Terms of Use

WELCOME TO HEDGECHATTER. We hope you find it useful. By accessing our servers, websites, or content therefrom (together, "HC"), you agree to these Terms of Use ("TOU"), last updated July 08, 2014.

 

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access HC in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from HC, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with HC, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI"). You agree to use no more than two (2) different IP address's, within a twenty four (24) hour period to access HedgeChatter Inc. or HedgeChatter site. You understand and agree that if you attempt to login or access HedgeChatter Inc. or HedgeChatter site from three (3) or more different IP address's your access to the HedgeChatter site and/or your account may be blocked at HedgeChatter Inc. sole discretion, unless otherwise agreed in a separate binding agreement between an officer of HC and customer.

PAYMENT: Customers who pay on a month to month service are not obligated to continue to pay on a month to month basis unless they would like to continue their service. Unless otherwise agreed in a separate binding agreement between an officer of HC and customer will a long term relationship for service be construed. A customer may cancel their monthly subscription to HC and any time. Payments to HC are not refundable and service stoppage will become in effect following 30days after customers last payment for their current billing cycle.

MODERATION. You agree we may moderate HC access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.  You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules incorporated herein.

SALES. You authorize us to charge your account for HC fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable. We may refuse purchases, which may place a hold on your account.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to HC, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and HC is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your HC use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("HC ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) HC ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your HC use is governed by Texas ("TX") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Dallas, TX (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against HC Entities; (6) (except government agencies) to indemnify HC Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your HC use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. Users complying with prior written licenses may access HC thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data.