FuturesBriefing
Terms of Use
Welcome to FuturesBriefing.com!
Please read these terms and conditions
of use carefully before using FuturesBriefing.com. Your access to and
use of the Site is subject to the following terms and conditions (including
the Privacy Policy of the Site) and all applicable laws. By accessing
and using this Site, you signify your assent to these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Site.
These Terms of Use may be amended or
modified, or new conditions may be imposed, at any time. Any such changes
or additions will be reflected by an update of this posting. Please
check these Terms of Use periodically for changes. Your continued use
of the Site following the posting of changes to these terms (including
the Privacy Policy) will mean you accept those changes.
The Site is owned by Market Valuation
Institute, a Delaware limited liability company ("MVI"). MVI
maintains this Site for your personal commodity trading use, entertainment,
information, education, and communication. No content from the Site
may be reproduced, republished, uploaded, posted, transmitted, distributed,
copied, publicly displayed or otherwise used except as provided in these
Terms of Use without the written permission of MVI.
MEMBERSHIP ACCOUNT,
PASSWORD, AND SECURITY:
If you wish to establish a subscription
with MVI, you must complete the registration process by providing us
with current, complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree
to notify MVI immediately of any unauthorized use of your account or
any other breach of security. MVI will not be liable for any loss that
you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable
for losses incurred by MVI or another party due to someone else using
your account or password. You may not use anyone else's account at any
time, without the permission of the account holder.
TRIAL MEMBERSHIPS:
You are limited to one two-week trial
membership unless otherwise approved in writing by MVI. In the event
you enroll for more than one trial subscription without approval by
MVI, you agree that MVI will charge you the full subscription rate commencing
on the date of your first unauthorized use. You also agree that MVI
may terminate your unauthorized use at any time and, in such event,
MVI will not be liable for any losses or other damages resulting from
such termination.
SUBSCRIPTION FOR
INDIVIDUAL USE ONLY:
Your subscription to the MVI Site is
for your individual use only, and you are prohibited from using your
subscription for any commercial purpose. As a condition of your use
of your subscription, you will not use the subscription for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use your subscription in any manner that could damage, disable,
overburden, or impair any MVI server, or the network(s) connected to
any MVI server, or interfere with any other party's use and enjoyment
of any subscriptions. You may not attempt to gain unauthorized access
to other subscriber�s accounts, computer systems or networks connected
to any MVI server through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available to you through your
subscription.
PAYMENTS AND FEES:
Payment is due on the defined monthly
recurring billing date of each month. Subscriber authorizes MVI to bill
their credit card on each successive billing date without obtaining
users permission after the initial charge, or until the subscription
is cancelled in the manner provided for herein. Credit cards that are
declined for any reason are subject to suspension of account. Service
will be suspended or cancelled, at the sole discretion of MVI, on accounts
that reach 10 days past due. Accounts that are not collectable by MVI
may be turned over to an outside agency for collection. If your account
is turned over for collection, you agree to pay MVI a �Processing
and Collection� Fee of not less than Fifty ($50.00 USD) nor more than
One Hundred, Fifty Dollars ($150.00 USD), as determined by MVI in its
sole discretion. Charges will appear on your credit card statement as
�Market Valuation Institute�.
DELINQUENT ACCOUNTS:
MVI may temporarily deny service or
terminate this Agreement upon failure by you to pay charges when due.
Such termination or denial will not relieve you of responsibility for
the payment of all accrued subscription fees, or any collection fees.
ACCOUNT CANCELLATION/
REFUND POLICY:
All requests for canceling any service
must be made by contacting FuturesBriefing Support by phone at: (866)
686-3808. Due to the nature of the services provided, MVI DOES NOT offer
full or partial refunds for cancellations that occur during a billing
period.
BILLING DISPUTES:
All billing disputes must be reported
within 30 days of the time the dispute occurred. CHARGE BACK RECOVERY:
It is understood that subscribers will be liable to MVI for all fees
incurred by MVI as a result of unsubstantiated charge back claims initiated
by the subscriber. Such fees may be recovered from any balance remaining
on the subscriber�s account, and/or any other means allowable by law.
Further, subscriber�s access may be suspended immediately upon any
notice to MVI that the subscriber has initiated a charge back. Suspension
may remain in effect until either the funds have been recovered, or
the issue is resolved through the banks of the subscriber and MVI. Substantiation
of any charge back claim will be at the sole discretion of MVI. Charge
back claims deemed unsubstantiated will be considered initiated with
the bad faith intention of theft of services.
COMMODITY TRADING:
The risk of loss in trading commodities
can be substantial. You should therefore carefully consider whether
such trading is suitable for you in light of your financial condition.
The high degree of leverage that is often obtainable in commodity trading
can work against you as well as for you. The use of leverage can lead
to large losses as well as gains. According to many experts, most individual
investors who trade commodity futures or options lose money.
Being a successful PAPER TRADER during
one time period does not mean that you will make money when you actually
invest during a later time period. Market conditions constantly change.
This Site may contain information regarding
some of MVI�s successful trades. MVI also has trades where it has
lost money (commissions not deducted). Past results are not necessarily
indicative of future results.
Notice: Hypothetical performance results
have many inherent limitations, some of which are described below. No
representation is being made that any account will or is likely to achieve
profits or losses similar to those shown. In fact, there are frequently
sharp differences between hypothetical performance results and the actual
results subsequently achieved by any particular trading program. One
of the limitations of hypothetical performance results is that they
are generally prepared with the benefit of hindsight. In addition, hypothetical
trading does not involve financial risk, and no hypothetical trading
record can completely account for the impact of financial risk in actual
trading. For example, the ability to withstand losses or adhere to a
particular trading program in spite of trading losses are material points
which can also adversely affect actual trading results. There are numerous
other factors related to the markets in general or to the implementation
of any specific trading program, which cannot be fully accounted for
in the preparation of hypothetical performance results and all of which
can adversely affect actual trading results.
The benefits of limited risk in trading
future options is only available for long options (Buying "Put"
and "Call" Options.) "Limited Risk" refers to the
amount of any potential loss, not the likelihood of loss. Trading futures
options can involve the loss of the premium paid on the option, plus
commissions and fees.
This site may feature testimonials
from FuturesBriefing subscribers. Testimonials provide the perspective
of individuals who are successful and/or enthusiastic about their experience(s)and
provide information about the provider�s experience(s) only as to
that point in time in which they are provided. These testimonials should
not be viewed as representing the typical and ordinary experience of
individuals who subscribe to FuturesBriefing and decide to invest in
commodity futures and/or options. Although all testimonials are authentic
and accurately represent the overall content of the testimonial, statements
made in the testimonials have not been verified. Trading on commodity
futures or options involves substantial risk of loss. According to many
experts, most individual investors who trade commodity futures or options
lose money. Accordingly, the testimonials herein should not be viewed
as mitigating the potential for risk of losses in commodity trading.
Commodity trading is not for everyone.
For customers trading options, the
futures charts are presented for informational purposes only. They are
intended to show how investing in options can depend on the underlying
futures prices; specifically, whether or not an option purchaser is
buying an in-the-money, at-the-money, or out-of-the-money option. Furthermore,
the purchaser will be able to determine whether or not to exercise his
right on an option depending on how the option�s strike price compares
to the underlying future�s price. The futures charts are not intended
to imply that option prices move in tandem with futures prices. In fact,
option prices may only move a fraction of the price move in the underlying
futures. In some cases, the option may not move at all or even move
in the opposite direction of the underlying futures contract.
INTELLECTUAL PROPERTY
The trademarks, logos and service marks
(collectively, the "Trademarks") appearing on the Site are
Trademarks of their respective owners. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Site without
the written permission of its respective owner. Your use of the Trademarks
displayed on the Site, or any other content on the Site, except as provided
in these Terms of Use, is strictly prohibited.
All contents of the Site are Copyright
Market Valuation Institute. You may download material displayed on the
Site to any single computer only for your personal, noncommercial use,
provided you also maintain all copyright and other proprietary notices
contained on the materials. You may not, however, distribute, reproduce,
republish, display, modify, transmit, reuse, repost, or use any materials
of the Site for public or commercial purposes on any other Web site
or otherwise without the written permission of MVI. Modification of
any materials displayed on the Site is a violation of MVI�s copyright
and other proprietary rights.
Images of people and/or places displayed
on the Site are either the property of, or used with permission by,
MVI, and use of these images by you, or anyone else authorized by you,
is prohibited unless specifically permitted by these Terms of Use or
MVI. Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
LINKS
No commercial or noncommercial Web
site may link to the Site without the prior written permission of MVI,
even if the page/area where the link originates does not promote a product
or service.
INFORMATION POSTED
ON THE SITE:
The information contained on the following
pages is provided for evaluation purposes only. Every effort has been
made to ensure the accuracy of information on this web site. However,
Market Valuation Institute, LLC, Commodity Research Bureau, Chicago
Board of Trade, Chicago Mercantile Association, MidAmerica Commodity
Exchange, the New York Mercantile Exchange, The Board of Trade of the
City of New York, (NYBOT) (member exchanges which include: Coffee, Sugar
& Cocoa Exchange (CSCE) and the New York Cotton Exchange (NYCE)),
United States Chart Company, and any and all other third party data
providers, their Officers, Directors, Members, Employees, Agents, Consultants
or Licensees do not guarantee the accuracy or completeness of the information
or any analysis based thereon. Such information is for informational
purposes only and is not intended as an offer or solicitation with respect
to the purchase or sale of any security or commodity, nor should it
serve as the basis for any investment decision.
Market Valuation Institute, LLC, Commodity
Research Bureau, Chicago Board of Trade, Chicago Mercantile Association,
MidAmerica Commodity Exchange, the New York Mercantile Exchange, The
Board of Trade of the City of New York,. (NYBOT) (member exchanges which
include: Coffee, Sugar & Cocoa Exchange (CSCE) and the New York
Cotton Exchange (NYCE)), and any and all other third party data providers,
their Officers, Directors, Members, Employees, Agents, Consultants or
Licensees shall not be liable to any user for the accuracy of the information,
or any market quotations supplied through this service to a customer,
nor for any delays, inaccuracies, errors, interruptions occasioned by
said delays, inaccuracies, errors, interruptions or omissions, or for
any discontinuance of the service.
Market Valuation Institute, LLC, Commodity
Research Bureau, Chicago Board of Trade, Chicago Mercantile Association,
Mid-America Commodity Exchange, the New York Mercantile Exchange, The
Board of Trade of the City of New York,. (NYBOT) (member exchanges which
include: Coffee, Sugar & Cocoa Exchange (CSCE) and the New York
Cotton Exchange (NYCE)), and any other third party data providers, their
Officers, Directors, Members, Employees, Agents, Consultants or Licensees
accept no responsibility or liability for your acting upon the contents
of this web site.
The information contained in or made
available through the Site cannot replace or substitute for the services
of trained professionals in any field, including, but not limited to,
financial, tax, and legal matters.
MVI and its respective affiliates,
owners, employees, directors, officers or shareholders (collectively,
the "MVI Parties") make no representation that the materials
contained in the Site are appropriate or authorized for use in all countries,
states, provinces, county or any other jurisdictions. If you choose
to access the Site, you do so on your own initiative and risk and are
responsible for compliance with all applicable laws.
DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MVI PARTIES DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE MVI PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED
IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR
TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR
VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MVI PARTIES ARE NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE
SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE MVI
PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF YOUR USE OF THE SITE,
INCLUDING BUT NOT LIMITED TO TRADING LOSSES, OR IN CONNECTION WITH ANY
FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS,
INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY
CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY
CONTENT THEREIN. IN NO EVENT SHALL THE MVI PARTIES' AGGREGATE LIABILITY
TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS
SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF
ANY.
The Site may contain links and pointers
to other World Wide Web sites, resources, and advertisers of the Site.
MVI is not responsible for the availability of these third party resources,
or their contents. MVI has not reviewed any or all of the sites linked
to the Site and are not responsible for the content of any off-Site
pages or any other sites linked to the Site. By clicking on any such
link, you acknowledge that MVI has no control over, and makes no representations
of any kind with respect to, such other sites or any content contained
within such other sites, and you hereby revoke any claim against the
MVI with respect to such other sites. You should direct any concerns
regarding any external link to its site administrator or Webmaster.
NOTICES
MVI may give notice to users of the
Site by means of a general notice on the Site, electronic mail to a
user's e-mail address if on record in MVI's account information, or
by written communication sent by first class mail to a user's address
if on record in the MVI's account information.
You may give notice to MVI (such notice
shall be deemed given when received at any time by any of the following
means):
1. Electronic mail to TOVI_Administrator@TOVIonline.com;
2. Letter faxed to MVI at the following
fax number: (610) 366-3900;
3. Letter delivered by first class
postage prepaid mail or courier to MVI at the following address:
Market Valuation
Institute, LLC
7535 Windsor Drive #306
Allentown, PA 18195
Attn: Administrator
You hereby agree to indemnify and hold
MVI and its shareholders, directors, officers, employees, agents and
representatives harmless from all claims, liabilities, damages and expenses
(including attorneys' fees and court costs) arising out of or relating
to your use of the Site or any breach or alleged breach of these Terms
of Use.
SITE MODIFICATION
MVI may change, suspend or discontinue
any aspect of the Site at any time, including the availability of any
Site feature, database, or content. MVI may also impose limits on certain
features and services or restrict your access to parts or the entire
Site without notice or liability at any time in MVI's exclusive discretion,
without prejudice to any legal or equitable remedies available to MVI,
for any reason or purpose, including, but not limited to, conduct that
MVI believes violates these Terms of Use or other policies or guidelines
posted on the Site or conduct which MVI believes is harmful to other
customers, to MVI's business, or to other information providers. Upon
any termination of this agreement, you will immediately discontinue
your use and access of the Site and destroy all materials obtained from
it.
DISPUTES
These Terms of Use and any disputes
relating to these Terms of Use or the Site will be governed by the laws
of the State of Delaware, United States of America, without regard to
its principles of conflicts of laws. Any claim relating to these Terms
of Use or the Site shall be exclusively prosecuted in a federal or state
court of competent jurisdiction located within the state of Delaware,
United States of America, and you hereby consent to the jurisdiction
of such court solely for such purposes and you further waive any argument
that any such court does not have jurisdiction over such dispute or
that venue in any such court is not appropriate or convenient. You further
agree to accept service of process by certified mail, return receipt
requested at the address designated by you. MVI will be entitled to
recover their court costs and reasonable attorneys' fees and expenses
incurred in successfully proving any breach of any term of these Terms
of Use.
MISCELLANEOUS
These Terms of Use constitute the entire
agreement between the parties, and supersedes all prior and contemporaneous
written or oral agreements, proposals or communications with respect
to the subject matter herein between you and the Operator. MVI, in its
sole discretion, may amend these Terms of Use, and your use of the Site
after such amendment is posted on the Site will constitute acceptance
of it by you. The section headings in these Terms of Use are for convenience
only and must not be construed as legal advice to you. If any provision
of these Terms of Use is held by a court of competent jurisdiction to
be unlawful, void, invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
LAST UPATED: January
15, 2007