service or reject or remove from the Service any of your Data, Account Information, or any other information provided by you to (a) prevent damages to or degradation of the Service; (b) comply with any law, regulation, court order, or other governmental request; or (c) otherwise protect us or SignalXChange’s Third Party Service Providers from potential legal liability.

You may close your Account or cease using the Services at any time. To close your Account, you must contact us at accountservices@signalxchange.com. Account termination may result in the destruction of any Content or User Information associated with your Account.

 

  1. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES. You agree to accept all communications from us regarding the use of the Service at the addresses you provide during Registration. It is your responsibility to provide SignalXChange with your accurate email address, your contact information, and/or mobile phone number, and to update such information with SignalXChange. Please promptly update any changes to your Account Information. SignalXChange and its Third-Party Service Providers are entitled to rely on the email address, mobile phone number, and U.S. mail address that you last provided for purposes of communication and providing information relating to SignalXChange or its Third-Party Service Providers’ products and services. If SignalXChange sends you an electronic communication but you do not receive it because your contact information on file is incorrect or you are otherwise unable to receive electronic communications, SignalXChange will be deemed to have provided the communication to you. All communications from SignalXChange in electronic format will be deemed to be “in writing” and to have been received within twenty-four hours after posting or dissemination. You agree to waive all claims resulting from failure to receive communications because of changes in your email, mobile phone number, or U.S. mail address. You can opt out of receiving marketing information from us or SignalXChange’s Third Party Service Providers by following the instructions in any email sent to you by such party. You agree to be bound by any affirmation, assent, or agreement you transmit through the Service, including but not limited to any consent you give to receive communications from us or SignalXChange’s Third Party Service Providers solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, or sign your name electronically on a touchscreen device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You may decline or withdraw consent to receive communications electronically from SignalXChange, but you agree and acknowledge that SignalXChange may suspend or terminate your use of the Services if you do not consent to receive communications in electronic format.

19.           GENERAL PROVISIONS.

  1. Relationship of the Parties. SignalXChange is an independent service provider for all purposes. Nothing in this Agreement shall be deemed to create or constitute, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business relationship of any kind. Specifically authorized, SignalXChange is not your broker, intermediary, agent, or advisor and has no fiduciary relationship, duty, or obligation to you or any other user in connection with your use of the Services. Neither SignalXChange nor its licensors or Third-Party Service Providers are providing tax advice, legal advice, or other professional advice by allowing you to use the Services.
  • No Publicity. Nothing in this Agreement gives either party a right to use publicly the other party’s name, trademark(s), trade name(s), or refer to the existence or terms of this Agreement directly or indirectly without the other party’s prior written consent. The parties acknowledge and agree that prior consents given by either party prior to the Effective Date are and will remain valid.
  • Export. Both parties acknowledge and agree that the Software and technology subject to this Agreement are subject to the export and re-export control laws and regulations of the United States and any applicable jurisdiction, including but not limited to the Export Administration Regulations (“EAR”) and sanctions regimes of the U.S. Department of Treasury Office of Foreign Asset Controls. Both parties will comply with these laws and regulations. Both parties shall not, without prior U.S. government authorization, export, re-export, or transfer any goods, software, or technology subject to this Agreement either directly or indirectly to any country subject to a U.S. trade embargo (currently Cuba, Iran, North Korea, Sudan, and Syria) or to any resident or national of any such country, or to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce, or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury.
  • Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without reference to its choice of law rules. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in the District of Utah or in state court for Utah County, Utah, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action, or proceeding. If any part of this Agreement is held to be invalid, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
  • Entire Agreement. This Agreement shall inure to the benefit of each party’s successors and permitted assigns. This Agreement, together with all addenda, schedules, exhibits, and Privacy Policy, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous written and oral agreements and understandings that the parties relating to the subject matter hereof.
  • Severability. All provisions of this Agreement which by their nature extend beyond the expiration or termination of the terms of this Agreement shall survive termination of your Account. By way of example, all the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on SignalXChange’s liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between you and SignalXChange.
  • No Waiver. SignalXChange’s failure to exercise in any way any right herein shall not be deemed a waiver of any further rights hereunder. Any waiver of any provision of this Agreement must be in writing and signed by the party to be bound by such waiver. A waiver of any provision hereunder shall not constitute a waiver of any other provision, whether or not similar, nor shall such waiver constitute a continuing waiver unless expressly provided otherwise.
  • Assignment. You may not assign, delegate, or transfer this Agreement or your rights or obligations hereunder or your Account in any way (by operation of law or otherwise) without SignalXChange’s prior written consent. SignalXChange may transfer, assign, or delegate this Agreement and SignalXChange’s rights and obligations without consent, including as part of a change of control or other corporate combination or transaction. You acknowledge and agree that any of SignalXChange’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of this Agreement and that upon your acceptance of this Agreement, Personnel will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
  1. Headings. The section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
  • Severability. If any provision of this Agreement shall be determined to be unenforceable or invalid under any rule, law, or regulation of any local, state, or federal government, such provision will be limited, changed, or eliminated only to the minimum extent necessary to accomplish the objectives of the provision to the greatest extent possible under applicable law, and this Agreement shall otherwise remain valid, in full force, and enforceable.
  • Force Majeure. SignalXChange shall not be liable for delays, failure in performance, or interruption of any of the Services, which result directly or indirectly from any abnormal or unforeseeable circumstance, cause, or condition beyond SignalXChange’s reasonable control, including but not limited to significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, pandemic, strike, or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes, or any other occurrence which is beyond SignalXChange’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.

GENERAL CONTEST PARTICIPATION

On occasion, SignalXChange may offer our users the opportunity to participate in various contests and competitions, including simulated trading contests, which are governed by the general terms outlined below. Each contest will have specific rules and terms that supplement these general terms. By participating in any SignalXChange contest, users agree to adhere to the following general terms, as well as the specific rules for each contest:

  1. Contest Participation. Each contest will have its own set of rules detailing the specific guidelines, eligibility requirements, and prize details. By entering a contest, users agree to comply with all applicable rules and terms.
  • Simulated Trading Contests. SignalXChange will periodically host simulated trading contests. These contests involve trading with simulated funds, not real cash. Participants will receive simulated funds to trade during the contest.
  • Prizes and Awards. Prizes for contests will be awarded based on the specific criteria set forth in the rules of each contest. Winners may be required to provide accurate information for tax reporting purposes. Failure to provide such information may result in the withholding of prizes. Winners must provide a completed W-9 form (for U.S. residents) or any other applicable tax forms and may be required to verify their identity to claim prizes.
  • Eligibility. Contest eligibility is generally limited to legal residents of specified jurisdictions who are of the age of majority at the time of entry. Specific eligibility requirements will be detailed in the rules for each contest. Only legal residents of the 50 United States, the District of Columbia, Canada, Mexico, the United Kingdom, and countries within the European Union are eligible to participate in the contests.
  • Fair Play and Compliance. All contest participants must adhere to fair play and comply with all contest rules. Any form of cheating, manipulation, or unfair practices will result in disqualification. Participants must use the SignalXChange platform for all contest-related activities.
  • Legal and Regulatory Compliance.  Participants agree to comply with all applicable laws and regulations, including those governing investment advice. Participants understand that It is illegal to provide investment advice without a proper license, as controlled by the Investment Advisers Act of 1940 and shall not represent their simulated trading or contest performance as real investment advice.
  • Publicity and Promotion. Except where prohibited by law, participants grant SignalXChange the right to use their name, likeness, and biographical information for promotional purposes without additional compensation. This grant of rights will be confirmed in writing if requested by SignalXChange.
  • Publicity; Limitations of Liability and Releases. By participating in this Contest, participating entrants agree that SignalXChange and its respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, together with the respective officers, directors, employees, representatives and agents of each (collectively, the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF ANY INTERNET SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY INTERNET SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, EPIDEMICS AND PANDEMICS AND GOVERNMENT DIRECTIVES RELATED THERETO), WEATHER, OR TERRORISM. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  • Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and SignalXChange in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Utah, USA.
  1. Privacy. Any personal information sent to, shared with or collected by SignalXChange in connection with this Contest is subject to SignalXChange’s Privacy Policy found at [insert privacy policy link]. SignalXChange and its agents, affiliates, subsidiaries, representatives or service providers may use participants’ personal information submitted with entry for purposes of prize fulfillment. SignalXChange may also use participants’ personal information submitted with entry for future email marketing by SignalXChange, such as to notify participants of a product promotion that SignalXChange thinks may be of interest. SignalXChange will not sell personal information submitted with the entry. If you object to anything stated in these Official Rules or SignalXChange’s Privacy Policy, do not participate in the Contest.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SIGNALXCHANGE RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SignalXChange reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, SignalXChange may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes in accordance with the means of winner determination described herein from among the eligible, non-suspect entries received up to the time of the impairment.

STRATEGY SUBSCRIBER TERMS

Before proceeding with this strategy subscription service (the “Strategy Subscription”), this page presents the specific Subscriber Terms and Conditions under which SignalXChange Inc. (“SignalXChange”) grants you access to the Subscription (the “Subscriber Terms”). These terms are in addition to the Terms of Use and Limited License Agreement, which are referenced and incorporated herein. By subscribing to and utilizing the Subscription, you are expressing your consent to adhere to the SignalXChange Terms in addition to SignalXChange’s Rules, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14 OF THE SIGNALXCHANGE TERMS.

1. Subscriptions. Strategy Subscriptions allow you to view the trading activity of a user who is engaging in trading (“Initiator”) activity, which may include but is not limited to buying and selling stocks in publicly traded companies, corporate or municipal bonds, Forex, and other commodities. Subscriptions are not actively managed portfolios and should not be interpreted as personalized advice. The allocations and investments listed in the Subscriptions are considered accurate as of the time of publication and will not be updated in the future. All services and features provided by Strategy Subscriptions are provided “AS IS.” SignalXChange assumes no responsibility for the execution or timing of any trades.

2. Access and Fees. There will be no refunds or exchanges for Strategy Subscriptions. Users purchase access to Strategy Subscriptions individually and are billed monthly starting from the day the Strategy Subscription begins. You are responsible for paying all applicable access fees as outlined on this site.

3. Disclaimer of Risk. SignalXChange does not provide personalized investment advice. The information that a User accesses through a Strategy Subscription is not personalized investment advice. Users are solely responsible for assessing or consulting with a professional regarding their financial situation, risk tolerance, or investment objectives. Decisions and actions made based on the Subscription should not be considered recommendations for any trading decision or course of action. It is the User’s responsibility to determine the suitability of implementing any information obtained through SignalXChange or a Strategy Subscription.

4. Disclaimer of Warranties and Liabilities. By utilizing a Subscription, you acknowledge and agree that SignalXChange, its directors, employees, and agents bear no responsibility for any investment decisions made or actions taken by you or others based on reliance on the Strategy Subscription. It is crucial to keep in mind that past results do not predict future performance. Under no circumstances shall SignalXChange, its employees, or its agents be held liable for direct, indirect, incidental, or any other form of damages arising from your utilization or download of any materials on our websites, even if SignalXChange has been advised of the potential for such damages. This encompasses but is not limited to losses or injuries caused in whole or in part by our negligence or by factors beyond our control in the creation or delivery of the Strategy or any of our services.

ALL INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE IS OFFERED “AS IS.” SIGNALXCHANGE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. CONCERNING OUR WEBSITES, OUR SERVICES, ANY CONTENT, TOOLS, OR STRATEGIES, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF OUR SERVICES AS WELL AS THE ACCURACY AND COMPLETENESS OF THEIR CONTENT.

Please be aware that some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Consequently, the aforementioned limitations or exclusions may not be applicable to you. In such jurisdictions, our liability and that of our third-party content providers will be restricted to the maximum extent permitted by law.

5. U.S. Residents. SignalXChange does not assert that the materials and services provided under a Strategy Subscription are suitable for users located outside of the United States or in accordance with the laws of other jurisdictions. Should you opt to access or utilize the Service from a location other than the United States, you do so voluntarily and assume all associated risks. You are fully accountable for ensuring compliance with any relevant local laws that may apply to your activities in that jurisdiction.

6. Miscellaneous. All Users are also subject to the Terms of Use and Limited License Agreement. Should you come across any content or actions that you believe violate SignalXChange’s Rules or these Subscriber Terms, kindly bring it to our attention by contacting us at [insert contact information here]. SignalXChange retains the right to modify SignalXChange’s Terms of Use and Limited License Agreement or these Subscriber Terms at any juncture. Any alterations will be publicly posted on the relevant SignalXChange webpage for your reference.

STRATEGY INITIATOR TERMS

Before proceeding as a strategy initiator (the “Strategy Initiator”), this page presents the specific Initiator Terms and Conditions under which SignalXChange Inc. (“SignalXChange”) grants you the ability to provide trading activity information to Strategy Subscribers (the “Initiator Terms”). These terms are in addition to the Terms of Use and Limited License Agreement, which are referenced and incorporated herein. By registering as a Strategy Initiator, you are expressing your consent to adhere to the SignalXChange Terms in addition to SignalXChange’s Rules, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14 OF THE SIGNALXCHANGE TERMS.

            7. Initiator Submissions. As a Strategy Initiator, you agree to provide accurate and up-to-date information regarding your trading activities, which may include but is not limited to buying and selling stocks in publicly traded companies, corporate or municipal bonds, Forex, and other commodities. This information will be accessible to Strategy Subscribers. Additionally, SignalXChange will have access to any trading data that you input into SignalXChange’s platform.

            8. Compensation. Strategy Initiators may receive a split subscription fees collected from Strategy Subscribers who access their trading activity information. Payments will be processed on a monthly basis.

            3.         Tax Information. Strategy Initiators must provide accurate information for a W-9 form, which must be verified by SignalXChange. Failure to provide accurate and verifiable information may result in the withholding of payments or termination of your Strategy Initiator status.

            4.         Advertising Restrictions. Strategy Initiators agree not to advertise access to their trading information as investment advice. All marketing and communication must clearly state that the provided information is not personalized investment advice.

DISCLAIMER: It is illegal to provide investment advice without a proper license, as controlled by the Investment Advisers Act of 1940. Violations of this law may be subject to criminal and civil penalties.

            5.         Disclaimer of Risk. SignalXChange does not provide personalized investment advice. The information accessed by Strategy Subscribers through your Strategy Initiator account is not personalized investment advice. Subscribers are solely responsible for assessing or consulting with a professional regarding their financial situation, risk tolerance, or investment objectives. Decisions and actions made based on the Subscription should not be considered recommendations for any trading decision or course of action. It is the Subscriber’s responsibility to determine the suitability of implementing any information obtained through SignalXChange or a Strategy Subscription.

            6.         Disclaimer of Warranties and Liabilities. By participating as a Strategy Initiator, you acknowledge and agree that SignalXChange, its directors, employees, and agents bear no responsibility for any investment decisions made or actions taken by you or others based on reliance on the Strategy Subscription. It is crucial to keep in mind that past results do not predict future performance. Under no circumstances shall SignalXChange, its employees, or its agents be held liable for direct, indirect, incidental, or any other form of damages arising from the utilization or download of any materials on our websites, even if SignalXChange has been advised of the potential for such damages. This encompasses but is not limited to losses or injuries caused in whole or in part by our negligence or by factors beyond our control in the creation or delivery of the Strategy or any of our services.

ALL INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE IS OFFERED “AS IS.” SIGNALXCHANGE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. CONCERNING OUR WEBSITES, OUR SERVICES, ANY CONTENT, TOOLS, OR STRATEGIES, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF OUR SERVICES AS WELL AS THE ACCURACY AND COMPLETENESS OF THEIR CONTENT.

Please be aware that some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Consequently, the aforementioned limitations or exclusions may not be applicable to you. In such jurisdictions, our liability and that of our third-party content providers will be restricted to the maximum extent permitted by law.

            7.         U.S. Residents. SignalXChange does not assert that the materials and services provided under a Strategy Subscription are suitable for users located outside of the United States or in accordance with the laws of other jurisdictions. Should you opt to access or utilize the Service from a location other than the United States, you do so voluntarily and assume all associated risks. You are fully accountable for ensuring compliance with any relevant local laws that may apply to your activities in that jurisdiction.

            8. Miscellaneous Provisions. All Strategy Initiators are also subject to the Terms of Use and Limited License Agreement. Should you come across any content or actions that you believe violate SignalXChange’s Rules or these Initiator Terms, kindly bring it to our attention by contacting us at [insert contact information here]. SignalXChange retains the right to modify SignalXChange’s Terms of Use and Limited License Agreement or these Initiator Terms at any juncture. Any alterations will be publicly posted on the relevant SignalXChange webpage for your reference.