Terms of use, conditions and disclaimer agreement between GemsBot.com and You, the User of our services are as follows:
If you do not agree to be bound by any of the following terms of use, you should immediately discontinue any use of any products, services, results, and ignore all comments in social media sites including Twitter, Facebook, internet websites and webpages owned and operated by GemsBot.com.
GENERAL
By accessing and using any or all of the products; services; results; comments in PalTalk, TeamViewer or hotComm rooms; Twitter; Facebook; or internet websites and webpages including but not limited to www.gemsbot.com, hereinafter referred to as the "Website" the User agrees to be bound by these terms of use, conditions and disclaimer and all applicable laws and regulations. These Terms of Use may change from time to time without notice, and it is the User's responsibility to check for updates. By using this Website You, the User, are agreeing to be bound by the current version of these Terms of Use. The last revision date for these Terms of Use is set forth below. Any reference to GemsBot.com in these Terms of Use shall mean GemsBot.com and any of its associates.
CONTENT AND RESERVED RIGHTS
GemsBot.com owns all rights to the intellectual property, underlying processing and analysis technology, and software incorporated and/or presented on any or all of the products, services, internet websites owned and operated by GemsBot.com, including copyrights, and owns or has acquired the necessary permissions from content providers or suppliers, for all of the content, information, software, products and services provided in and on any or all of the products, services, internet websites owned and operated by GemsBot.com, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents and Information presented on the Website. In this context, "Information" is defined as and refers to the totality of all quotes, trading signals, trading indicators, market analyses, commentaries, recommendations, tutorials, instructions, and any other data that could be qualified as trading information, presented on any or all of the products, services, internet websites owned and operated by GemsBot.com. The Website constitutes a confidential and valuable asset of GemsBot.com and is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The User may not use, reproduce, transfer, publish, disclose or sell the content of the Website or any of its components or content, except as provided for in this Agreement. GemsBot.com specifically prohibits the re-distribution of any or all of the products, services, results available on, through or from the Website owned and operated by GemsBot.com and its contents, and accepts no liability whatsoever for the actions of third parties or other parties in this respect. Any violators will be liable for all costs or other losses incurred by GemsBot.com arising from any complaint, claim or action arising directly or indirectly from such distribution.
RESTRICTION ON USE AND LIMITED LICENSE
GemsBot.com grants the User a limited, non-exclusive, non-transferable license to use, display on your private computer, download and print short extracts of the Information presented on any or all of the products, services, internet websites owned and operated by GemsBot.com for your own personal and non-commercial purposes only, provided that:
· The User does not modify any of the Information presented and provided on the Website.
· All copyright and other proprietary notices are retained and remain displayed.
The User must abide by these Terms of Use. No other use of the GemsBot or Information provided on the Website is permitted. Without limiting the generality of the foregoing, the User may not:
· Copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivative works from, transfer, or sell any of the GemsBot or Information presented and provided on the Website.
· Use any of the GemsBot or Information presented and provided on any or all of the products, services, internet websites owned and operated by GemsBot.com for any commercial purpose, or for any public display (commercial or non-commercial).
· Include any of the GemsBot or Information presented and provided on any or all of the products, services, internet websites owned and operated by GemsBot.com or reference thereto, in or with any information, product or service that the User creates, distributes or provides.
· Copy or transfer any of the GemsBot or Information presented and provided on the Website onto your own website or any other website or server.
Nothing contained herein shall be construed as conferring any right in any copyright of GemsBot.com, the content providers, or of any other third party who owns the copyright in any of the GemsBot or Information provided on any or all of the products, services, and internet websites owned and operated by GemsBot.com
NO FINANCIAL ADVICE
The Information, Forms and other resources available on or through this Website and received from or through this Website such as indicators or data are provided for education and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. The Information contained in or provided from or through this Website is not intended to be and does not constitute financial advice, investment advice, trading advice or any other advice. The Information on this Website and provided from or through this Website is general in nature and is not specific to You the User or anyone else.
You should not make any decision, financial, investment, trading or otherwise, based on any of the information presented on or delivered by any of the products, services, or internet websites without undertaking independent due diligence and consultation with a professional broker or competent financial advisor.
You agree that any and all use of the Information and Website which you make, is solely at your own risk and without any recourse whatsoever to GemsBot.com, its associates or content providers. You understand that you are using any and all Information, indicators and other resources available on or through this Website and received from or through this Website such as indicator results at your own risk.
GemsBot.com makes no representations or warrantees, expressed or implied, as to the accuracy, completeness, or fitness for any purpose or use of the Information presented on the Website or made available from any or all of the products, services, internet websites owned and operated by GemsBot.com The Information may not in all cases be current and it is subject to continuous change. Accordingly, you should not rely on any of the Information as authoritative or substitute for the exercise of your own skill and judgment in making any investment or other decision. GemsBot.com does not warrant that the supply of Information will be uninterrupted, error free or not terminated altogether, and will not be liable for any direct, indirect, or consequential loss arising from any use of or reliance on the Information and its availability.
The Information does not constitute or form part of an offer, subscription, recommendation or solicitation to buy or sell any securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all or to take up any services, nor should it be relied on in connection with any contract or commitment whatsoever.
You must make your own decision before acting on any information obtained from this Website. Past performance is not necessarily an indication of future performance.
Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Further, since the trades have not actually been executed, the results may have undercompensated or overcompensated via the impact, if any, of certain market factors, such as lack of liquidity. GemsBot.com does not warrant that trading methods or systems presented in its services or the Information available on or from its Website and received from or through this Website will result in either profits or losses.
Indicator's data available through this Website does not constitute a recommendation nor a solicitation by GemsBot.com nor is it a recommendation nor solicitation that any particular investor should purchase or sell any particular securities, commodities, financial objects, futures, options, stocks or other investment vehicles, in any amount or at all. GemsBot.com and its employees and/or representatives are not and do not represent themselves as being investment advisors nor investment managers and do not make representations relating to the use of the Information on this Website. GemsBot.com does not warrant nor make any representations regarding the use or the results of the use of the Information and materials on this Website in terms of their correctness, accuracy, reliability, profitability, or otherwise. The information and commentaries are not meant to be endorsements or offerings of any securities, commodities, financial objects, futures, options, stocks or other investment vehicles. As well, they are not meant to be guides to investment. GemsBot.com, its employees and representatives are in no way liable for the use of the Information by others in investing or trading in investment vehicles.
RISK STATEMENT
The trading of stocks, futures, commodities, index futures or any other securities has potential rewards, and it also has potential risks involved. Trading may not be suitable for all users of this Website. Anyone wishing to invest should seek his or her own independent financial or professional advice.
NO WARRANTIES
GemsBot.com does not guarantee nor warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information on the Website or of any product or services referenced on the Website. GemsBot.com assumes no obligation to update the Information or advice regarding further developments concerning topics mentioned. The Website and the Information may be changed from time to time without notice. The Website may be unavailable from time to time or permanently for any reason whatsoever including but not limited to any maintenance interruption, telecommunications interruption or failure, hardware interruption or failure, software interruption or failure, business interruption or discontinuance, or any other interruptions, discontinuances or failures whatsoever.
GemsBot.com is providing this Website and the Information on an "as is" basis and makes no representations or warranties of any kind whatsoever with respect to the GemsBot, the Website or the Information or with respect to the use or suitability of the GemsBot, the Website or the Information for any purpose. The Information may contain inaccuracies, typographical errors or other errors.
GemsBot.com disclaims all warranties, representations and conditions regarding the GemsBot, the Website and the Information, including, without limiting, the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses, and availability, whether expressed or implied, or arising from a course of dealing, usage, or trade practice.
There is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of non-infringement. There is no warranty of any kind, express or implied, regarding the Information on the Website or received from the Website.
DISCLAIMER OF LIABILITY
GemsBot.com, its associates, its employees, directors, agents, the content providers and any other parties involved in the creation, production or delivery of the GemsBot, the Information and the Website disclaim any responsibility and shall not, in any event, be liable for any damages, claims, liabilities, costs or obligations including any direct, indirect, punitive, special, incidental or consequential damages, including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury, or any other pecuniary loss (collectively the "Damages"), whatsoever and howsoever caused to the User or suffered by the User, arising out of or in connection with the use or misuse of the Website or the Information or with any delay or inability by the User to use the Website or the Information, whether any such damages arise in contract, tort, strict liability, negligence, equity or statute law or by way of any other legal theory, even if GemsBot.com has been advised of the possibility of damages. GemsBot.com disclaims any liability for unauthorized use or reproduction of any portion of the GemsBot, the Information or the Website.
PRICING
GemsBot.com reserves the right to change prices of its products and services without notice. However, existing subscribers to any service who continue to pay their subscription continuously and uninterrupted from the time of their initial subscription onwards will be privileged to lock the price of their original subscription plan in perpetuity.
From time to time GemsBot.com will also hold promotions that may include price reductions on membership fees. Such price reductions will only be applicable to Users who sign up for membership during the time that such promotions are made available. Users who sign up before or after such promotions are not and will not be entitled to such promotional pricing.
LINKS
This Website or any of the products, services, internet websites owned and operated by GemsBot.com may contain links to other internet sites. Such links are provided for reference only and were independently developed by parties other than GemsBot.com. GemsBot.com is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by GemsBot.com. Use of any such linked site is at the User's own risk.
NO ENDORSEMENT
Reference to any third-party information, product, process, or service at this Website or any linked site is not an expressed or implied endorsement by GemsBot.com.
SUBSCRIPTION BASED CONTENT
Some contents and/or services on this Website or any of the products, services, internet websites owned and operated by GemsBot.com may be offered to You, the User, conditioned on your payment of subscription fees. If You elect to purchase subscription-based content/services and transmit to GemsBot.com a subscription purchase request, You warrant that all information that You submit is true and accurate, and You agree to pay all subscription fees You incur. You agree that these Terms of Use will apply to your subscription. You also agree to be bound by any additional terms of use, conditions and disclaimers that may be required by GemsBot.com or any content Providers from time to time.
This Website or any or all of the products, services, internet websites owned and operated by GemsBot.com may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although GemsBot.com makes every reasonable effort to minimize such downtime, GemsBot.com does not guarantee 100 percent availability of the Website.
We are not financial analysts, investment brokers or financial advisors. We expect you, the User, to know your own investment goals and to understand that a possession of fundamental trading abilities, or a desire to procure those abilities should prerequisite your signing up.
All subsidiary websites of GemsBot.com shall under no circumstances be liable to any visitor, User, and/or any third party for any lost profits, lost opportunities, indirect, special, incident, consequential, punitive, or any other damages whatsoever. We assume no responsibility or liability for any inaccuracies, misstatements, errors, fabrications, contained within documents, data, materials, Website pages, contained here within and associated pages, either through error or negligence.
You, the User, agree to hold GemsBot.com harmless for any act resulting directly or indirectly from this Website or any of the products, services, internet websites owned and operated by GemsBot.com, its data, content, materials, associated pages and documents.
Your subscription is personal to You, the User and You may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.
You, the subscriber, must promptly inform GemsBot.com of the following: Changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an email and password. Until we are notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the service.
SUBSCRIPTION PAYMENTS
All payments made to GemsBot.com are made through PayPal, a third-party service. GemsBot.com does not collect nor store any credit card information and cannot be liable for any lost or stolen credit card numbers. GemsBot.com is not liable for any monies lost during the transaction process, non-payment issues or declination of any credit card. Your name and email address will be made available to all parties to the sale, as required, to complete payment.
Any promotion, promotional rates, and any promotional offers expire as soon as a subscriber's account is deactivated as a result of non-payment, declined payment, cancellation of service, or any other reason.
AUTOMATIC RENEWAL AND CANCELLATION POLICY
Since you are subscribing to GemsBot.com using PayPal it is important to understand that this is an auto-renewing subscription. You are authorizing PayPal to make periodical payments either every month or three-month or six-month or twelve-month periods according to your subscription plan to GemsBot.com, until your subscription is cancelled. If You decide to end your GemsBot.com subscription it is your responsibility to cancel the subscription by going to PayPal and cancelling your subscription. Once your subscription is cancelled, the use of our services will expire at the end of the paid subscription period.
Please consider the period of your subscription carefully. There are no refunds given for unused time on a subscription under any circumstances, a condition that it is strictly adhered too. GemsBot.com, also, has the right to terminate at any time any party's usage for subscription or access to our services without cause.
CUSTOMER SERVICE
GemsBot.com does not offer full customer support to the User. When requesting customer support, we ask that our subscribers provide us with the following: Their username and the exact email address that was submitted at the time of your registration. Should a subscriber refuse to provide the above information, GemsBot.com reserves the right to decline any product upgrades or downgrades, the termination of services, or the provision of customer support. GemsBot.com will not respond to any threatening, insulting, or in any other way damaging emails. In cases where threatening, insulting, or in any other way detrimental emails are sent to our servers on a regular basis, GemsBot.com reserves the right to block a customer's email address.
GemsBot.com is not responsible for any email that does not reach our support staff, whatever the reason may be. GemsBot.com immediately deletes emails that are suspected to contain viruses or pose any other security threat. Email replies provided by GemsBot.com in response to customer enquiries cannot be used as legal documents or contracts; email replies are provided for educational purposes only. For as long as it is kept in Company databases or archives, any correspondence sent to GemsBot.com becomes the sole property of the Company.
NO SOLICITATION
No part of this Website shall be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on this Website may only be available in certain areas or jurisdictions. Any products or services mentioned on this Website are made available in accordance with local laws and only where they may be lawfully offered for sale.
CONFIDENTIALITY WARNING
The internet is not a secured medium, and privacy cannot be ensured. Internet email is vulnerable to interception and forging. GemsBot.com will not be responsible for any damages You or any third party may suffer as a result of the transmission of confidential information that You may make to any or all of the products, services, internet websites owned and operated by GemsBot.com, through the internet, or that You expressly or implicitly authorize GemsBot.com to make, or for any errors or any changes made to any transmitted information.
COMPUTER VIRUSES
While efforts are made to ensure that the Information provided at this Website does not contain computer viruses, You, the User, should take reasonable and appropriate precautions to scan for computer viruses; and You, the User, should ensure that You have a complete and current back up of the applicable items of information contained on your computer system.
CONFORMANCE WITH LAW
You, the User, agree that your use of this Website or any of the products, services, internet websites owned and operated by GemsBot.com will not violate any applicable local, national, or international law, including, but not limited to, any regulations having the force of law. Some jurisdictions may have restrictions on the use of the internet by their residents. You, the User, agree not to impersonate any person in your use of any or all of the products, services, or internet websites owned and operated by GemsBot.com.
SEVERABILITY
If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will still be valid.
GOVERNING LAW
The local laws applicable therein will govern as to the interpretation, validity and effect of these Terms of Use and as to any dispute or claim based on your use of the Website or the Information, notwithstanding any conflict of laws provisions of your domicile, residence or physical location.
Date: April 4, 2011