The following terms and conditions (“Terms of Service” or “TOS”) govern all use of the DeMark 9-13® indicator script (“9-13” or “Indicator”) along with any future protected indicator script that may be added in the future on tradingview.com or any other websites owned, operated or controlled by TradingView, Inc. (“TradingView”), and any associated products and services available via TradingView (collectively with the Sites the “Service(s)”).
In these Terms of Service, “you” or “your” means the person accepting these Terms and the company (if any) on whose behalf he/she is action, and “we,” “us,” “our,” “DeMARK,” means DeMARK Analytics, LLC. The TOS describe your rights and responsibilities and form a legally binding agreement between DeMARK and you with respect to your use of the Services. By using or accessing any part of the Services, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, you must not use or access the Services. If you are entering into these Terms of Service on behalf of a company, you represent that you have the authority to bind that company to the terms of these Terms of Service. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these TOS at any time. Your continued use of the Services following the posting of any changes to these TOS constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Service may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms of Service, those additional terms and conditions will control. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by DeMARK Analytics and shall be of no force or effect.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND A WAIVER OF RIGHTS TO BRING CLASS ACTION CLAIMS AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF SERVICE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE.
Certain Services are available only to authorized users and require you to be permissioned for use. If you chose to be a user (a “Subscriber”) you confirm you agreement to be legally bound by these Terms of Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you provide any false or incomplete information, or DeMARK has reasonable grounds to suspect that such information is false and/or incomplete, DeMARK has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
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Any opinions, news, research, analyses, prices, or other information presented by DeMARK are provided as general market commentary and do not constitute investment advice. You acknowledge that you enter into any transactions relying on your own judgment. Opinions expressed by our company’s representatives regarding the prices of specific currencies and the direction they will take in the future do not necessarily represent the opinion of DeMARK, Thomas DeMark, and/or their personnel, and are not guaranteed in any way. In no event shall Thomas DeMark or DeMARK Analytics and/or any affiliates be held liable for losses incurred in connection with any decision made by any party based on information provided verbally, in writing or via the internet by our staff, or any delays, inaccuracies, errors, or omissions in or relating to such information.
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It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems. Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
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In each case of the above cases, this license will continue until the content has been fully deleted.
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Charts used on this site are by TradingView in which the 9-13 study is build and can be accessed.
TradingView® is a registered trademark of TradingView, Inc. www.TradingView.com. TradingView® and DeMARK share no common ownership and are not affiliates. DeMARK offers no warranties around the Charts, Data, Web Site or any other tools or services offered by TradingView.
DeMARK may provide incentives to third party individuals, companies or websites for promotional or sales related services. DeMARK does not monitor, own or control such third parties and is not responsible for what they might promote, offer or say. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that DeMARK shall not be held liable for any promotional, trading activities or other activities that occur by any third party or on any website that may discuss or promote 9-13 or DeMARK. We do not endorse the content or services offered by these third parties. Any dealings that you have with such third parties are between you and the third party and you acknowledge and agree that DeMARK is not liable for any loss or claim you may have against an advertiser.
Unauthorized soliciting of the DeMark Indicators or 9-13 may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages in DeMARK’s sole discretion.
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You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Service will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Service have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with this TOS. Should you choose to access content from the Service, you must do so in accordance with the TOS and any applicable license agreement. Such access is licensed to you by DeMARK only for your own personal, non-commercial use in accordance with the TOS and does not transfer any other rights to you.
You are responsible and liable for all uses of the Service and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of any user you have authorized to use your account (“Authorized User”), and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Service and shall cause Authorized Users to comply with such provisions.
The information displayed by Tom DeMark, DeMARK Analytics and its employees is not meant to be, and does not constitute financial, investment, trading, or other types of advice or recommendations supplied or endorsed by DeMARK.
Any statement of view is the author’s personal opinion and DeMARK makes no representations or warranties as to the accuracy or completeness of any information or analysis provided.
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▫ That violates these Terms of Service or any other applicable terms and policies that apply to your use of the Service.
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If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our Services, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. In the event of any such suspension or termination and we have to refund any amounts to TradingView, you agree to pay for any such refunded amounts.
DeMARK may terminate your access and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 years old.
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(b) Termination. In addition to any other express termination right set forth in this Agreement or Order Form:
(i) DeMark may terminate this Agreement, effective immediately, if Customer fails to pay any amount when due; (B) breaches any of its obligations under Section 1 or Section 5; (C) has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (D) for any other reason as it determines in its sole discretion.
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This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding) (“Arbitration Agreement”). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt-out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and DeMARK, you will first contact DeMARK and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of DeMARK’s services and/or products, including the Service, or relating in any way to the communications between you and DeMARK or any other user of the Service, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and DeMARK. However, this Arbitration Agreement does not (a) govern any Claim by DeMARK for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this Arbitration Agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DeMARK are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
Any arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. The laws of the State of Arizona, U.S.A. will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and DeMARK each waive any right to a jury trial.
The TOS shall be governed and construed in accordance with the State of Arizona, without giving effect to conflicts-of-law principles thereof. Notwithstanding Paragraphs 17 and 18, you agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona with respect to any legal proceedings that may arise in connection with the Service, DeMARK, or any other subscribers/users of the Services or from a dispute as to the interpretation or breach of the TOS.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless DeMark Analytics, LLC and each of its managers, members, officers, agents, employees, third party content providers and attorneys for any loss, liabilities, claims, demands, damages, costs or expenses, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of or related to (i) your access to and use of the Services; (ii) your breach or violation of any term, condition, representation or warranty contained in the TOS; (iii) your violation of state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any intellectual property, proprietary, or privacy right of any third party; and (iv) any inaccuracies or falsehood in the content you post on the Services, including but not limited to, content concerning individuals, companies, securities, or valuations and financial analyses thereof. This indemnity shall survive any termination or cessation of use by you of the Service. Without limiting the generality of the foregoing, you agree to indemnify, and hold DeMARK harmless for any improper or illegal use of the Services, including the illegal or improper use of your account by someone to whom you have given permission to use your account.
You hereby agree that DeMARK would be irreparably damages if these Terms of Service were not specifically enforced, and therefore you agree that DeMARK shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as DeMARK may otherwise have available to it under applicable laws.
DeMARK works constantly to improve our Services and develop new features to make our Services better for you and our community. As a result, we may need to update these TOS from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Services, and/or to comply with applicable law. Once any updated Terms are in effect, you will be bound by them if you continue to use 9-13 or our Services.
We hope that you will continue using our Services, but if you do not agree to our updated Terms your sole remedy is to cancel your subscription and cease all use of the Services.
If any paragraph of these TOS, or the application thereof, shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, such paragraph shall be modified or interpreted by the court so as to reasonably effect the intent of the parties and the parties shall replace any such invalid or unenforceable provision with valid and enforceable paragraph(s) that are consistent with the modification or interpretation made by the court. If any paragraph of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining paragraphs. All other paragraphs of these TOS shall remain in full force and effect.
The failure of DeMARK to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
This Platform is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
DeMARK and its managers, members, employees and agents may trade or hold positions in any securities or commodity futures mentioned or discussed by DeMARK with respect to its products or services.
This Agreement constitutes the sole and entire agreement of the Parties with respect to the use of the Services and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Any purchases or subscription payments are not subject to refund except at the sole discretion of DeMARK. In the event of any inconsistency between the statements made in the body of this Agreement and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, this Agreement, and (ii) any other documents incorporated herein by reference.
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