TERMS AND CONDITIONS:
READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE KOLATERY.COM OR ANY AFFILIATED SITES (COLLECTIVELY, THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED. BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
The Agreement governs the relationship between you and Kolatery (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.
By using our services, you are agreeing to be bound by all of these terms and conditions. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of Kolatery means that you accept any new or modified terms.
If you have any questions relating to the Site or Membership (as defined below), they can be sent to the attention of our Customer Service by email to email@example.com. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.
By accepting this Agreement, you agree that you will not:
– Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
– Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;
– Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
– Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;
– Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;
– Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.
No Recommendations or Advice Provided
Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Company and it’s representatives apply this information to the financial markets. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.
Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions. By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.
CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. 73% of retail investor accounts lose money when trading CFDs. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.
Kolatery is strictly a research publishing firm and falls within the publisher’s exemption of the definition of an “investment advisor” and is classed as a periodical in the UK or of general and regular circulation in the US. We do not provide individual investment advice. This service is not registered with any financial regulatory agency such as the FSA in the UK or NASD, SEC, or NYSE in the US. The information we publish is based on our opinions plus our statistical and financial data and independent research. They do not reflect the views or opinions of any registered corporate affiliate. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendation to buy, hold, or sell securities, or engage in any trading strategy. Such recommendations may only be made by a personal advisor or the broker you select.
Investing in any short-term trading strategy is considered speculative and involves risk of loss. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments as recommended by your financial adviser. For more information on investing, see also the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the National Association of Securities Dealers at www.nasd.com. For more important information on options, please read the information in Characteristics and Risks of Standardized Options available at www.theocc.com, the Options Clearing Corporation.
Most of the information we publish is derived from primary sources, including the U.S. government agencies as well as the financial institutions or SEC reports from publicly traded companies we cover. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure you that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or opinions.
The editors of Kolatery may hold investments that are covered in our publication although generally any such purchases are made after the newsletter or videos are published.
Your money, your decision.
Kolatery does not guarantee the accuracy, veracity, or completeness of any information provided on our website, and we will not be responsible for any errors or omissions in articles or postings, for links embedded in messages, or for any results obtained from the use of such information.
Kolatery will not be liable for any loss or damage caused by a reader’s reliance on information obtained from our articles, our videos, scanners, indicators and newsletters. We strongly caution you not to rely just on the information you find on our site, indicators, scanners, videos or articles to inform your decisions — rather, use it as a starting point for doing your own independent research. Then you must decide for yourself the accuracy and merits of the information on our site, indicators, videos, scanners or articles.
Data and analysis
In the material we make available on our website, we rely on a wide variety of sources and other websites. We believe these sources of data to be accurate and reliable, but sometimes they may not be.
Kolatery makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor Kolatery is liable for any errors or delays in the content or transmission of the data on our site.
Limitation on Kolatery’s liability
Kolatery's liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Kolatery from the Subscriber. Kolatery will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by Kolatery. Without limitation, Kolatery shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use any other source of material provided by Kolatery; (3) Kolatery failure to deliver or delay in delivering any material or (4) any kind of error in transmission of material; or (5) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. Kolatery and the Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Kolatery and Subscriber. “No-risk” and “risk-free” refer solely to the subscription price refund policy.
We’ve stated this in these terms and conditions but it bears repeating: Kolatery does not warrant the completeness, accuracy, or usefulness of any information or materials provided through products, newsletters, videos, scanners, and premium membership materials. These are intended to give general information, education and/or comment only, and the markets or trade setups mentioned may not necessarily be suitable for you. Accordingly, you agree that you have sole and complete responsibility for any decisions your make or actions you take in reliance upon information contained on or available through Kolatery.
Our products (e.g. indicators and video courses) and our free and paid services – such as the premium membership newsletters, videos, scanners, and any materials available at or through Kolatery – are provided “as is” and with all defects. Kolatery disclaims all representations, warranties, and conditions, express or implied, of fitness for a particular purpose, merchantability, title, non-infringement, compatibility, security and condition or operation of the foregoing. Kolatery does not warrant the continued or uninterrupted operation of the Internet, products or Premium Membership. No oral or written information or communications given by Kolatery, its employees, or agents will increase the scope of the above warranty or create any new or additional warranties.
Kolatery, its employees or shareholders will not be liable for any indirect, incidental, special or consequential damages arising out of the use of products, newsletters, videos, scanners, and premium membership materials, even if Kolatery has been advised of such damages or losses.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission
Futures, options and stock trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, options or stock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, options or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
You should view our additional Disclaimers before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.
Our track records are utilized as a “model” to present a general idea of how our research and specific picks have fared since the inception of our service and in various market conditions. Our trades are posted during the week. However, we are in no way representing that similar results will be achieved by following our strategies and picks. In addition, we include as part of our disclaimer information that is required by the NFA in reference to back-tested trading systems as well as hypothetical track records, which is as follows:
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 TO 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.
THIS COMPOSITE PERFORMANCE RECORD IS HYPOTHETICAL AND THESE TRADING ADVISORS HAVE NOT TRADED TOGETHER IN THE MANNER SHOWN IN THE COMPOSITE. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY MULTI-ADVISOR MANAGED ACCOUNT OR POOL WILL OR IS LIKELY TO ACHIEVE A COMPOSITE PERFORMANCE RECORD SIMILAR TO THAT SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN A HYPOTHETICAL COMPOSITE PERFORMANCE RECORD AND THE ACTUAL RECORD SUBSEQUENTLY ACHIEVED.
ONE OF THE LIMITATIONS OF A HYPOTHETICAL COMPOSITE PERFORMANCE RECORD IS THAT DECISIONS RELATING TO THE SELECTION OF TRADING ADVISORS AND THE ALLOCATION OF ASSETS AMONG THOSE ADVISORS WERE MADE WITH THE BENEFIT OF HINDSIGHT BASED UPON THE HISTORICAL RATES OF RETURN OF THE SELECTED TRADING ADVISORS. THEREFORE, COMPOSITE PERFORMANCE RECORDS INVARIABLY SHOW POSITIVE RATES OF RETURN. ANOTHER INHERENT LIMITATION ON THESE RESULTS IS THAT THE ALLOCATION DECISIONS REFLECTED IN THE PERFORMANCE RECORD WERE NOT MADE UNDER ACTUAL MARKET CONDITIONS AND, THEREFORE, CANNOT COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FURTHERMORE, THE COMPOSITE PERFORMANCE RECORD MAY BE DISTORTED BECAUSE THE ALLOCATION OF ASSETS CHANGES FROM TIME TO TIME AND THESE ADJUSTMENTS ARE NOT REFLECTED IN THE COMPOSITE.
Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.
To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.
Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.
Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Education, Not Recommendations
Kolatery publishes information that is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, currencies, cryptocurrencies, futures, CFDs or other financial instruments. Trading of stocks, options, and futures may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. Opinions, market data, or recommendations are subject to change at any time. Investing in cryptocurrencies or tokens is highly speculative and the market is largely unregulated – therefore anyone considering it should be prepared to lose their entire investment.
We at Kolatery are not Financial Advisors or Registered Analysts. We do not offer our various model portfolios as trading recommendations for you to copy. These models represent our own accounts and/or opinions and are intended to teach our style of short-term trading. For example, if technology stocks happen to be selling off day after day, members can review our newsletters, videos and portfolios and actions taken (e.g. in the videos, newsletters and live trading rooms) to see what we are thinking or doing, and how we are handling that type of situation.It is up to you to make your own decisions as what you want to do with your own portfolio.
We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. However, we believe our successes more than make up for our mistakes, and will continue to offer our education until proven otherwise. Observe our mistakes and utilize these lessons in your own trading programs.
Trading of stocks, and especially options and futures, may not be suitable for everyone. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, CFDs, or any leveraged financial instrument, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.
By accepting this disclaimer you are acknowledging the risks involved in trading the stock, options, forex, commodity, cryptocurrency and futures markets and are also acknowledging that you, the subscriber, and not Kolatery, are solely responsible for any losses, financial or otherwise, as a result of using this service. Kolatery shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that Kolatery will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website. You agree to hold Kolatery harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.
The purpose of Kolatery videos and updates is to provide a general market overview and identify high probability opportunity. There is no such thing as a no-risk opportunity. While you may choose to act upon the information provided, at no time will Kolatery make specific recommendations for any specific person, and at no time may a reader, caller or viewer be justified in inferring that any such advice is intended and in no way will Kolatery ever assume liability for any losses resulting from your decision. Investing and trading carries risk of losses. The market service that never makes mistakes does not exist. Information provided by Kolatery is expressed in good faith, but it is not guaranteed. Please realize that trading the markets demands recognition of the fact that error and uncertainty are part of any effort to assess future probabilities.
Employees of the Company may or may not have positions in the educational picks posted to the site through its newsletters or in the trading rooms. In addition, 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 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, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.
All Seminar, online class, virtual class, 1:1 consultation sales are final. There is no refund issued if you cannot attend them.
Purchase agreement/End User License Agreement:
Purchaser of any products or services from the Company – such as course, DVD, CD ROM, software, book, or other product – hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell neither the content nor the video they have purchased in any manner, by any venue. All sales are final for all products. Copyable media, including DVDs, CD-ROMs and other media may not be returned for a refund, but we will replace any defective media at no cost to the purchaser (contact us at firstname.lastname@example.org). Purchaser may not resale this or any www.kolatery.com product via eBay, any other online auction site, nor any online classified forum nor any other resale venue of any kind.
Subscriptions of the free videos and free newsletter may be cancelled at any time by either party. These cancellations must be sent via email or through the Unsubscribe section in the emails.
Kolatery reserves the right to alter or change the subscription amount at any time, with notification and warning given to the customer.
If you find yourself interested in our trading styles, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy our buys and sells, you are doing so at your own risk. We’re not recommending that anyone copy us, and believe that all investors should make their own decisions. We are here to teach by example, through our successes and mistakes.
You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses arising in any way from your use of any services provided by the Company.
We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on.
Failure to abide by these rules can result in immediate termination of access to Kolatery, without refund or recourse.
1. Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
2. Do not reprint, republish, re-post, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
3. No advertising, trading of goods or services, or other commercial use is allowed in our blog and or trading rooms. No bulk e-mail, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum and or live trading rooms.
4. Please use your own name when posting to the discussion forum and trading rooms. Do not impersonate anyone else.
5. Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
6. Please avoid shouting (using all capital letters) in the discussion forum and trading rooms.
7. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forum and trading rooms. Do not libel or defame others. The Company strongly disapproves flaming.
8. When you post content in the Company blog and trading room, you permit the Company to display and distribute the content, and to use it for advertising and promotion. You grant to the Company the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
We do not try to edit or to monitor messages posted on the Kolatery articles and trading rooms, but Kolatery has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not Kolatery. Violators may be permanently banned from using the forum and trading rooms, or even have their subscriptions terminated.
Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of Kolatery, which reserves all rights .
Limitation of Liability
KOLATERY PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT KOLATERY SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE KOLATERY FORUM AND TRADING ROOMS AND THAT YOUR USE OF THE KOLATERY FORUM AND TRADING ROOMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE KOLATERY FORUM AND TRADING ROOMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. KOLATERY DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL KOLATERY, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF KOLATERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without reference to its choice of law principles. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Delaware USA in all disputes arising out of or related to the use of the Site or Service.
The Site is evolving and may result in changes to the Agreement.
You understand that the Site is an evolving one. Company may require that you accept updates to the Site. Company reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:
1. Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;
2. Change any fees or charges that may be related to your use of the Service;
3. Change the equipment, hardware or software required to access the Service;
4. Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.
Any changes to the Agreement will be effective immediately upon notice, which Company may provide by any means, including, without limitation, by electronic posting, which will be effective immediately. You agree to check this Agreement periodically for the new provisions that govern the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to them.
This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.
Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.