1.1 In consideration for monthly or annual service fees paid by You, during the Term of Your Subscription Service, Nforecast grants You a single non-transferable, non-sublicensable, non-exclusive, limited license to access and use the Software and to receive any data, information, and services serviced by the Subscription solely for your non-commercial and personal use. You may save any data outputted from the Software to your personal computers, mobile telephones, or other mobile communications devices, but you are limited to only one simultaneous login. Any portion or copy of the Software and any information, services, and data provided by the Subscription Service You access may only be accessed by You personally through Your personal user name and password. You must register a personal user name and password for Your exclusive use. You agree to provide accurate, true, current and complete information about Yourself. You are responsible for ensuring that Your account information are kept confidential and only used by You. You will be responsible for all activity or omissions of any person using the Software or Subscription Services through Your account, and all transmissions or transactions generated by use of your account shall be deemed to have been authorized by You.
1.2 n addition to the other terms and conditions of this Agreement, You shall NOT:
A.Perform, display, or publish the Software or any data or information provided by the Subscription Service, or any portion thereof, including results of the Software, either publicly or to a third party, without prior written permission from Nforecast;
B.Use, copy, modify or transfer the Software or any data or information provided by the Subscription Service, in whole or in part, including screenshots without crediting Nforecast.com on the image and prior express written permission from Nforecast;
C.Use the data, information, or Software provided by the Subscription Service simultaneously on more than one station in any interactive, network, cable, or wireless of single user computers;
D.Reverse engineer, disassemble, decompile, derive, manipulate or otherwise attempt to interfere with the the Software code;
E.Lend, sell, rent, provide, or lease the Software, or any data or information provided by the Subscription Service, to or from another third party;
F.Use the Software or Subscription Service for non-personal, commercial purposes;
G.Perform, display or publish any results of the Software, or on any data or information provided by Subscription Service, either to a third party or publicly, without crediting Nforecast and express written permission from Nforecast;
H.Alter, replace, obscure, or remove any copyrights, trademarks or other intellectual property notices on or associated with Nforecast websites, the Software, the Subscription Service;
I.Use or mention of Nforecast name, or any trademarks of Nforecast, or any images or copyrights or other materials or property of Nforecast, in any commercial or non-personal printed or digital matter, marketing, advertising materials, publications, or documents, in any medium or format, without the express prior written permission of Nforecast. Any such unauthorized uses by You of the Nforecast name, or any trademarks of Nforecast, or copyrights or any images or other materials or property of Nforecast, are assigned by You to Nforecast, along with all rights, goodwill, title, and interests related;
J.Directly, indirectly, or imply, that Nforecast endorses, associates, certifies, is related to, is affiliated with, is connected with, sponsors, provides, or approves any of Your conduct or products, services, content, websites, or in any capacity, even if in connection with the Subscription Service, without prior written permission of Nforecast.
1.3 In addition to the other terms and conditions of this Agreement, You shall comply with all applicable worldwide rules, codes, laws and regulations related to the Subscription Service, and related but not limited to trading, securities, investing, and otherwise, including any reporting requirements to all applicable regulatory agencies, authorities, and governments worldwide.
2.1 This Agreement shall commence upon registration, or use of the Subscription Service or Software by You, whether the Software is provided as any other form. Your use of any form, part, or portion of the Subscription Service or Software, whether temporary or not, is considered acceptance of this Agreement in its entirety.
2.2 Nforecast reserves the right to increase the monthly and annual subscription fees from time to time and without notice, and to apply additional new subscription fees at the time of renewal of Your annual or monthly Subscription Service.
2.3 Your subscription and service will continue until canceled or terminated. UNLESS YOU NOTIFY US TO CANCEL, OR NFORECAST DECIDES TO CANCEL. THE SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW THE SUBSCRIPTION SERVICE ON A PERIODIC BASIS; INCLUDING ANY ANNUAL OR MONTHLY SUBSCRIPTIONS, AS LONG AS WE CONTINUE TO PROVIDE THE SUBSCRIPTION SERVICE.
2.4 You have the ability to cancel the Subscription Service at any time after the subscription has been active for at least 24 hours, at-will. Nforecast has the ability to cancel Your Subscription Service at any time, at will. Nforecast can cancel the Subscription Service without notice to You. Upon termination by either You or Nforecast, Nforecast will cancel any monthly or annual subscription You may have on the date of expiration of the current monthly period. If You are a monthly subscriber, no refunds will be given or receive a prorated refund for the unused portion of the annual Subscription Service, based on the date or termination, with the exception of breaching this Agreement. If You are an annual subscriber, You may receive a prorated refund for the unused portion of the annual Subscription Service, based on the date or termination, with the exception of breaching this Agreement. If You are a monthly or annual subscriber and cancel the Subscription Service, a service charge may be applied to the refund. This Agreement shall survive the termination or expiration of Your subscription and this Agreement.
2.5 IF YOU FAIL TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT OR TRANSFER POSSESSION OF ANY COPY OR MODIFICATION OF THE SOFTWARE TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
NFORECAST WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSES OR DAMAGES (INCLUDING WITHOUT LIMITATION, EXEMPLARY, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES) OR LIABILITY THAT ARISES FROM THE USE OF SOFTWARE, NFORECAST WEBSITE, SUBSCRIPTIONS SERVICES, OR NFORECAST'S SERVICES AND ITS PRODUCTS. NFORECAST LLC OR ITS EMPLOYEES OR ITS AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE TYPE OF ACTION, AND IF NFORECAST LLC HAS BEEN MADE AWARE OF POSSIBLE DAMAGES, LOSS OF PROFIT OR TRADING LOSSES, GOODWILL, DATA, OR FOR OTHER INTANGIBLE LOSSES, OR EXEMPLARY, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES, RESULTING FROM (i) ACCURACY OF DATA RELATED TO THE SUBSCRIPTION SERVICE OR SOFTWARE; (ii) ANY TRADING OR INVESTMENT ADVICE PROVIDED BY NFORECAST AND NFORECAST EMPLOYEES; (iii) OR ANY OTHER CLAIM BY YOU OR ANOTHER THIRD PARTY RELATED TO THE SOFTWARE, SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES. YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SOFTWARE AND SUBSCRIPTION SERVICE OR ON ANY OTHER RELATED PRODUCTS OR SERVICES. YOU OBTAIN THE RESPONSIBILITY TO DETERMINE THAT THE SOFTWARE AND SUBSCRIPTION SERVICE SUFFICIENTLY MEET YOUR REQUIREMENTS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST NFORECAST LLC FOR BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE, RELATED TO THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES.
IN NO INSTANCE SHALL NFORECAST LLC LIABILITY UNDER THIS AGREEMENT, IF ANY, EXCEED THE SUBSCRIPTION SERVICE FEE PAID BY YOU FOR THE SPECIFIC SUBSCRIPTION TERM IN WHICH THE ALLEGED EVENT CREATING LIABILITY AROSE.
3.1 ALL SOFTWARE, INFORMATION, SUBSCRIPTION SERVICE, REPORTS, AND CONTENTS PROVIDED BY NFORECAST LLC ARE MEANT FOR INFORMATIONAL, ENTERTAINMENT, AND/OR EDUCATIONAL PURPOSES ONLY AND ALLOW YOU TO EVALUATE AND TO MAKE INDEPENDENT DECISIONS RELATED TO, INVESTMENT STRATEGIES. YOU AGREE THAT THE NFORECAST LLC, IN PROVIDING THE SOFTWARE AND SUBSCRIPTION SERVICE, HAS NOT ACTED AND IS NOT ACTING AS YOUR FIDUCIARY OR PROVIDED ADVICE RESPECTING PARTICULAR INVESTMENT DECISIONS, AND THAT THE SOFTWARE, SUBSCRIPTION SERVICE, AND NFORECAST WEBSITE SHALL NOT SERVE AS THE PRIMARY BASIS FOR ANY INVESTMENT DECISIONS MADE BY YOU. NOTHING ON NFORECAST’S SOFTWARE, OR IN ITS WEBSITE OR ITS SUBSCRIPTION SERVICE, IS AN ADVICE, RECOMMENDATION, SOLICITATION, OR INDICATION TO BUY, SELL OR HOLD STOCKS, BONDS, SECURITIES, FUTURES, COMMODITIES, CURRENCIES, CRYPTOCURRENCY, OR OTHER INVESTMENTS OR FINANCIAL INSTRUMENTS. YOU SHOULD NOT CONSTRUE ANY DATA OR INFORMATION PRESENTED BY NFORECAST LLC AS INVESTMENT, TAX, LEGAL, FINANCIAL OR OTHER ADVICE.
3.2 NFORECAST LLC REPRESENTATIVES, EMPLOYEES, AND AGENTS ARE NOT AUTHORIZED, TRAINED OR PERMITTED TO PROVIDE INVESTMENT OR TRADING ADVICE. NFORECAST LLC IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN AS A RESULT OF ANY INVESTMENT OR TRADING INFORMATION OR ADVICE PROVIDED BY A NFORECAST REPRESENTATIVE OR EMPLOYEE OR AGENT AS A RESULT OF COMMUNICATIONS FROM OR TO YOU THROUGH VIDEO, EMAIL OR OTHERWISE, AND SUCH INFORMATION OR ADVICE RECEIVED BY YOU SHOULD NOT BE RELIED UPON OR ACT UPON OR CONSIDERED ACCURATE FOR ANY REASON.
3.3 YOU AGREE THAT THERE ARE RISKS INVOLVED IN APPLYING STOCK INVESTMENTS AND INVESTMENT STRATEGIES. YOU AGREE THAT PAST RESULTS ARE NOT INDICATIVE OF FUTURE RESULTS AND FUTURE RESULTS MAY NOT BE PROFITABLE OR THE SAME AS PAST PERFORMANCE WHETHER INDICATED, REAL OR IMPLIED. YOU ACKNOWLEDGE THE EXTREME RISK INVOLVED FINANCIALLY THROUGH USE OF SUBSCRIPTION SERVICE OR THE SOFTWARE, AND YOU ACCEPT ALL THE FINANCIAL CONSEQUENCES THAT RESULTS FROM THE USE OF SUBSCRIPTION SERVICE AND SOFTWARE. YOU ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE PROVIDED SUBSCRIPTION SERVICES, SOFTWARE, INFORMATION, PRODUCTS OR SERVICES PRESENTED BY NFORECAST. NFORECAST LLC AND ITS EMPLOYEES, ARE NOT RESPONSIBLE FOR ANY LOSSES YOU MAY EXPERIENCE AND YOU AGREE NOT TO HOLD NFORECAST RESPONSIBLE OR LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON SUBSCRIPTION SERVICE, SOFTWARE, DATA OR INFORMATION PRESENTED TO YOU BY NFORECAST, EVEN IF WE ARE SOLELY NEGLIGENT.
You agree to indemnify and hold NFORECAST LLC harmless from and against any third party claims, all liabilities, assessments, damages, costs or losses resulting from instances in which are awarded or paid in settlement to such third party, as well as the expenses of any legal proceedings related to third party claims that relate to (i) your use of the Software, including where the Software contributed to or caused the alleged damage, costs, or losses; (ii) editing or modification of the Software other than by NFORECAST; or (iii) your violation of laws and regulations related to use of the Software and Subscription Service, including, without limitation, any export, futures and securities laws and regulations.
Any dispute or claim raised by You arising out of or relating to this Agreement or the subject matter hereof will be submitted only to binding arbitration on a confidential basis, conducted strictly in accordance with the terms of this Agreement and the law of the State of Florida. The arbitration venue and all related hearings will be in Ft. Lauderdale, Florida. The parties agree that the arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association. Unless You and Nforecast LLC agree in the appointment of a single arbitrator, the matter of difference shall be referred to three (3) arbitrators appointed to hear the case pursuant to the procedures set forth in the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators must base their decision with respect to the difference before them on the contents of this Agreement, and the decision of any two of the three arbitrators shall be binding on both You and Nforecast LLC. Judgment upon the award rendered by the arbitrator(s) may be entered and enforced in any court of competent jurisdiction. Neither You or Nforecast LLC will be precluded hereby from seeking equitable provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders and preliminary injunctions, but such equitable remedies will not and may not be sought to avoid or stay arbitration. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO FILE A LAWSUIT AGAINST NFORECAST LLC IN A COURT OF LAW. ANY DISPUTE OR CLAIM RAISED BY NFORECAST LLC HOWEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL AT NFORECAST’S SOLE CHOICE AND DISCRETION, OR FILED AS A LAWSUIT IN THE APPROPRIATE FEDERAL OR STATE COURT. YOU HEREBY AGREE TO THIS DIFFERENCE IN THE AVAILABILITY OF AND FORUM FOR RELIEF FOR DISPUTED CLAIMS BETWEEN YOURSELF AND NFORECAST LLC, AS SET FORTH IN THIS SECTION. YOU FURTHER AGREE NOT TO PURSUE OR BE THE PLAINTIFF OR REPRESENTATIVE IN ANY CLASS ACTION CASES OR LITIGATIONS AGAINST NFORECAST LLC ANYWHERE WORLDWIDE, RELATED TO THE SUBSCRIPTION SERVICE, OR TO ANY NFORECAST LLC CONDUCT, PRODUCTS OR SERVICES. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO BE INVOLVED IN ANY CLASS ACTION AGAINST NFORECAST LLC. NOTWITHSTANDING THE FOREGOING, YOU HAVE THIRTY (30) DAYS TO OPT OUT OF ANY SPECIFIC TERM OR PROVISION OF THIS SECTION WITH WHICH YOU DISAGREE, DO NOT ACCEPT, OR WISH TO REJECT, ALTER, AMEND, OR FURTHER NEGOTIATE. TO OPT OUT FROM THE REQUIREMENTS OF THIS SECTION, AND FROM ACCEPTING THIS SECTION, PLEASE CONTACT NFORECAST AT SUPPORT@NFORECAST.COM. WHEN OPTING OUT FROM THIS SECTION, PLEASE INDICATE YOUR NAME, ACCOUNT DETAILS, AND SPECIFY WHETHER YOU ARE OPTING OUT FROM ALL OR ONLY A PORTION OF THIS SECTION, AND IF ONLY A PORTION, PLEASE IDENTIFY AND SPECIFICITY THE PORTION FROM WHICH YOU ARE OPTING OUT OF.
5.1 This Agreement shall be governed in all respects by the substantive laws of the State of Florida and federal law causes of action, but excluding the Florida’s choice of law provisions. Any arbitration or provisional equitable action commenced by arbitration, equitable, other legal action, or You in a court of law commenced by Nforecast LLC, arising out of or relating to this Agreement, shall be commenced in or as close as possible to Ft.Lauderdale, Florida. In any action commenced by Nforecast in a court of law You irrevocably hereby submit and consent to and agree not to contest, object to, or challenge, the personal jurisdiction over You, by any court in Ft.Lauderdale, Florida, in which such action is filed, as well as to the venue of such court, and you hereby waive any and all challenges, objections, or defenses related to personal jurisdiction and venue. NO ACTION, REGARDLESS OF FORM, RELATING IN ANY MANNER TO THE SUBSCRIPTION SERVICE, THE SOFTWARE, THE WEBSITE OR OTHERWISE TO THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN TWELVE MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED. FOR PURPOSES OF THIS SECTION, A CAUSE OF ACTION IS DEEMED TO HAVE ACCRUED WHEN YOU KNEW OR REASONABLY SHOULD HAVE KNOWN ABOUT THE BREACH OR CLAIMED BREACH.
5.2 You hereby agree that Agreement and all terms and conditions are enforceable and are not unconscionable and not in violation of public policy. You agree that the Agreement is not a contract of adhesion and that You had the power and control to alter, negotiate, and reject the terms and conditions herein. In the event any specific sentences, provisions, portions of this Agreement are held by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, the remaining sentences, portions and provisions of this Agreement will remain binding and in full force and effect. No employee or representative of Nforecast has any authority to vary, contradict or waive any of the terms of this Agreement.
5.4 NFORECAST MAY UPDATE, AMEND, AND REVISE THIS AGREEMENT AT ANY TIME, EFFECTIVE UPON YOUR CONSENT BY SELECTION OF “I AGREE” WHEN PRESENTED WITH AN UPDATED, MODIFIED, OR REVISED VERSION OF THIS AGREEMENT. This Agreement, including any future revisions, is the entire agreement and understanding between You and Nforecast with respect to the subject matter of this Agreement and rules over all prior agreements, negotiations, epresentations, inducements, and understandings between, by and among You and Nforecast, whether written or oral, all of which are merged into this Agreement. Nforecast disclaims all representations other than those expressly found in this Agreement. You agree You are not relying on or accepting any representations, inducements, coercions, or representations by Nforecast, relating to the subject matter, made outside of this Agreement, nor any outside of this Agreement upon which to rely on.
IF YOU DO NOT AGREE WITH OR UNDERSTAND ANY OF THESE TERMS OR CONDITIONS, INCLUDING THE OPT OUT PROVISIONS, DO NOT EXECUTE THIS AGREEMENT AND DO NOT USE, OR OTHERWISE ACCESS THE SUBSCRIPTION SERVICE, THE SOFTWARE, OR ANY NFORECAST WEBSITES, OR ITS RELATED PRODUCTS OR SERVICES.
Date Revised: 10/05/2019