Terms of Service
The following terms and conditions govern your use of www.TrendVue.com, its products and services (the "Website"). Please read this entire Terms of Service document (the "Agreement") carefully before using the Website.
Upon acceptance of the Agreement, you will be able to create a free Member ID and password (the "Account"), and logon to access free online market commentary and select articles. You are not required to subscribe to any of our services, software, or purchase our educational materials.
We share your concern regarding Internet privacy and the protection of your personal information. We offer complete disclosure on what information is collected, stored, and how it is used. We do not share our mailing list with anyone under any circumstance.
SUBSCRIPTION POLICY
The Website provides both free and subscription-based independent insight, analytics and educational publications. We are not employed by, associated or affiliated with any brokerage, fund or public companies.
- MEMBER ID: Free online registration is available at any time, using our automated system.
- PAID SUBSCRIPTIONS: Once your TrendVue.com Member ID is validated, you will be able to sign up for our subscription-based services at any time.
- AUTOMATIC MONTHLY BILLING: All subscription charges for online services and charting software are billed monthly on a recurring basis through InternetSecure.com unless otherwise stated. One full month's billing occurs at the time of registration and on each monthly anniversary thereafter.
- REFUND POLICY: We do not issue refunds or credits against unused subscription time for our services or software. All sales of our products are final.
- CANCELLATION: Subscriptions may be cancelled at any time. Accounts are closed on the last day of the billing period in which cancellation notice has been received, or immediately upon request. No credit will be issued against unused subscription time.
- INDEPENDENT OPINION: Compensation for our work is from generated entirely by fees paid by subscribers.
- EDITORIAL POLICY: All content found at the Website is designed for sophisticated investors who are aware of the risks in securities trading, investments and market forecasting. The analysis provided is based on technical readings and all statements made represent the opinion of the Website. This information is used to formulate overall market strategy, that is, to construct "if, then" scenarios in order to plan possible courses of action. Past performance does not imply or guarantee profitable results in the future. Before making specific investments, further investigation is recommended. Although the information published by the Website has been derived from sources that are believed to be reliable, they are not always necessarily complete and cannot be guaranteed. Neither TrendVue.com nor any of its principals shall have any liability for any loss sustained by anyone who has relied on the information published.
- CONFLICT OF INTEREST: We may have positions in securities discussed from time to time, but we will never be on the opposite side of our stated analysis unless clearly specified.
IN GENERAL
Information provided by the Website is believed to be reliable when posted and is for informational purposes only. Every effort has been made to ensure that the material contained herein is accurate at the time of publication. The Website cannot guarantee its accuracy or completeness and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein. The material on this site, including any opinions expressed herein, are subject to change without notice. We do not represent that the securities, products, or services discussed in the Website are suitable or appropriate for all investors.
- YOU AGREE that the Website may terminate your Account at any time if it believes that you have violated or acted inconsistently with the letter or spirit of the Agreement.
- YOU AGREE that any termination of your access to our services under any provision of this Agreement may be effected without prior notice, and that your Account may be deactivated or deleted, including all related information and files in your Account.
- YOU AGREE that the Website shall not be liable to you or any third party for any termination of your access.
The Website reserves the right to modify from time to time, or discontinue, temporarily or permanently, any or all of its services with or without notice. The Website, in its sole discretion, may remove and discard any content for any reason, including, without limitation, for lack of use.
- YOU AGREE that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
Nothing herein should be read to constitute or be considered as an offer or solicitation by TrendVue.com, its principals, associates or affiliates as an offer to sell or a solicitation to buy securities to any person residing in the United States of America or in any other jurisdiction in which such an offer or solicitation is unlawful. The information is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject the Website to any registration requirement within such jurisdiction or country.
NO LIABILITY
The Website does not make any representations, warranties or guarantees, express or implied, regarding the accuracy or completeness of the information found on this Website.
- YOU AGREE that in no case shall the Website, nor any individual directly or indirectly involved with the Website, be responsible for any direct or incidental loss incurred as a result of your use of any information presented on the Website.
- YOU AGREE to bear all responsibility for your investment or trading research and decisions.
The information is issued by the Website with the express condition, to which everyone using it accepts, that no obligation, responsibility or liability shall be incurred by TrendVue.com, or any of its officers, directors, members, employees, agents, consultants or licensors. They shall not be liable to any person or entity for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in, omissions of or alterations to the information contained herein. The foregoing shall apply regardless of whether a claim arises in contract, tort, negligence, strict liability or otherwise. We are not responsible for any loss or damage whatsoever, whether incidental, special, indirect or consequential, in connection with, caused by or arising from any use of or reliance on the information contained herein.
All software made available for use by subscription through the Website is subject to the standard disclaimer. While our software consultants make every effort to deliver high quality products, we do not guarantee that their products are free from defects. Their software is provided "as is", and you download and use their software at your own risk.
- YOU AGREE that the Website and its software consultants make no warranties as to performance, merchantability, fitness for a particular purpose, or any other warranties whether expressed or implied.
- YOU AGREE that no oral or written communication from or information provided by the Website or its software consultants shall create a warranty.
- YOU AGREE that under no circumstances shall the Website or its software consultants be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use this software, even if the Website has been advised of the possibility of such damages.
These exclusions and limitations may not apply in all jurisdictions. You may have additional rights and some of these limitations may not apply to you.
PRIVACY POLICY
Upon creation of a new free Member ID, we send a message to the email address provided. It includes a link to click to confirm the new member registration, a validation process that prevents unauthorized addition of email addresses to our database.
- YOU AGREE to maintain the confidentiality of your Member ID and password.
- YOU AGREE to be fully responsible for all activities that occur in your Account.
- YOU AGREE to immediately notify us by email to support@TrendVue.com of any unauthorized use of your Account or any other breach of security.
TrendVue.com gathers only as much data as is required to support the functionality of the Website, and the information required varies depending on what type of Website user you are.
- UNREGISTERED USERS: The Website stores no personal information of users without a Member ID.
- REGISTERED USERS:: Upon registration, we collect the unique Member ID, the email address and the password chosen. Members with validated IDs provide their first and last name upon subscription to any of our monthly subscription services. We maintain the first name, last name, email address, and Website password (encrypted) in a secure database. This information is used to authenticate attempts to log on and ensure that each validated Member ID is permissioned to access the services selected by the user.
- CREDIT CARD INFORMATION: At no time will TrendVue.com store any personal financial information on its web server. Payments for all recurring subscription services, with the exception of TrendVue Swing Charts, are processed monthly by InternetSecure.com where credit card information is stored. Payments for the TrendVue Technical Trader's Handbook is processed by Amazon.com Payments as one-time transactions.
- EMAIL LIST: In consideration of and to facilitate the distribution of our free market commentary and free educational material programs, email addresses of individuals or entities that validated their Member IDs may receive electronic mail from TrendVue.com from time to time. We will not sell, rent, trade or make available this list to any third party, and will not solicit you to purchase, rent, or use any third party goods or services for which we receive an undisclosed commission, fee or reward. In fact, only Teresa Lo and Mike Watkins have access to this data, which we keep under lock and key, and we promise to never send you spam - EVER!
- WEBSITE STATISTICS: In addition to the forgoing, for statistical purposes, we tally which files/links/articles are being visited by all Website users.
NATURE OF SERVICES
Commentary and analysis published by this Website is provided as a general source of information in accordance with our investment and trading philosophy. Information found on the Website is not intended to replace or provide legal, accounting, investment or tax advice, and should not be relied upon in that regard.
- WE ARE NOT registered in any jurisdiction as a securities broker, dealer, investment advisor or CTA.
- WE DO NOT provide investment advice based on personal information each client submits through the Website.
- WE DO NOT provide trading advice based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of particular clients.
Our services are limited to those allowed by:
- the Investment Advisers Act of 1940 as a bona fide financial publication of general and regular circulation that is not primarily a vehicle for distributing investment advice; and,
- the Commodity Futures Trading Commission Rule 4.14(a)(9) as commodity trading advisors that provide standardized advice by means of media such as newsletters, prerecorded telephone newslines, Internet web sites, and non-customized computer software.
PERFORMANCE RECORD
Individuals or entities elsewhere on the Net that post promotional material designed to increase paid membership are subject to rigorous rules set out by regulatory bodies such as the SEC, NFA and CFTC.
- WE DO NOT post or keep a record of our trades for public scrutiny. Subscribers to The Bottom Line Strategy and the Real-Time Trading Group have full access to archives and unedited transcripts of our work and are free to compute statistics by themselves for their own use.
For example, NFA Compliance Rule 2-29 places certain limitations on the use of past or projected performance in communications with the public. CFTC Rules 4.41(b)(1), 4.35(a)(6)(i) and 4.35(a)(7)(i) govern certain performance presentations.
NO PROMOTIONAL OR INVESTOR RELATIONS ACTIVITIES
The Website and its principals do not play promotional roles, do not perform investor relations activities, and do not accept payment of any kind from public companies, their directors, officers, insiders and affliates, directly or indirectly, in connection with these two functions. Promotional role is defined as communicating with investment dealers, advisors and shareholders - both current and prospective - to increase awareness of and interest in a publicly traded company. Investor relations is defined as various services rendered, from the preparation of corporate brochures, to shareholder communications, to specific campaigns designed to increase trading activity in the shares of a company.
NO PAYMENT FOR ORDER FLOW
We are not associated or affiliated with any brokerage firm, and receive no compensation from any firm related to directing orders to any party whatsoever.
COPYRIGHT
Users of Website pages (the "Work") shall only be entitled to copy the Work for their own personal use but may not republish nor reproduce any substantial part of the Work in any manner whatsoever, including electronically reproducing the Work by "uploading," "downloading" or accessing the Work on to the Internet or any other local or international computer system, without the prior written permission of TrendVue.com. An acknowledgment of the source must be included whenever TrendVue.com material is copied or published.
- YOU AGREE not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Work.
If you require further information on a permitted use or license to reproduce or republish any material, address your inquiry to the Teresa Lo via email at support@TrendVue.com. Any infringement of TrendVue.com's rights will result in appropriate legal action. TrendVue.com disclaims any and all liability for any consequences which may result from any unauthorized reproduction or use of this Work whatsoever.
THIRD PARTY SERVICES
Some features provided by or used by the Website are in fact be provided by third parties that have their own terms of service and other such agreements. Usage of the real time voice/text chat room is subject to the PalTalk Terms of Service.
- YOU ACKNOWLEDGE that the Website is unable to, cannot and does not screen content posted at PalTalk.
Third parties and third party services may provide links to other websites or resources.
- YOU AGREE that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers found on third party services.
Some websites accessed by hypertext from TrendVue.com have been independently developed by unrelated parties. We do not guarantee the accuracy of information contained in such websites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through third party services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Because the Website has no control over such websites and resources, you acknowledge and agree that the Website is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that the Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
TrendVue.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT.
We will notifying all users with validated Member IDs via email upon modification of the Agreement or changes in operation that may affect or significantly alter the services currently offered by the Website. Please note that registered users cannot opt out of these particular email messages because they provide information critical to the use and operation of the Website.
UPON NOTIFICATION OF CHANGES TO THE AGREEMENT, YOU AGREE TO REVIEW IT IMMEDIATELY. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.