Terms of Service
General Conditions of Service
These Terms of Service of SellerySignals™ contain important information about Sellery Signals, LLC, an Indiana limited liability company (“SellerySignals™”)and the SellerySignals™ website (the “Website”) and governs the relationship between you (“You”) and SellerySignals™ as it relates to Your use of the Website and participation in the functionality available through the Website. The Terms of Service contain important information and disclosures about appropriate conduct on the Website and how SellerySignals™ may use information provided by You to SellerySignals™ through the Website or otherwise.
By using this Website, You signify your agreement to these Terms of Service. If You do not agree to these Terms of Service, You must not use this Website. SellerySignals™ may modify these Terms of Service at any time and without notice.
A subscription to SellerySignals™ is a license agreement, for use only under the terms of this license, unless a specific product or service of SellerySignals™ is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. SellerySignals™ reserves all rights not expressly granted to You. The product that is subject to this license is referred to in this license agreement as the “Licensed Technology.”
This license granted to You for the Licensed Technology by SellerySignals™ is a non-transferable, non-sub-licensable and non-exclusive license to use the Licensed Technology on a maximum of three (3) devices as defined by the number of two-factor authentication requests or the device IP addresses. Should You request more than (3) two-factor authentication requests within a customizable 90 day window defined by SellerySignals™, SellerySignals™ has the right to terminate your account effective immediately without notice to You.
Consent to Use of Data. You agree that SellerySignals™ may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Technology. SellerySignals™ may use this information to improve its products or to provide services or technologies to You. You agree and understand that You are solely responsible for maintaining the confidentiality of any password and/or username used to access any portion of the Website and the related services and that You are solely responsible for any activity which occurs on any portion of the service for which You have a password.
Termination. At Your discretion, You may discontinue participation in the Website, subject to the terms contained in Paragraph 7 herein. . Your rights under this license will terminate automatically without notice from SellerySignals™ if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Technology, and destroy all copies, full or partial, of the Licensed Technology.
Third Party Materials. The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Website, You acknowledge and agree that SellerySignals™ is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SellerySignals™ does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products or services of third parties. Neither SellerySignals™ nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock or investment information or location data displayed by the Website.
Proprietary Content. You agree that the Website contains proprietary content, information and material that is protected by applicable intellectual property laws, including but not limited to copyright, trademark and/or trade secret laws, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Website. You agree that nothing contained in these Terms of Service gives You any right to use any of the intellectual property available on the Website, including but limited to the copyrighted content, trademarks, servicemarks, logos and/or domain names. No portion of the Website may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of any kind based on the Website and You shall not exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SellerySignals™ is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Website. The Website and the information contained in the Website is copyright SellerySignals, LLC 2016. All rights reserved.
Billing and Fees.SellerySignals™ withholds the right to increase or decrease the cost of its services and use of the Website at any time without notification to You. You hereby grant SellerySignals™ the right to automatically charge Your credit card in advance on the first business day or thereafter of every month for its services and Website access for that calendar month. Charges will include the cost of the plan you've selected plus the cost of additional tickers and prorated user time of the technology You have accessed within a billing cycle. If You terminate your license of the Licensed Technology on any day other than the first day of a calendar month, You will not be entitled to any refund or credit for any amount paid for that calendar month.
Modifications.SellerySignals™ reserves the right to make modifications or changes to the Website and/or the Licensed Technology at any time, without notification to You.
U.S. Government End Users.The Licensed Technology and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law and Court Jurisdiction.These Terms of Service shall be governed by the laws of the State of Indiana, without regard to conflicts of law principles thereof. This is the case regardless of whether You reside or transact business with Sellery Signals™ anywhere else in the world. If any part of these Terms of Service are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hamilton County, in the State of Indiana to settle any dispute, which may arise in relation thereto.
Disclaimer; Limitation of Liability
Referencing Section 202(a)(11)(D) of the Investment Advisers Act: SellerySignals™ is not an Investment Advisor. SellerySignals™ has built mathematical algorithms to provide information which could be helpful to You in identifying Your most desired entry and exit points for the securities You have chosen to monitor. SellerySignals™ does not make any direct investment recommendations and has no opinion regarding the signals SellerySignals™ produces. Nothing contained herein nor in any portion of the content provided to You by SellerySignals ™ should
be construed as an offer or solicitation for the purchase or sale of any security. References to specific securities, investment programs and/or funds are for illustrative purposes only and are not intended to be, and should not be interpreted as recommendations to purchase or sell such securities.
The information received by You from SellerySignals™ through the Website is for Your own personal use. Investing involves a great deal of risk and You accept all risks associated with following any signal which may include complete loss of capital, without recourse to or liability of SellerySignals™. SellerySignals™ provides information designed to educate the general public. This information does not take into account all of the unique circumstances which affect an individual’s decisions and nothing in the services provided by SellerySignals™ should be deemed personalized advice that is tailored to Your needs. Historic statistics including rates of return are calculated using the weekly closing price and do not take into account the reinvestment of dividends, trading commissions or brokerage and advisory fees. Past performance does not guarantee or represent the potential of future returns. Nothing contained herein should be construed as a warranty of investment results. All risks, losses and costs associated with investing are Your responsibility, and You acknowledge and agree that You may not recover any losses or the amount invested from SellerySignals™. While SellerySignals™ attempts to ensure that the information on the Website is accurate and complete, SellerySignals™ is not responsible or liable in any way for any inaccuracy or omission in the information on the Website. The Website and the information contained on the Website is provided for Your use “AS IS” without any warranty (whether express or implied) of any kind.
The failure of SellerySignals™ to insist on strict compliance with the Terms of Service or any other course of conduct on its part will not be deemed a waiver of the rights of SellerySignals™ under the Terms of Service.
SellerySignals™ quantitative model calculates using data provided by Xignite®. Not all data is in real-time and therefore the signals provided by SellerySignals™ may not be in real-time. Data provider, Xignite does not adjust charts for splits or dividend distributions which may affect the signal. When in question it is advised to consult a secondary source such as Yahoo Finance to confirm whether a split or dividend has occurred on a particular security. The model of SellerySignals™ was specifically built to provide weekly tactical signals for the investor community. The signal is not considered an official signal until 5:01 PM Friday eastern standard time, OR one half-hour after the closing price is struck of the market in which securities You are monitoring are traded.
1Index/Security: SellerySignals™ withholds the right to change the security or index it tracks for the indices within its base package, Global Trends. The choice by SellerySignals™ of any security or index does not reflect the recommendation of SellerySignals™ that You invest in any specific security or index.
2Signal: SellerySignals™ provides arrows that reflect its quantitative model but not its opinion on any security. Other fundamental or technical metrics should be considered when evaluating the security in question. It is recommended You consult the advice of an investment professional before taking action.
3Momentum: SellerySignals™ uses this indicator to help You understand the week-to-week strength or power of the signal. It is meant to help forecast a potential signal change (yellow arrows), however, it may lag a signal change when a security moves sharply.
4Exposures: SellerySignals™ exposures are based on its quantitative model as a representation of confidence in the upward direction of the security being monitored and should not be used as portfolio allocation recommendations.