TrendLine Trader Software
TERMS AND CONDITIONS OF USE




Please read the following terms and conditions of use (the "Terms and Conditions") which govern your use of TrendLine Trader Software (sometimes referred to as the "Service") and your relationship with TrendLine Trader Software, Les Schwartz, Inc. and all individuals and companies associated with this Website (collectively referred to as "TrendLine Trader Software" or "We"). If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Summary:

The TrendLine Trader Trading kit consists of the TrendLine Trader Trading Manual the TrendLine Trader Software and the TrendLine Trader Tutorials. You also get unlimited use of our TrendLine Trader software for 30 days.

Our thirty day trial offer applies only to new customers. Previous subscribers may reactivate their account in the  "Manage Your Account" section in the members area of our website. 

If you do not wish YOUR TRIAL SUBSCRIPTION to be renewed automatically, you MUST go to the "Manage Your Account" section of the members area of our website BEFORE DAY 24 and change your status to "Do Not Renew." You will then receive an email when your subscription becomes due. RENEWALS ARE CHARGED 5 DAYS PRIOR TO EXPIRATION. RENEWALS ONCE CHARGED ARE NON REFUNDABLE.

Trial members may qualify for a refund only if they:

1) Disable Auto-Renew within 24 days of the activation of their software by visiting the "Manage Your Account" section in the members area of our website and

2) Return the TrendLine Trader Trading Kit to us in resalable condition.  The return receipt must be dated or postmarked within 31 days of the activation of your software, however, under no conditions, will a refund be made for any TrendLine Trader Trading Kit received by us more than 60 days after the Trading Kit was delivered.

After 30 days, subscriptions to the TrendLine Trader Software are $99/month or $138/month for TrendLine TraderFX .  As a convenience,  MultiCharts subscribers who subscribed through TrendLine Trader will have their subscriptions charged through TrendLine Trader.

All subscriptions automatically renew unless your subscription status is changed in the "Manage Your Account" section in the members area of our website.

Auto-renewals are charged five days before your  subscription expires.

Once charged, subscriptions are non refundable. There are no pro-rated refunds and no exceptions to this rule. You have complete control over your account, renewal status, and may cancel your account in the "Manage Your Account" section in the members area of our website.

If your account is set to auto-renew, failure to cancel your membership or change your billing status before your re-billing date will result in a non-refundable charge for the same subscription plan. The cancellation process is simple. Either go to the "Manage Your Account" area on the member's website, or send an email to support@trendlinetrader.com.  If you choose to cancel by email, your cancellation will not be valid unless you receive a confirmation email from us.

If auto-renewal is disabled you will receive an email approximately 5 days prior to your subscriptions expiration and you will be responsible for notifying us if you wish to extend your membership.

A TrendLine Trader license is for one computer and one charting platform. You may use TrendLine Trader on two computers (i.e a desktop and laptop or a home computer and work computer) using the same charting platform, as long as they are not used simultaneously. If they are used simultaneously, your license will disable and a fee will be charged to re-activate it.

A Lifetime TrendLine Trader License is for one charting platform. You may change platforms, at no charge, one time within the first year. After the first year, or after you have changed platforms one time, the cost to change platforms is 50% of the cost of your lifetime license.

If you have a Lifetime TrendLine Trader License and your charting platform releases an upgrade that requires TrendLine Trader to be extensively re-programmed for the upgraded platform, there is no charge for the new version of TrendLine Trader for those who purchased their Lifetime license within the prior 12-months. After the first year there is a charge of 50% of the current cost of a lifetime license to upgrade to the new version. TrendLine Trader for the older version of your charting platform will still be completely supported (as long as the older version of the charting platform is supported by the charting platform developer) if you do not wish to upgrade.

If you intend to file a fraudulent chargeback claim with your credit card company, you should be prepared to defend your position in court. Les Schwartz, Inc. logs your IP address when you register or enter the "Manage Your Account" section of our website. The new Digital Identity Law gives us the option of using this information to recover damages (including attorney fees) by filing civil charges against anyone who disputes a valid charge with their credit card company.

General Terms and Conditions:

By using TrendLine Trader Software, including any software and content contained on our website, you agree that use of the Service is entirely at your own risk. TrendLine Trader Software is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a very high degree of risk involved in trading securities, futures, currencies, or any trading instrument. Past results of any individual trader published on this Website are not indicative of future returns by that trader, and are not indicative of future returns which be realized by you. We assume no responsibility or liability for your trading and investment results. The indicators, strategies, columns, articles and all other features of TrendLine Trader Software (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. The analysts and employees or affiliates of TrendLine Trader Software may hold positions in the stocks or industries discussed here. You should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. Factual statements in this web page are made as of the date stated and are subject to change without notice.

By using the Information on TrendLineTrader.com and the TrendLineTrader Software, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. TrendLine Trader Software does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, TrendLine Trader Software or other of the purchase or sale of securities or other investmetns.

THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, TrendLine Trader Software DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER TrendLine Trader Software NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TrendLine Trader Software, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Les Schwartz, Inc. is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. TrendLine Trader Software does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Website solely for your personal use or records. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.

We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. The content of this Website may vary depending upon your browser functionality and limitations.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.

Renewal:

All subscriptions are automatically renewing unless we are instructed otherwise.  Once charged, renewals are non-refundable.

Third Party Provided Content:

Stock quotes, charts, news, market update, portfolio tracking and historical information on TrendLineTrader.com are provided by third parties. Daily updates are subject to market fluctuations and are based on the latest quotes received from third-party data contributors and is subject to a 20 minute delay. Market quotes and certain other information on this Website, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional purposes. Neither TrendLine Trader Software nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

User Conduct On TrendLineTrader.com:

While using the Service, you may not:
1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
4. subscription license fees are for single users, violation of single user license use will result in a charge of $500 per occurrence.
5. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. restrict or inhibit any other user from using and enjoying the Service; or
7. offer to sell or buy any security or other investment vehicle to or from any other subscriber; or
8. knowingly violate any laws, including without limitation the Securities Act of 1933 and Securities Exchange Act, or any rule of any securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ/AMEX.
9. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TrendLine Trader Software) or engage in spamming or flooding; or
10. impersonate any other person or entity, or misrepresent your affiliation
11. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.

Links from and to TrendLine Trader Software:

You acknowledge and agree that TrendLineTrader.com and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked Websites. Links to external Websites do not constitute an endorsement by TrendLine Trader Software or its Website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

The links on this Website may provide you with access to other Websites where the trading of securities is possible. You acknowledge and agree that we shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites or any other Website which may be linked to or from TrendLineTrader.com. You acknowledge and agree that the stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that TrendLine Trader Software shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.

Information in the many web pages that are linked to TrendLineTrader.com comes from a variety of sources. Some of this information comes from official TrendLineTrader.com licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to TrendLineTrader.com. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Other Information:

If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold TrendLine Trader Software liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.

Failure to Comply With Terms and Conditions:

You acknowledge and agree that we may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of TrendLine Trader Software, or is otherwise inappropriate for continued access.

You acknowledge and agree that we may, in our sole discretion, deny you access, through TrendLine Trader Software or TrendLineTrader.com, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold TrendLine Trader Software, TrendLineTrader.com and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or through use of this Website or related to any violation of these Terms and Conditions by you or the use of this Website.

By subscribing to TrendLine Trader Software you are acknowledging that you have read this disclaimer, and agree that you are using TrendLine Trader Software for educational purposes only. It is your responsibility to inform TrendLine Trader Software of any changes you wish to make to your subscription/membership.

Miscellaneous:

The Terms and Conditions and the relationship between you and TrendLine Trader Software shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and TrendLine Trader Software each agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.

The failure of TrendLine Trader Software to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.