Subject to and in compliance with the terms and conditions set forth herein, AugurWorks may provide its users with access via AugurWorks Portfolio to:
- Free content including text messages, blogs and forums, emails, webinars (the “Free Service”), User-Generated Content (the “Free Service”), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”); and
- Subscriber content including test messages, blogs and forums, Third-Party Content, emails, webinars and conference calls and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (the “Subscription Service”).
The Subscription Service and the Free Service are collectively referred to herein as the “Services”.
You also understand and agree that the Services may include certain communications from AugurWorks, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Current applicable subscription rates for any Subscription Service, and information regarding subscription rates, can be found on our website. Your subscription terms related to billing and renewal will vary from those set forth below in Sections 4 and 5; if You have any questions about billing (including cancellation or renewals), please contact our Customer Service Department by email at firstname.lastname@example.org.
1. Changes to the TOU and Our Services
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services ;or
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TOU will be effective immediately after we post the modified TOU on the AugurWorks website. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Subscription Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our TOU frequently
2. Important Disclaimer Regarding the Information We Provide
AugurWorks is a publisher. Augurworks is not registered with the U.S. Securities and Exchange Commission or any state as an investment adviser or broker-dealer. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the providers of our Services, or their affiliates, will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact us seeking personalized investment advice, which we cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Before selling or buying any investment, You should consult with a qualified securities professional.
Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
Third-Party Content is not subject to AugurWorks’ investment policy. AugurWorks makes no representations regarding Third-Party Content, nor is AugurWorks liable for Third-Party Content.
Subscription Services are subject to additional disclosures and/or restrictions, as set forth below:
- AugurWorks products provide intraday trading action suggestions based on complex algorithms and models. Each product is available for informational purposes only. The information contained in our products has been obtained or derived from sources believed to be reliable, but we cannot guarantee its accuracy and completeness. Our models do not replace good trading and investment practices. You should not rely solely upon our products for purposes of transacting in securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified securities professional before you make any investment. None of the information contained in our products constitutes, or is intended to constitute a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. Trading in any security can result in immediate and substantial losses of the money invested. It is recommended that you only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction.
- AugurWorks may actively trade using our model outputs. We use the same information published for the Subscription Services. Therefore, we do not have any timing advantage over our top tier subscribers. However, we do have access to the raw data outputs of the models. Records of our trading are not available.
- AugurWorks relies on 3rd party services to compute the model results for the Services. We cannot control the level of services from 3rd Parties and do not guarantee our Services will not be interrupted. If our Services are interrupted, we will make every effort to restore our Services as fast as possible.
3. Registration and Privacy
In order to gain access to our Services, You must supply us with true, accurate, current and complete information about yourself, as required on the registration page. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
- You may not transfer to or resell Your use of or access to the Services to any third party;
- You are responsible for all activities that occur under Your account;
4. Cancellation of our Subscription Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A SUBSCRIPTION SERVICE. During the free-trial portion of Your subscription, if any, You may cancel Your subscription to the Subscription Service at any time and not be billed by notifying our Customer Service Department by email at email@example.com. You must cancel one (1) day before the free trial period expires in order to avoid being converted to a paid subscription. Please note:
- Upon the commencement of Your initial subscription (which occurs at the expiration of Your free trial, or if You are not receiving a free trial, upon Your registration for a subscription) Your credit card will be billed the applicable subscription fee and Your paid subscription will commence.
- Monthly Subscribers – If You are a monthly subscriber and you cancel Your monthly subscription, You will NOT receive a refund or reimbursement of Your monthly subscription fee; however, You will not be charged any future monthly subscription fees.
- Other Subscribers – If You are a subscriber for a term longer than a month (including annual subscriptions) and you cancel within the first thirty (30) days of Your initial subscription, You may receive a refund of Your subscription fee minus the equivalent of one month pro-rated charge. Please note that if You cancel Your subscription at any time after the first thirty (30) day period of Your initial subscription, You will not be entitled to any refund, reimbursement, or other credit on account of the cancellation of Your subscription, regardless of whether you have used your Subscription.
- You can cancel Your subscription by contact our Customer Service Department by email at firstname.lastname@example.org. You may not cancel a subscription by any other means. If you are entitled to a refund we will seek to credit Your account within 7-14 business days following Your call.
5. Renewal for our Subscription Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR OUR SUBSCRIPTION SERVICE. Your subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription by emailing our Customer Service Department at email@example.com. You must notify us at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew Your subscription by any other means. If You do not notify us as described above, the then-applicable monthly, periodic or annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed). Please note, in connection with recurring billing for subscription renewals, You authorize AugurWorks to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the credit card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your account (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all of our attorneys’ and collection agency fees.
6. AugurWorks Proprietary Rights
The Services and the content distributed and published through the Services, is the property of AugurWorks and/or its licensors. You acknowledge that You do not acquire any ownership rights by using the Services.
7. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the Services, You agree not to:
- Use the Services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
- “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
- Harvest or collect information about users of the Services without their express consent.
You also agree that at all times You will:
- Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
- Waive any and all rights against AugurWorks and hold AugurWorks harmless in connection with any claims relating to any action taken by AugurWorks as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; or
- Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
8. Disclaimer of Warranties
The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, AugurWorks, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
AugurWorks and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. AugurWorks and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of AugurWorks or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. AugurWorks and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable.
Under no circumstances shall AugurWorks be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
9. Limitation of Liability
NEITHER AUGURWORKS NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH THE SERVICES, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless AugurWorks, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
AugurWorks reserves the right to restrict, suspend or terminate Your use of and registration on any of its websites and Services at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. AugurWorks reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of AugurWorks, Your membership in the Subscription Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee paid by You.
You may terminate Your user account, and any associated email address and access to the Services by submitting such termination request to us.
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to AugurWorks’ net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase. The TOU, together with all AugurWorks policies referred to herein, constitutes the entire agreement between You and AugurWorks relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between You and AugurWorks are governed by and construed in accordance with the laws of the State of Delaware.
13. Legal Notices
We reserve the right to send electronic communications to You for purposes of legal notices and informing you of changes or additions to the Services.