USAGE POLICY: Security trading has inherent risk. Offbeat
Analytics™ is not responsible for any investing transactions, executions
or strategies developed or implemented from interpretations and calcualtions
with the Technicial Analysis Toolbox. Any financial decision made based on
the use the Technical Analysis Toolbox are at the sole discrecition of the
user.
All efforts are made to provide accurate downloads, calculations, and visualizations
of security data.
AGREEMENT. The Technical Analysis Toolbox for Matlab®
is created by Offbeat Analytics™ and is offered to you conditioned on
your acceptance without modification of the terms, conditions and notices
contained herein. By accessing and using this software, you are deemed to
have agreed to all such terms, conditions, and notices.
ACCURACY OF INFORMATION. All of the information gathered from the use of this
software is for entertainment and educational purposes only. While the information
is believed to be accurate and the analysis is honestly offered, none of the
information gathered should be considered solely reliable for use in making
actual investment decisions. The Technical Analysis Toolbox for Matlab®
by Offbeat Analytics™ gathers stock information content supplied by
third parties. None of the information gathered is guaranteed to be accurate,
complete, useful or timely. Offbeat Analytics™ and its third-party providers
do not warrant or guarantee such accuracy, completeness, usefulness or timelines.
Offbeat Analytics™ neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made about The Technical
Analysis Toolbox for Matlab® by Offbeat Analytics™ by anyone other
than authorized Offbeat Analytics™ employees or spokespersons while
acting in their official capacities.
DISCLAIMER. OFFBEAT ANALYTICS™ AND ITS THIRD-PARTY
PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR
INFORMATION PROVIDED FROM THIS SOFTWARE FOR ANY PURPOSE. ALL SUCH SERVICES
AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OFFBEAT ANALYTICS™
HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES AND INFORMATION,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT. OFFBEAT ANALYTICS™ DOES NOT WARRANT
THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. Under no circumstances shall Offbeat
Analytics™, its officers, or directors, be liable for any direct, indirect,
incidental, punitive, special or consequential damages (including without
limitation, attorneys' fees), whether in an action of contract, negligence
or other torturous action, that result from the use of, or the inability to
use, any information provided from this software, even if Offbeat Analytics™
has been advised of such damages. If you are dissatisfied with any Offbeat
Analytics™ Information or other materials, or with any of the terms
and conditions contained in this software, your sole and exclusive remedy
is to discontinue using The Technical Analysis Toolbox for Matlab® by
Offbeat Analytics™. If Offbeat Analytics™ or any of its third-party
providers are found liable in connection with a claim arising out of or related
to the services or the Information, their aggregate liability in such an event
shall not exceed the amount of the fees paid by you for use of the service
during the month in which the event giving rise to the liability occurred.
Your right to monetary damages in such amount shall be in lieu of all other
remedies to which you may otherwise be entitled from Offbeat Analytics™
or its third-party providers. Because some states/jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
INVESTMENT DECISIONS. You assume all risk associated with
investment decisions made on the basis of information provided from this software.
It is our policy to never advocate the purchase or sale of any individual
investment vehicle. You should also understand that Offbeat Analytics™,
it's third-party providers and their respective officers, directors and employees
may be active investors in the market and may or may not have open positions
in any investment vehicle mentioned on the software documentation. Prior to
the execution of a stock trade, you are advised to consult with your broker
or other financial representative to verify pricing and other information.
Offbeat Analytics™ shall have no liability for investment decisions
based upon the Information.
ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED.
COPYRIGHT NOTICE. The software included in the Technical
Analysis Toolbox for Matlab® is Copyright ©2009 by Offbeat Analytics™.
All rights reserved.
MODIFICATION OF THESE TERMS AND CONDITIONS. Offbeat Analytics™ reserves
the right to change this Terms of Service agreement at any time by revising
the terms and conditions herein. You are responsible for regularly reviewing
these terms and conditions. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by
means including, but not limited to, posting on Offbeat Analytics™ website,
or by electronic mail. Continued use of the Technical Analysis Toolbox for
Matlab® software following any such changes shall constitute your acceptance
of such changes.
GENERAL. This agreement is governed by the laws of the State
of Pennsylvania, U.S.A. You consent to the exclusive jurisdiction and venue
of courts in Bucks County, Pennsylvania, U.S.A. in all disputes arising out
of or relating to the use of this software. Use of this software is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
SEVERABILITY. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement shall continue in effect.
ENTIRE AGREEMENT. This agreement constitutes the entire agreement
between you and Offbeat Analytics™ with respect to this software and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Offbeat Analytics™ with
respect to this software. A printed version of this agreement and of any notice
given in electronic form will be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally
generated and maintained in printed form.