TERMS OF SERVICE
Last updated December 1, 2020
§ 1 – INTRODUCTION
This website www.tradingcanyon.com (“Site”, “website”) is operated by TradingCanyon. Throughout the site, the terms “Company”, “we”, “us” and “our” refer to TradingCanyon. We offer this website, including all information, related content, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, disclaimers and notices stated here.
By visiting our site and/or purchasing something from us and/or subscribing to a product, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions, policies and disclaimers referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or updates which are added to the current product offer, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Our indicators are available on TradingView.com (“TradingView”). TradingView provide us with the charting platform that allows us to sell our products and services to you.
- Our store is hosted on WordPress. Together with the WooCommerce eCommerce plugin, they provide us with the online e-commerce platform that allows us to sell our products and services to you.
- We use Stripe as a payment service provider. Stripe provide us with the payment processor that allow us to sell our products and services to you. Stripe is an extremely secure platform for paying and receiving payments.
Stripe is a PCI Service Provider Level 1, which is the highest level of certification available in the payments industry.
§ 2 – ONLINE STORE TERMS
These Terms of Service are available and reserved only for individuals or businesses that can enter a legally binding contract under the laws applicable in their country of residence. Without limiting the undermentioned terms, our Services are not available to people aged under 18 or who have not attained the legal age (“Minors”) as well as persons of unsound mind. If you are under 18, you may use our services only with permission of a parent or guardian. So if you are a minor or lack the legal capacity, you cannot use this service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
§ 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
§ 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
§ 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
§ 6 – PRODUCT / SERVICE
Certain products or services may be available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Imitations of our product are not allowed, you agree that we have the right at anytime to remove your access and ban you from our server if suspected of imitating in any form. With a ban due to imitations or brand infringement, your subscription will be canceled and you won’t be charged again.
§ 7 – TRIAL, SUBSCRIPTION, PAYMENTS AND CANCELLATION OF SERVICE
The offer of the 7-day free trial period applies exclusively to the Monthly subscription plan (“Starter”). It does not extend to the quarterly and annual plans, as they have a discounted price structure.
Each user is eligible to try the subscription services offered on the Site free of charge for a period of 7 days, but only once. Any subsequent trial requests or cancellation and reactivation of the trial will result in a charge within 24 hours, based on the selected Service.
The trial is not available for products or services that offer a one-time payment.
The trial activation might require up to 48 hours.
If you do not cancel the free trial, it will continue as a monthly subscription service (“Starter” plan). The subscription is set to renew automatically using your payment method on file.
Refunds cannot be issued under any circumstance (see also § 16).
You can cancel or switch a subscription anytime from your account page (My Account), including during the trial period. If you cancel the Service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be put on hold.
§ 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases and/or subscribtions made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
You are fully responsible for providing us with a valid and correct TradingView username when register for the Service, so that we can give you full access to our invite-only scripts on the TradingView platform. You can not receive any compensation or reimbursement if you enter or provide an incorrect username, and because of this do not have access to our Service.
All subscriptions to the TradingCanyon indicators are valid for one (1) TradingView account/username only. If you have created a new TradingView account/username and want to switch access to the new account/username, permission will in most cases be granted. However, the old account/username will have its access revoked.
§ 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
§ 10 – USER LICENSE
Scripts made available through the TradingView chart platform are licensed, not sold, to you. Your license to each Script is subject to your prior acceptance of our Terms of Service.
§ 11 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
§ 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
§ 13 – PERSONAL INFORMATION
By using our Website, you also agree to accept its policies and disclaimers . If you do not agree with these policies and disclaimers, you must discontinue using this site and our service immediately.
§ 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
§ 15 – LIMITED LIABILITY
Our Website is committed to ensuring continuity of the Services on the Site. However, our site assumes no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the Site or Services. The Site declines responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the Internet, the Site or any Service.
The Service depends on some key features of TradingView which are beyond our control.
We are not responsible for any disservice or permanent interruption caused by updates of TradingView.
To the extent permitted by applicable law, in no event shall we be liable for any loss or damage arising from use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline.
In no event shall the Company or any of its directors, officers, employees or agents be liable for any damages whatsoever to you, including, without limitation, indirect, incidental, consequential or punitive damages arising out of or related to the use of the Site or the Services, including, without limitation, the quality or the usefulness of information provided through or as part of the Site or any investment decision-making on the basis of the information, whether the damages were predictable or not and whether or not the operators of the Site have been acquainted with the possibility of such damages.
Limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event shall our cumulative liability to you exceed the amount of money you transferred or deposited in your account on the Site in connection with the transaction giving rise to such liability.
TradingCanyon may suspend the operation of the Website / Server / Service for repair or maintenance work or in order to update or upgrade its content or functionality from time to time. We do not warrant that access to or use of the Website / Server / Service or of any Website / Server / Service’s or pages linked to it will be uninterrupted or error free.
§ 16 – PAYMENTS AND REFUNDS
When purchasing a subscription, or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow TradingCanyon to store such payment information and agree to the following policies and procedures for payment of subscription, or other periodic fees related to the Site.
§ 17 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
§ 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TradingCanyon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Trading requires good knowledge of financial markets, trading techniques and strategies. You should understand that while trading you will compete with other market professionals, licensed traders and those employed by trading firms. In addition to normal market risks, you may experience losses due to system failures. Trading also may result in paying large commissions. The total size of commissions that you pay on your trades may significantly add to your losses or significantly reduce your earnings. Trading of forex, derivatives and other investment products that are leveraged, can carry a high level of risk, and may not be suitable for all investors.
Before deciding to trade you should carefully consider your objectives, financial resources, needs, your level of experience and other circumstances. We recommend you seek advice from an independent financial advisor before going into real trading.
Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
By using our Website, you also agree to accept its policies and disclaimers . If you do not agree with these policies and disclaimers, you must discontinue using this site and our service immediately.
Here you find latest version of our Disclaimer.
§ 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TradingCanyon and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
§ 20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
§ 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
§ 22 – TESTIMONIALS DISCLAIMER
In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:
§ 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
§ 24 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of European Union (and should be governed by law of country where service provider has his habitual residence).
§ 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
§ 26 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].