Last Modified: December 16, 2020
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2. Service Features, Functionality and Availability.
You may use the Service when and as available. Although we generally intend for the Service to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We further reserve the right to change, modify, eliminate and/or restrict or block access to all or any part of the Service, including any features or content displayed or made available through the Service, from time to time with or without notice to you, in our discretion. We will not be liable to you if for any reason all or any part of the Service is unavailable at any time for any period.
3. Accessing the Service and Account Security.
(b) You may browse certain pages of the Service without first registering as a user (a “User”). However, for complete access to the Service, including without limitation, the One Bar Ahead Product, you must register as a User. To register as a User, click . It is a condition of your use of the Service that all the information you provide as part of registering as a User or in connection with your use of the Service is accurate, current and complete.
(c) If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your User account at the end of each session. You should use particular caution when accessing your User account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
You agree that all personal information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice.
5. No Reliance; No Offer or Advice.
FRA makes no representation or warranty that the information on the Service is accurate, reliable, up-to-date or complete. Neither FRA nor any third party can guarantee the accuracy of the information. The Service is provided for informational purposes only and does not constitute and should not be construed as a solicitation or offer, endorsement, or recommendation to acquire or dispose of any investment or to engage in any other transaction whatsoever. Nothing in the Service constitutes, nor should it be construed as, investment, legal, tax or other advice of any nature whatsoever and it should not be relied on in making an investment or other decision. You should obtain relevant and specific independent professional advice before making any investment or other decision. You hereby agree that you will not hold FRA responsible at law or in equity for any decisions of whatever nature you make or refrain from making in connection with your use of the Service. You further specifically acknowledge and agree that:
(a) FRA is a publishing company dedicated to providing innovative research for extraordinary times and fintech development. FRA is NOT a United States Securities Dealer or Broker, or U.S. Investment Adviser, nor a registered trader, dealer, or broker of ANY jurisdiction and or country. Further, FRA’s principal, Keith Fitz-Gerald, is an independent market researcher, analyst and subject matter expert. His opinions are his own and he does not accept compensation in any form from any company or companies he reviews.
(b) All investing has inherent risks, and it is impossible to guarantee future results or profits. You understand and agree that past performance does not assure future results and that you can lose some or all your money in any investment. You understand and agree that the content does not constitute a specific recommendation of any particular investment, security, portfolio, transaction, or strategy, nor that any specific course of action is suitable for any specific person, including you.
(c) FRA’s products and services are general in nature and are not tailored to individual financial circumstances, trading background, or experience. Neither FRA nor any of its staff, analysts or other personnel will provide you any personalized investment advice, and you therefore agree that you shall not solicit or attempt to obtain any such advice from FRA, or from any of its staff, analysts or other personnel.
(d) While FRA’s staff and/or personnel may own positions in certain securities mentioned in or on the Service, such ownership does not constitute an endorsement or recommendation of any such securities. You are advised to consult qualified investment and financial professionals before making any financial, investment, or trading decisions. It is your money and your responsibility.
(e) FRA uses various methods to evaluate investments and trading opportunities which may, at times, produce contradictory recommendations with respect to the same securities. When evaluating the results of prior recommendations or performance rankings or scoring, you should also consider that FRA may modify the methods it uses to evaluate investment opportunities from time to time. For this and for many other reasons, the performance of past recommendations or investments is not a guarantee of future results or that you will obtain similar results.
6. Disclaimer of CFTC Rule 4.41.
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown in any hypothetical or simulated trading program.
7. Intellectual Property Rights.
(b) Your Content.
(4) You are responsible for keeping appropriate copies and records of Your Content. FRA has no obligation to back-up or maintain Your Content, and FRA takes no responsibility and assumes no liability for Your Content, including without limitation any loss or damage thereto.
(c) Systems Data.
Any comments, feedback, suggestions, or ideas (“Feedback”) you provide through the Service may be used by FRA. While you may continue to own all such the Feedback, you hereby grant to FRA a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.
8. One Bar Ahead Product Terms.
(a) If you have registered as a User and have purchased or been granted the right to access and use the One Bar Ahead Product (“Usage Rights”), FRA hereby grants to you, subject to the Usage Rights you have purchased or obtained from FRA, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right and license to: (i) access and use the One Bar Ahead Product for your internal, informational use only; and (ii) use, reproduce, distribute and copy (but only to the extent authorized herein), without modification, the One Bar Ahead Content (as defined below), solely for your internal, informational use only, in each case, subject to the following terms, conditions and restrictions:
(1) The One Bar Ahead Product may permit users to download, electronically transmit, and/or print certain One Bar Ahead Content. To the extent the One Bar Ahead Product permits the downloading, electronic transmission, and/or printing of One Bar Ahead Content, you have the following rights:
(ii) To the extent the One Bar Ahead Product permits you to download, electronically transmit, and/or print certain One Bar Ahead Content, then the license rights granted in this Section include the right for you to do so, provided that: (a) you must only use the functionality or features provided by the One Bar Ahead Product to download, electronically transmit, and/or print the One Bar Ahead Content; and (b) you may make only a reasonable number of printouts and/or copies of such One Bar Ahead Content, without modification, solely for your internal use.
(iii) Any printouts, emails, or copies of such One Bar Ahead Content shall be specifically attributed to FRA and shall retain FRA’s copyright and/or other proprietary rights notices, in addition to any and all disclaimers and/or limitations included in such One Bar Ahead Content.
(iv) Except as otherwise expressly set forth in this Section, downloading, printing, copying, modifying, distributing or otherwise using the One Bar Ahead Product and/or the One Bar Ahead Content for external commercial purposes, including commercial publication or further resale, is expressly prohibited.
(2) You may only access and/or use the One Bar Ahead Product within the scope of your Usage Rights. For example, certain Usage Rights may be limited to the use of the One Bar Ahead Product by a single user or multiple single users, or impose other prohibitions or restrictions on your use of the One Bar Ahead Product. It is your obligation to know and understand the scope and extent of your Usage Rights. If you exceed the scope of your Usage Rights, you agree: (i) that FRA may invoice you for the additional fees commensurate with any such unauthorized use; (ii) that you will pay such invoice within thirty (30) days of your receipt of the invoice; and (iii) that such remedy is not exclusive of the other remedies available to FRA in connection with such unauthorized use.
(b) You acknowledge and agree that the One Bar Ahead Content is provided for informational purposes only. While commercially reasonable care has been taken in sourcing, compiling, organizing, maintaining and presenting the One Bar Ahead Content via the One Bar Ahead Product, FRA does not warrant or guarantee the One Bar Ahead Content’s completeness, legality, correctness, accuracy, or timeliness. FRA does not provide investment services or investment advice and you acknowledge and agree that: (i) neither the One Bar Ahead Product nor the One Bar Ahead Content constitutes investment services or investment advice; and (ii) you will not rely on the One Bar Ahead Product or the One Bar Ahead Content for making any investments or financial decisions.
(b.1) You acknowledge and agree that One Bar Ahead content is for personal consumption only and that you will not use One Bar Ahead content, products or services for the purpose of providing investment services, investment advice or to otherwise trade in stock, securities or other ownership interests issued by any publicly traded or privately held entity unless you have obtained a Professional Use License directly from FRA. Please click here to contact FRA to obtain such licensing.
(b.2)You acknowledge and agree that nothing in the One Bar Ahead Product or the One Bar Ahead Content is deemed to constitute: (1) information that specifically addresses any specific individual’s investment objectives, financial situation, or the particular needs of any specific person who uses the One Bar Ahead Product and/or accesses the One Bar Ahead Content; (2) the establishment of an advisory relationship; or (3) a transaction in securities for the account of others.
(c) To the extent any data or information provided to you as part of the One Bar Ahead Product is provided in de-identified or aggregated form, you agree not personalize or attempt to personalize any such data or information, identify or attempt to identify the data subjects or sources to whom the data or information relates or from whom the data or information was obtained or otherwise pertains to, or otherwise reconstruct and/or disaggregate the One Bar Ahead Content in any way.
(d) You acknowledge and agree that you may access the One Bar Ahead Content solely via the One Bar Ahead Product in accordance with your Usage Rights. FRA has no obligation to provide or make available the One Bar Ahead Content to you other than through the One Bar Ahead Product.
(e) Subscriptions for the One Bar Ahead Product are for a period of one (1) year, and are billed on annual basis at the time you purchase your subscription. Upon the expiration of your subscription, it will automatically renew for an additional one (1) year period unless you notify us in writing prior to such renewal of your intention that your subscription not renew. Upon such renewal, you authorize and agree that FRA may, without seeking your further permission or consent or providing any additional notice to you, charge the subscription fee using your payment card information currently held on hand by FRA as of the date of the renewal. In order to cancel your subscription or inform us of your intention not to renew your subscription, please contact FRA through the “Contact” page. However, be advised that if you cancel your subscription during any current subscription term, you will not be provided a refund of you subscription fee.
(f) From time to time, FRA may offer introductory pricing at a reduced rate for a specified period of time (“Introductory Offers”). Introductory Offers can only be redeemed by first time subscribers only. If you do not qualify for an Introductory Offer, we reserve the right to reject your order or modify your order to reflect current subscriber pricing, terms and conditions. FRA may determine your eligibility for an Introductory Offer at any time without prior notice and with any liability, to the extent permitted under applicable Law. Once the period of time that is the subject of your Introductory Offer expires, your subscription will, unless you cancel it prior to such expiration, automatically convert to FRA’s standard pricing. Accordingly,you acknowledge and agree that at the end of any subscription period that is the subject of your Introductory Offer, we will automatically and without seeking your further permission or consent or providing any additional notice to you, charge the then current subscription fee using your payment card information currently held on hand by FRA, unless you provide a cancellation notice to FRA using the “Contact” page prior to the expiration of the subscription period that is the subject of your Introductory Offer.
9. Your Conduct.
(a) License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Service and/or any FRA Content, whether for profit or without charge;
(b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Service and/or any FRA Content;
(c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Service, any FRA Content, or any FRA software;
(d) Remove any copyright and other proprietary notices placed upon the Service and/or any FRA Content accessible via the Service;
(e) Circumvent any use-limitation or protection device contained in or placed upon the Service and/or any FRA Content, or access or attempt to access any portion of the Service and/or any FRA Content that you are not authorized to access;
(f) Use the Service to execute denial of service attacks;
(g) Perform automated searches against FRA’s systems (except for non-burdensome federated search services), including automated “bots”, link checkers or other scripts, without prior written permission from FRA;
(h) Use the Service or any FRA Content to create products or perform services which compete with or interfere with the Service, any FRA Content, or any other products or services of FRA or its licensors;
(i) Text mine, data mine or harvest metadata from the Service;
(j) Impair or overburden the Service or any servers or systems associated with the Service;
(k) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
(m) Use the Service and/or any FRA Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party;
(n) Introduce to the Service or any other FRA systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(o) Download all or parts of the Service and/or any FRA Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Service and/or the FRA Content, in any form;
(p) Use the Service or any FRA Content to create or develop any competing product or service, or any other product or service that emulates the features and/or functions of the Service and/or the FRA Content; or
(q) Use the Service and/or the FRA Content in connection with life support systems, medical devices, or any application or other high risk activities where failure or malfunction could lead to possible loss of life.
(a) FRA may provide certain paid or free services associated with the use of the Service, in its sole discretion. All fees charged by FRA may be modified or changed at any time in its sole discretion. When your use of the Service requires the payment of a fee, you will have the opportunity to review and accept the fees that you will be charged. If you do not agree to pay the fee, do not proceed with your transaction. Unless otherwise stated, all fees are quoted in U.S. Dollars.
(c) If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, or retaining collection agencies and legal counsel, in our discretion.
11. Third Parties Websites, Materials and Content.
(c) The Service may display or make available, and the FRA Content may include, third party content (including data, information, and/or materials) (collectively, “Third Party Materials”). You acknowledge and agree that FRA is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FRA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
12. Monitoring and Enforcement.
(a) FRA may: (i) disclose your identity or other information about you to any third party who claims that Your Content or any other material posted by you by or through the Service violates their rights, including their intellectual property rights, publicity rights, or their right to privacy; or (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information (including Your Content) of any User posting any materials on or through the Service.
(b) We do not commit to reviewing any of Your Content or any other user content or materials before it is posted or transmitted through the Service, and cannot ensure prompt removal of objectionable material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content, including any of Your Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
13. No Commercial Use; Authorization.
14. NO WARRANTIES. YOU AGREE THAT THE SERVICE AND ALL FRA CONTENT IS PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE VENDORS, AFFILIATES OR AGENTS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FRA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE FRA’S PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE SERVICE OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE SERVICE AND/OR ANY FRA CONTENT IS WITH YOU.
15. LIMITATION OF LIABILITY.
16. EXCLUSIVE REMEDY.
17. Termination or Cancellation.
18. Applicable Law and Exclusive Forum.
20. Notices, Including Our Address for Legal Notices.
(a) We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by posting them on the Service or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Service.
(b) You agree to send us notice by mailing it to “Our Address for Legal Notices” which is 1004 Commercial #365, Anacortes, Washington 98221 USA, or by emailing it to us at firstname.lastname@example.org
22. Agreement; Miscellaneous.
23. No Class Actions.
Each party expressly waives their right to file a class action or seek relief on a class basis. YOU AND FRA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
24. Waiver of Jury Trial.
25. Further Information.
If you would like to receive our legal name and address by email or request any additional information from FRA, please provide us your email address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at the address(es) set forth in Section 19.
26. Notice of Copyright Agent.
FRA respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Service in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Service containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner using the address(es) set forth in Section 19.
Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third party rights.
27. Notice About Trademarks.
ONE BAR AHEAD™ and any associated logos or designs are trademarks of Fitz-Gerald Research Analytics, LLC. All other trademarks and logos on the Service and/or in the FRA Content are the property of their respective owners. All rights are reserved.