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Terms of Use
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TERMS OF USE and NOTICES AGREEMENT BETWEEN USER AND SUPER DERIVATIVESINC. PLEASE READ THIS TERMS OF USE AGREEMENT BEFORE USING THIS WEBSITE.
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| TERMS OF USE and NOTICES  The SuperDerivatives.com Web Site is comprised of various Web sites and Web pages, as well as links to various services which may be accessible to all or only part of the Web Site’s customers, operated by Super Derivatives Inc. and/or its affiliates (collectively, the "SuperDerivatives.com Web Sites"). The SuperDerivatives.com Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SuperDerivatives.com Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SuperDerivatives.com Web Site included within the SuperDerivatives.com Web Sites may also be subject to additional terms outlined elsewhere in this agreement. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEB SITES. You must be at least 18 years of age to use the Web Sites. If you are not at least 18 years old, please do not access or use the Web Sites. Use of SuperDerivatives.com Web Sites shall be regulated by these Terms of Use, the Privacy Policy and, if any, an executed Services Agreement between yourself and Super Derivatives Inc. In case of any inconsistency between the Terms of Use or Privacy Policy and the terms and conditions of a Services Agreement, if any, the terms and conditions of the Services Agreement shall take precedence and prevail over the Terms of Use or Privacy Policy to the extent of any such inconsistency.
MODIFICATION OF THESE TERMS OF USE AND TERMINATION/ACCESS RESTRICTION Super Derivatives Inc. reserves the right to change the terms, conditions, and notices under which the SuperDerivatives.com Web Sites are offered, including but not limited to the charges or fees associated with the use of the SuperDerivatives.com Web Sites. You are responsible for regularly reviewing these terms and conditions, and your use of the SuperDerivatives.com Web Sites will be deemed as acceptance of such terms and conditions. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Super Derivatives Inc. reserves the right, in its sole discretion, to terminate your access to any or all SuperDerivatives.com Web Sites and the related services or any portion thereof at any time, without notice.
PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the SuperDerivatives.com Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, reverse-engineer or sell any information, software, products or services obtained from the SuperDerivatives.com Web Sites. The material provided on our Web Sites is for general informational purposes only.
No information on any of the Web Sites is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund.
The information on the Web Sites should not be relied upon for purposes of transacting any financial derivatives, instruments, securities or other investments. LINKS TO THIRD PARTY SITES The SuperDerivatives.com Web Sites may contain links to other Web Sites or systems ("Linked Sites"). The Linked Sites are not under the control of Super Derivatives Inc. and SuperDerivatives Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Super Derivatives Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Super Derivatives, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Super Derivatives Inc. of the site or any association with its operators. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the SuperDerivatives.com Web Sites, you warrant to Super Derivatives Inc. that you will not use the SuperDerivatives.com Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SuperDerivatives.com Web Sites in any manner that could damage, disable, overburden, or impair the SuperDerivatives.com Web Sites or interfere with any other party's use and enjoyment of the SuperDerivatives.com Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SuperDerivatives.com Web Sites. You may not (i) modify or create any derivative works of the SuperDerivatives.com Web Sites or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software used on the SuperDerivatives.com Web Sites (except to the extent applicable laws specifically prohibit such restriction); (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Super Derivatives Web Sites.
USE OF COMMUNICATION SERVICES
Super Derivatives Inc. has no obligation to monitor the Communication Services. However, Super Derivatives Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Super Derivatives Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Super Derivatives Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Super Derivatives Inc.'s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
Super Derivatives Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Super Derivatives Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SuperDerivatives.com spokespersons, and their views do not necessarily reflect those of Super Derivatives Inc. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. REGISTRATION FOR SUBSCRIPTION SITES To have access to certain areas of the SuperDerivatives.com Web Sites, you must be or become a member and be issued by SuperDerivatives.com Web Sites your own individual user name and password. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself and any entity you are employed by or provide services to as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or sell your use of or access to SuperDerivatives.com to any third party. If you are a SuperDerivatives.com subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing us at support@superderivatives.com or by calling its offices during business hours at +1 212 8327350 or +44 207 7303339. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING TRANSACTIONS, IF ANY) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. PAYMENT AND RENEWAL Current subscription rates and charges for SuperDerivatives.com are available by email at support@superderivatives.com, or on the SuperDerivatives.com subscription page. Payment for your subscription is due in advance of the subscription period, unless you are a free trial user (as decided by Super Derivatives Inc. at its sole discretion). Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to not to renew your subscription. The appropriate annual, fee for your subscription will be billed automatically at the beginning of each renewal period unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You have 90 days from the date that any discrepancies in your statement or any invoice first appear to notify us, after that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees. CANCELLATION Subscriptions to SuperDerivatives.com Web Sites are for twelve (12) month terms each, and non-renewal policies in relation to subscriptions are governed by individual Services Agreements. TERMINATION This Agreement shall remain effective until terminated in accordance with its terms. Notwithstanding the foregoing, Super Derivatives, Inc. may terminate this Agreement, and/or your access to and use of the SuperDerivatives.com Web Sites or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon immediate notice, to terminate this Agreement without cause provided however that if you had actually paid a subscription fee Super Derivatives Inc. shall reimburse any whole months remaining on your subscription. MATERIALS PROVIDED TO SUPERDERIVATIVES.COM OR Super Derivatives Inc. does not claim ownership of the materials you provide to Super Derivatives Inc. (including feedback and suggestions) or post, upload, input or submit to any SuperDerivatives.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Super Derivatives Inc., our affiliated companies and designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in Message Boards or other forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials. No compensation will be paid with respect to the use of your Submission, as provided herein. Super Derivatives Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Super Derivatives Inc.'s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
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SOFTWARE AVAILABLE ON THE SUPERDERIVATIVES.COM WEB SITES Software (if any) that is made available to download from the SuperDerivatives.com Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Super Derivatives Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, SuperDerivatives.com hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular SuperDerivatives.com Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Superderivatives, Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. MARKET QUOTES Market quotes, including but not limited to, currency rates, forward rates, stock market indices, interest rates, securities, any and all derivatives rates etc., appearing on the SuperDerivatives.com Web Sites and in email alerts may delayed at least 10 minutes. Market quotes indicated as"real-time quotes" are made available without delay following their receipt.Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All market quotes are labeled with "time of last trade" to indicate the timeliness of the data. Market quotes are believed to be accurate and timely (subject to the aforementioned delays), but Super Derivatives Inc. and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stockbroker or other authorized financial advisor or representative to establish actual market prices before making any stock trades or other THIRD PARTY ACCOUNT INFORMATION By using the account access service accessed through the SuperDerivatives.com
Web Sites, you authorize Super Derivatives Inc. and its agents to access third
party sites designated by you or on your behalf, to retrieve information
TRADING ONLINE WITH BROKERAGE, BANKS AND/OR MUTUAL FUND FIRMS The online trading services which you may access through SuperDerivatives.com Web Sites and/or any links contained on the SuperDerivatives.com Web Sites are services of the listed in dependent brokerage, banks and/or mutual fund companies as the case may be. In order to use these services, you need to have an existing account with such company, or you will need to set up an account, which you may do after linking to the
company's Web site. Any links the SuperDerivatives.com Web Sites provides
to selected companies is for your convenience only. Super Derivatives Inc. is
not a registered broker-dealer, bank or mutual fund company, and does not endorse
or recommend the services of any brokerage, bank or mutual fund company.
The brokerage, bank or mutual fund company you select is solely responsible for
its services to you, and you agree that Super Derivatives Inc. shall not be
liable for any damages or costs of any type arising out of or in any way DISCLAIMER OF WARRANTIES AND LIABILITY SUPER DERIVATIVES INC. IS COMMITTED TO MAINTAINING THE SUPER DERIVATIVES INC. IS COMMITTED TO MAINTAINING THE IN NO EVENT SHALL SUPER DERIVATIVES INC. AND/OR ITS INDEMNIFICATION You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites or any services related to the Sites, including without limitation any transactions you or any third party effected or refrained from effecting. SERVICE CONTACT: support@SuperDerivatives.com
GENERAL This agreement is governed by and construed in accordance with the
laws of New York State, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts in New York County, New York,
U.S.A. in all disputes arising out of or relating to the use of the
SuperDerivatives.com Web Sites. Use of the SuperDerivatives.com
Web Sites is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you JURISDICTIONAL ISSUES The SuperDerivatives.com Web Sites are legally directed to users residing in the United States. We make no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Sites and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. COPYRIGHT AND TRADEMARK NOTICES: All contents of the SuperDerivatives.com Web Sites are: TRADEMARKS. SuperDerivatives.com, and/or other SuperDerivatives.com products referenced herein are either trademarks or registered trademarks of Super Derivatives Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF The Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by Super Derivatives Inc.
or one of its subsidiaries infringe your copyright (for example, materials
posted to a Message Board), you (or your agent) may send us a notice OTHER ACKNOWLEDGMENTS AND NOTICES Historical chart information supplied by several brokerage companies. Certain software used in the SuperDerivatives.com Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. PLEASE READ THESE TERMS AND CONDITIONS WHICH GOVERN COPYRIGHT AND LIMITATIONS ON USE The content available through Super Derivatives Inc. is the property
of Super Derivatives Inc. or its licensors and is protected by copyright
and other intellectual property laws. Content includes for example analytical tools, financial calculators, news and other stories, and other items LEGAL NOTICES Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: Pricing Information: Current rates for our Services may be obtained by calling our Customer Service Department at +1 212 8327350. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement. Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254. |
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