Terms and Conditions
TERMS AND CONDITIONS
User Agreement
By accepting this agreement, you agree to be bound by the following terms, conditions, policies, disclaimers, disclosures, agreements, notices and restrictions (hereinafter collectively referred to as “Terms and Conditions”) as well as all applicable laws and regulations. By any use of the Site, including any additional acceptance of the Terms and Conditions required for services, you acknowledge that you have read and understood this Terms and Conditions and agree to be legally bound by it. This Agreement sets out the Terms and Conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that Steady Climbing LLC (“the Siteowner”) will provide to you (“the User”). By accessing www.steadyclimbing.com (“the Site”), the User is agreeing to the Terms and Conditions below. If the User uses the Site in the course of business the User is also agreeing to these Terms and Conditions on behalf of that business. If the User does not agree with the Terms and Conditions (or the User is not authorized to do so) the User should not use the Site. This Terms and Conditions may be amended from time to time, without notice, and it is your responsibility to check for amendments. Your use of this Site constitutes your acceptance of and agreement to the then-current version of this Terms and Conditions.
If you do not agree with any part of this Terms and Conditions, you must immediately discontinue any and all use of the Siteowner’s Site, products or services. This agreement is entered into by you and the Siteowner whether you are a fee paying subscriber, free trial subscriber, free subscriber, fee paying member, free trial member, free member or any other type of user. If the User has any questions they should contact the Siteowner at:
contact@steadyclimbing.com
Services and Fees
The Siteowner shall provide Free and Paid-for Content. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User with approved access to Paid-for Content (“the Subscriber” or “the Member”) shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. The Subscriber must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to the Siteowner, the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment the Siteowner reserves the right to suspend or terminate the Subscriber’s access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site.
The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User.
The Subscriber, having paid the Fee for a subscription for the supply of Paid-for Content for a defined period, will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights.
Registration, Passwords and Privacy
The use of the Site signifies the User’s consent to the Siteowner collecting and using personal information about the User in accordance with the Siteowner’s Privacy Policy. The User can read the Privacy Policy through the Privacy Policy link found at the bottom of every Site page.
The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the Subscriber’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content.
The Subscriber will also be requested to create a Password in a format specified by the Siteowner (“the Password”). The Subscriber shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the Subscriber knows or has a reasonable suspicion that a third party knows the Subscriber’s Password, the Subscriber shall notify the Siteowner immediately by contacting the Siteowner at:
contact@steadyclimbing.com
If the Siteowner has reasonable grounds for believing that the Subscriber has misused or is misusing the Password, the Siteowner may require the Subscriber to change the Password or may suspend the Subscriber’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities.
Services and Fees
The User shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment, the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site.
The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User.
The Subscriber, having paid the Fee for a subscription for the supply of Paid-for Content for a defined period, will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. It is the Subscriber’s responsibility to initiate the cancellation request and to follow-up if it is not acknowledged. This does not affect the Subscriber’s statutory rights.
Paid-for Content Access, Use And Requirements
The use of any Paid-for Content is limited to the Subscriber and the members of their immediate household. The Subscriber may access and use, download and/or print out one copy of materials or information, for their personal non-commercial use only, whether said materials or information are available on the Site or received from Siteowner in any other way. Modification of the materials or use of the materials for any other purpose is strictly prohibited. "Subscriber Only" (aka “Member Only”) portions of the site are those pages which cannot be reached from the Site’s home page, directly or indirectly. Access to "Subscribers Only" portions of the site will be through password protected areas. Only Users who have met requirements for accessing Paid-for Content are considered Subscriber’s and may access and use the "Subscribers Only" areas of the Site. Unapproved User’s attempting to access these areas of the Site may be subject to prosecution. As a Subscriber, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not:
1) use the Site in any way that will violate any international, national, state or local law or regulation
2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or
3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without Siteowner’s prior written consent. You are solely responsible for protecting the confidentiality of your password and User I.D. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a Subscriber.
Limitations on Use of the Site
All content and services provided by the Siteowner belongs to the Siteowner or is licensed to the Siteowner by licensors including SubHub Limited. The Siteowner or its licensors, including SubHub Limited own all the intellectual property rights in the content and services.
The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement.
The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors including SubHub Limited or otherwise relating to the Site.
Termination
Siteowner may immediately terminate your subscription and all use related thereto upon the determination, in the sole discretion of Siteowner, that you have violated any part of this “Terms and Conditions”. Said termination shall have the same effect as if you, the subscriber had cancelled your service. Siteowner also reserves the right to terminate any subscription and access related thereto, without cause.
Risk Disclosure
Any and all material provided on Site is for general informational purposes only. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. Siteowner does not, cannot, and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The securities mentioned on our Site may not be suitable for investors depending on their specific investment objectives and financial condition. Any information provided is for information purposes only, is not intended to be financial advice, is not financial advice or any other type of advice, is general in nature and not specific to anyone. Before using any Site information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. You are responsible for your own investment research and investment decisions. There is a substantial amount of risk in trading securities, and the possibility exists that you can lose all, most or a portion of your capital. Any use of leveraged funds includes a correspondingly large potential for huge losses – really!
Your use of any Site information is at your own risk and without recourse against Siteowner, its members, directors, officers, employees or content providers. The information provided through the Site, including but not limited to its opinion and analyses, is based on sources believed to be reliable but is not guaranteed, represented or warranted to be accurate or complete. Your Paid-for Content fee only grants to you the right to have access to our signals, and other "Subscriber Only" areas of the Site. These Paid-for Content only express our opinion of various securities. The Siteowner’s opinion is not to be construed as any sort of investment advice, financial advice or any other type of advice. Opinions provided through at the Site will be wrong at times because of the limitations of investment analysis. Investment analysis, whether fundamental, technical, or any other cannot predict the future and is not a science that provides precise and accurate results.
Risks of Margin Trading
It is your responsibility to understand the risks of margin trading and abide by your broker’s membership agreement. You must look to your broker, NOT Siteowner, for guidance regarding margin trading. If the market moves against your position, your broker may require you to deposit additional funds to compensate for your loss. If you do not provide the funds within the specified time, your position may be liquidated at a loss, and you will be responsible for any resulting deficit in your account. If you trade on margin, your loss may exceed the amount of your investment.
Backtesting
Nearly all of Siteowner’s timing system, signal and forecast results are the result of backtesting, and are therefore merely hypothetical. Trading signals or forecasts used to produce our results were derived from equations which were developed through hypothetical reasoning based on a variety of factors. Theoretical buy and sell methods were tested against the past to prove the profitability of those methods in the past. Performance generated through back testing has many and possibly serious limitations. We do not claim that the historical performance of Siteowner’s timing systems, signals or forecasts will be indicative of future results. There will be substantial and possibly extreme differences between historical performance and future performance. There is a substantial amount of risk in following Siteowner’s opinions as there is with any security trading program. Siteowner has attempted to reduce those risks by backtesting its methods over a long period of time. Nevertheless, performance in the past is still no guarantee of future performance. Siteowner does not claim or warrant that its timing systems, signals, forecasts, opinions or analyses are consistent, logical or free from other bias, or that the data used to generate signals in the backtests was available to investors on the dates for which theoretical signals were generated.
Internet and Transmission Risks
When Siteowner needs to communicate with its Subscribers, including but not limited to the communication of a buy, sell, or other signal, Siteowner will attempt to:
1) Communicate actively through RSS, email or other
2) Communicate passively through Member areas of the Site or other
We are not responsible for delays or interruptions in transmission of information due to acts of God, man-made or natural causes. Siteowner is not responsible for delays in transmitting said information whether said delays result from problems with Internet connectivity, either by you or us, or by slowdowns of Internet transmittal, or otherwise. The use of the Internet to transmit and receive information involves instability and risk.
Even with the use of encryption, the Internet is not a perfectly-secured medium and privacy cannot be guaranteed. Internet email is vulnerable to interception and forging. Siteowner will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you may make to Siteowner through the Internet, or that you expressly or implicitly authorize Siteowner to make, or for any errors or any changes made to any transmitted information.
Disclosure Policy
Siteowner’s members, directors, officers, employees and content providers may hold positions in individual securities that are described on the Site. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site, have no obligation to notify subscribers in any way regarding said positions, and shall have no liability to Subscribers that relates in any way to said positions. Their affiliation or relationship to Siteowner or its Subscribers shall in no way limit the positions they may hold or when they may hold them.
Disclaimers
The Siteowner is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. To the fullest extent permissible by law, Siteowner disclaims all warranties, express, implied or statutory, including, but not limited to, warranties for the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information, product or services provided on the Site or implied warranties of title, non-infringement, merchantability, freedom from libelous or privacy-invasive content and fitness for a particular purpose. Applicable law may preclude the exclusion of implied warranties, so the above exclusions may not apply to you.
The Site, the materials and information on the Site, and any product or service available, obtained or accessed through the Site are provided "as is" and without representations or warranties of any kind, either express or implied. Siteowner does not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects or errors will be corrected, or that the Site or the hosting server(s) for the Site will be free of viruses or other harmful components. The User accepts complete responsibility and risk for use of the Site and any reliance thereon. You acknowledge responsibility for obtaining and maintaining all telephone hardware and computer hardware, software, data, and equipment needed to access and use the Site, and all related charges.
No opinion or statement by Siteowner, whether made on the Site or otherwise, shall create any warranty of any kind. Your use of the Site and any materials provided by the Site is entirely at your own risk. Siteowner has no obligation to update information on the Site or advise of future developments regarding topics mentioned or introduced. In the event that the Site refers to or contains links to other Internet web sites or resources, no representation or warranty is implied and it is thereby explicitly denied that Siteowner has reviewed, approved, controls or endorses any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for any loss or damages caused or alleged to have been caused by the reliance on or use of any such content nor for the accuracy, legality, or inappropriate nature of any content, products, services, advertising, or information located in, on or through any other web sites.
Limitation of Liability and Indemnity
Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is responsible for any actions taken as a result of reading any material provided through the Site or any related services. Siteowner, its directors, officers, members, employees and content providers specifically disclaim any liability (whether based in contract, tort, strict liability, negligence, equity, statute law or any other legal theory) for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or in any way connected with transmission of confidential information, access to, lack of access to, unauthorized use or reproduction of, misuse of or use of the Site, information, emails, products or services (even if Siteowner has been advised of the possibility of such damages) including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively referred to as “Damages”). This includes, but is not limited to, lost profits or trading losses. Your sole remedy for dissatisfaction with the Site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to Siteowner, its directors, officers, employees and content providers 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, to access the Site.
Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site.
No party, other than the Siteowner, who is involved in the workings of the Site, including SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site.
From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators.
Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites
You agree to indemnify, defend and hold Siteowner, its directors, officers, members, employees and content providers harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly from:
1) your violation of any law with respect to the Site, products, services or content,
2) your breach of this Agreement or
3) your activities in connection with the Site or any services related to the Site.
Indemnity
The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, members, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner or SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
Consequences of Breach of these Terms
In the event that the Siteowner or SubHub Limited considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to:
1) warn the User that they have violated the Agreement and ask the User to discontinue such conduct.
2) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content.
3) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.
Third Parties
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of SubHub Limited.
Governing Law and Venue
Notwithstanding any conflict with the laws, ordinances or provisions or your domicile, residence or physical location, the interpretation, validity and effect of this Terms and Conditions and any dispute or claim based on your use of the Site, its products, information or services, will be governed by the laws of the State of Arizona and any litigation, between Siteowner and any User or Subscriber shall be exclusively heard in the courts of Maricopa County, Arizona.
Any litigation between SubHub Limited and any User or Subscriber shall be governed by and construed according to the laws of England and Wales and shall be subject to the [exclusive] jurisdiction of the courts of England and Wales.
Severability
Notwithstanding anything contained herein to the contrary, if any provision of these Terms and Conditions is determined to be unenforceable or invalid, said provision will be enforceable to the maximum extent permissible and the remaining provisions of these Terms and Conditions will still be valid and enforceable.
Entire Agreement
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
