| Last
revised: November 10th, 2003 |
| PLEASE
READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE ANY OF OUR PRODUCTS
OR SERVICES OR BECOME A MEMBER OF THEOILTRADER.COM |
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TheOilTrader.com,
Ltd. ("we," "us") provides the TheOilTrader.com
, TheOilTrader's Edge and TheProfessionalSeries web publications,
as well as other products and services (collectively, "TOTC
Products"), subject to your compliance with the terms and
conditions set forth in this Terms of Use Agreement and the
Terms of Use Agreements for the particular TOTCProduct(s) you
use. By using any TOTC Products, or becoming a member of
TheOilTrader.com, you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, please do
not use any TOTC Products. Use Agreement. Please take some time
to review the version below.
You must be at least 18 years of age to use any TOTC Products.
If you are not at least 18 years old, please do not access or
use any TOTC Products. |
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| TheOilTrader's
Edge and The Professional Series have their own specific terms
of use which should be read in conjunction with these General
Terms |
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| This
Agreement is made between TheOilTrader.com, Ltd, and you, the
user of any TOTC Products ("you"). We reserve the
right at any time to: |
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Change
the terms and conditions of this Agreement |
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Change
any TOTC Products, including eliminating or discontinuing any
content or feature of any of the TOTC Products; |
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Change
any fees or charges for use of any TOTC Products. |
| Any
changes we make will be effective seven (7) days after notice
of any change is provided to you, which may be done by means
including, without limitation, posting on our web sites or via
electronic mail. Your use of any TOTC Products after such notice
will be deemed acceptance of such changes. Our business changes
constantly. These Terms of Use, as well as our Privacy Policy and Conflicts
and Disclosure Policy may change also. You should check
our web sites frequently to see recent changes. |
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| Legal Disclaimer |
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TheOilTrader.com,
Ltd is a publisher . We are not a registered broker-dealer.
You understand that the material provided in TOTC Products
is for informational purposes only, and that no mention of
a particular instrument in any TOTC Product constitutes a
recommendation to buy, sell, or hold that or any other instrument,
or that any particular instrument, portfolio of instruments,
transaction or investment strategy is suitable for any specific
person. You further understand that none of the information
providers or their affiliates will advise you personally concerning
the nature, potential, value or suitability of any particular
security, portfolio of securities, transaction, investment
strategy or other matter. To the extent any of the information
contained in any TOTC product may be deemed to be advice,
such information is impersonal and not tailored to the investment
needs of any specific person.
You understand that any TOTC Product may contain opinions
from time to time with regard to any instruments mentioned
in other TOTC Products, and that those opinions may be different
from those obtained by using another TOTC Product (such as
news). You understand and agree that, from time to time, any
or all of the information providers or their affiliates may
hold positions in instruments mentioned and that they may
trade for their own account. In cases where the position is
held at the time of publication, appropriate disclosure is
made. In addition, information providers may be subject to
certain trading restrictions. However, you understand and
agree that at the time of any transaction that you make, one
or more information providers or their affiliates may have
a position in such instruments.
You understand that performance data is supplied by sources
believed to be reliable, that the calculations herein are
made using such data, and that such calculations are not guaranteed
by these sources, the information providers, or any other
person or entity, and may not be complete.
From time to time, reference may be made in marketing materials
to prior articles and opinions that have been published on
our website. These references may be selective, may reference
only a portion of an article or recommendation, and are likely
not to be current. As markets change continuously, previously
published information and data may not be current and should
not be relied upon.
Before selling or buying any instrument or other investment
you should consult with a qualified broker or other financial
professional to verify pricing information
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| Conflicts and Disclosure Policy |
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It
is understood by you that the editorial staff and journalists
who provide the content of our websites may, from time to time,
hold positions in the instruments discussed at the time of writing.
Such holdings will be disclosed at the time of writing. |
| Privacy Policy |
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Our policy with respect
to the collection and use of your personal information is set
forth in our Privacy Policy. |
| Code of Conduct |
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While
using any TOTC Product, you agree not to |
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Restrict
or inhibit any other visitor or member from using any TOTC Product,
including, without limitation, by means of "hacking"
or "cracking" or defacing any portion of any of TheOilTrader.com's
web sites; |
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Use
any TOTC Product for any unlawful purpose |
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Express
or imply that any statements you make are endorsed by us, without
our prior written consent |
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Transmit
(a) any content or information that is unlawful, fraudulent,
threatening, harrassing, abusive, libelous, defamatory, obscene
or otherwise objectionable, or infringes on our or any third
party's intellectual property or other rights; (b) any material,
non-public information about companies without the authorization
to do so; (c) any trade secret of any third party; or (d) any
advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities, or other unsolicited commercial communication
(except as otherwise expressly permitted by us) |
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Engage
in spamming or flooding |
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Transmit
any software or other materials that contain any virus, worm,
time bomb, Trojan horse, or other harmful or disruptive component |
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Modify,
adapt, sublicense, translate, sell, reverse engineer, decompile
or disassemble any portion of any of TheOilTrader.com's web
sites |
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Remove
any copyright, trademark, or other proprietary rights notices
contained in TheOilTrader.com's web sites |
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"Frame"
or "mirror" any part of TheOilTrader.com's web sites
without our prior written authorization |
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Use
any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational
structure or presentation of any TOTC Product or its contents |
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Harvest
or collect information about visitors to or members of TheOilTrader.com
without their express consent; or |
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Permit
anyone without an account or subscription to use any TOTC Product
through your subscription, user name or password |
| While
using TOTC Products you agree to comply with all applicable
laws, rules and regulations. |
| Membership and Subscription |
| · |
Registration |
|
Currently, we do not require
users to become members of TheOilTrader.com in order to have
access to free commentary, analysis and news from our flagship
publication, TheOilTrader.com, In order to register as
a member, you'll have to pick a unique User Name and password,
and supply us with your email address, post code, and, if you
like, a daytime telephone number where we can reach you. You
agree that the information you provide will be accurate and
complete and that you will update us if it changes.. If any
information provided by you is untrue, inaccurate, not current,
or incomplete, we reserve the right to terminate this Agreement.
Please note that we may refuse to grant you a User Name that
impersonates someone else, is or may be illegal, is or may be
protected by trademark or other proprietary rights law, or is
vulgar, offensive, or might cause confusion, as determined by
us in our sole discretion. |
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Subscribing to Premium
Services |
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If you'd like access to one or more of our premium
subscription-based services, we require you first to register as a member of TheOilTrader.com.
Then you'll need to supply us with the information specified
on the appropriate registration form. Again, you must provide
us with accurate and complete information. If any information
provided by you is untrue, inaccurate, not current, or incomplete,
we reserve the right to terminate this Agreement and your use
of our premium services. |
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You
agree not to transfer or resell your use of or access to any
premium service to any third party. If you are a subscriber,
and you have reason to believe that your account is no longer
secure, you must promptly change your password by updating your
account information, and immediately notify our customer service
department by email at members@TheOilTrader.comor
by telephone at 020-7482-8887, between the hours of 8:00 a.m. and
6:00 p.m. |
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YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING
PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. |
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Fees and Payment Information |
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Current subscription rates and charges for TOTC Products
available on our Subscription Page, or by contacting
our customer service department by email at members@TheOilTrader.comor
by telephone at 020-7482-8887, between the hours of 8:00 a.m. and
6:00 p.m. Generally, payment for your subscription is due in
advance of the subscription period you select. If you have chosen
to take a free trial, payment is due at the end of the free
trial. If the premium service you selected required you to provide
your credit card information at registration, then at the end
of your free trial, you will be charged for the initial term
of your subscription, unless you cancel at or prior to the end
of your free trial. |
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Renewal and Cancellation
Information |
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For
renewal and cancellation information relating to a particular
TOTC Product, please see the appropriate Terms of Use for that
TOTC Product. |
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· Termination
|
| This
Agreement shall remain effective until terminated in accordance
with its terms. TheOilTrader.com, Ltd. may terminate this Agreement,
and/or your access to and use of any TOTC Products, immediately,
in the event we determine, in our sole discretion, that you
have breached this Agreement. In addition, we reserve the right,
upon 10 business days notice and the reimbursement of any whole
months remaining on your subscription, to terminate this Agreement
without cause |
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| Other Web Site Features
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Submissions and Postings |
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Please
note that, because we may occasionally host forums on our web
sites and therefore redistribute materials you give us, we need
to obtain certain rights in those materials. By sending or transmitting
to us creative suggestions, ideas, notes, concepts, information,
or other materials (collectively, "Materials"), or
by posting such Materials to any area of our web sites, you
grant us and our designees a worldwide, non-exclusive, sublicensable
(through multiple tiers), assignable, royalty-free, perpetual,
irrevocable right to use, reproduce, distribute (through multiple
tiers), create derivative works of, publicly perform, publicly
display, digitally perform, make, have made, sell, offer for
sale and import such Materials in any media now known or hereafter
developed, for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Materials. None
of the Materials disclosed in any forum on our web sites shall
be subject to any obligation, whether of confidentiality, attribution,
or otherwise, on our part and we shall not be liable for any
use or disclosure of any Materials. |
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Chats |
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Chats
are intended to serve as a discussion center for members of
TheOilTrader.com. Information provided in Chats may be provided
by our staff, our outside contributors, or by contributors or
users not connected with TheOilTrader.com, Ltd., some of whom
may use anonymous screen names. People may post messages or
make statements in Chats that are inaccurate, misleading, or
deceptive, whether intentionally or unintentionally. We neither
endorse nor are responsible for any opinion, advice, information,
or statement made or displayed in Chats by third parties, nor
are we responsible for any errors or omissions in such postings,
or for hyperlinks embedded in messages. Under no circumstances
will we or our affiliates, suppliers or agents be liable for
any loss or damage caused by your reliance on information obtained
in Chats. |
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The
opinions expressed in the Chats are solely the opinions of the
participants, and do not reflect the opinions of the OilTrader.com,
Ltd. or any of its subsidiaries or affiliates. We have no obligation
to monitor Chats, or any other materials that you or other third
parties transmit or post on or to our web sites or Chats. However,
you acknowledge and agree that we have the right (but not the
obligation) to monitor our web sites and the Chats and the materials
you transmit or post; to alter or remove any such materials
(including, without limitation, any posting to a Chat); and
to disclose such materials and the circumstances surrounding
their transmission to any third party in order to operate our
web sites properly; to protect ourselves, our sponsors, and
our members and visitors; and to comply with legal obligations
or governmental requests. |
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Services and Tools |
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Your
use of certain services on our web sites may be governed by
additional rules, which are available on our web sites or by
hyperlink from other sites, in connection with the service.
By using any service you are acknowledging that you have reviewed
all corresponding rules and agree to be bound by them. Some
of the services may have been provided by third parties for
your use. In the event that any service or tool is provided
by a third party, such service or tool may become unavailable
in the event that the agreement between TheOilTrader.com, Ltd
and the third party is terminated. You expressly acknowledge
and agree that your use of all services is solely at your risk.
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Sweepstakes, Contests,
and Games |
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Any
sweepstakes, contests, and games that are accessible through
our web sites are governed by specific rules. By entering such
sweepstakes or contests or participating in such games you will
become subject to those rules. |
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Other Legal Matters
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Ownership and Restrictions
on Use |
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©2003,
©2004 TheOilTrader.com. All rights reserved. Our web sites
are owned and operated by us in conjunction with others pursuant
to contractual arrangements. You may only access and use the
materials provided in TOTC Products, and download and/or print
out only one copy of any such materials, solely for your personal
use. You may not republish, upload, post, transmit or distribute
materials from our web sites in any way, without our prior written
permission. Modification of the materials or use of the materials
for any other purpose is a violation of our copyright and other
proprietary rights, and is strictly prohibited. You acknowledge
that you do not acquire any ownership rights by using any TOTC
Products. |
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Jurisdictional Issues |
|
Our
products and services are directed solely to individuals residing
in the United Kingdom. We make no representation that materials
provided in TOTC Products are appropriate or available for use
in other locations. Those who choose to access any TOTC Products
from other locations do so on their own initiative and at their
own risk, and are responsible for compliance with local laws,
if and to the extent applicable. We reserve the right to limit
the availability of TOTC Products and/or the provision of any
service or product described therein to any person, geographic
area, or jurisdiction we so desire, at any time and in our sole
discretion, and to limit the quantities of any such service
or product that we provide. |
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Links to Other Websites |
|
Our
products and services may contain links to other Internet web
sites or resources. We neither control nor endorse such other
web sites, nor have we reviewed or approved any content that
appears on such other web sites. You acknowledge and agree that
we shall not be held responsible for the legality, accuracy,
or inappropriate nature of any content, advertising, products,
services, or information located on or through any other websites,
nor for any loss or damages caused or alleged to have been caused
by the use of or reliance on any such content. |
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Disclaimer of Warranties |
|
OUR
PRODUCTS AND SERVICES, THE MATERIALS ON OUR WEB SITES, AND ANY
PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR WEB SITES
ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEOILTRADER.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY
OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES. Applicable
law may not allow the exclusion of implied warranties, so the
above exclusions may not apply to you. THEOILTRADER.COM AND
ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT
THAT YOUR USE OF ANY TOTC PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE,
OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL TOTC
PRODUCTS OR THE SERVER(S) ON WHICH OUR WEB SITES ARE HOSTED
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE
THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE
OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF TOTC PRODUCTS AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THEOILTRADER.COM
OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS,
WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF TOTC PRODUCTS, THE MATERIALS ON OUR WEB SITES AND
ANY MATERIALS PROVIDED THROUGH OUR WEB SITES ARE ENTIRELY AT
YOUR OWN RISK. |
|
A possibility exists that TOTC Products
could include inaccuracies or errors, or materials that violate
these Terms of Use (specifically, the Code of Conduct above).
Additionally, a possibility exists that unauthorized alterations
could be made by third parties to our web sites. Although we
attempt to ensure the integrity of our web sites and other products
and services, we make no guarantees as to the completeness or
correctness of any TOTC Product. In the event that such a situation
arises, please contact us at notices@TheOilTrader.com
with, if possible, a description of the material to be checked
and the location (URL) where such material can be found on our
web sites, if applicable, as well as information sufficient
to enable us to contact you. We will try to address your concerns
as soon as reasonably practicable. |
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| Limitation
of Liability |
| NEITHER
THEOILTRADER.COM, Ltd. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS,
AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO ANY TOTC PRODUCTS AND/OR CONTENT CONTAINED IN ANY TOTC
PRODUCTS, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH OUR WEB
SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY TOTC PRODUCTS
IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY
TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY,
FOR ACCESS TO ANY TOTC PRODUCTS. |
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Indemnification |
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You
agree to indemnify, defend and hold us, our officers, directors,
employees, agents and representatives harmless from and against
any and all claims, damages, losses, costs (including reasonable
attorneys' fees), or other expenses that arise directly or indirectly
out of or from (a) your breach of this Agreement, including
any violation of the Code of Conduct above; (b) any allegation
that any materials that you submit to us or transmit to our
web sites infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights
of any third party; and/or (c) your activities in connection
with any TOTC Products. |
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Miscellaneous |
|
This
Agreement is governed by and construed in accordance with the
laws of England and Wales, without regards to its principles
of conflicts of law. You agree to personal jurisdiction by the
High Court located in London, England, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts. If any
provision of this Agreement is found to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. This Agreement
is not assignable, transferable or sub-licensable by you except
with our prior written consent. No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading,
caption or section title contained in this Agreement is inserted
only as a matter of convenience and in no way defines or explains
any section or provision hereof. This, together with all TOTC
policies referred to herein, constitutes the entire Agreement
between us relating to the subject matter herein and supersedes
and any all prior or contemporaneous written or oral Agreements
between us. We reserve the right to require you to sign a non-electronic
version of this Agreement. |
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TheOilTrader.com's
TheOilTrader's Edge and The Professional Series - Terms of Use
Last
revised: November 2003 |
| PLEASE
READ OUR TERMS OF USE AGREEMENT CAREFULLY BEFORE YOU BECOME
A SUBSCRIBER TO THEOILTRADER.COM'S TheOilTrader's Edge or The
Professional Series (collectively "EPS"). By checking
the box indicating your acceptance of this Terms of Use Agreement
during registration, you agree that your subscription to EPS
is subject to your compliance with the terms and conditions
set forth in this Terms of Use Agreement and in TheOilTrader.com's
general Terms of Use Agreement. |
|
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| Subscription Term and Payment |
|
This
Terms of Use Agreement and your subscription to EPS will commence
on the date you register for EPS and continue for the monthly
or annual period you select during registration (the "Term").
|
|
The
first 14 days of your subscription to EPS are a free trial,
during which you may cancel at any time and not be billed. Following
the 14-day free trial period, your subscription will continue
automatically for the Term you selected, and your credit card
will be billed the applicable subscription fee. If we are unable
to process your credit card payment, your subscription will
be terminated. Current subscription fees are available on the
subscription page
for EPS or by contacting our Customer Service Department by
email at members@TheOilTrader.com
or by telephone at 020-7482-8887 between the hours of 8:00 a.m.
and 6:00 p.m. London time |
| Subscription Cancellation |
|
You
may cancel your subscription to EPS by notifying our Customer
Service Department at 020-7482-8887. Regular business hours
for Customer Service are from 8:00 a.m. and 6:00 p.m. London
time. If you wish to cancel your subscription outside regular
business hours, please leave a message including your name,
user ID, the email address associated with your account, and
a telephone number where we can reach you to confirm. PLEASE
NOTE THAT IF YOU ARE A MONTHLY SUBSCRIBER, YOU WILL NOT RECEIVE
A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE ONCE YOUR
14-DAY FREE TRIAL PERIOD HAS ENDED. |
|
IF
YOU ARE AN ANNUAL SUBSCRIBER, YOU MAY RECEIVE A REFUND OF YOUR
ANNUAL SUBSCRIPTION FEE ONLY IF YOU CANCEL WITHIN 30 DAYS OF
THE END OF YOUR FREE TRIAL PERIOD. AFTER THAT, ALTHOUGH YOUR
SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELLED, AND
YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER
CREDIT. |
| Automatic Subscription Renewal |
|
Your
subscription will continue for the monthly or annual Term you
selected during registration, and will renew automatically at
the end of the Term UNLESS YOU NOTIFY US OF YOUR DECISION NOT
TO RENEW YOUR SUBSCRIPTION BY CALLING CUSTOMER SERVICE PRIOR
TO THE EXPIRATION OF THE TERM. If you do not notify us, the
then-applicable monthly or annual fee for your subscription
will be billed automatically to the credit card you designated
during the registration process (or subsequently changed). In
connection with recurring billing for subscription renewals,
we may receive updated information about your account from the
financial institution issuing your credit or charge card. |
|
PLEASE
NOTE THAT IF YOU ARE A MONTHLY SUBSCRIBER, YOU WILL NOT RECEIVE
A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE ONCE YOUR
SUBSCRIPTION HAS RENEWED. |
|
IF
YOU ARE AN ANNUAL SUBSCRIBER, YOU MAY RECEIVE A REFUND OF YOUR
ANNUAL SUBSCRIPTION FEE ONLY IF YOU CANCEL WITHIN 30 DAYS OF
THE DATE OF YOUR SUBCRIPTION RENEWAL. AFTER THAT, ALTHOUGH YOUR
SUBSCRIPTION MAY BE TERMINATED, IT CANNOT BE CANCELLED, AND
YOU WILL NOT BE ENTITLED TO ANY REFUND, REIMBURSEMENT, OR OTHER
CREDIT. |
|
You
agree to pay all fees and charges incurred in connection with
your username and password (including any applicable taxes)
at the rates in effect when the charges were incurred. You will
have 60 days from the date that any discrepancies in your credit
card statement or any invoice first appear to notify us; after
that time, all charges will be deemed correct and no refunds
will be given. You agree to pay all amounts due upon our demand.
In the event we have to collect unpaid amounts you owe us, you
will be liable for all legal and collection agency fees. |
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| TheOilTrader.com
is a publisher. None of the contributors or their affiliates will
provide you with personally tailored advice concerning the nature,
potential, value or suitability of any particular instrument, portfolio
of instruments, transaction, investment strategy or other matter.
From time to time, any or all of the contributors or their affiliates
may hold positions in instruments mentioned and they may trade for
their own accounts. In cases where the position is held at the time
of publication, appropriate disclosure is made. |
|
