Please read the terms and conditions of this Agreement carefully. Capitalized terms used herein shall be defined as set forth in Section I of this Agreement.
I. Terms and Definitions
For purposes of this Agreement, the following terms shall have the meanings as specified below:
“NeraSignal Ltd.” means the company NeraSignal Ltd. which is the right-holder of the NeraSignal.com website.
“NeraSignal” means the company NeraSignal Ltd.
“Signals Service” means a NeraSignal Ltd.-controlled user service available on the website NeraSignal.com to the NeraSignal.com registered users and designed for monitoring of trade results and transmission of trading signals based on buy and sell transactions performed in the trading account of the Signals Provider exclusively using the NeraSignal Software.
“Subscriber” means You, being any person or entity registered on NeraSignal.com and given a permission to use the Signals Service in accordance with the terms and conditions as set forth herein.
“You” means You as a user of the Signals Service (‘Your’ and ‘Yours’ shall be construed accordingly).
“Signal” means a Signals Source of the Provider’s trading account in which trading operations of the Provider are monitored for public transmission of Trading Signals.
“Trading Signal” means an act of performing a buy or sell transaction in the Signal’s trading account.
“Transmission of a Trading Signal” means the sending of messages to Subscribers about the new Trading Signal. Messages (data) are transmitted in electronic form via the Internet. No tangible media are delivered to Subscribers.
“Signals Provider” means any person or entity registered on NeraSignal.com as a Seller and allowed to distribute Signals in accordance with the terms and conditions of the NeraSignal.com Signals Service Distribution Agreement.
“Subscription” means a limited, personal, non-exclusive, ordinary, non-sublicensable and non-transferable license which the Subscriber acquires from the Provider via the Signals Service on NeraSignal.com and which enables the Subscriber to receive (transmitted) Trading Signals from a certain Signals Provider in order to copy Signal’s trades in the Subscriber’s trading account.
“Monitoring of the Signal’s Trade Results” means a periodic obtaining of data on the Signal’s trading account status and buy/sell transactions performed in it as per a trading strategy. Trading can either be performed manually by a trader or automatically without any person involved, using trading robots (Expert Advisors). Monitoring allows to document trade results and provides trade statistics in the Signals Service to any interested Subscriber in a visual form as reports and charts.
“Payment Processor” means a payment system authorized by NeraSignal Ltd. to provide payment processing services related to financial transactions in the Signals Service.
“Payment Account” means a financial account issued by the Payment Processor in its payment system pursuant to a separate agreement with a Subscriber or Provider whose use of the Payment Account must be approved by the Payment Processor.
“NeraSignal Software” means the software which is developed by, and copyright of, NeraSignal Ltd., under the registered trademarks “MetaTrader 4” and “MetaTrader 5”, together with any updates, upgrades, revisions, modifications, new versions and related components, including, but not limited to, trading terminal, user interface, documentation and NeraSignal Website.
“Rules” mean Signals service rules and conditions that apply to Your use of the Signals service, published or declared in addition to this Agreement.
“Effective Date” means the date on which this Agreement is entered into by clicking on the “Continue”, “Accept” or a similar button in accordance with the procedure set out below.
“Additional Terms” means the terms and conditions that apply to Your use of the Services, Software, Products and Website of NeraSignal Ltd., published or declared in addition to this Agreement.
“Affiliated Entities” means any corporation, company or other entities that directly or indirectly control the operation of NeraSignal Ltd., are controlled by NeraSignal Ltd. or that are together with NeraSignal Ltd. controlled by third parties. For purposes of this document, “to control” and “controlled by” shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.
“Content” means any content, including text, audio files, images, pictures, video and/or any other type of information or communication.
“Trademarks” means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
“Intellectual Property Rights” means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
“NeraSignal Website” means all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL addresses www.NeraSignal.net, www.metatrader4.com, www.mql4.com and www.metatrader5.com (among other URL addresses) from which the NeraSignal Software can be downloaded.
“NeraSignal Ltd. Website” means all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL address NeraSignal.com.
“NeraSignal Ltd. Online Materials” means materials available for downloading from the NeraSignal Ltd. Website, as well as any changes made by NeraSignal Ltd. at its sole discretion.
“NeraSignal Ltd. Advertising Materials” means any trademarks, names, brands, logos, banners and any other materials in any form belonging to and/or used by NeraSignal Ltd. to promote the company, its products, services or activities.
“NeraSignal Ltd. Employees” means officers, directors, employees and representatives of NeraSignal Ltd. or Affiliated Entities, as well as any other persons employed by NeraSignal Ltd. or its Affiliated Entities.
“Account” or “NeraSignal.com ID” means an account with Login and Password created for Your use of NeraSignal.com.
“Login” means an identification code which, in combination with the Password, gives You access to Your Account.
“Password” means a code You select, which, in combination with the Login, gives You access to Your Account.
Words used in singular form include the plural, and vice versa, as appropriate.
Any words following the terms (in any form) “including”, “among other things”, “in particular” and similar expressions shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
This Agreement, as well as any updates hereof, constitutes the entire agreement between You and NeraSignal Ltd. in relation to Your use of the Signals Service on NeraSignal.com to browse, search and download Signals and purchase Subscriptions to Signals to be further used under the terms and conditions set forth in this Agreement.
By clicking on the “Continue”, “Accept” or a similar button or an appropriate link, You agree to the terms and conditions of this Agreement. You agree that Signals are set up by third party Providers who are not related to NeraSignal Ltd. You agree that NeraSignal Ltd. shall not be responsible for Signals available in the Signals Service. You further agree that the Subscriber understands all risks involved and takes full responsibility for copying trading operations of others in his own trading account. The Subscriber confirms that he has the right to perform trading operations in the trading account which is going to be used for the implementation of Trading Signals. NeraSignal Ltd. does not guarantee profitability of the Signals available in the Signals Service. Some Subscriptions to Signals can be available free of charge, while others are for a certain fee. You shall be solely responsible for payments pertaining to purchases made via the Signals Service.
User who has not agreed to be bound by the terms and conditions of this Agreement shall have no right to use the Signals Service.
The Signals Service is available for use by persons aged 18 and older.
This Agreement will automatically cease to be effective if it appears that You are (a) not a registered Subscriber of the Signals Service, or (b) under the age of 18, or (c) a person or entity barred from using the NeraSignal Software under the laws of any country, including the country in which You are resident or from which You use the NeraSignal Software.
Your agreement with NeraSignal Ltd. can also include Additional Terms published or declared by NeraSignal Ltd. in the Internet or on the NeraSignal Ltd. Website. Additional Terms include, without limitations, terms and conditions set out in this Agreement.
Before using the Trading Terminal, Products, Services, Software and NeraSignal Website, You must read and agree to the relevant license agreements and additional terms regarding the products or services offered by NeraSignal. You can accept such agreements or terms by clicking the appropriate button or as otherwise suggested by NeraSignal or by using the NeraSignal Software, products, services and NeraSignal Website whereby You agree and acknowledge that by such use You accept the relevant agreements or terms set by NeraSignal.
You acknowledge and agree that by accepting the terms and conditions of this Agreement, as well as Rules and Additional Terms, You enter into a legally binding agreement with NeraSignal Ltd. In case of any conflict between Rules, Additional Terms and this Agreement, Rules and Additional Terms shall prevail with respect to any particular service offered by NeraSignal Ltd. We recommend that You print and keep a copy of this Agreement.
You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the Signals Service.
Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
If You are a resident of a jurisdiction where the use of the NeraSignal Software or the Signals Service is prohibited by law due to different requirements or a complete ban on the use of the NeraSignal Software or the Signals Service in any such jurisdiction, do not install or use them.
Use of the Signals Service requires compatible devices (computer, mobile phone, etc.) and Internet access. The Signals Service may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the Signals Service. NeraSignal Ltd. will make commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that NeraSignal Ltd. cannot give any warranties in this respect.
III. Use of the Signals Service
You agree to provide accurate and complete information when You register on, and as You use, the Signals Service, and You agree to update Your registration data to keep it accurate and complete. You agree that NeraSignal Ltd. may store and use the registration data You provide for maintaining Your Account and performing its obligations under this Agreement.
You agree that NeraSignal Ltd. may, at its sole discretion and without prior notice, suspend or terminate the provision of the Signals Service (or its functions) to You personally or all Subscribers.
NeraSignal Ltd. may engage the services of consultants and other contractors in connection with the performance of obligations and exercise of rights under this Agreement, provided that such consultants and contractors will be bound by the same obligations as NeraSignal Ltd.
NeraSignal Ltd. may make available to You various payment processing methods. You agree to abide by any relevant terms and conditions or other legal agreement, whether with NeraSignal Ltd. or the Payment Processor or a third party, that governs Your use of a given payment processing method. You agree that NeraSignal Ltd. may add or remove payment processing methods at its sole discretion and without notice to You.
NeraSignal Ltd. may find that a Signal distributed via the Signals Service violates the NeraSignal.com Signals Service Distribution Agreement or other legal agreements, third party rights, laws, rules and regulations. You agree that in this case NeraSignal Ltd. reserves the right to discontinue the transmission of such Signal via the Signals Service, at its sole discretion or as required by the relevant government authorities.
You agree to use the Signals Service only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of Signals.
You agree not to use the Signals Service by any means other than through the interface that is provided by NeraSignal Ltd. on NeraSignal.com or the NeraSignal Software interface, unless You have been specifically allowed to do so in a separate agreement with NeraSignal Ltd. You specifically agree not to access the Signals Service through any automated means, including use of scripts, crawlers, or similar technologies.
You agree that You will not engage in any activity that interferes with or disrupts the operation of the Signals Service (as well as the servers and networks which service the Signals Service). You agree not to use the Signals distributed via the Signals Service, for purposes that may interfere with or disrupt the operation of the servers, networks or websites controlled by NeraSignal Ltd. or any third party.
You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the Signals Service, unless You have been specifically permitted to do so in a separate agreement with NeraSignal Ltd.
You agree that You are solely responsible for, and that NeraSignal Ltd. has no responsibility to You or to any third party for, Your use of the Signals Service and any Signals, any breach of Your obligations under this Agreement, and for the consequences of any such breach (including any loss or damage of any kind which NeraSignal Ltd. or any third party may suffer).
You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the Signals Service and purchase of Subscriptions to Signals in the Signals Service, and that the reporting and payment of any such applicable taxes are Your responsibility.
NeraSignal Ltd. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any Signal from the Signals Service. However, You agree that by using the Signals Service You may be exposed to materials or Signals that You may find illegal, offensive, indecent or objectionable and that You use the Signals Service at Your own risk. NeraSignal Ltd. may carry out only a formal check of the Signal for the possibility of its transmission.
You agree that NeraSignal Ltd. and its Affiliated Entities own all right, title and interest in and to the Signals Service. You agree that NeraSignal Ltd. has all the appropriate rights and licenses for the distribution of Subscriptions to Signals via the Signals Service that are provided by their respective Providers or other copyright holders. You agree that You will not, and will not allow any third party to, (I) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise perform illegal acts in relation to Signals, unless otherwise permitted, (II) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in Signals, (III) use Signals to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (IV) remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of NeraSignal Ltd., NeraSignal or any third party, affixed to or contained within Signals.
All rights to Trademarks, as well as property rights and titles, including but not limited to any and all rights to intellectual property are the property of their respective owners or license holders. Except as otherwise provided in this Agreement, neither party grants to the other party any right, title or interest (including, but not limited to, any implied licenses) in or to Trademarks. Nothing in this Agreement gives Subscriber a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Provider, NeraSignal Ltd. and NeraSignal.
For purposes of marketing the presence, distribution and sale of Subscriptions via the Signals Service, NeraSignal Ltd. and its Affiliated Entities may include Provider Brand Features, submitted by Provider to NeraSignal Ltd.: (i) within the Signals Service; (ii) in online or mobile communications outside the Signals Service when mentioned along with other services or products offered by NeraSignal Ltd.; (iii) when making announcements of the availability of the Signal online or on mobile devices; (iv) in presentations; and (v) in customer lists which appear either online or on mobile devices (including, without limitation, customer lists posted on NeraSignal Ltd. websites). If Provider discontinues transmission of a Signal via the Signals Service, NeraSignal Ltd. will cease the use of the discontinued Signal’s Brand Features for such marketing purposes.
IV. Subscription Purchases via the Signals Service
NeraSignal Ltd. is selling You a Subscription to a Signal but the Signals made available in the Signals Service are not sold to You. Subscription to a Signal shall be valid worldwide and entitle the Subscriber to use the Signal to his personal advantage solely in the appropriate NeraSignal Software. Signals Provider may at his own wish enter into a separate End User License Agreement (EULA) with the Subscriber for the use of his Signal which will govern Your rights to it as a user.
Subscription to a Signal forms a binding agreement directly between You and the Signals Provider governing Your use of such Signal. Unless otherwise specified in the End User License Agreement, the following limitations of rights to use the Signal by the Subscriber shall apply:
You shall not sell, assign, sub-license, lease, rent, distribute, broadcast, export, import or otherwise transfer rights to use the Signal or any component thereof to any third party;
You shall not undertake, cause, permit or authorize the modification, translation, creation of similar Signals, decompiling, disassembling, decryption, hacking of the Signal, as well as creation of derivative works;
Except as explicitly authorized in writing by the Signals Provider, You shall not distribute the Signal in the Internet;
For every Trading Account You shall be allowed to subscribe to one Signal only.
Signals may comprise or be part of another software and technology owned or controlled by third parties. Use of any third party software or technology included in Signals shall be governed by separate License Agreements.
When subscribing to a Signal, it is necessary that Your trading account number in the relevant trading platform is correctly specified and the trade server is stated. In order to subscribe to a different Signal, the current Subscription shall be canceled. Only one Signal can be set up with respect to one trading account.
Preliminary synchronization of the Signal with the Subscriber’s Trading account is necessary to proceed with trading operations in the Subscriber’s account using the purchased Subscription to the Signal. Synchronization will not be successful, if: (a) there are pending orders in the Subscriber’s trading account; (b) there are open positions in the Subscriber’s trading account that are not related to Trading Signals of the Signals Subscription selected, (c) there is unrecorded profit on open positions in the Signal’s trading account which may suggest an adverse operation start for a Subscriber under less favorable terms.
Synchronization attempts in the Subscriber’s trading account will be repeated until successful. Subscriber may resort to forced synchronization if he agrees to start working under the Subscription immediately, without waiting for more favorable conditions in order to open positions based on the existing positions of the Signal.
You shall not access or attempt to access an Account that You are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Signals Service. Violations of system or network security may result in civil or criminal liability.
Signals Service users shall be allowed to rate Signals. Only users who have the appropriate Subscription to a given Signal shall be able to rate it. Ratings will be used to determine the placement of Signals in the Signals Service. Higher rated Signals are generally given better placement, subject to ability of NeraSignal Ltd. to change placement of Signals at its sole discretion. Signals Service Administration may also assign a composite score for any Signal that has not received user ratings. A Signal Composite Score shall be a representation of the Signal popularity and will be determined by NeraSignal Ltd. based on Your history at its sole discretion. For new Providers without Signal history, NeraSignal Ltd. may use or publish performance measurements such as uninstall and/or refund rates to identify or remove Signals that are not meeting acceptable standards, as determined by NeraSignal Ltd. NeraSignal Ltd. reserves the right to display Signals to users in a manner that will be determined at the sole discretion of NeraSignal Ltd.
Signal becomes available for use after payment of the relevant Subscription to the Signal. Any Signal with a free-based Subscription can be obtained by any Subscriber via the MetaTrader 4/5 Client Terminal and Internet, regardless of the amount of money available in the relevant Internal Subscriber Account.
V. Pricing and Payments
In order to make purchases in the Signals Service, Subscriber must have a valid Payment Account under a separate agreement with a Payment Processor.
All financial transactions in the Signals Service shall be performed in accordance with the NeraSignal.community Payment System Regulations published on NeraSignal.com.
Subscription price shall be expressed in US dollars. The Signals Service may display prices of Subscriptions to users in their native currency, but it shall not be responsible for the accuracy of currency rates or conversion.
Your total price for a Subscription to a Signal shall include the price of the Subscription to a Signal plus any applicable sales tax; such sales tax shall be based on the bill-to address and the sales tax rate in effect at the time the Subscription to a Signal is made. NeraSignal Ltd. will charge tax only in jurisdictions where electronic (digital) goods or software licenses are taxable. No customers shall be eligible for tax exemptions.
All sales of Subscriptions to Signals shall be final and non-returnable.
Prices for Signals offered via the Signals Service may change at any time, and the Signals Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a Signal becomes unavailable following a transaction in relation to renewal of the Subscription to the Signal, Your sole remedy shall be a refund of the Subscription renewal fees paid. No refunds of paid Subscription fees will be made in relation to Subscriptions to existing Signals, regardless of whether or not such Signal was used to perform trading operations.
Provider will be solely responsible for support and maintenance of his Signals and handling of any complaints about his Signals transmitted via the Signals Service. Provider’s contact information will be displayed in each Signal detail page and made available to Subscribers for customer support purposes. Provider shall eliminate all critical errors which may result in the early termination of the Signal transmission.
VI. User Credentials
You agree that You are responsible for maintaining the confidentiality of all User credentials that may be issued to You by NeraSignal Ltd. or which You may choose Yourself and will be solely responsible for all activity in the Signals Service which involves the use of such credentials. NeraSignal Ltd. may limit the number of User Accounts issued to You or to the company or organization You work for.
VII. Privacy and Information
We use Your personal data, which help us to create, develop, manage, provide and improve the Signals service, other services and content, as well as to protect against fraud and copyright violation.
We may occasionally use Your personal data to send You important notices of changes in our Terms of Services or Policies. We may also use personal data for internal purposes, such as auditing, data analysis and research, which enable us to improve our Services.
To find out more about how we collect and use the information you provide, please read our Privacy and Data Protection Policy and Cookies Policy.
VIII. Termination of this Agreement
This Agreement shall be effective until terminated by either You or NeraSignal Ltd., as set out below.
You may terminate this Agreement by discontinuing Your use of the Signals Service and of all Subscriptions to Signals You acquired via the Signals Service.
Upon termination of this Agreement, all legal rights and obligations to be executed or performed by You or NeraSignal Ltd. (or accrued during the term of this Agreement) or perpetual rights and obligations, shall not be modified due to termination of this Agreement.
NeraSignal Ltd. may at any time terminate this Agreement with You if:
(A) You have breached any provision of this Agreement; or
(B) NeraSignal Ltd. is required to do so by law; or
(C) You cease to be a User; or
(D) NeraSignal Ltd. decides to no longer provide the Signals Service.
IX. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SIGNALS SERVICE IS AT YOUR SOLE RISK AND THAT THE SIGNALS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF SIGNALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SIGNAL AND ANY SERVICES OFFERED OR RENDERED BY THE SIGNAL ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NeraSignal Ltd. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SIGNALS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NeraSignal Ltd. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SIGNAL, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SUBSCRIPTION TO A SIGNAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SIGNAL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SIGNALS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NeraSignal Ltd. OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SIGNAL OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO USE THE SIGNALS SERVICE AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SIGNALS SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.
NeraSignal Ltd. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
X. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NeraSignal Ltd. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE A SIGNAL, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NeraSignal Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NeraSignal Ltd IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. NeraSignal Ltd IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF TRADE INFORMATION VIA THE INTERNET. USERS OF THE SERVICE MAY USE THE TRADE INFORMATION TO FORMULATE THEIR OWN INVESTMENT DECISIONS WHICH COULD BE TO COPY THE TRADES OF OTHERS. ALL INFORMATION ON THE NeraSignal.com IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. THE COMPANY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.
You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold NeraSignal Ltd, its Affiliated Entities and each of their respective directors, officers, employees and agents, as well as Authorized Carriers, harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys’ fees), arising out of or accruing from: a) Your use of the Signals Service in violation of this Agreement, and (b) Your Signal that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless the applicable Payment Processors (which may include NeraSignal Ltd. or third parties) and the Payment Processors’ affiliates, directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from taxes related to Your purchase of a Subscription to a Signal via the Signals Service.
XII. Changes to this Agreement
NeraSignal Ltd. reserves the right to change and revise this Agreement. Each time changes are made to this Agreement, NeraSignal Ltd. will publish a revised version of the Agreement on the Website. The revised version of the Agreement shall be effective immediately upon publication. Your use of the Signals Service following any change to this Agreement will constitute Your assent to and acceptance of the revised Agreement.
XIII. General Legal Terms
This Agreement constitutes the entire legal agreement between You and NeraSignal Ltd. that governs Your use of the Signals Service and can complement any prior agreements between You and NeraSignal Ltd. in relation to the Signals Service.
You acknowledge that the failure of NeraSignal Ltd. to exercise or enforce or delay of NeraSignal Ltd. in exercising or enforcing any legal rights or remedies provided hereunder (or by any applicable law) shall not constitute a waiver of such rights or remedies on part of NeraSignal Ltd. and that such rights and remedies will continue to be available to NeraSignal Ltd.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, then that provision will be removed from this Agreement without affecting the remaining provisions contained herein. The remaining provisions of this Agreement will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which NeraSignal Ltd. is the parent shall be third party beneficiary to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on or rights in favor of them. No other persons or companies shall be third party beneficiaries to this Agreement.
Neither You nor NeraSignal Ltd. may assign or transfer the rights granted in this Agreement without the prior written consent of the other party. Neither You nor NeraSignal Ltd. shall be permitted to delegate the responsibilities or obligations under this Agreement without the prior written consent of the other party.
This Agreement, as well as Your relationship with NeraSignal Ltd. hereunder shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws provisions. You and NeraSignal Ltd. agree that the courts of the Republic of Cyprus shall have non-exclusive jurisdiction over any dispute arising out of this Agreement. Notwithstanding this, You agree that NeraSignal Ltd. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.