TRADERCAST WEBSITE TERMS AND CONDITIONS

  1. WEBSITE TERMS OF USE

    By accessing or using the www.tradercast.com website (the "Site"), you acknowledge and agree to the disclaimers and terms and conditions ("Terms") set forth below. Please ensure that you (referred to as the "User", "you" or "your" in these Terms and Conditions) read these Terms and Conditions with care. If you do not agree to these Terms and Conditions, you should not use the Site. These Terms and Conditions apply to your use of the Site, which is operated and owned by Active TraderCast Limited, an Irish company located at Activate TraderCast Ltd, 48 Fair Street, Drogheda, Co. Louth, Ireland. (“TraderCast”, "We", and/or "Us"). You must be 18 years of age to become a member of the TraderCast service. The member who created the TraderCast account and whose Payment Method is charged is referred to here as the “Account Owner” or a “Member” having a “Membership”. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting the revisions on the Site. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualised notice of such changes. By using the Site, whether as a guest or a registered user, you agree to be legally bound by these Terms just as if you had signed this agreement. These Terms may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to these Terms. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them. From time to time, access to some parts of the Site, or the entire Site, may be restricted to registered users and further terms and conditions shall apply to such registered users, which the User will be asked to accept within the relevant pages. From time to time TraderCast and any of its officers and employees many, to the extent permitted by law, have a position or interest in the instruments – or derivative of instruments – covered directly or indirectly by our reports.

  2. NO INVESTMENT RECOMMENDATIONS OR ADVICE; RELIANCE ON INFORMATION

    Our website is a financial data and news portal, discussion forum and content aggregator. TraderCast is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Central Bank of Ireland. The services and the information available on or through this Site are only for your general information and use and are not intended to address your particular requirements. IN PARTICULAR, THE INVESTMENT INFORMATION, CONTENT, STRATEGIES, ALERTS, AND MATERIALS ON THIS SITE (THE "INVESTMENT INFORMATION") IS IN THE NATURE OF GENERAL INVESTMENT RESEARCH AND DATA AND IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE INVESTMENT INFORMATION IS NOT PERSONALISED FOR YOU OR ANY OTHER RECIPIENT, DOES NOT CONSTITUTE ANY FORM OF ADVICE OR RECOMMENDATION OR INVESTMENT ADVICE BY US OR OTHER USERS AND IS NOT AND SHOULD NOT BE CONSIDERED TO BE AN INDIVIDUALISED INVESTMENT RECOMMENDATION. SUCH INFORMATION IS NOT INTENDED TO BE RELIED UPON BY YOU IN MAKING (OR REFRAINING TO MAKE) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. Appropriate expert independent advice should be obtained before making any such decision. You bear all risks from any use or results of using any services and/or information on this Site. TraderCast is a research company and social network platform for retail traders and investors that specialises in producing statistical observations on key financial instruments. These instruments may include shares, rolling spot foreign exchange contracts, commodity futures, contract for differences, futures and government and public securities. We will not arrange any transactions on your behalf. We do not moderate the discussion forums, chat rooms, user generated content or other interactive areas or services (the "Interactive Areas") of the Site, and if you receive any individualised investment recommendations or investment advice directly from any third parties in connection with such Interactive Areas’ features, you acknowledge that any such recommendations or advice have not been authorised by us and are not part of the Site or the services offered through the Site. The Investment Information on the Site is provided "AS IS" without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TRADERCAST IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE ACCURACY, COMPLETENESS, QUALITY, RELIABILITY OR USEFULNESS OF ANY INVESTMENT INFORMATION OR THE RESULTS OBTAINED FROM ANY INVESTMENT INFORMATION. The type of strategies mentioned on the Site may not be suitable for everyone, and you alone are solely responsible for determining whether any investment, strategy or any other product or service is appropriate or suitable for you, based on your investment objectives and personal and financial situation. You should consult an independent financial advisor, attorney or tax professional regarding your specific investment, legal or tax situation. We may offer valuation tools; these are solely for information and educational purposes so that users can easily run their own valuations. The pre-defined values are simply a starting point based on global assumptions that we have applied across the entire market - you should amend the values as you see fit and not regard them as a substitute for your own judgment. Any resulting valuation outputs are necessarily generic and are not endorsed for a given stock by TraderCast. Any arrangements between you and any third party contacted via the website are at your sole risk.

  3. INVESTMENT WARNINGS

    We would like to draw your attention to the following important investment warnings.

    • 3.1 The value of shares and investments and the income derived from them can go down as well as up;
    • 3.2 Investors may not get back the amount they invested – substantial losses are a real risk;
    • 3.3 Past performance is not a guide to future performance;
    • 3.4 Some instruments, such as derivatives, may be disproportionately impacted by changes in the underlying instruments on which they are based, and as such are particularly high risk investments; and
    • 3.5 Price discovery and liquidity of some instruments may, from time to time, be impacted by market conditions, making it hard to deal in those instruments or ascertain their correct market value.

  4. BROADCASTS

    As part of the Investment Information, a live broadcast will be accessible on the TraderCast website (“TraderCast Broadcast”) from time to time. The TraderCast Broadcast and any other content viewed through the TraderCast website are for your personal and non-commercial use only. During your TraderCast Membership we grant you a limited, non-exclusive, non-transferable licence to access the TraderCast Broadcast on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree to use the TraderCast service including the TraderCast Broadcast, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) content and information contained on or obtained from or through the TraderCast service without express written permission from TraderCast or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TraderCast service; use any robot, spider, scraper or other automated means to access the TraderCast service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TraderCast service; insert any code or product or manipulate the content of the TraderCast service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TraderCast service, including any software viruses or any other computer code, files or programs. The quality of the display of the TraderCast Broadcast may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your internet service and device capabilities and not all content is available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. TraderCast makes no representations or warranties about the quality of your viewing experience on your display.

  5. MEMBERSHIP

    You may choose to subscribe for Membership either on a month-to-month basis or for such other longer periods as we may offer; whichever Membership you choose is referred to as the “Applicable Membership Period” in this document. Your Membership will continue from one Applicable Membership Period to the next Applicable Membership Period unless and until you give us notice as described in para 7 below that you wish to terminate your Membership or if we terminate it. In order to become a Member of the Site you must have internet access and provide us with certain personal details including a current, valid, accepted method of payment on entry to the Site (as such may be updated from time to time "Payment Method") to use the TraderCast service. We will bill the fee for the Applicable Membership Period to your Payment Method. We offer differential pricing based on the length of the Applicable Membership Period for which you subscribe. We reserve the right to modify, terminate or otherwise amend our offered Membership plans. In accordance with your legal rights, you have a right to cancel your Membership within 14 days after the beginning of your first Applicable Membership Period without giving any reason or incurring any penalties. You can cancel your Membership during this ‘cooling off period’ you can use the cancellation form on our website [here – http://tradercast.com/account/cancel, email info@tradercast.com stating your wish to cancel, your name and your account number or, alternatively by including the same details in a letter to Philip Konchar, Activate TraderCast Ltd, 48 Fair Street, Drogheda, Co. Louth, Ireland. To meet this cancellation deadline, it is sufficient for you to send your communications concerning your exercise of the right to cancel before the cancellation period expires. If you cancel your Membership within 14 days after the beginning of your first Applicable Membership Period, we will reimburse you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel your Membership. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

  6. BILLING

    By starting your TraderCast Membership, you authorise us to charge you the Membership Fee for the Applicable Membership Period that is set out on the relevant page of our website. You acknowledge that from time to time we may vary the Membership Fees but will always give you at least one month’s notice of any increases so that you have sufficient time to terminate your Membership if you do not want to pay the increased fees. If your Applicable Membership Period is longer than one month, any price changes will not take effect until the end of the Applicable Membership Period. The Membership fee for our service will be billed at the beginning of each Applicable Membership Period unless and until you cancel your membership. MEMBERSHIP FEES ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE EXCEPT DURING THE INITIAL ‘COOLING OFF’ PERIOD DESCRIBED ABOVE. We normally bill your Payment Method on the calendar day corresponding to the commencement of your Applicable Membership Period. We reserve the right to change the timing of our billing, in particular if your Payment Method has not successfully settled. In the event that your Membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Editing your Payment Method: You may edit your Payment Method information by visiting contacting us at info@tradercast.com.

  7. CANCELLATION

    Subject to your cooling-off rights, as detailed in Clause 5, if you wish to cancel your Membership, you must give at least one month’s notice, with the cancellation taking effect from the end of the Applicable Membership Period during which the notice expires. For example, if your Applicable Membership Period is monthly from the 15th of one month to the 14th of the next month, if you cancel your Membership on February 10th, you will be billed on February 15th and your Membership will end on March 14th. Following any notice of termination, you will continue to have access to the Site through the end of final period for which you are billed. You must cancel your Membership by email giving written notice to info@tradercast.com stating your name and your account number or, alternatively via our online cancellation form http://tradercast.com/account/cancel.

  8. PASSWORDS AND ACCOUNT ACCESS

    The member who created the TraderCast account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the TraderCast account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. BY SHARING THE TRADERCAST SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THOSE INDIVIDUALS WITH WHOM YOU HAVE SHARED YOUR PASSWORD COMPLY WITH THE TERMS AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THESE INDIVIDUALS. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the TraderCast website and not through a hyperlink in an email or any other electronic communication, even if it looks official. TraderCast reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. TraderCast is not obligated to credit or discount a Membership for holds placed on the account by either a representative of TraderCast or by the automated processes of TraderCast.

  9. APPLICATIONS

    You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the TraderCast service. These Applications may import data related to your TraderCast account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and TraderCast is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY TRADERCAST. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

  10. ACCEPTABLE USE OF THE SITE

    It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, TraderCast will not tolerate, and you agree not to engage in, any use of the Site which damages or is likely to damage our reputation or the availability or integrity of the Site, which causes harm of any kind to TraderCast or its users or which causes us or threatens to cause us to incur any legal, tax, financial, regulatory or other liability ("Misuse"). We therefore request you to treat our Site with respect, and you agree not to use the Site for any illegal or improper purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause damage or harm to TraderCast or its users (which shall also constitute Misuse). Without limiting any of the foregoing, you agree not to use the Site or cause or permit the Site to be used:

    • 10.1 to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
    • 10.2 to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
    • 10.3 for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
    • 10.4 to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs;
    • 10.5 to stalk or harass anyone or to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • 10.6 to attack the Site via a denial-of-service attack; or
    • 10.7 contrary to the terms and conditions of any Internet Service Provider you may use.
    Any use of the Site in a manner prohibited in these Terms will constitute Misuse. We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the Site. We reserve the right to suspend the use of the Site generally or block your access to all or any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it at any time and for any reason (or for no reason) including if we suspect Misuse. We reserve the right to report any Misuse of the Site to the relevant enforcement or other authorities and to our legal advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to Misuse of this Site. If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located then this Site is not intended for your use and we ask that you do not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.

  11. INTELLECTUAL PROPERTY

    All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, tools, data, information, and all other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site) (the "Site Materials"), are protected by Irish, United States and international copyright laws, and are owned, controlled or licensed by TraderCast, or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such Site Materials may be used only for viewing the Site in the ordinary course or as a resource for availing of the services offered through the Site. Any other use of the Site or the Site Materials, including any copying, reproduction, modification, sale, distribution, extraction, scraping, data mining, re-utilisation, transmission, re-publication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. TRADERCAST, TRADERCAST, the TraderCast logo and any other company, product or service name, logo or slogan contained in the Site (the "Marks") are trademarks of TraderCast or its suppliers, publishers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TraderCast or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilising such marks without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of TraderCast and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes, companies or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All Site Materials contained in and published on the Site by TraderCast or posted by our users are intended for the non-commercial use of the User. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited licence to access and use the Site and any publicly available Site Materials displayed thereon, except where such use is otherwise prohibited or restricted. However, no rights, title, or interest in any such Site Materials will be granted or transferred to you as a result of any permitted use of such Site Materials. Except where expressly prohibited, you may print off one copy, and may download extracts, of any publicly available page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site. You must not modify the paper or digital copies of any Site Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and/or that of any identified contributors) as the authors of material on the Site must always be acknowledged. You must not use any part of the Site Materials on the Site for commercial purposes without obtaining a licence to do so from TraderCast or our licensors. If you use the Site, the Site Materials or the Marks other than as specifically authorised herein, without the prior written permission of TraderCast, you are in breach of these Terms, and your right to use the Site will cease immediately. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. You must, at our option, return or destroy any copies of the materials you have made. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  12. THIRD PARTY MATERIALS

    TraderCast may provide, or may provide access or links to, third party information, content, products, services, strategies, or other materials on or through the Site (collectively the "Third Party Materials") as a service to those interested in such Third Party Materials. TraderCast does not screen, approve, monitor or have any control over any Third Party Materials and is not responsible or liable for such Third Party Materials in any manner or for any harm caused thereby. You will be solely responsible for any harm, including any damage to your computer system or loss of data that results from the use or download of any Third Party Materials. ALL THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS-IS" BASIS WITH ALL FAULTS. TraderCast does not endorse or adopt any Third Party Materials and can make no guarantee as to the quality, accuracy, completeness, reliability, safety, timeliness or appropriateness of such Third Party Materials. TraderCast does not make any representations or warranties of any kind regarding the Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Users use such Third Party Materials at their own risk.

  13. USER CONTENT

    The Site may include Interactive Areas in which you or other users create, post or store content, messages, materials, data, information, text, or other items or materials on the Site (the "User Content"). You are solely responsible for all User Content you post to the Site, and you agree that all such User Content will comply with the user conduct rules described in the "Acceptable Use of the Site" section of these Terms, including the Code of Conduct. Without limiting the foregoing, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

    • 13.1 User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    • 13.2 User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • 13.3 Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or
    • 13.4 User Content that, in the sole judgment of Tradercast, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site. TraderCast takes no responsibility and assumes no liability for any User Content or for any loss or damage thereto, nor is TraderCast liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, TraderCast is not liable for any statements, representations or User Content provided by its users on the Site. Although TraderCast has no obligation to screen, edit. moderate or monitor any of the User Content posted in any Interactive Area, TraderCast reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. Except to the extent covered by a separate written agreement between you and TraderCast, if you post User Content to the Site, you grant TraderCast and its affiliates a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant TraderCast and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that:
    • 13.5 you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site;
    • 13.6 the User Content is accurate and not misleading; and
    • 13.7 use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

  14. MOBILE SERVICES

    Certain information or services may in time be made available to you through your mobile device (the "Mobile Services"). Except as otherwise specifically provided on the Site, we do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. By explicitly requesting or using any Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device in connection with such requested Mobile Service.

  15. REGISTRATION DATA; ACCOUNT SECURITY

    Certain features of the Site may require that you register before accessing such features. If you register, you agree to:

    • 15.1 provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
    • 15.2 maintain the security of your password and identification;
    • 15.3 maintain and promptly update the Registration Data, and any other information you provide to TraderCast, to keep it accurate, current and complete; and
    • 15.4 accept all risks of unauthorised access to the Registration Data and any other information you provide to TraderCast.

  16. DISCLAIMERS OF WARRANTIES

    We do not warrant that the Site will be continuously available, or that your use of the Site will be uninterrupted or error-free, or that the Site and server will be free from attack. THIS SITE, THE SITE MATERIALS (INCLUDING ALL USER CONTENT AS DEFINED BELOW) AND ALL PRODUCTS AND SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRADERCAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE, THE SITE MATERIALS AND ALL PRODUCTS AND SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE. NEITHER TRADERCAST, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TRADERCAST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE MATERIALS OR ANY THIRD-PARTY SITE ACCESSED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. WE DO NOT WARRANT THAT THE SERVICES OR INFORMATION PROVIDED ON OR THROUGH THIS SITE WILL BE CORRECT, COMPLETE, ACCURATE, ADEQUATE, UP-TO-DATE OR FIT FOR ANY PARTICULAR PURPOSE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. YOU ARE RESPONSIBLE FOR VALIDATING THE INTEGRITY OF ANY INFORMATION RECEIVED OVER THE INTERNET. These disclaimers apply to the fullest extent permitted by law.

  17. ADVERTISING

    Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. TraderCast will not be responsible for any error or inaccuracy in advertising materials.

  18. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) TRADERCAST AND ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT) OR CONTRACTS, INCOME OR REVENUE, GOODWILL, ANTICIPATED SAVINGS, DATA OR OTHER INTANGIBLE AND/OR ECONOMIC LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:

    • 18.1 THE USE OR THE INABILITY TO USE THE SITE;
    • 18.2 THE USE OF, INABILITY TO USE, OR RELIANCE UPON ANY CONTENT OR OTHER SITE MATERIALS ON OR OFFERED THROUGH THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE;
    • 18.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    • 18.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; AND/OR
    • 18.5 ANY OTHER MATTER RELATING TO THE SITE.
    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRADERCAST, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, DIRECTLY TO TRADERCAST IN CONNECTION WITH THE SITE AND THE SITE MATERIALS. The foregoing does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this Site.

  19. LINKS

    The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TraderCast of the content on such third party websites. TraderCast is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.

    TraderCast generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Other than to the Site’s homepage, written permission is required for links to pages within the Site. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.

  20. GOVERNING LAW

    Nothing on this website or any part thereof is intended to constitute an offer or solicitation to buy or sell investments in any jurisdiction. The Site has been created and is controlled by Active TraderCast Limited in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of Ireland. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of Ireland. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you live in a country where access to the services provided by the Site is prohibited, you must not register with us or attempt to use our services. Should Tradercast become aware of any Account Owner accessing the Site from a country in which the access to the services provided by the Site is prohibited, Tradercast reserves the right to close such Account.

  21. PRIVACY

    We are committed to protecting your privacy and security. All Personal Data that we collect from you will be processed in accordance with our Privacy Policy http://tradercast.com/privacypolicy. You should review our Privacy Policy, which explains how we collect, use and disclose personal information. In accessing this Site the User accepts that electronic mail passing over the Internet may not be free from interference by third parties. In consequence, TraderCast cannot guarantee the privacy or confidentiality of any information relating to the User passing over the Internet. The User shall be responsible for your communications to this Site, including its lawfulness, truthfulness and accuracy.

  22. REPEAT INFRINGER POLICY

    TraderCast has adopted a policy of terminating, in appropriate circumstances and at TraderCast's sole discretion, the access of Users or Account Owners who are deemed to be repeat infringers. TraderCast may also at its sole discretion limit the access to the Site and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  23. COMPLAINTS

    If you believe that any material on this Site infringes upon any copyright which you own or control, or that any link on this Site directs users to another Site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Agent Designated to Receive Notification of Claimed Infringement:

    Phillip Konchar
    Full Address of Designated Agent to Which Notification Should be Sent:
    Activate TraderCast Ltd, 48 Fair Street, Drogheda, Co. Louth, Ireland.
    Telephone Number of Designated Agent:
    +353 87 966 0155
    E-Mail Address of Designated Agent:
    info@tradercast.com

    We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. Should you have any other complaints or comments in relation to the website, please direct all correspondence to: The Compliance Officer, Activate TraderCast Ltd, 48 Fair Street, Drogheda, Co. Louth, Ireland.

  24. TERMINATION

    TraderCast reserves the right, without notice and in its sole discretion with or without cause, to terminate the Site or to suspend or terminate your ability to use the Site, and to block or prevent future your access to and use of the Site.

  25. ADDITIONAL TERMS

    If any provision of these Terms shall be 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 provisions. Our failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of those or any other rights or remedies. These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. We reserve the right to assign or transfer its rights and obligations under these Terms.

  26. CONTACTING US

    If for any reason you wish to contact us, we can be reached at: Activate TraderCast Ltd, 48 Fair Street, Drogheda, Co. Louth, Ireland.