Disclaimers
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1) YOUR USE OF THE TRIAGE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TRIAGE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRIAGE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2) TRIAGE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TRIAGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TRIAGE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRIAGE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TRIAGE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRIAGE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIAGE OR THROUGH OR FROM THE TRIAGE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIAGE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TRIAGE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TRIAGE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TRIAGE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PREVIOUS SECTIONS MAY NOT APPLY TO YOU. IN THESE CASES, TRIAGE RECOMMENDS TO THE USER NOT TO APPLY AND PURCHASES TRIAGE SERVICES.
DEALINGS WITH ADVERTISERS, AFFILIATES OR PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Triage Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Triage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Triage Services.
NO CERTIFICATION OR ENDORSEMENTS FROM CERTAIN AFFILIATES OR PARTNERS
Neither TradeStation Technologies nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any product or service that offers training, education or consulting regarding the use of EasyLanguage. Neither TradeStation Technologies nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any trading software tool that is designed to be compatible with the TradeStation Open Platform.
LINKS
The Triage Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Triage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Triage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
TRADEMARK INFORMATION
You agree that all of Triage’s trademarks, trade names, service marks and other Triage logos and brand features, and product and service names are trademarks and the property of Triage Inc. (the “Triage Marks”). Without Triage’s prior permission, you agree not to display or use in any manner the Triage Marks. TradeStation®, OptionStation®, RadarScreen®, EasyLanguage®, PowerEditor® and applicable trademarks referenced in this guide are registered trademarks of TradeStation Technologies, Inc. Neither TradeStation Technologies nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any trading software tool that is designed to be compatible with the TradeStation Open Platform.
CONTENT PUBLICLY SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE TRIAGE SERVICES
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Triage Services (such as, but not limited to forums, chats and sample software code submissions), you grant Triage the following worldwide, royalty-free and non-exclusive license(s), as applicable: 1) With respect to Content you submit or make available for inclusion on publicly accessible areas of Triage Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Triage Services solely for the purposes of providing and promoting the specific Triage Services to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Triage Services and will terminate at the time you remove or Triage removes such Content from the Triage Services. 2) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Triage Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Triage Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Triage Services and will terminate at the time you remove or Triage removes such Content from the Triage Services. 3) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Triage Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Triage Services are those areas of the Triage network of properties that are intended by Triage to be available to the general public. By way of example, publicly accessible areas of the Triage Services would include Triage Message Boards and portions of any support chat pages that are open to both members and/or visitors. However, publicly accessible areas of the Triage Services would not include portions of Triage Services that are limited to the user’s private messaging and information exchange under their own Triage accounts, Triage services intended for private communication such as Triage e-mail or Triage instant messenger services.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Triage Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Triage Services under the laws of the United States, Hong Kong SAR, Macau SAR, Singapore, the United Kingdom, France, Germany, Spain, Italy, Japan, China, Australia, New Zealand, Brazil or other applicable jurisdiction. You also agree that any arbitration or legal actions between you and Triage are under the jurisdiction of Hong Kong SAR. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Triage Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Triage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Triage has the right to suspend or terminate your account and refuse any and all current or future use of the Triage Services (or any portion thereof).
Testimonial
The range of services Triage offers is amazing, and each one of these services has a very important role in the success of any Automated trading. The company as a whole is very proactive - continuously improving and adding to their products.
Their Customer Service is outstanding - they have always acted quickly to help with any questions or problems and they are always willing to improve their services based on Customers feedback. They have always been happy to discuss and address our needs.
Trader, New Zealand.
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* We offer you a thirty (30) days money back guarantee. If you are dissatisfied with your service for any reason, you can request a full refund within the first 30 days of your purchase. [Note: This guarantee does not apply for call credits or installation service.]
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