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Terms of Service

OVERVIEW

This website is operated by Command Alpha LLC (Market Weather), a California limited liability company. Throughout the site, the terms "we", "us" and "our" refer to Market Weather. Market Weather offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing any tools, features, or products from the site, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the jurisdiction where you reside, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all such registration information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 3 - INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Market Weather, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Services for your personal use, or in your professional capacity. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, without our express written permission.

You must not:

  • Modify copies of any materials from this site, except as otherwise permitted by us.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, except as otherwise permitted by us.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services, except as otherwise permitted by us.

No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - DISCLAIMERS & DISCLOSURES

By using this site or any of the products, services, and information from this site that you have carefully read through & fully acknowledged the following disclaimers & disclosures below in this section.

Risk Disclaimer

Trading is risky & most day traders lose money. All content is to be considered hypothetical, selected after the fact, in order to demonstrate our Services and should not be construed as financial advice. Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Past performance does not guarantee future results.

The risk of loss in trading can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition.

Hypothetical and Simulated Performance Disclaimer

Hypothetical or Simulated performance results have certain limitations, unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.

Testimonials Disclaimer

Testimonials appearing on this website may not be representative of other clients or customers and is not a guarantee of future performance or success. Any trading results depicted in testimonials are not verified and we have no basis for believing that individual experiences depicted are typical considering that results will vary given many factors such as skill, risk management, experience, and the fact that trading itself is a very high-risk activity where it is easy to lose money.

As a provider of technical analysis tools for charting platforms, we do not have access to the personal trading accounts or brokerage statements of our customers. As a result, we have no reason to believe our customers perform better or worse than traders as a whole based on any content or tool we provide.

Market Weather Is Not An Investment Adviser

Market Weather is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Rather, Market Weather relies upon the "publisher's exclusion" from the definition of "investment adviser" as provided under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and corresponding state laws. As such, Market Weather does not offer or provide personalized investment advice.

To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be "investment advice", such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this, and/or, associated websites, is provided for informational and educational purposes only.

The information should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by Market Weather, the Site and the Services of Market Weather, is solely incidental to the business and activities of Market Weather in providing educational tools for technical analysis.

Informational and Educational Purposes Only

Market Weather and the tools provided do NOT offer or provide personalized investment advice. The tools, scanners, data, content, and information offered are impersonal and not customized to meet the investment needs of any individual. As such, the tools, scanners, data, content, and information are provided solely for informational and educational purposes only.

The tools & scanners Market Weather offers are provided to help you research and evaluate securities based on your individual criteria and inputs, and those individual criteria, sorting and inputs are controlled and entered solely by you. Use of the tools & scanners does not indicate or guarantee any predictable, general, specific or other results and should not be the sole basis for any investment decision or transaction. YOU SHOULD NOT RELY UPON THE TOOLS, SCANNERS, OR ANY DATA, CONTENT AND INFORMATION THEREIN AS THE SOLE BASIS FOR AN INVESTMENT DECISION OR TRANSACTION. If you choose to rely on our tools, scanners, or any such data, content, or information, you do so at your own risk and fully acknowledge, understand, and agree that you are solely responsible for your investment research and decisions. You also remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies.

Market Weather does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. The data, content and information within the tools & scanners should not be construed as investment or trading advice and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any securities or to engage in any other transaction.

Site Disclaimer

By viewing any material or using the information within this Site, you agree that this is general education material, and you will not hold any person or entity responsible for loss or damages resulting from the content or general information provided by Market Weather.

This Site cannot accept responsibility for any errors or omissions to the accuracy of information contained on this Site. We recommend that visitors and users seek advice from an independent financial advisor before buying or selling securities. Market Weather and all affiliated parties are not registered as financial advisors.

This Site and all individuals and entities affiliated with this Site disclaim all liability and responsibility arising from any reliance placed on information by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Also, our partners or affiliated companies are in no way associated with the proprietary information provided by this Site.

TradingView Disclosure

Charts used on this site are by TradingView in which our tools are built on.

TradingView® is a registered trademark of TradingView, Inc. www.TradingView.com. TradingView has no affiliation with the owner, developer, or provider of the Services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, or recommends any such product or service.

SECTION 5 - REFUNDS

We allow refunds within a 30-day period on your first initial payment if you are not satisfied or do not understand our Services, which means you have 30 days after you sign up to any Market Weather subscription plan to receive a refund on your first initial payment.

To get a refund, you can contact us at support@marketweather.com and we will assist you as soon as possible on the same day. Refunds generally take 3-5 business days to arrive in your bank account.

We allow refunds specifically for yearly subscription auto-renewals within the first 72 hours of billing, however, we are not required to process a refund under any other circumstance after 30 days including the case you forgot about auto-renewal of your subscription.

We send reminders prior to annual billing cycles, and it is your sole responsibility to manage your subscription prior to renewals by logging in or emailing support@marketweather.com.

We do not accept refunds if paying with crypto due to potential transaction fees & other complications.

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of user for such websites.

SECTION 7 - PRODUCT / SERVICE

Certain Services may be available exclusively online through the website. We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Imitations of our Services are not allowed, you agree that we have the right at any time to remove your access and ban you from our server if suspected of imitating in any form.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (m) "frame" or "mirror" any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other service or Web site for any purpose; (n) modify, adapt, translate, reverse engineer, decipher, decompile, separate, or otherwise disassemble any portion of

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Market Weather and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 12 – INFORMATION ABOUT YOU

All information we collect about you is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SECTION 13 – GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 14 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@marketweather.com.