Chaikin Analytics, LLC

General Terms and Conditions of Use

1. Terms

By accessing the website and software provided by Chaikin Analytics, LLC, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the site and tools. The materials contained in the website and software are protected by applicable copyright and trademark law.

2. Disclaimer

The materials on Chaikin Analytics, LLC’s website and software are provided “as is”. Chaikin Analytics, LLC, makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Chaikin Analytics, LLC, does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website and software or otherwise relating to such materials or on any sites linked to the site.

3. Limitations

In no event shall Chaikin Analytics, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Chaikin Analytics, LLC’s website or software, even if Chaikin Analytics, LLC or a Chaikin Analytics, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The information on the website is provided for information purposes only. The information is not intended to be and does not constitute financial advice or any other advice. The Company is not responsible for any investment decision made by you. Investors should always check with their licensed financial advisor, to determine the suitability of any investment.

4. Revisions and Errata

The materials appearing on Chaikin Analytics, LLC’s web site and software could include technical, typographical, or photographic errors. Chaikin Analytics, LLC does not warrant that any of the materials on its web site and software are accurate, complete, or current. Chaikin Analytics, LLC may make changes to the materials contained on its web site and software at any time without notice. Chaikin Analytics, LLC does not, however, make any commitment to update the materials.

5. Links

Chaikin Analytics, LLC is not responsible for the contents of any site to which it has links. The inclusion of any link does not imply endorsement by Chaikin Analytics, LLC of the site. Use of any such linked website is at the user’s own risk.

6. Site Terms of Use Modifications

Chaikin Analytics, LLC may revise these terms of use for its website and software at any time without notice. By using the website or the software you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

7. Governing Law

Any claim relating to Chaikin Analytics, LLC’s website shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.

8. Cancellation/Refund Policy

For monthly and quarterly subscriptions: all monthly and quarterly subscriptions are final and non-refundable. Subscriptions can be cancelled at any time before the end of the term by email to info@chaikinanalytics.com or phone (877) 978-6257. Upon notification of your cancellation, your subscription will be terminated at the end of the current term. All subscriptions auto-renew unless explicitly cancelled.

For annual subscriptions: subscriptions are non-refundable within the first three months. If you cancel your subscription after the first 3 months, your subscription will be terminated immediately and you are entitled to a refund equal to the amount you paid for the subscription less the current monthly rate multiplied by the number of months you subscribed. Annual subscriptions auto-renew unless explicitly cancelled by the method above.

Four-year subscriptions: are non-refundable and will auto-renew unless explicitly cancelled by the method above.

9. Grant of Rights

Subject to the limitations set out in this Agreement, the Company grants you a non-exclusive, non-transferable right to access and use the website and software for the duration of the membership within the “fair use” provisions of the Copyright Act. The Log-In ID and password assigned to you may not be transferred, assigned or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever. Only one Log-In ID is allowed per individual.

10. Use of the Site’s Content

You acknowledge that the website and software contains or provides access to information, software, advertising and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the “Content”) that may be protected by copyright, trademark or other proprietary rights of the Company or third parties. All Content on the website and in the software is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the website and software are trademarks or registered trademarks of the Company. You acknowledge that the market data information provided is property of the various exchanges and other information providers and therefore subject to modifications from these sources and to all copyright and other interests maintained by the sources. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the website or software. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. You may not download or copy the Content outside of the software and Content consisting of downloadable software may not be reverse engineered. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.

11. Violation of Terms Of Use

The Company has the right, in its sole discretion, to terminate your access to the software, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of the Company, interfere with any other user’s access or use of the software, or if the Company decides that your use is otherwise detrimental to the Company, the Site, or the Company’s suppliers or licensors. The Company does not have any obligation or liability to you for the performance or nonperformance of those activities.