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Prophet's products, services, and data (collectively, "Offerings") are
provided by Prophet Financial Systems, Inc. ("Prophet"), and your use
of the Offerings, or any of them, constitutes your acceptance of this User Agreement
and is subject to it.
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You may use the Offerings only for your personal use. You may not publish,
retransmit, redistribute or otherwise reproduce the Offerings, including but
not limited to the underlying data, in any form, to anyone, whether or not you
accept compensation for doing so. You may save data and charts to your hard
drive or other storage media, and you may print data and charts out onto paper,
and manipulate them in any way you like, provided that you do so for your own
use, and do not distribute the charts or data to others.
To the extent that the ProphetFinance.com website contains bulletin boards,
chat rooms, or other message or communication facilities (collectively, "Forums"),
you agree to use the Forums only to send and receive messages and material that
are proper and related to the particular Forum. By way of example, and not as
a limitation, you agree that when using a Forum, you shall not do any of the
following:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene
or unlawful material or information;
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer;
- Delete any author attributions, legal notices, or proprietary designations
or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a
file that is uploaded;
- Advertise or offer to sell any goods or services or conduct or forward surveys,
contests, spam, or chain letters;
- Download any file posted by another user of a Forum that you know, or reasonably
should know, cannot be legally distributed in such manner.
- Repeat violators (and, at Prophet's sole discretion, one-time violators) are
subject to having their access terminated, without waiver of any other remedies
available at law or equity.
- You acknowledge that all your communications in Forums are public and not
private communications. Further, you acknowledge that chats, postings, conferences
and other comunications by other users are not endorsed by Prophet, and such
communications shall not be considered reviewed, screened, or approved by
Prophet.
You agree that Prophet may monitor your postings to the Forums to comply with
any necessary laws, regulations or government requests, and as reasonably necessary
to protect itself and its users, and for any other legitimate business purpose.
Prophet reserves the right for any reason to remove without notice any contents
of the Forums received from users, including without limitation bulletin board
postings. Prophet reserves the right in its discretion to deny any user access
to this website or any portion thereof without notice.
Prophet reserves the right to change the terms, conditions, and notices under
which this website, the Forums, and the Offerings are made available.
You may not copy or modify Prophet's Java applets or other software, except
as necessary for your personal use of the software consistent with this agreement.
You may make one backup copy for archival purposes of the executable version
of any software that you have purchased from Prophet, and you may use the software
on multiple machines, provided that the software is not used on more than one
machine at any particular time.
Prophet makes reasonable efforts to ensure that the information made available
through the Offerings is accurate and up-to-date. Mistakes and accidents do
happen, though, so before trading, you should confirm the accuracy and timeliness
of information you receive through any Prophet Offering against that provided
by another source.
As a condition of using any Prophet Offering, you agree that Prophet will not
be liable for any damages whatsoever (including but not limited to lost profits,
trading losses and damages) that result from inconvenience, delay or loss of
the use of the Offering, or inaccuracy of the information provided through or
comprising an Offering, even if Prophet has been advised of the possibility
of such damages, and regardless whether the claim for such damages is based
in contract, tort, indemnity, or some combination, or otherwise.
Prophet makes no express or implied warranties (including, without limitation,
any warranty of merchantability or fitness for a particular purpose or use)
regarding information provided through or comprising any Prophet Offering. All
Offerings, including but not limited to the data, are provided to you "as
is." Although they are obtained from sources believed to be reliable, they
are not guaranteed.
This User Agreement will be governed and construed in accordance with the laws
of the State of California, without regard to its conflicts of laws provisions
or those of any other jurisdiction, and by using Prophet's Offerings, or any
of them, you agree that any litigation or other dispute arising out of or relating
to this User Agreement or Prophet's Offerings shall be brought exclusively in
the courts located in Santa Clara County California, and that you consent to
the personal jurisdiction of, and venue in, such courts. In the event of any
dispute arising out of the subject matter of, or to enforce, this User Agreement,
the prevailing party shall recover, in addition to any other damages assessed,
its reasonable expenses, including attorneys' fees and costs, incurred in resolving
such dispute.
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Neither Prophet nor any Prophet Offering is an investment, legal, or tax advisor,
and none of the information available through Prophet Offerings is intended
to provide tax, legal or investment advice.
Nothing provided through any Prophet Offering constitutes a solicitation by
Prophet of the purchase or sale of securities.
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While many services at Prophet are available free of charge, we also offer premium services that require a paid
subscription. Some of these subscription services offer free trials, and you may have one free trial period per
service. However, not all services offer a free trial period, and you may not have full access to the available
data during the free trial period. To continue a subscription beyond the trial period, do nothing and simply
continue to use the service.
Your credit card will be charged monthly for subscription services. Fees are not prorated. To change the credit card
information, please visit the Account Summary page or phone 800.772.8040 (U.S. only) or 650.322.4184.
Some services, such as ProphetLink, will automatically reactivate your account if you resume using the service.
To resume other services, please send email to help@prophetfinance.com
or phone 800.772.8040 (U.S. only) or 650.322.4183.
If you wish to cancel a service, send email to help@prophetfinance.com with
your user name and the name of the service you wish to cancel, or phone 650.322.4183.
You may pay for annual subscription services by credit card or check. To make your payments by check, please
call 800.772.8040 (U.S. only) or 650.322.4183. If you wish to cancel an annual subscription, you will be entitled to
a 75% refund of the fees paid, prorated monthly for the period during which you used the service.
Subscription services offered at this web site entitle you to use the data for personal (non-corporate) use only.
If you wish to use Prophet data for commercial purposes, please send email to partners@prophetfinance.com or phone 650.322.4183.
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