Simplicity Trading Systems Swing Variant Subscriber Agreement
Once you have read the subscription agreement, go back to the Swing Variant purchase page and check the acknowledgement box. Then click on the "Next" button to continue.
This Subscriber Agreement (“Agreement”) governs your use of the subscription that you have purchased in connection with Simplicity Trading Systems, LLC’s (“Simplicity”) equities analysis software ("Subscription") and details the relationship between you (“Subscriber”) and Simplicity.
If you agree to be bound by the terms of this Agreement, you should check the box on the purchase page indicating your understanding of and acceptance of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should not check the box and you will not be able to proceed with the registration process for the Subscription and become a Subscriber.
The Subscription, the website at www.simplicitytradingsystems.com ("Site") and any related content, whether on the Site or contained in any reports, emails, text messages or Workups (collectively “Simplicity Content”), are provided to you "as is" and on an “as available” basis and without guarantee. Simplicity, its affiliates and their respective data and content providers (collectively "Information Providers") make no representations or warranties of any kind in connection with the subject matter of the Subscription or about the accuracy, completeness and suitability of the information or any graphics contained in the Subscription, the Site and any Simplicity Content, whether on the Site or contained in any reports, text messages or emails for any purpose. Use of the Subscription, Simplicity Content and any other such information is at your own risk.
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of such changes in writing or electronically. The changes also will appear in this document, which you can access at any time through the link at the bottom of an email or page from the Subscription. You signify that you agree to be bound by such changes by using the Subscription after changes are made to this Agreement.
3. Term, Fees and Payments. Your Subscription will run for 30 days from the date the Subscription is entered or renewed (“Subscription Period”). You agree to pay the Subscription Fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your Subscription or upon any renewal. You may cancel your initial Subscription any time within the first 5 days provided no Simplicity content has been issued in connection with the Subscription and receive a full refund. However, after 5 days no refunds of any kind will be issued whether any text messages or emails have been issued in connection with the Subscription or not. Notwithstanding the foregoing, if you have paid Subscription fees in advance for multiple Subscription Periods, if you cancel your Subscription, whether or not you may be eligible for a refund of then-current Subscription Period fees, you will be entitled to a full refund of future Subscription Period fees paid.
4. Renewal. Your Subscription will run for 30 days from the date the Subscription is entered or renewed (“Subscription Period”). The Subscription will renew automatically for additional 30 day segments at the end of each Subscription Period. You must cancel the Subscription before it renews in order to avoid billing of Subscription fees for the renewal term to your credit card. We will accept notification of your decision not to renew through our plan management system. Notwithstanding the foregoing, if you have paid Subscription fees in advance for multiple Subscription Periods, if you cancel your Subscription, whether or not you may be eligible for a refund of then-current Subscription Period fees, you will be entitled to a full refund of future Subscription Period fees paid
5. Ownership; Limitations on Use. All content and information provided by via the Subscription and the Simplicity Content is the property of Simplicity or its content suppliers. You have no rights or interests therein except as set forth in this Agreement. SIMPLICITY TRADING SYSTEMS, the Simplicity Trading Systems Logo, Swing Variant Logo, SWING VARIANT, DISCOVERY, ENDEAVOR and SMART GET OUTS are trademarks of Simplicity. All other trademarks appearing on the Site are the property of their respective owners. Your access and use of the Subscription and Simplicity Content is further limited as follows:
a. This Subscription is personal to the Subscriber only and Subscriber may not allow access to or use of the Subscription by any other person(s) or entity(ies), unless we agree otherwise.
b. You may not forward, distribute, publish, sell, or otherwise provide access to the Simplicity Content received through the Subscription to anyone, including, if applicable, to your employees.
c. You may not rearrange or modify the Simplicity Content. You may not create abstracts from, scrape or display headlines from the Content for use on another web site or service. You may not post any Simplicity Content to blogs, text messages, newsgroups, mail lists or electronic bulletin boards, without our written consent.
d. You may not use the Subscription or the Simplicity Content for any unlawful purpose. We reserve the right to terminate or restrict your access to the Subscription and Simplicity Content if, in our opinion, your use of the Subscription or Simplicity Content may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. In the event of any such termination or restriction of access to the Subscription or Simplicity Content, Subscriber agrees that it will not be entitled to any refunds of any sums paid to Simplicity under the Subscription prior to such termination or restriction of access.
6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR USE OF THE SUBSCRIPTION AND THE CONTENT AVAILABLE THROUGH THE SUBSCRIPTION IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In addition, Simplicity and its Information Providers make no representations or warranties of any kind in connection with the subject matter included on or the use of the Site, and use of the Site is subject to the disclaimers, terms and conditions of use found in this Agreement and on the Site or within any reports, text messages or emails.
Simplicity is not registered a registered investment adviser and Subscriber agrees that Simplicity is not providing any personalized financial, investment or tax advice. Simplicity cannot assess or guarantee the suitability of any particular investment to any personal situation. Accordingly, you bear complete responsibility for your own investment, financial, and tax research and decisions and should seek the advice of qualified professionals prior to making any decisions based on the Subscription or any Simplicity Content as defined above. The Subscription and Simplicity Content is provided solely for educational and informational purposes, and does not constitute an offer or solicitation to buy or sell any securities. All opinions expressed and information and data provided therein are subject to change without notice. We do not undertake any duty or obligation to update any content of the Subscription to reflect current market conditions or other changes.
SIMPLICITY, ITS INFORMATION PROVIDERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE SUBSCRIPTION OR SIMPLICITY CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL ANY OF THE PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY INVESTMENT, FINANCIAL, OR TAX DECISIONS YOU MAKE AS A RESULT OF ACCESSING OR USING THE SUBSCRIPTION.
By using the Subscription and any Simplicity Content, you accept the foregoing disclaimers and limitations on liability and you assume all risks associated with such use (including without limitation, risk of investment losses, risk to your computer, software or data being damaged by any virus transmitted or activated via the Subscription, Simplicity Content or any other materials that may be included within or accessed from the Subscription).
7. Complete Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
8. Binding Effect. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
9. Assignment. These Terms and your user account may not be assigned with the express, prior written consent of Simplicity, which consent may be withheld at its sole discretion.
10. Notices. All Notices as required under these Terms shall be in writing and shall be deemed given when: (i) delivered electronically, personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to Company shall be made to: by email: firstname.lastname@example.org by mail or courier: Simplicity Trading Systems, LLC P.O. Box 101031 Cape Coral, FL 33901-1031
11. Choice of Law, Venue. These Terms and Conditions are governed by Florida law, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with Simplicity, or in any way relating to your use of the Simplicity Site, is within the courts of the State of Florida and further agree and expressly consent to the exercise of personal jurisdiction in the courts of Lee County, Florida in connection with any such dispute.
12. No Waiver. Simplicity’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
13. Severability. The provisions of this Agreement shall be severable. Any section, paragraph, clause or provision of this Agreement which is found to be unenforceable or invalid shall not affect the enforceability or validity of any other section, paragraph, clause or provision of this Agreement.