Proper Use
BetterTrades’ products are owned and operated by Long Term – Short Term, Inc. in conjunction with others pursuant to contractual arrangements. BetterTrades’ products are intended for use solely by the individual that accesses our website or, in the case of BetterTrades products offered for sale, by the individual that has purchased the product. You may access and use the materials provided in BetterTrades’ products, and download and/or print out a copy of the materials, solely for your personal use. You may not allow another person to use your access codes and you may not allow or facilitate multiple users using the same access code to obtain BetterTrades’ products.
BetterTrades’ products include the information provided on this website, written materials that you may receive from us, and courses and presentations obtained from us, whether in-person or through electronic access (through the website or, for example, on DVD). You are granted a limited, non-exclusive, personal, non-assignable and non-transferable license to use BetterTrades’ products in exchange for you agreement to these Terms of Use and other applicable terms provided to you when you obtain BetterTrades’ products. We can revoke your access to BetterTrades’ products if you violate applicable terms, without limiting our other legal and equitable remedies. To provide you with BetterTrades’ products we may permit you to access our computer systems, certain databases and services, documentation, software, and data which also are owned by us, but to which we are not granting you any rights. You do not acquire any ownership rights by using any BetterTrades’ product. Ownership of bettertrades.com website and related websites and other BetterTrades’ products remain with Long Term – Short Term, Inc.
Intellectual Property Rights
BETTERTRADES®, the BetterTrades’ shield logo and other trademarks used with BetterTrades’ products, including the bettertrades.com website, are owned by Long Term – Short Term, Inc., its Affiliates or third parties. You may not use or reproduce such trademarks without written permission from BetterTrades’ or other applicable trademark holder. You may not use any metatags or other hidden text which incorporates BetterTrades’ trademarks or BetterTrades’ products. The design, text, graphics, pictures, information, data, sound files, video files and other materials and content, and the selection and arrangement thereof in the BetterTrades’ products are the proprietary property of Long Term – Short Term, Inc. BetterTrades.com and other websites owned by Long Term – Short Term, Inc., including the look and feel of such sites may not be copied or imitated. You may not reproduce, store, sell, distribute, publish, broadcast, circulate, market, license, adapt, commercially exploit or in any way transfer the BetterTrades’ products or allow or facilitate third persons attempting to do so. You may not republish, publicly display, upload, post, transmit, distribute or time-share BetterTrades’ products. You may not modify, adapt, translate or create any derivative works from BetterTrades’ products. You may not use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods. You may not download, index or in any non-transitory manner store or cache any portion of the BetterTrades’ products. You may not remove, deface, obscure or alter any copyright, trademark or other proprietary rights notices affixed to or provided with the BetterTrades’ products. You may not create a substitute or similar service or product through the use of or access to the BetterTrades’ product. Our rights, including intellectual property rights, are protected by United States and international trademark, copyright and other laws. We reserve all rights and remedies available to us and nothing in our Terms of Use is intended to limit our rights and remedies.
Security
To access some of the BetterTrades’ products, we require that you provide us with information about you. We are providing you with access to those BetterTrades’ products, in part, because you agree that the information you provide is accurate. In some instances you will also be given account numbers and access codes, such as a unique User Name and password. You are responsible for all activity conducted using your account numbers and access codes. If you have reason to believe that your account numbers or access codes are no longer secure, promptly change these numbers and codes by updating your account information, and immediately notify our customer service department by email at support@bettertrades.com or by telephone at 1-800-676-4410. 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. Please click here to see our Privacy Policy.
Disclaimer of Warranties LONG TERM – SHORT TERM, INC. AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT BETTERTRADES.COM AND OTHER BETTERTRADES’ PRODUCTS, "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LONG TERM – SHORT TERM, INC. 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. LONG TERM- SHORT TERM INC. AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY BETTERTRADES’ PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT BETTERTRADES’ 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. 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 BETTERTRADES’ PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF LONG TERM- SHORT TERM INC., 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 BETTERTRADES’ PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER LONG TERM - SHORT TERM, INC. 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 BETTERTRADES’ PRODUCT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY BETTERTRADES’ 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 AMOUNT PAID BY YOU, IF ANY, FOR THE BETTERTRADES’ PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold Long Term – Short Term, Inc., 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 BetterTrades’ 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 BetterTrades product.
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 BetterTrades’ 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 BetterTrades’ products, including if you have violated these Terms of Use. Upon termination, you will not have access to your account or files or other content accessible through your account or a BetterTrades’ product. For example, upon termination certain BetterTrades’ products which permit you to make and store charts, the charts stored in such products may be deleted and residual copies of such charts may not be retained. If you re-activate your account or repurchase or renew a product, there is no assurance that content you have created will have been stored and be available to you.
Miscellaneous
These Terms of Use and any other agreement between BetterTrades and you is governed by and construed in accordance with the laws of the State of Nevada, 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 Nevada, 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 Long Term – Short Term, Inc. 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.
DISCUSSION FORUMS
Submissions and Postings By sending or transmitting to us suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting Materials to any area of our websites, you grant us a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any forum on our web sites shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Discussion Forums Information provided in discussion forums may be provided by third parties (e.g., students) not connected with BetterTrades, some of whom may use anonymous screen names. People may post messages or make statements that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages.
The opinions expressed by others are solely the opinions of those persons, and do not reflect the opinions of the BetterTrades or any of its Affiliates. We have no obligation to monitor discussion forums, or any other materials that you or other third parties transmit or post on or to our websites. Under no circumstances will BetterTrades or its Affiliates be liable for any loss or damage caused by your reliance on information obtained in discussion forums. We have the right (but not the obligation) to monitor our web sites and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting); and to disclose such materials and the circumstances surrounding their transmission to any third party.
CODE OF CONDUCT While using any BetterTrades’ product, you agree not to:
- Restrict or inhibit any other visitor or member from using any BetterTrades’ product, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any Bettertrades.com websites;
- Use any BetterTrades product for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us;
- Transmit (a) any content or information that is 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);
- Engage in spamming or flooding;
- 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 Bettertrades.com websites or to otherwise violate any of our rights relating to our ownership and provision of our website or other BetterTrades’ products;
- Remove any copyright, trademark, or other proprietary rights notices contained in a Bettertrades.com web sites;
- "Frame" or "mirror" any part of Bettertrades.com 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 BetterTrades’ product or its contents;
- Harvest or collect information about visitors to or members of Bettertrades.com; or
Permit anyone without an account or subscription to use any BetterTrades’ product through your subscription, user name or password.
- While using BetterTrades’ products you agree to comply with all applicable laws, rules and regulations.