INDICATORLICENSE.COM
TERMS OF SERVICE
Payment Policy:
As consideration for the products we provide to you, you agree to pay INDICATORLICENSE.COM and owners & IndicatorLicense.com
Sites the applicable fees and other costs set forth at the time you purchase from INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites.
Specials and limited time offers have different fees and costs and may have other terms and conditions.
BILLING POLICY
Automatic Renewal
Indicator License has made it easier than ever to keep your subscription active by implementing an automatic renewal feature to all of our subscriptions. This means you will never be without your subscription services so long as your payment is successfully processed, they will simply renew periodically depending on what subscription length you choose. When ordering, select the subscription length that is most suitable for you and we will automatically renew it, charging the credit card that you use for your purchase, each time it runs out.
You may make changes to your account (including which credit card is used) at any
time. We can be reached at 817-734-9731 or by emailing us at support[at]indicatorlicense.com
Cancellation Policy
THERE IS A 14 DAY FREE TRIAL PERIOD AFTER THIS PERIOD ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART
*Note: if you subscribe at the normal monthly subscription rate, you may cancel at any time before your next billing cycle. If you subscribe to a longer term subscription using the Flex Pay
option, you will be bound to that subscription term but may cancel the next term so long as it is before your next billing cycle as your current active billing term is non-refundable after the 14 day trial period.
The service is made available to you. The amount you use it or do not use it does not alleviate your responsibility for your payment as it is our responsibility to provide accessibility to the service and as that has been fulfilled upon you being provide login access then we have fulfilled such obligation. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you agree that the product for which such fee has not been paid may be suspended, canceled or terminated, in INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ sole discretion, and you remain responsible for the full payment of the fee and any additional amounts owed by you. Any attempt to chargeback shall result in all collection fees, chargeback fees, subscription fees, and any legal fees being due to company by you of which you agree without dispute that you are wholly liable for such fees or expenses.
Cost Of Services
Prior to your purchase of a product, we may change fees and costs, at any time, for any reason, at our sole discretion, without prior notice to a non-subscribing customer. However, any future change in product pricing shall be provided with a notice of no less than 15 days previous to the end of a billing term on renewing products for all subscribing members.
Services that are NO billed on a subscription basis that are a one time charge shall have no notice requirement of notice in advance of charge. However, charges that are on a monthly or annual subscription basis shall have to have notice as set forth above.
All fees and costs are due at the time you purchase. You agree to pay all value added, sales and other taxes. All payments must be made in U.S. dollars. Payments made in other currencies shall be converted at the fx rate at that time used by the merchants payment processor.
Mutual Non-Disclosure Agreement For Programs, EA’s, Indicators, Strategies, Scanners, and Bar Types
Business Purpose means discussions relating to subscribers methodologies.
Group means each contracting party, and to the extent they are involved in the Business Purpose, its holding companies, subsidiaries of such holding companies from time to time and their
respective advisers, agents, and representatives. Information means programs, EA’s, Indicators,
Strategies, Scanners, and Bar Types for use on platforms which is not excluded under caluse 4 below, which is disclosed by one part to this Agreement (the Disclosing Party) or any member of its Group to the other party (the Receiving Party) or any member of its Group or otherwise come to its attention during the parties’ involvement in the Business Purpose. Information includes information relating to the involvement of either party’s Group in the Business purpose.
1. The receiving party agrees:
(a) to hold the information in confidence and not, without the Disclosing Party’s prior written consent, to disclose any part of it, to any person other than those directly concerned with the Business Purpose and whose knowledge of such Information is essential for such purposes. The Receiving Party will attempt to ensure that those persons comply with the obligations imposed on the receiving party under this Agreement.
(b) not, without the Disclosing Party’s prior written consent, to use the information for any purpose other than the Business Purpose.
(c) to delete from any device containing any information and/or return to the Disclosing party upon demand, the Information except for one copy of such Information as is required to be retained by law, regulation, professional standards or reasonable business practice by a member of the Receiving Party’s Group;
and
(d) to use reasonable endeavors to provide the Disclosing Party with prompt notice if any member of the Receiving Party’s Group becomes legally compelled to disclose any of the Information, so that the Disclosing Party may seek a protective order or other appropriate remedy. If such order or remedy is not available in time, the obligation of confidentiality shall be waived to the extent necessary to comply with the law.
2. The Receiving Party agrees that no right or license is granted to the Receiving Party’s Group in relation to any part of the Disclosing Party’s information.
3. Neither party nor any member of its respective Group warrants the accuracy or completeness of the Information. Accordingly, neither party’s Group shall have any liability the other
resulting from the use of the Information, save in respect of liability arising from fraudulent misrepresentation.
4. Clause 1 does not apply to information which:
(a) at the time of disclosure is, or subsequently through no fault of the Receiving Party’s Group becomes, generally available to the public:
(b) becomes rightfully known to the Receiving Party’s Group through a third party with no obligation of confidentiality;
(c) the Receiving Party is able to prove was lawfully in the possession of the Receiving Partry’s Group prior to such disclosure; or
(d) is independently developed by the Receiving Party’s
Group
5. The obligations of this Agreement shall be binding on both parties for so long as the information retains commercial value.
Each of the parties acknowledges that a person with rights under this Agreement may be irreparably harmed by any breach of its terms and that financial remedies along may not be adequate.
Accordingly, a person bringing a claim under this agreement may be entitled to an injunctive or other equitable relief for any threatened or actual breach of its terms.
Members of this parties’ respective Group shall have the right to enforce the terms of this Agreement
This Agreement is made by the Receiving party on its own behalf and as agent for each member of its Group.
This Agreement will be deemed to have been executed in the State of Texas and will be governed by and construed in accordance with the laws of the State of Texas. We both consent to the jurisdiction of the courts of the State of Texas or the United States District Court in Tarrant County for the purpose of any action or proceeding brought by either of us in connection with this Agreement.
INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites accepts Paypal, Echeck, American Express, Discover/Novus, MasterCard and Visa via paypal or other merchant processors as made available. We also accept debit cards, personal checks, money orders, cashier checks and wire transfers. Non-online credit card payments may delay activation of service until payment has cleared. The personal check, cashier’s check or money order must be payable to INDICATORLICENSE.COM and owners. Please contact us for payment address information.
INDICATORLICENSE.COM and owners & IndicatorLicense.com sites may requires the credit, debit, or check card security code for your card for any telephone, on-location or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).
Sharing Of Account Restricted
You may not share your user account login or password unless they are a direct owner or employee of your company as evidenced by payroll statements. This service may not under any circumstances be shared with other vendors.
Security
To access some of the INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’s products, we require that you provide us with information about you. If you believe that your username and password are no longer secure, immediately update your password and immediately notify our customer service department by email or telephone. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PRODUCT PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Information that we collect from you, such as registration and credit card information, is subject to our privacy policy.
PRIVACY POLICY
This policy covers INDICATORLICENSE.COM and owners’ use of personal information that it collects when you use any website associated with INDICATORLICENSE.COM and owners or its affiliated sites. From time to time, you will be asked to submit identifying information about yourself or clients (e.g. name and email address) in order to receive or use our licensing server and tools. By entering your details in the fields requested, you enable INDICATORLICENSE.COM and owners. and its service providers or contractors to provide you and people you submit information for with the products you select or that may be offered in the future. Whenever you provide personal information for you and or your subscribers, we will treat that information in accordance with this policy and you agree that such information shall belong to INDICATORLICENSE.COM and owners solely to allow them to carry forward in their business practices. When using your personal information INDICATORLICENSE.COM and owners has the right to use the information to directly and/or indirectly contact through the information provided to provide or market services. We will act in accordance with current legislation and aim to meet current best practices.
Any information you provide to INDICATORLICENSE.COM and owners. Will only be used within INDICATORLICENSE.COM and owners. and by its agents and or service providers. Your information also will be disclosed, however, when required by law or we believe in good faith that such action is necessary in order to comply with the law or legal process. During any visit to all associated websites or its affiliated sites, the pages you see, along with a short text file called a ‘cookie’, are downloaded to your computer.
Proper Use
INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products are owned and operated by INDICATORLICENSE.COM and owners. Products and/or Services include all services, materials, information, and content delivered to a subscriber through direct communication, electronic or printed media. INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products are intended for use solely by the individual that has subscribed or purchased products directly from INDICATORLICENSE.COM and owners. For the purpose of this agreement INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites and INDICATORLICENSE.COM and owners shall be used interchangeably and shall be in reference to the entity INDICATORLICENSE.COM and owners.
Subscriber may not allow another person to use subscriber’s username and password to obtain access to INDICATORLICENSE.COM and owners products or services for any reason including but not limited to time-share. Subscriber’s rights to use our services or products are limited exclusively to your personal use and may not be resold or shared for free or for profit with anyone.
Intellectual Property Rights
Apex Investing, the INDICATORLICENSE.COM and owners & all software, concepts, features, and other trademarks used with INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites products, including the all associated websites website and all sites operated by INDICATORLICENSE.COM and owners, are owned by INDICATORLICENSE.COM and owners. You may not use or reproduce such trademarks without written permission from INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites. All code, images, content, and media of all types on all sites may not be used for any purpose other than the subscriber’s direct viewing. all associated websites and other websites owned by INDICATORLICENSE.COM and owners, including the look and feel of such sites. We reserve all rights and remedies available to us and nothing in this agreement is intended to limit our rights and remedies.
Subscriber agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any material, services, or access to services and understands that INDICATORLICENSE.COM and owners shall bring litigation upon subscriber/customer for any violation of the policies within this agreement and disclaimer and subscriber/customer shall be responsible for all attorney, legal, marketing, public relation, lost profit, travel, damages, and other expense related to such violation. Violation shall place subscriber liable for every infringement on past and future profits lost and every other legal means available to stop, limit, and ensure cost are recovered and losses are limited. If successive logins are taking place from multiple IP addresses on subscriber account then subscribers account may be suspended and cancelled without refund and subscriber agrees that they shall forfeit any right to a refund and any attempt to chargeback shall result in all collection fees, chargeback fees, subscription fees, and any legal fees being due to company.
Termination
Each of us can terminate our relationship with the other by discontinuing business with the other.
For example, we may discontinue your access to INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products in the event you are violating the Terms of Use. However, our rights and remedies under these Terms of Use, including our intellectual property rights, indemnification and limitation of liability, and any other agreement will continue to apply and survive the termination of the relationship. Upon termination, we may disable your access to some or all INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products
or services, including if you have violated these Terms of Use. Upon termination, you will not have access to INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites websites. Termination shall not relieve subscriber from responsibility of their current billing term for which they have made payment.
Miscellaneous
These Terms of Use and any other agreement between INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites and you is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Federal court Tarrant County, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objection to such courts. If any provision of our agreements is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any other agreements are not assignable, transferable or sub-licensable by you.
If INDICATORLICENSE.COM and owners. takes any action to enforce the Terms of Use or any other agreement with you, without limiting any of its other legal or equitable rights and remedies, you shall pay the costs incurred by it in connection with such action, including reasonable attorneys’ fees.
Technology Costs
Many INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products are accessible through the Internet and require that you have a computer and modem or comparable access lines. In addition, text messaging may apply and you will be liable for such cost from your phone provider. You acknowledge and agree that, to the extent necessary for you to access products which are made available through the Internet, it is your responsibility to provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; to provide all commercially available standard software necessary to connect with our products; provide for your own connection to the Internet; and pay any costs and fees associated with your equipment, software and connections to the Internet. In addition, data fees may apply for live market data to make product accessible. You may also have to pay transactional cost and platform fees. You understand you are responsible for such fees and those fees may be in addition to any fees you pay to Apex These fees are not paid to Apex therefore we are in no way responsible for the fees or the deliverability of these data services or platforms. Certain data fee or other data providers may have difficulties delivering data so you may have to choose an alternative data provider or broker to use the software and this may have additional cost for you. You acknowledge you understand any such fees and that you are responsible for them and they may be a requirement for you to use the services. You may need a programmer to help you with importing or exporting a database or with customizing or updating your indicators, scanners, EA’s, strategies, chart types, templates, etc…You inability or desire to purchase or access such services through your preferred method shall not be cause for any refund or amount due to you if such event is to occur.
Links and Advertising
Success and results described in testimonials or other statements may not be representative of other subscribers’ experiences and in no way can they represent all subscriber’s experiences. There are no assurances you are in any way going to increase the probability of your trading profits with our educational services as all results will vary and all investment decisions should first be ran through a licensed financial advisor before any investment decisions are made. INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites and its Affiliates may accept advertising and promotional payments from third parties whose advertisement appear on INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ websites and in its products. INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites may receive
advertising payments from such advertisers some broker-dealers (i.e., brokerage firms) for distributing the brokerage firms’ advertisements and promoting firms during INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites presentations. INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites makes no representations about any other website which you may access by way of a link or reference in
person or via electronic communication. We may compensate instructors, affiliates, website owners, and other forms of advertising from sales made by subscriptions, sold products and live classes.
While using any INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ product, you agree not to:
Express or imply that any statements you make are endorsed by us;
Engage in spamming or flooding;
Restrict or inhibit any other subscriber from using any INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ product, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any all associated websites websites and servers;
Use any INDICATORLICENSE.COM and owners & IndicatorLicense.com Site product for any unlawful purpose;
Transmit (a) any content or information that is pirated, protected under copyright, unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b)
any material, non-public information about companies; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly
permitted by us); Transmit any software or other materials that contain any virus, worm,
time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any all associated websites websites or to otherwise violate any of our rights relating to our ownership and provision of our website or other INDICATORLICENSE.COM and owners &
IndicatorLicense.com Sites’ products;
Remove any copyright, trademark, or other proprietary rights notices contained in a all associated websites web sites;
“Frame” or “mirror” any part of all associated websites websites;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ product or its contents;
Harvest or collect information about visitors to or members of all associated websites; or
Permit anyone without an account or subscription to use any INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ product through your subscription, user name or password.
While using INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products you agree to comply with all applicable laws, rules and regulations.
SERVICE AS IS:
INDICATORLICENSE.COM and owners. AND ITS AFFILIATES PROVIDE THE
MATERIALS AVAILABLE AT all associated websites AND OTHER INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCTS,
“AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDICATORLICENSE.COM and owners. AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT OR SERVICES. DICATORLICENSE.COM and owners. AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OR YOUR SUBSCRIBER USE OF ANY INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. For international users outside the United States you understand you are responsible for compliance with the laws of your local jurisdiction regarding import or export regulations regarding any service or site operated by INDICATORLICENSE.COM and owners. It is prohibited to access any of INDICATORLICENSE.COM and owners websites content or services if it is in violation of any local laws of the user. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF INDICATORLICENSE.COM and owners., ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
NEITHER INDICATORLICENSE.COM and owners. NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCTS IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT—INCLUDING, WITHOUT LIMITATION—NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL MOUNT PAID BY YOU, IF ANY, FOR THE INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
This agreement supersedes any agreement oral or written before, during, or after subscription term. In addition, you agree to indemnify, defend and hold INDICATORLICENSE.COM and owners., its Affiliates and their respective officers, directors, employees and agents 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 these Terms of Use or other terms applicable to your use of INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites’ products; (b) any allegation that any materials that you submit to us or transmit to us 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 any INDICATORLICENSE.COM and owners & IndicatorLicense.com Sites product.
IndicatorLicense/IndicatorLicense.com is a division of Insight Investors LLC
DISCLOSURES
You should review the information on these pages from time to time as it may be updated as needed. Continued use of service or access to site or services shall mean agreement to current terms and conditions as outlined herein.
Dated: 8-17-2012