HSR Terms of Use

   

Last Modified February 12, 2015

1. BINDING EFFECT. This is a binding agreement ("Agreement”) between you and HistoricalStockResearch.com (“Company”, "us", "we"). By signing up to receive our e-newsletter or using the Internet site located at http://www.historicalstockresearch.com (the “Site"), you agree to be contractually bound by these terms.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking the “HSR Privacy Policy” link found on the bottom navigation panel of the Site.  The HSR Privacy Policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW AND CHOICE OF FORUM. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Orange County, California in all disputes arising out of or related to the Site.

4. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site. You warrant and guarantee you are 18 years of age or older.

5. EDUCATIONAL PURPOSE. The information on this Site is provided solely for educational purposes associated with suggesting methods for analyzing stock market technicals (technical analysis) using historical and current stock charts. Charts highlight instances where certain technical events have repeated over time. This information is provided only as educational “technical research” and it's not meant to be a solicitation or recommendation to buy, sell or hold any securities. None of the information on this website is guaranteed to be accurate, complete, useful or timely. The historical charts/price behaviors/models used on historicalstockresearch.com have not been evaluated for statistical significance. We do not warrant or guarantee such accuracy, completeness, usefulness or timelines. You further acknowledge the information provided herein does not take into account all data or factors that you should considered when analyzing the market's technicals for investment purposes. To the extent information on the Site is deemed investment advice; you expressly agree that you will not rely upon said information when making any stock market transaction (trade/investment). You further agree to perform your own due diligence when considering any stock market transaction and to consult with a registered investment advisor before pursuing any stock market transaction (trade/investment). To this end, you acknowledge that Erik Grywalski is not an investment advisor.

6. INVESTMENTS. We do not promote the sale or purchase of any stock mentioned on this Site and you should not interpret the educational information provided on the Site as such. You assume any and all risk associated with investing in any stock mentioned on this Site or applying any information on the Site to a trade/investment you undertake.

7. USER CONTENT. You grant us a license to use the materials you send to us regarding the Site. By emailing, submitting, posting, uploading, performing, transmitting, or otherwise distributing information or other content (“User Content”) to us, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

8. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS EDUCATIONAL SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. SHOULD A COURT OF COMPETENT JURISDICTION RULE THIS CLAUSE INVALID, YOU EXPRESSLY AGREE ANY AND ALL DAMAGES CLAIMS ON YOUR PART REGARDING THIS FREE EDUCATIONAL SITE SHALL BE LIMITED TO $10 [TEN DOLLARS].

10. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners such as hosts and email newsletter facilitators whose Internet sites may be linked with the Site. Because Company does not have control over the content and performance of these partner sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

11. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You may not scrape or otherwise copy and republish the content on this Site without our express permission. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

12. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. COPYRIGHT. All contents of Site are: Copyright © 2013-2015 Erik Grywalski. All rights reserved.

14. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

15. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

16. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email detailing the amendments to you should we have an email address for you. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.