1. ACCEPTANCE OF TERMS
Welcome to Pergamon Systems. May Labs, LLC and/or its affiliates (hereafter “Pergamon Systems”), provides a service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://pergamonsystems.com/terms-of-service
In addition, when using particular Pergamon Systems services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Pergamon Systems allows customers to search for and purchase trading signals, trading strategies, and information and analysis about this data. You also understand and agree that the Service may include advertisements and that these advertisements may be necessary for Pergamon Systems to provide the Service. You also understand and agree that the service may include certain communications from Pergamon Systems, such as service announcements and administrative messages, and that these communications are considered part of Pergamon Systems membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Pergamon Systems properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Pergamon Systems assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR OBLIGATIONSIn consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Subscription Form”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pergamon Systems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pergamon Systems has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pergamon Systems of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pergamon Systems cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Pergamon Systems, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE, NO RESALE OF SUBSCRIPTION
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. If you subscribe to a trading strategy, you agree not to forward, disseminate, or resell its contents without permission.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Pergamon Systems may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Pergamon Systems’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Pergamon Systems has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Pergamon Systems reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Pergamon Systems reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
Pergamon Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pergamon Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Pergamon Systems may, under certain circumstances and without prior notice, immediately terminate your Pergamon Systems account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity.
The Service may provide links to other World Wide Web sites or resources. Because Pergamon Systems has no control over such sites and resources, you acknowledge and agree that Pergamon Systems is not responsible for the availability of such external sites 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 sites or resources. You further acknowledge and agree that Pergamon Systems 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 site or resource.
13. PERGAMON SYSTEMS’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pergamon Systems, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the material published through the Service, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided by Pergamon Systems for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
|a.||YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERGAMON SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.|
|b.||PERGAMON SYSTEMS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.|
|c.||ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.|
|d.||NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERGAMON SYSTEMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.|
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERGAMON SYSTEMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERGAMON SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
17. SPECIAL ADMONITION FOR PEOPLE RELYING ON THE BUY/SELL TRADING SIGNALS OF OTHERS
The phrase “Let the investor beware” is important to remember. The Service is provided for informational purposes only, and no Content included in the Service is intended to be the sole or primary means of making decisions for trading or investing purposes. Pergamon Systems shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. CONSENT TO ELECTRONIC NOTIFICATION
By using this site, you agree to receive all legal and business notifications through email delivered to the email address for you which we have on record.
20. NO PERSONAL ADVICE
Pergamon Systems is not in the business of rendering personalized investment advice. Pergamon Systems can't know all the relevant facts about you and your individual needs, and cannot claim or represent that any particular Services are suitable for you. Accordingly, you agree that any recommendation or action taken by a Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you.
This Agreement is governed by the laws of the State of New York, without regard to principles of conflicts of laws. Subject to Section 24, any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in New York, and each party hereto hereby submits to the personal jurisdiction of such courts. This Agreement supersedes any and all prior agreements between the parties hereto and constitutes the entire agreement between User and Pergamon Systems, with respect to the subject matter hereof. The failure of Pergamon Systems to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. This Agreement may be modified, supplemented or otherwise amended at any time by Pergamon Systems in its discretion. User’s use of Pergamon Systems following notice of any such amendment shall constitute User’s acceptance of the amended Agreement. This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective administrators, legal representatives, successors, and permitted assigns. If any provision hereof is held by a court of competent jurisdiction to be contrary to law, void or otherwise unenforceable, such provision shall be enforced to the extent possible in order to effect the intention of the parties and the remainder of this Agreement shall remain in full force and effect. References to sections are to sections of this Agreement, unless otherwise indicated. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word “including” will be interpreted to mean “including, but not limited to,” unless otherwise indicated.