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The Zanger Report User Agreement

Chartpattern.com Terms of Service

Last Updated: March 1, 2016

These Terms of Service (“Terms”) govern your access to and use of the website located at www.chartpattern.com (the “Website”), including all content, materials, and services made available through the Website. By accessing or using the Website or any of the services provided by Daniel Zanger LLC, The Zanger Report LLC, and chartpattern.com, Inc. (collectively, “,” “we” or “us”) you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or our services.

 

Access to the Website and Services

Subject to these Terms, may provide you with access to: (1) free content, including text, images, videos, data compilations, and other materials written by us and provided through the Website and the Twitter account located at https://twitter.com/chartpattern; and (2) paid content, including the The Zanger Report® newsletter, additional educational resources, the chat services and the community forum. The free content and paid content are collectively referred to as the “services.”

 

What You Get When You Join

Dan puts the newsletter out Sunday, Monday, and Wednesday night each week up to 48 weeks per year. Four weeks of vacation time plus national holidays off are included for Dan each year as part of your agreement in joining.

 

Nature of Information Provided by

and the creators and providers of our services (the “personnel”) are publishers and are not broker-dealers or investment advisers. The information provided through the Website and our services is intended for educational and informational purposes only.

By accessing the Website or using our services, you understand that:

 

·         No content published on the Website or provided as part of our services (including in any newsletter, chat room, or social media account) constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent any of the content published on the Website or provided through our services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

 

·         Neither nor the personnel will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, please do not attempt to contact them seeking personalized investment advice, which they cannot provide.

 

·         The views expressed on the Website or provided through our services are the author’s own opinion. Neither nor the personnel recommend the purchase of particular securities nor do they promise or guarantee any particular investment results.

 

·         There is a very high degree of risk involved in trading securities and, in particular, in trading futures and options. Past results of any individual trader or trading system published by are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. 

 

·         Your actual results may differ from performance results reported through our services (for example, in The Zanger Report® newsletter) for various reasons, including, without limitation: (a) the performance results reported through our services do not reflect actual trading commissions that you may incur; (b) the performance results reported through our services do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; (c) the investments highlighted may be volatile, and server delays, delivery delays, and other factors may cause the price you obtain to differ substantially from the price at the time of the relevant report; (d) at the point in time you begin subscribing to our paid services the prices of investments reported through the Website or our services may be higher than such prices at the time such investments were chosen for inclusion in the relevant report; and (e) the size and timing of your purchase or sale of a stock may affect the price of that stock.

 

You acknowledge and agree that you, and not , are solely responsible for your own investment research and decisions, and the content provided on the Website or through our services is not intended to be and should not be interpreted as a promise or guarantee of any particular result. encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor before making any investment, and to investigate and fully understand any and all risks before investing.

 

Signing Up For a Free Trial Membership or Subscribing to Our Paid Services

You may sign up for a free two-week trial membership or subscribe to our paid services by providing a valid email address and payment information. By registering for a free trial membership or subscribing to our paid services, you represent and warrant that: (i) all registration information you submit is accurate and complete; (ii) you will maintain the security and confidentiality of such information; and (iii) your use of our paid services does not violate any United States or other applicable law or regulation. 

You further agree to treat as strictly private and confidential any username or password which you receive from and all information to which you have access through our services and password-protected areas of the Website, and that you will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever. Any violation of this provision will result in immediate termination of your access to the Website and use of our services. In such case, you will not be entitled to receive a refund, reimbursement, or any other credit for any portion of the current monthly fee you have paid for access to the our paid services.

 

Cancellation Policy

At the end of your free trial membership, your credit card will automatically be charged $125 for the first month of membership. If you opt not to continue receiving our paid services, please notify us AT LEAST FOUR (4) BUSINESS DAYS before your free trial membership expires. Otherwise, you authorize to charge your card automatically every billing period, until you notify us in writing of your request to cancel your membership.

You may cancel your subscription to our paid services at any time by submitting a cancellation notice to cancellations@chartpattern.com. It is your responsibility to initiate the cancellation and to follow up if your cancellation request is not acknowledged by email. You must provide AT LEAST FOUR (4) BUSINESS DAYS notice of cancellation PRIOR to the next renewal date. Any cancellations initiated within this four day period will be billed for the next month. Please note that all sales are final and we do not issue credits or refunds (including prorated refunds). 

 

Intellectual Property Rights

The Website and any content provided through our services is owned by and protected by the laws of the United States and foreign countries. No right, title or interest in or to the Website or any content provided through our services is transferred to you, and all rights not expressly granted to you are reserved by .

You may use the Website and any content provided through our services for your personal, non-commercial use only. You must not reproduce, distribute, modify, republish, download, store, or transmit any of the materials on the Website or provided through our services, except as follows:

·         You may temporarily store copies of the Website incidental to your accessing and viewing those materials on your computer or mobile device (including files that are automatically cached by your browser on your computer or mobile device).

·         You may print or retain copies of the content presented on the Website or provided as part of our services for your personal use. 

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website, including unauthorized access to our paid services in violation of the Terms, your right to access the Website and use of our services will terminate immediately.

 

 

Prohibited Uses

 

You agree not to use the Website or our services for any of the following prohibited purposes:

 

·         To transmit or send any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;

 

·         To use any manual or automatic device, process, or means (such as a spider or robot) to access the Website for any purpose, including monitoring or copying any of the content on the Website;

 

·         To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

 

·         To impersonate or attempt to impersonate , a employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

 

·         To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or users of the Website or expose them to liability; or

 

·         In any other way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

 

 

Trademarks

DAN ZANGER®, THE ZANGER REPORT®, ® and all related names, logos, trade dress and slogans (“the trademarks”) are trademarks of and are protected by United States and international trademark laws. You may not use such trademarks for any purposes whatsoever, including websites or social media sites, without our prior written permission. You may not use the trademarks in any disparaging manner, in any manner that is likely to cause confusion among consumers, or in any manner that suggests endorsement, sponsorship, or affiliation where none exists. 

All other names, logos, and slogans on the Website are the trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

 

Disclaimer of Warranties

The Website and any content provided through our services (including third-party content and user-generated content) is provided on an “as is” or “as available” basis, without representations or warranties of any kind, either express or implied.

To the maximum extent permitted by applicable law, (including its officers, directors, employees, shareholders, affiliates, contractors, agents, licensors, suppliers, successors, and assigns) disclaims all warranties, express, implied or statutory, including, but not limited to, merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, availability, data security, and all warranties relating to the adequacy, reliability, accuracy, timeliness, or completeness of any content provided on the Website or through our services.

does not warrant and accepts no liability that your use of the Website and any content provided through our services (including third-party content and user-generated content) will be uninterrupted, error free, or secure, that defects will be corrected, or that the Website or the server(s) on which the Website is hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. acceptS no liability for any informational errors, incompleteness, delays, or any actions taken in reliance on information contained on the Website or provided through the services.

You acknowledge that you are responsible for obtaining and maintaining all software, computer hardware and other equipment needed to access the Website or use our services, and all charges related thereto. acceptS no liability for any software downloaded in connection with your use of the Website or our services.

You assume total responsibility and risk for your use of the Website and our services and your reliance thereon. No opinion, advice, or statement of , whether made on the Website or otherwise, shall create any warranty. Your use of the website and our services are entirely at your own risk.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will , its officers, directors, employees, shareholders, affiliates, contractors, agents, licensors, suppliers, successors and assigns be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for loss of revenue, loss of profits, loss of goodwill, business interruption, lost data or content, service interruption, computer damage, cost of substantiate services, inability to use the Website or our services, privacy breach, or any other liabilities or losses caused by the Website or by our services, whether based on warranty, contract, tort, or any other legal theory, and whether or not knew or should have known of the possibility of such damages.

To the maximum extent permitted by applicable law, in no event will ’s total cumulative liability arising from or related to the Website or our services, whether based on warranty, contract, tort, or any other legal theory, exceed the TOTAL AMOUNT ACTUALLY PAID BY YOU to for access to the Website and our services in the prior 12 months immediately PRECEDING the date of any claim. This limitation is cumulative and will not be increased by the existence of more than one claim. 

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and .

 

Indemnification

You agree to defend, indemnify and hold harmless , its officers, directors, employees, shareholders, affiliates, contractors, agents, licensors, suppliers, successors, and assigns from and against any damages, liabilities, claims, demands, losses, or expenses, (including attorneys’ fees) arising out of or relating to: (i) your use of the Website or our services, including your reliance on any of the information provided on the Website or through our services; (ii) your violation of these Terms; or (iii) your violation of any law or the rights of any third party, including the actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Website or our services. 

This provision is not intended to permit indemnification to the extent it would be inconsistent with the requirements of U.S. federal and state securities laws (or any other applicable law).

 

Resolution of Disputes

You agree that these Terms and any claim, dispute, cause of action, issue, or request for relief arising out of or relating to these Terms, the Website, or our services (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any conflict of laws principles that may provide for application of the law of another jurisdiction.

You agree that you will notify of any Disputes by contacting us as provided under the “Contacting ” provision below. will first try to resolve the Dispute by contacting you informally through email. If a Dispute is not resolved within 30 days after you contact us, you agree to try to resolve it with the help of a mutually agreed-upon mediator with the Judicial Arbitration and Mediation Service (“JAMS”) in Las Vegas, Nevada. Unless otherwise precluded by law, you agree to pay your own attorneys’ fees and costs, and you and shall each be responsible for one-half of the costs and fees associated with any mediation.

 

Arbitration

If it proves impossible to arrive at a mutually satisfactory solution through mediation, you agree to submit all Disputes to confidential, binding arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective, or representative basis between you and .

This agreement to arbitrate shall be governed by, and enforceable under, the Federal Arbitration Act 9 U.S.C. § 1 (“FAA”). Any such arbitration shall be in accordance with the Comprehensive Arbitration Procedures of the JAMS, as modified by the Optional Expedited Arbitration Procedures adopted by JAMS. If we cannot agree on the arbitrator after our best efforts, an arbitrator from JAMS will be selected pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS in Las Vegas, Nevada.

A judgment upon the award made by the arbitrator may be entered in any court having jurisdiction. Unless otherwise precluded by law, you agree to pay your own attorneys’ fees and costs, and you and shall each be responsible for one-half of the costs and fees associated with any arbitration. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of this arbitration agreement shall remain in full force and effect consistent with applicable law.

 

Limitation on Claims

Regardless of any statute or law to the contrary, any Dispute must be filed WITHIN ONE (1) YEAR after the occurrence of the event or facts giving rise to a Dispute or you waive the right to pursue any Dispute based upon such event or facts forever.

 

Third-Party Content and User-Generated Content

The Website and our services may contain content written or provided by third parties, as well as hyperlinks or references to websites operated by third parties. The appearance of any third-party content on the Website does not constitute an endorsement by of the opinions or views expressed in any such content, and is not responsible for, nor shall it be liable to you for, your access and use of any such content.

In addition, certain areas of the Website accessible to users of our paid services allow you to post content that can be accessed and viewed by other users of our paid services. You understand that all content posted on the Website by other users (“user-generated content”) is the sole responsibility of the person from whom such content originates. does not guarantee the accuracy or timeliness of any such user-generated content. You acknowledge that you, and not , are responsible for all content that you upload, post, email, transmit, or otherwise make available via the Website.

 

Term and Termination

These Terms will remain in full force and effect as long as you continue to access the Website or use our services. reserves the right to terminate your access to the Website and/or use of our services in the event you violate the Terms. In such case, you will not be entitled to receive a refund, reimbursement or any other credit for any portion of the current monthly fee you have paid for the paid services (if any).

 

International Users

The Website and our services are intended for United States residents only. We make no representation that the content provided through the Website or our services is appropriate or available for use outside the United States. If you choose to access the Website or use our services from other locations, you do so at your initiative and own risk, and you are responsible for compliance with local laws, if and to the extent applicable.

 

Entire Agreement; Waiver; Severability

 

These Terms constitute the entire agreement between you and with respect to the use of the Website and our services, and they supersede and replace any and all prior oral or written understandings or agreements between you and regarding use of the Website and our services. ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law (including, but not limited to the warranty disclaimers and liability limitations set forth above) then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

 

Changes to the Terms of Services

We may modify or revise these Terms at any time. If we make any material changes to the Terms, we will notify you by posting an updated version on this page for your review or contacting you through the email address provided to us if you have a free trial membership or subscribe to our paid services. Amendments to these Terms are effective immediately when posted. Your continued use of the Website or viewing of any emails or The Zanger Report® newsletter after the posting of amendments will be deemed your acceptance of the changes to these Terms.

You can determine when the Terms were last revised by referring to the date they were “Last Updated” above.

 

Privacy

Please review our Privacy Policy so that you understand our privacy practices. You can access our Privacy Policy at www.chartpattern.com/Privacy. 

Should you have any questions regarding these Terms, please contact us by phone at 818-716-5575, by emailing us at support@chartpattern.com, or by postal mail at the following address: chartpattern.com, Inc., 4872 Topanga Canyon Blvd., PMB #401, Woodland Hills, CA 91364.