Terms of Use – BetterTrades.tv

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE ANY OF BETTERTRADES PRODUCTS OR SERVICES OR BECOME A MEMBER OF BETTERTRADES

Long Term - Short Term Inc. ("we," "us") provides the BetterTrades web publications, as well as other products and services (collectively, "BetterTrades Products"), subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement and the Terms of Use Agreements for the particular BetterTrades Product(s) you use. By using any BetterTrades Products, visiting the BetterTrades websites or becoming a member of BetterTrades, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use any BetterTrades Products. You must be at least 18 years of age to use any BetterTrades Products. If you are not at least 18 years old, please do not access or use any BetterTrades Products.

This Agreement is made between BetterTrades and you, the user of any BetterTrades Products ("you"). We reserve the right at any time to:

Change the terms and conditions of this Agreement;
Change any Bettertrades Products, including eliminating or discontinuing any content or feature of any of the Bettertrades Products, or
Change any fees or charges for use of any Bettertrades Products

Any changes we make will be effective seven (7) days after notice of change is provided to you, which may be done by means including, without limitation, posting on our websites or via electronic mail. Your use of any BetterTrades Products after such notice will be deemed acceptance of such changes. Our business changes constantly. These Terms of Use may change also. You should check our websites frequently to see recent changes.

LEGAL DISCLAIMER

Long Term – Short Term and BetterTrades™ are not registered broker-dealers. You understand that the material provided in BetterTrades Products is for informational purposes only, and that no mention of a particular security in any BetterTrades Product constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any BetterTrades Product may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that any BetterTrades Product may contain opinions from time to time with regard to any securities mentioned in other BetterTrades Products, and that those opinions may be different from those obtained by using another BetterTrades Product (such as news). You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In addition, information providers may be subject to certain trading restrictions. However, you understand and agree that at the time of any transaction that you make, one or more information providers or their affiliates may have a position in such securities.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made in marketing materials to prior articles and opinions that have been published on our website. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

When U.S. exchanges are open, stock and fund quotes (other than those obtained through the real-time quote services available to users of certain BetterTrades Products) are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.

CODE OF CONDUCT

While using any Bettertrades Product, you agree not to:

Restrict or inhibit any other visitor or member from using any Bettertrades Product, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any BetterTrades websites
Use any Bettertrades Product for any unlawful purpose
Express or imply that any statements you make are endorsed by us, without our prior written consent
Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us)
Engage in spamming or flooding
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any Bettertrades websites
Remove any copyright, trademark, or other proprietary rights notices contained in a Bettertrades websites
"Frame" or "mirror" any part of Bettertrades websites without our prior written authorization
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any Bettertrades Product or its contents
Harvest or collect information about visitors to or members of Bettertrades without their express consent, or
Permit anyone without an account or subscription to use any Bettertrades Product through your subscription, user name or password

While using Bettertrades Products you agree to comply with all applicable laws, rules and regulations.

MEMBERSHIP AND SUBSCRIPTION

Registration

BetterTrades does not currently require users to become members of BetterTrades in order to have access to free commentary, analysis and news from our websites, however, if you would like to receive one or more of our free email newsletters, we must require you to register to become a member. In order to register as a member, you must choose a unique User Name and Password, and supply us with your email address, zip code, and a daytime telephone number (optional) where we can reach you. You agree that the information you provide will be accurate and complete and that you will update us if it changes. You can enter any changes using our Contact Form. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement. Please note that we may refuse to grant you a User Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, or is vulgar, offensive, or might cause confusion, as determined by us in our sole discretion.

Subscribing to Premium Services

If you would like access to one or more of our premium subscription-based services, we require you to register as a member of BetterTrades. You will then need to supply us with the information specified on the appropriate registration form. Again, you must provide us with accurate and complete information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of our premium services.

You agree not to transfer or resell your use of or access to any premium service to any third party. If you are a subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify our customer service department by email at support@bettertrades.com, or by telephone at 1-800-676-4410, between the hours of 9:00 a.m. and 5:00 p.m. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Renewal and Cancellation Information

For renewal and cancellation information relating to a particular BetterTrades Product, please see the appropriate Terms of Use for that BetterTrades Product.

Termination

This Agreement shall remain effective until terminated in accordance with its terms. Bettertrades may terminate this Agreement, and/or your access to and use of any Bettertrades Products, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.

OTHER WEBSITE FEATURES

Submissions and Postings

Because BetterTrades occasionally hosts forums on our websites and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting such Materials to any area of our websites, you grant us and our designees a worldwide, non-exclusive, sub licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any forum on our websites shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

OTHER LEGAL MATTERS

Ownership and Restrictions on Use

©2001-2008 BetterTrades All rights reserved. Our websites are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not republish, upload, post, transmit or distribute materials from our websites in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using any BetterTrades Product.

"BetterTrades" and other marks are trademarks and/or service marks of Bettertrades. All other trademarks, service marks, and logos used on our websites are the trademarks, service marks, or logos of their respective owners.

Jurisdictional Issues

Our products and services are directed solely to individuals residing in the United States. We make no representation that materials provided in BetterTrades Products are appropriate or available for use in other locations. Those who choose to access any BetterTrades Products 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 BetterTrades Products and/or the provision of any service or product described therein 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 or product that we provide.

Links to Other Websites

Our products and services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Disclaimer of Warranties

BETTERTRADES PRODUCTS AND SERVICES, THE MATERIALS ON OUR WEBSITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR WEBSITES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTERTRADES, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEBSITES. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. BETTERTRADES AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF ANY BETTERTRADES PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL BETTERTRADES PRODUCTS OR THE SERVER(S) UPON WHICH OUR WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEBSITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF BETTERTRADES PRODUCTS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BETTERTRADES OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF BETTERTRADES PRODUCTS, THE MATERIALS ON OUR WEBSITES AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITES ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that BetterTrades Products could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to our websites. Although we attempt to ensure the integrity of our websites and other products and services, we make no guarantees as to the completeness or correctness of any BetterTrades Product. In the event that such a situation arises, please contact us at Support@BetterTrades 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 practical.

Limitation of Liability

NEITHER LONG TERM - SHORT TERM, BETTERTRADES, NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY BETTERTRADES PRODUCTS AND/OR CONTENT CONTAINED IN ANY BETTERTRADES PRODUCTS, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH OUR WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY BETTERTRADES PRODUCTS IS TO STOP USING THEM. 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 BY YOU, IF ANY, FOR ACCESS TO ANY BETTERTRADES PRODUCTS.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our websites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any BetterTrades Product.

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Nevada, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all BetterTrades policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. We reserve the right to require you to sign a non-electronic version of this Agreement.