FuturesMonitortm Terms of Service Agreement
Web Site Subscriber Agreement and Terms of Service Between Subscriber and Premier Investor Network, doing business as www.FuturesMonitor.com ("Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY www.FuturesMonitor.com.
All references to www.FuturesMonitor.com shall include the owner of www.FuturesMonitor.com, and any affiliates, subsidiaries, officers and employees of www.FuturesMonitor.com, or its owner. All references to "you" and "your" shall mean the subscriber.
ACCEPTANCE BY www.FuturesMonitor.com AND ACCESS TO www.FuturesMonitor.com IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY www.FuturesMonitor.com, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- Description of Services
www.FuturesMonitor.com is a subscription service for individual traders.
www.FuturesMonitor.com provides a downloadable software client that
connects to the Internet. This password-protected client is constantly
updated at irregular times throughout the day with commentary and
information on market indices, futures, options, stocks, bonds, other
securities and the financial markets in general.
By subscribing to www.FuturesMonitor.com, you agree to provide complete
and accurate registration information, including, without limitation,
your legal name, address, email address and telephone number. You agree
to maintain and update this information as necessary to keep it true,
accurate and complete. www.FuturesMonitor.com reserves the right to
terminate the subscriber's subscription or limit access to the services
if the information is false or inaccurate.
- Payment & Renewal
To view the current rate list, click here.
All subscription fees will be charged to the credit card provided by the
subscriber. The charges will appear on the credit card statement under
the name Premier Investor Network, which is subject to change at anytime.
Payment for a subscription is due in advance and will be charged to the
subscriber's credit card prior to the period selected. Renewal of your
subscription is automatic. The renewal of your subscription will continue
and your credit card charged until you cancel your subscription prior to
the beginning of the automatically renewed subscription period as
provided below. www.FuturesMonitor.com reserves the right to change the
rates for the subscription at any time following 30 days notice by email
to the subscriber. The subscription rate change shall apply to all
subsequent billings following the 30-day notice period. If the company
issuing the credit card rejects the charge for any reason,
www.FuturesMonitor.com reserves the right to terminate your subscription
and your access to www.FuturesMonitor.com.
- Selection of username & password
To access www.FuturesMonitor.com you must select a User Name and Password.
FuturesMonitor.com reserves the right to reject any User Name or Password
if www.FuturesMonitor.com believes, in its sole discretion, that the User
Name or Password is vulgar, offensive, illegal, a trademark infringement,
an attempt to impersonate someone else, or intended to cause confusion.
You agree that you have no right to transfer or assign the User Name or
Password, and that you are solely responsible for maintaining
confidentiality of the User Name and Password. If you believe that your
User Name or Password is no longer secure, you agree to promptly notify
www.FuturesMonitor.com and change your User Name and Password. By
subscribing to the FuturesMonitor (FuturesMonitor.com) service you agree
to keep your username and password private. Sharing username and
passwords to access the www.FuturesMonitor.com website is grounds for
termination of your membership.
- Representations and Warranties
You represent and warrant to www.FuturesMonitor.com that (a) you are over
the age of eighteen (18) and have the power and authority to enter into and
perform your obligations under this Agreement; (b) you shall comply with
all the terms and conditions of this Agreement, including, without
accurate and complete registration and subscription information, including,
without limitation, your legal name, address and telephone number.
- You agree that you shall use the access granted to www.FuturesMonitor.com,
the FuturesMonitor.com client and any emails received from
www.FuturesMonitor.com, its agents or assigns, for your personal and
non-commercial use only. You may not modify, copy, distribute, transmit,
display, reproduce, publish, license, create derivative works from, transfer,
or sell any information, material or services obtained from the
www.FuturesMonitor.com or the emails sent by www.FuturesMonitor.com.
- You acknowledge that you have read, understand and agree to the terms of
the Disclaimer and the Privacy Statement posted on www.FuturesMonitor.com,
which are incorporated herein by reference, as if set forth and restated
in their entirety.
- You agree that you will only use the access granted under this Agreement
for lawful purposes.
- You agree not to permit anyone whose subscription was terminated to access
the site with your User Name and Password, or to provide your User Name and
Password for the purpose of accessing www.FuturesMonitor.com.
- All materials displayed or performed on the www.FuturesMonitor.com website
and the FuturesMonitor.com client, or in emails sent by www.FuturesMonitor.com,
(including, but not limited to text, graphics, news articles, photographs,
images, illustrations, audio clips and video clips, also known as the "Content")
are protected by copyright, and owned or controlled by www.FuturesMonitor.com
or its third party content providers. You agree to abide by all copyright
notices, information, and restrictions contained in any Content accessed
through the Services. www.FuturesMonitor.com is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce (except as permitted
in this Agreement for the use of Services), create derivative works based on,
distribute, perform, display, or in any way exploit, any of the Content, software,
materials, or Services in whole or in part. You may download or copy the Content,
and other items displayed on, or distributed by www.FuturesMonitor.com, for
download, for personal use only, provided that you maintain all copyright and
other notices contained in such Content. You will not store any significant portion
of any Content in any form. Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited without prior written
permission from www.FuturesMonitor.com, or from the copyright holder identified
in such Content's copyright notice.
- The site and emails maintained and distributed by www.FuturesMonitor.com may contain
links to the sites of third parties. The linked sites are not under the control of
www.FuturesMonitor.com and www.FuturesMonitor.com is not responsible for the content of
those sites. These links are provided only as a matter of convenience and inclusion of a
link by www.FuturesMonitor.com does not imply an endorsement of, or an association with,
any third party's linked site, products or services, unless expressly stated.
www.FuturesMonitor.com is not a party to any agreement or transaction which you enter
into with a third party accessed through a link. You are responsible for reading and
The online trading services that you may access through links on www.FuturesMonitor.com
are services offered by listed independent brokerage firms and require that you open and
maintain a brokerage account with them. www.FuturesMonitor.com does not endorse or recommend
the services of any brokerage firm and you agree that www.FuturesMonitor.com shall not be
liable for any damages or costs arising out of your relationship with any brokerage firm.
- You understand that parts of the Content, as well as software tools and portions of
the Services available on the Site may be provided by third party content providers and
suppliers. You acknowledge that neither www.FuturesMonitor.com nor such third party providers
and suppliers guarantee the accuracy, completeness or timeliness of such information and you
therefore agree that www.FuturesMonitor.com and its third party providers and suppliers shall
have no liability for any loss you may suffer through your use of such materials or resulting
from any errors, omissions or delays related thereto. By accepting this agreement, you expressly
accept the terms of the user agreement for the third party providers, as set forth in Exhibit A.
See individual third party agreements for specific guidelines on third party content
(see Exhibit A).
- The subscription to www.FuturesMonitor.com is only intended for citizens and residents of the
United States of America, currently residing there. www.FuturesMonitor.com makes no representation
that the Services provided are appropriate for other geographical locations or jurisdictions.
www.FuturesMonitor.com reserves the right to limit availability of the site and services to
any person, geographic area or jurisdiction. This Agreement is void where prohibited by law,
and the right to access www.FuturesMonitor.com is revoked in such jurisdictions. You also agree
that you will comply with any local laws or regulations that may apply to your use of
www.FuturesMonitor.com, the FuturesMonitor.com Client, or any emails sent by
www.FuturesMonitor.com, including, without limitation, any laws requiring registration or
filings with local authorities, and the payment of any taxes.
You will indemnify and hold www.FuturesMonitor.com, its parents, subsidiaries, affiliates, officers
and employees, harmless, including costs and attorneys' fees, from (i) any claims of liability or
responsibility for any use or misuse of the Services as selected or as applied by you, (ii) any claim
or demand made by any third party due to or arising out of your access to the Site, use of the Services,
the violation of this Agreement by you, or the infringement by you, or any third party using your
www.FuturesMonitor.com User ID and password, of any intellectual property or other right of any person or entity.
- DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SITE ARE STILL UNDER DEVELOPMENT AND THAT THE SERVICES, CONTENT,
SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that from time to time www.FuturesMonitor.com and the FuturesMonitor.com Client may be inaccessible
or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic
maintenance procedures or repairs which www.FuturesMonitor.com may undertake from time to time; or (iii)
causes beyond the control of www.FuturesMonitor.com or which are not reasonably foreseeable by
www.FuturesMonitor.com. www.FuturesMonitor.com may change, suspend or discontinue the Services at
any time, including the availability of any feature, database, or content. www.FuturesMonitor.com
may also impose limits on certain features and services or restrict your access to parts or all of
the Services without notice or liability.
The www.FuturesMonitor.com website and the FuturesMonitor.com client is constantly growing because
of our focus on investor education. The wealth of knowledge presented and trading information provided
and taught can be a benefit for FuturesMonitor.com readers for years to come. This dynamic format and
life-long value of the information provided has required us to make all subscriptions non- refundable.
You can continue to receive the daily information until the end of your subscription term or discontinue
it at any time but the subscription price is non-refundable. Subscribers should note that we are not
responsible for non-delivery to your email address due to changes in the address, service outages from your
ISP or delays in any form. All the information presented in the email version is available on the
www.FuturesMonitor.com website for subscribers at all times. It is the subscriber's responsibility to
keep the FuturesMonitor.com staff informed of your email address changes and any developments that might
prevent your address from accessing the FuturesMonitor.com client and from receiving emails from the
www.FuturesMonitor.com service for the length of your subscription.
www.FuturesMonitor.com reserves the right to terminate your subscription or limit your access to
www.FuturesMonitor.com at any time, in its sole discretion, and make a refund to you for any remaining
whole months on your subscription. In the event of a breach of this Agreement by you, www.FuturesMonitor.com
reserves the right to immediately terminate your access without a refund.
- Modification and Amendment
www.FuturesMonitor.com reserves the right, at its discretion, to modify this Agreement at any time by posting
a notice on the Site, or by sending you a notice via e-mail. You are responsible for reviewing and becoming
familiar with any such modifications. Your use of the Services following such notification constitutes your
acceptance of the terms and conditions of this Agreement as modified.
- Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled
by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration
Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The place of arbitration shall be the City and County of Denver, Colorado. This Agreement shall be
governed by the laws of the state of Colorado. Each party shall bear its own costs and expenses and an equal
share of the arbitrators' and administrative fees of arbitration. The arbitrators will have no authority to
award punitive or other damages not measured by the prevailing party's actual damages, except as may be required
by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written consent of both parties.
- Law. This Agreement shall be governed by the laws of the state of Colorado and the United States of
America without reference to conflicts of laws.
- Waiver and Severability. No failure or delay in exercising or enforcing any right or remedy hereunder
by www.FuturesMonitor.com shall constitute a waiver of any other right or remedy, or future exercise
thereof. If any provision of this Agreement is determined to be invalid under any applicable statute
or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall
- Survival. The respective rights and obligations of the parties under Sections 5, 6, 7, 8 13, and this
Section 14 shall survive any termination or expiration of this Agreement.
- Both parties agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of this Agreement.
www.FuturesMonitor.com may use third party tools, data and content from time to time throughout the website and client. We make no warranties regarding the accuracy and timeliness of the data presented and is presented on an "as is" basis. Any quotes available on the FuturesMonitor.com website or client are 15 to 20 minutes delayed.
www.FuturesMonitor.com is not responsible for any damages or damages per the Indemnification clause above in regards to the download, set up, operation or termination of the FuturesMonitor executable client. Whichever method that a subscriber can access the FuturesMonitor content is based solely on the subscriber's computer platform and system requirements. Any FuturesMonitor executable is delivered "as is" and without warranty of any kind.