© 2021 By SeasonWarez
© 2021 By SeasonWarez
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Terms of Service
Copyright © 2018-2025 SeasonWarez LLC, a Texas limited liability company. All rights reserved.Legally binding SeasonWarez terms of service and customer contract: These terms of service ("TOS", "terms", "conditions", "disclaimers", "contract", or "agreement") are entered into between SeasonWarez LLC, an Texas limited liability company, doing business as SeasonWarez.com, (“SeasonWarez”, “we”, “us”, or “our”) and the entity purchasing or using services provided by or through the Platform (“Customer”, “you”, or “your”). If you are purchasing the Services for a third party, you represent that you have the legal authority to bind that party to these TOS and that you will be responsible for their use of the Services. By using the Platform and Services described in this document and marketed at SeasonWarez.com, or subscribing to the services on the SeasonWarez.com website, you are attesting that you have read, understand, and agree to these Terms, Conditions and Disclaimers and that you agree that your relationship with us is goverened by the terms spelled out in the TOS. If you do not agree with these TOS, then you must immediately cease use of SeasonWarez.com and any SeasonWarez services or Platforms.
The Services.SeasonWarez will provide active customers in good standing with access to SeasonWarez’s online chart analysis software (the “Platform”). As used in this Agreement, the term “Services” will mean SeasonWarez’s provision of your access to the Platform. SeasonWarez will provide the Services to you pursuant to one or more written orders made by you and accepted by SeasonWarez (“Order”). In the event of a conflict between these TOS and an Order, the terms of these TOS will prevail. By accepting the Services, you acknowledge and agree that any different or additional terms proposed by you in any Order or otherwise are hereby rejected by SeasonWarez unless SeasonWarez has agreed to such additional or different terms in a writing executed by an authorized SeasonWarez representative.
TermThe Effective Date of these TOS will be the day on which your account begins with our company. These TOS will begin on the Effective Date and remain effective during at all times in which an Order remains open. The Services will renew monthly or annually, as specified in your Order, and the first such monthly or annual term shall be referred to as the Initial Term. After the expiration of the Initial Term, the Services will renew for successive periods of equal length (each, a “Renewal Term”). If the Order does not contain an Initial Term, the Initial Term shall be one month and each Renewal Term shall be a term of one month.
PaymentYou are responsible for the payment of all fees and charges set out in your Order, including setup fees and recurring subscription fees (collectively, “Fees”). Fees are charged no more than three (3) days in advance of the date set out on your Order. All Fees must be made in US Dollars with a major credit card. All renewal charges will be automatically charged to such credit card on the due date of the payment. Our obligation to provide the Services is contingent on your payment of the Fees by the date set out on our invoice (“Due Date”). You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. In the event Fees are not paid timely, in addition to any other remedies available at law, SeasonWarez may, in its sole discretion, (i) suspend the Services; (ii) charge interest at a rate of 2.0% per month (or the maximum allowed by law) on all unpaid balances; and/or (iii) cancel any Order, the election of which will not be a waiver of any of SeasonWarez’s other rights or remedies. Should the Services be suspended, for any reason, Fees will continue to accrue, even during the period of suspension. You agree to indemnify SeasonWarez for any costs, including reasonably attorney’s fees, incurred by SeasonWarez or any of its affiliates in the collection of Fees after the Due Date.
All payments and pre-payments are non-refundable.SeasonWarez reserves the right to adjust the cost of the services. SeasonWarez shall notify you of any changes to the cost of your services at least 30 days before such change is to take effect. Any change to service pricing will be effective on the next renewal date after 30 days has passed from the date SeasonWarez sent notification to you of the price change.
Licenses and Intellectual Property
License from SeasonWarez to you.SeasonWarez grants to you a limited, revocable, non-exclusive, non-transferable, worldwide, license to use technology provided by SeasonWarez solely to access and use the analytical engines provided by us (collectively, the “SeasonWarez Technology”) as part of the Services, as well as the reports generated by the Services (“Reports”). This license extends only to those users associated with your account (“Registered Users”). This license terminates on the expiration or termination of these TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in the SeasonWarez Technology shall remain with SeasonWarez or SeasonWarez’s licensors. Except as expressly set forth in these TOS, you do not have the right to transfer, lease, lend, sublicense, resell, or distribute; use for timesharing or service bureau use; or allow any third parties to access any portion of the SeasonWarez Technology. You are not permitted to circumvent any devices designed to protect SeasonWarez’s, or its licensor’s, ownership interests in the SeasonWarez Technology provided to you. In addition, you may not modify, reproduce, decompile, reverse assemble, reverse engineer or create derivative works based on any portion of the SeasonWarez Technology or any other aspect of the Platform. Upon termination of these TOS, you shall cease using and delete any SeasonWarez Technology that is in your possession. You shall cause any third parties who have accessed the SeasonWarez Technology to do so as well. Other than the licenses provided to you in this paragraph, SeasonWarez reserves all right, title and interest in, and to, the SeasonWarez Technology, including the Platform. This reservation of rights includes, but is not limited to, any derivative uses, improvements or enhancements to the Platform, and also includes any trademark or copyright interest in the Platform. You may provide at your discretion, or we may request, input or feedback regarding the Platform or Services, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of a portion of the Services or another SeasonWarez site, service or product (“Feedback”). You acknowledge and agree that any Feedback will be considered confidential and proprietary information of SeasonWarez and you hereby assign to us all right, title and interest in and to such Feedback. We will be entitled to use Feedback for any purpose without restriction or remuneration of any kind.
Representations and Warranties; Compliance.Each party warrants to the other that: (i) such party has the power, authority and legal right to enter into these TOS and any applicable Order; and (ii) such party has the power, authority and legal right to perform such party’s obligations under these TOS and all incorporated provisions. You represent and warrant to SeasonWarez that: (i) you have the experience and knowledge necessary to use the Platform; (ii) you will not rely on the information provided by SeasonWarez and will do other reasonable due diligence before entering an investment or trade decisions. Compliance. You agree not to use the Platform in any way or for any purpose that would violate, or have the effect of violating, any applicable laws, rules or regulations or any third-party rights, including, without limitation, any law or regulations governing public securities, markets and trading.
Accuracy of Information.SeasonWarez makes extensive use of third party data feeds and as such is unable to guarantee the accuracy of the information provided on or within the Platform. Furthermore, SeasonWarez makes no guarantee that the analysis provided inside of the Platform is accurate because it cannot guarantee that the underlying data is accurate. This website, the Services and the Platform are provided for informational or research purposes only and should be relied upon to make investment decisions. SeasonWarez is not responsible for any losses resulting from errors in data or analysis displayed in the Platform or the Services.
Exchange Specific Terms and ConditionsBy using the SeasonWarez system, you agree to all the terms and conditions indicated on the following URL: http://www.utpplan.com/DOC/subagreement.pdf. These terms and conditions are required for all users of US equity data feeds. Please review them carefully.
Not Investment Advice.The analysis provided in the Platform is NOT INVESTMENT ADVICE and should not be construed as investment advice. The analysis provided by the Platform should not be the sole form of analysis you perform before making investment decisions. As indicated in the previous paragraph, SeasonWarez depends heavily upon third party data which may not be accurate and is not guaranteed to be accurate, thus, before making any investment decisions, please perform your own due diligence utilizing multiple sources of information as well as your own analysis of stock charts. For the avoidance of any doubt, and in the interest of clarity, SeasonWarez DOES NOT PROVIDE INVESTMENT ADVICE, SeasonWarez ANALYSIS IS PROVIDED ON AN AS-IS BASIS AND IS NOT GUARANTEED TO BE ACCURATE, AND YOU SHOULD NEVER MAKE INVESTMENT OR TRADING DECISIONS WITHOUT CONDUCTING YOUR OWN CAREFUL DUE DILIGENCE.
Investment Decisions.You assume all risk associated with investment decisions that you decide to make based on information you find inside of the Platform or in SeasonWarez’s analysis of a particular stock or security. You represent that you understand that SeasonWarez depends on potentially inaccurate third party information and unproven formulas and mathematical sequences and thus cannot be depended on to provide accurate investment advice. Before executing any trade, you should consult with a registered and licensed professional and/or conduct your own extensive due diligence utilizing multiple sources of information. SeasonWarez is NOT responsible if you do not heed this warning and make investment decisions based on information from SeasonWarez.
DisclaimersTHE PLATFORM, SERVICES, AND THE SCRIPTS, REPORTS, ANALYTICAL ENGINES, AND OTHER SeasonWarez TECHNOLOGY ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN SECTION 7 OF THIS AGREEMENT, SeasonWarez HAS NOT MADE, AND DOES NOT MAKE, ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, ACHIEVEMENT OF PARTICULAR RESULTS, OR WARRANTIES OF MERCHANTABILITY AND TITLE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SeasonWarez DOES NOT WARRANT THAT THE SERVICE WILL BE SUITABLE FOR YOUR NEEDS, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SeasonWarez CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL WORK ON ALL WEBSITES, AS SOME WEBSITES MAY NOT BE COMPATIBLE WITH THE SeasonWarez SERVICE. SeasonWarez IS NOT RESPONSIBLE FOR ISSUES RELATED TO BROWSER COMPATIBILITY. SeasonWarez IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU VIA THE SERVICE PROVIDED BY US. SeasonWarez SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY SeasonWarez. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO SeasonWarez SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. THE PLATFORM INCLUDES CERTAIN FEATURES THAT ARE DESIGNED TO ALERT YOU WHEN A SPECIFIC EVENT OCCURS. THESE ALERT FEATURES, INCLUDING "DYNAMIC PRICE ALERTS", ARE PROVIDED AS-IS AND WITHOUT WARRANTY OR GUARANTEE. ALERTS MAY BE DELAYED DUE TO TECHNICAL FACTORS. YOU SHOULD NOT DEPEND ENTIRELY ON SeasonWarez ALERTS. SeasonWarez EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE USE OF ANY ALERT FEATURES INSIDE OF THE PLATFORM. SeasonWarez IS NOT RESPONSIBLE FOR LOSSES DUE TO A TRADERS RELIANCE ON THE PLATFORM'S ALERTS, EVEN IF CUSTOMER USED THE FEATURE CORRECTLY OR IF ALERTS FAILED TO FUNCTION CORRECTLY. CUSTOMER UNDERSTANDS THAT THERE ARE A VARIETY OF REASONS WHY ALERTS MAY NOT FIRE CORRECTLY, INCLUDING ISSUES WITH CELLULAR NETWORKS, THIRD PARTY E-MAIL SERVICES, TECHNICAL ERRORS, SYSTEM MALFUNCTIONS, AND OTHER REASONS. THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM SeasonWarez, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION. SOME STATES DO NOT ALLOW SeasonWarez TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, ANY WARRANTY CLAIM MUST BE MADE WITHIN NINETY DAYS FROM THE PROVISON OF THE SERVICE WHICH GAVE RISE TO SUCH CLAIM. A FAILURE TO MAKE A WARRANTY CLAIM WITHIN SUCH PERIOD IS AN IRREVOCABLE WAIVER OF THE RIGHT TO BRING SUCH A CLAIM AT ANY TIME THEREAFTER. IN THE EVENT THE SeasonWarez WEBSITES CONTAIN LINKS TO THIRD-PARTY WEBSITES, YOU AGREE THAT SUCH THIRD-PARTY WEBSITES ARE NOT UNDER SeasonWarez’S CONTROL AND AS A RESULT (I) SeasonWarez IS NOT RESPONSIBLE FOR ANY ASPECT OF SUCH THIRD-PARTY WEBSITES, AND (II) YOU ACCESS SUCH THIRD-PARTY WEBSITES STRICTLY AT YOUR OWN RISK. SUCH LINKS ARE PROVIDED MERELY AS A CONVENIENCE TO YOU AND DO NOT INDICATE ANY ENDORSEMENT OR RECOMMENDATION BY US.
Limitation of LiabilityIN NO EVENT WILL SeasonWarez’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY SeasonWarez FROM YOU FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM SeasonWarez SHALL BE INTERPRETED TO INCLUDE SeasonWarez’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH SeasonWarez. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD SeasonWarez OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF SeasonWarez HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS SeasonWarez’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notices.Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you in our records. Please refer to our website, www.SeasonWarez.com, for contact information for most issues, including technical support and billing. Notices regarding these TOS and other SeasonWarez policies should be directed via postal mail ONLY to the following address:
email@example.com for address
Force Majeure.Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event more than ten days from the beginning of the event.
Choice of Law, Jurisdiction and Venue.The parties agree that all disputes shall be brought before U.S. District Court for Central Texas located in Austin, Travis County, Texas (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the appropriate Texas court, located in Travis County, Texas. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of these TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of these TOS shall be governed by the substantive law of the State of Texas, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
No Waiver.No waiver of rights under these TOS, or any SeasonWarez policy, or agreement between you and SeasonWarez, shall constitute a subsequent waiver of this or any other right under these TOS.
Assignment.These TOS may be assigned by SeasonWarez. They may not be assigned by you without SeasonWarez’s prior written consent. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties. Severability. In the event that any portion or provision of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, the parties agree that the provision will be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.
PERSONAL INFORMATION WE COLLECTWhen you visit the Site, we may log your username and password to track how many users. Nothing else collected unless with customer engangements.
HOW DO WE USE YOUR PERSONAL INFORMATION?We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We use contact information for the purpose of alerts within the system (example: text message based price alerts.)
DO NOT TRACKPlease note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTSIf you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTIONWhen you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
AGE RESTRICTIONThe Site is not intended for individuals under the age of 18.
CONTACT USFor more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org.
Copyright © 2021, by Alex Bleakie Ph.D. Founder of SeasonWarezIf you would like to make a link or bookmark to this page, the URL is:
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