NOTICE: PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY. CLICKING "ACCEPT", "CONTINUE", OR SIMILAR ACKNOWLEDGEMENT BELOW OR BY INSTALLING, DISTRIBUTING, OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT CLICK "ACCEPT", INSTALL, DISTRIBUTE, OR OTHERWISE USE THE LICENSED SOFTWARE.
This EULA is a legal agreement between an individual or individual entity ("you") and InvestView, Inc. ("the Provider"). The EULA binds the Licensed Software ("the Software"), including all computer software provided by the Provider either via digital media, online, updates, plug-ins, supplements, or any other format at any time and includes all associated media and printed materials. Amendment or addendum to this EULA may accompany future updates, online activity, plug-ins, or other events at the sole discretion of the Provider. The Provider has no obligation to provide maintenance, technical or other support, or updates to you for the Software. The Provider reserves the right to terminate any service provided or made available to you through the use of the Software. Technical or product support services are also governed by this EULA, unless explicitly superseded by another agreement. Third party providers may also provide additional terms and conditions through their EULA. Acceptance and compliance of applicable Third party provider agreements, including any EULA, is required for any license granted by the Provider. The Software and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable Country, State or City law is strictly prohibited.
- OWNER OF COMPUTER
You warrant and represent that you are the owner of the computer or that the owner of the computer has authorized you to install the Software. You agree, with respect to all users of the computer that no other person shall use the Software on any computer at any time. You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business, or use the Software in a business to provide services similar to those of the Software or other services from the Provider. By accepting the terms of this EULA you represent that you understand that the presence of the Software on any computer is voluntary and that you may remove it at any time. By accepting the terms of this Agreement and using the Software you represent that you are legally of age and able to enter this agreement.
- GRANT OF LICENSE
Conditioned on your compliance and agreement to the terms and conditions of this Agreement, the Provider grants to you a non-exclusive single-user, revocable license to use the Software, in binary executable form only, solely for the purposes described in this EULA. Exercise of license rights for the Software requires registration of your information with the Provider through the Software and may require Internet and/or telephone services; service or telephone providers and toll charges may apply.
- INTELLECTUAL PROPERTY RIGHTS
The structure, organization, visual presentation, and code of the Software are the trade secrets and confidential information of the Provider and its licensors and suppliers. The Software is the intellectual property of the Provider and its licensors and suppliers and is licensed, not sold. The Provider reserves all protections of intellectual property and copyright, including, without limitation, United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. This Agreement does not grant you any intellectual property rights in the Software beyond that required for normal use as determined by the Provider. Reverse engineering, decompiling, or disassembling, modifying, translating, or duplicating the features of the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law. Renting, leasing, accessing remotely, or lending the Software is also prohibited. You may not disclose to other persons the data or techniques relating to the Software that are, or might be trade secrets of the Provider in any manner that may cause damage to the Provider.
The Software may require continued periodical subscriptions to the Provider and/or affiliated third parties to retain a continued license to use the Software in whole or in part. Termination of a subscription is automatic under conditions of default of payment, litigation, injurious use of the Software, or any other reason the Provider finds applicable. Upon termination of subscription services, your license and rights to said portions of the Software, in whole or in part, are also terminated subject to the Termination conditions in this EULA.
- PRODUCT SUPPORT
The Provider may supply product support services related to the Software. Use of any such support services is governed by the Provider's policies and programs described in the media accompanying the Software, in online documentation, on the Provider's web page, or in other provided materials. Any software or services supplied as part of support services are governed by this EULA, unless separate terms are provided. This EULA does not obligate the Provider to supply any support services, or to support any software provided as part of those services. You also consent that the Provider and its affiliates may collect and use technical information gathered as part of the support services provided related to the Software. The Provider may use this information to improve products or to provide customized services or technologies. Support information may be disclosed to third parties when required to resolve specific product issues.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OF ACCURACY, TIMLINESS, UNINTERRUPTED, SECURE, OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT. NO WARRANTY IS MADE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS NOR THAT THE QUALITY OF ANY PRODUCTS, INFORMATION, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET POSSESSION, QUIET ENJOYMENT, OR CORRESPONDENCE TO DESCRIPTION WITH REGARD TO THE SOFTWARE.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR NEGLIGENCE, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE PROVIDER OR ANY SUPPLIER, AND EVEN IF THE PROVIDER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER THE ENTIRE LIABILITY OF THE PROVIDER AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE EXCLUDING ANY SUBSCRIPTION CHARGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree that the Software may not be acquired, shipped, transported, exported, used, or re-exported into any U.S. embargoed country or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
The Provider does not warrant that the Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. If the Software is not compatible with your hardware or other software it can be uninstalled by following the uninstall instructions in the media provided with the software. Use of the Software on a computer with inadequate resources will cause performance degradation or instability.
- USE OF INFORMATION
By installing the Software, you grant permission for the Provider and its suppliers to collect and use certain information in connection with your use of the Software. The Provider and its suppliers reserves the right to change the provisions of its Privacy Policies from time to time and will post any changes to the Provider's Privacy Policies at the Provider's web address. Suppliers may change their Privacy Policies according to their own terms and agreements if separate from the Provider's. Your use of the Software following the posting of such changes constitute your acceptance of any such changes to the Provider or their supplier's Privacy Policies.
The Provider may terminate this EULA at any time and for any reason with or without notice and whether or not you are in compliance with all the terms and conditions of this EULA. In such event, you must destroy all copies of the Software on your computer and on the associated media.
- APPLICABLE LAW
If the Software was acquired in the United States, this EULA is governed by the laws of the State of Utah. If you acquired this Software in any other country, then local law may apply in addition to international laws and agreements.
This EULA, with any addendum or amendment, is the entire agreement between you and the Provider relating to the Software and associated services and it supersedes all prior representations, discussions, undertakings, communications or advertising relating to the Software. If any term or provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue valid in full force and effect. This Agreement is assignable by the Provider. You may not assign your rights and obligations provided under this EULA.
- DATA DELAYED
All data displayed within the provided Software is delayed by at least 15 minutes, unless otherwise stated or you have purchased a monthly subscription that includes real-time data. All streaming data, historical data and fundamental company data is provided by ZavaTech (Zava LLC).
- DATA ACCURACY NOT GUARANTEED
All information in, related to or linked from InvestView or its affiliates is provided "as is" for informational purposes only and is not intended for trading purposes or advice. Neither InvestView, Inc. nor any of InvestView, Inc.'s independent providers is liable for any informational errors, incompleteness or delays, or for any actions taken in reliance on information contained herein. By accessing the Market Point tool, you agree not to redistribute the information found therein.
- EDUCATIONAL PURPOSES
The information presented and made available in the Market Point tool powered by InvestView, Inc., is intended for educational purposes only. The information is not and should not be confused with investment advice and does not attempt or claim to be a complete description of any specific securities or markets, but rather educational examples of the application of technical analysis to the market.
- NO GUARANTEE
Investing and trading in stocks and options involve risks, including the risk of losing part or all money invested. Any and all trading decisions are up to you. InvestView, Inc. makes no guarantee or representation as to the outcome of your decisions. Past performance is not a guarantee of future performance.
- GENERAL NATURE
This information has been presented and prepared without regard to any particular person's investment objectives, financial situation and particular needs because Market Point tool users come from diverse backgrounds, with diverse objectives and financial situations. This information is of a general nature only, so you should seek advice from your broker or other investment advisors as appropriate before taking any action. Your licensed securities professional, financial consultant or tax advisor best renders investment advice.
- PRESENTED IN GOOD FAITH
The opinions and analyses included herein are based on sources and data believed to be reliable and are presented in good faith; however, no representation or warranty, expressed or implied is made as to their completeness or accuracy. All Market Point tool data is provided by vendors of InvestView, Inc. All performance numbers are estimates and/or rounded.
The user of any software or software site via the Internet provided by InvestView, Inc. agrees to indemnify and hold harmless InvestView, Inc., in addition to all individual presenters of the course material, from and against any and all liabilities, expenses (including attorney fees) and damages arising out of claims resulting from the use of this educational content. InvestView, Inc. is not a licensed investment advisor or broker/dealer.