NEXTCANDLE.COM TERMS OF USE
This Terms of Use Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement between NextCandle.com, (the “Company”) and You (“You” or “Your”) who agrees to be bound by this Agreement in regard to Your access to and use of information of our domain, located at www.nextcandle.com (the “Site”), which is owned and operated by the Company. IF YOU USE THE SITE, YOU ARE AUTOMATICALLY AGREEING TO BE BOUND BY THIS AGREEMENT IN THE SAME MANNER AS IF YOU WOULD HAVE SIGNED THIS CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE. USE OF THE SITE IS YOUR CONSENT TO BE BOUND BY THIS AGREEMENT.
1. NEXTCANDLE’S PRODUCT. The Company has developed proprietary algorithms (the “Algorithms”) that use existing market data to create a prediction about a particular asset’s activity for the trading Day, Week or Month as well as an asset picking feature for identifying assets that the Algorithm speculates will move in a specific direction. The Site is for entertainment and your personal informational purposes only and should not be relied upon for financial decisions, investments or any other commercial activity.
2. NO INVESTMENT ADVICE. If You use the Algorithms or the Site concerning companies, stock quotes, investments or securities, You understand and hereby agree the Company does not recommend any security, financial product or instrument, nor does any mention of a particular security on the Site constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that the Company does not provide ANY legal or investment advice. You further understand and hereby agree that the Company nor the Site offers or provides any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that any investment decisions You make will be based solely on Your evaluation of Your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. The Company shall not be responsible or liable for the accuracy, usefulness or availability of any information found on the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.
3. THE NEXTCANDLE SERVICE. Through the Site, You may utilize various support tools that may provide additional insight with regards to making market decisions (the “Service”). The Company offers through the Site various plans ranging from free Plans to paid plans (“Premium Membership Plan”) and may change these plans without notice from time to time. You may find detailed information regarding our current offering on www.nextcandle.com/plans-and-pricing/
4. AUTOMATIC BILLING FOR MEMBERSHIP PLANS. Your subscription to any Premium Membership Plan will be automatically renewed on a periodic basis according to your selected payment period. The Company will bill the applicable subscription fee plus any applicable tax to the Payment Method (defined in Section 5 below) that You provide during the Premium Membership registration process (or to a different Payment Method if You change Your account information). Your subscription will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until You cancel Your subscription or it is terminated. You must cancel Your subscription with at least seven (7) days notice to us, in writing before it renews each period in order to avoid billing of the next period's subscription fees to Your Payment Method. It is Your responsibility to make sure you receive from us a confirmation that Your request has been received
5. CANCELLATION. You may cancel Your subscription to any Premium Membership Plan at any time, and cancellation will be effective at the end of the applicable period during which You notify the Company of Your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. To cancel, contact us at accounts@nextcandle.com. In order to avoid billing for another cycle after You wish to cancel, You must contact us at least ten (10) days before the next automatic billing cycle according to Your plan. The Company reserves the right to discontinue any Premium Membership at any time, and to cancel Your subscription in connection with the discontinuation of the Premium Membership in any case that the Company determines, in its sole discretion that any abuse of copyright, trademark, third-party rights or other illegal, immoral or deceptive practice done through Your account. In addition, the Company reserves the right to terminate Your account for any reason or no reason.
We don't offer a partial refund when purchasing a 3 or 6 month subscription plan.
6. FREE TRIAL PERIOD. The Site may offer a free trial period, from time to time. In order to be eligible to participate in a free trial offer, You must have Internet access, a valid email address and a valid credit card ("Payment Method"). When You register for Your free trial, Your Payment Method will be authorized for the length of subscription indicated during the registration process, however, no charges will be made against the Payment Method unless You do not CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD. At the end of any free trial period, we will begin billing Your Payment Method for the indicated subscription fees corresponding to Your subscription plus any applicable tax unless You cancel prior to the end of Your free trial. You will not receive a notice from us that Your free trial has ended or that Your paying subscription has begun. The Company will continue to bill Your Payment Method on a regular basis for Your subscription plan until You cancel. The Company reserves the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly, or year or yearly refers to Your billing cycle. Free trials are only available to first time subscribers of the Site and cannot be combined with any other offer. Only one free trial may be redeemed per person at any time without the permission of the Company.
7. MARKET PRICES AND QUOTES. Although from time to time the Site displays market prices, stock prices and other asset prices both historical and current these may be inaccurate and cannot be relied upon in any way. All price quotes are at least 15 minutes delayed and must be reconfirmed by You through Your own means.
8. YOUR IDENTITY AND ITS PROTECTION. In order to provide You with ease of access to Your account, the Company will place a cookie (a small text file) on any computer from which You access the Site. When You revisit the Site, this cookie will enable us to recognize You as the account holder and provide You with direct access to Your account. You are responsible for updating and maintaining the truth and accuracy of the information You provide to us relating to Your account. You are also responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Site.
9. GENERAL RESTRICTIONS ON USE.
9.1 Limited License Grant. The Company grants to You a limited, non-transferrable, non-exclusive, license to access and make personal use of the object code of its software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in, or any portion of the software. You agree not to (a) modify the software in any manner or form, or (b) use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the Company for use in accessing the Site. The limited license granted to You does not include any resale, publication or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering, reverse engineering and extraction tools. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9.2 No Interference. You agree not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site.
9.3 No Other Use or Access. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its associates without express written consent. You may not use any meta tags or any other "hidden” text utilizing the Company’s name or trademarks without the express written consent of the Company.
ANY UNAUTHORIZED USE SHALL AUTOMATICALLY TERMINATE THE LICENSE GRANTED BY THE COMPANY.
10. USER ACCOUNT. You may register to the Site with an account in order to make use of certain functions and/or your account (the “User Account”). You may not allow any other person to use the unique User Account with which You are associated and are responsible for maintaining the confidentiality of the username and password that You designate during the registration process, and You are fully responsible for all activities that occur under You Account. You agree to: (i) immediately notify the Company of any unauthorized use of Your Account or any other breach of security, and (ii) ensure that You exit from You Account at the end of each session. The Company will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing You Account from a public or shared computer to ensure that others are not able to view or record You Account’s username and password and/or other personal information.
11. USER ACKNOWLEDGMENTS. You agree and acknowledge the following:
11.1 That you are at least 18 years old;
11.2. That the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by the Company to provide the Site hereunder.
11.3 No information provided by the Company through the Site shall be construed as “Investment Advice” and You should consult with an independent advisor prior to making any investment. Any funds used for investment and trading purposes should be viewed as risk funds, and may result in a loss greater than the amount originally invested.
11.4 Any forecast made by the Company regarding any security is purely for entertainment purposes and should not be taken as a warranty or guaranty as to the future performance of any such security.
11.5 The Company makes no representation that past performance is an indication of future performance.
11. 6 That you have read, understood and agree to our Privacy Policy as described in our privacy page.
12. INTELLECTUAL PROPERTY. The Site uses content, software, material and information that is proprietary to the Company. Such information and certain content, text, graphics, logos, button icons, images, audio clips, data compilations, business models and software, is the property of the Company or its content suppliers and protected by applicable national and international intellectual property laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon User. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the software, in whole or in part. To notify Company of any copyright-infringing content, please contact us at legal@nextcandle.com.
13. COMMUNICATIONS. The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). You shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, THE COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
15. INDEMNIFICATION. You agree to indemnify, hold harmless and defend the Company, along with its directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by You; (ii) Your use of the Site or any service offered by the Company; (c) any actions taken based on the Site’s content; (d) any unacceptable or objectionable use of the Site or any service offered to You by the Company; or (e) any negligent or willful misconduct by You.
16. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
17. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in Your location.
18. THIRD PARTY LINKS. There are links on the Site that lead to third party sites, including those of advertisers. THE COMPANY DOES NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. When You click on a link within the Site, we will not warn You that You have left nextcandle.com and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that You have left nextcandle.com and reached another website. The Company is not responsible for the content or practices of any website other than the Site, even if it links to the Site. By using the Site, You acknowledge and agree that the Company is not responsible or liable to You for any content or other materials hosted and served from any website other than the Site. In addition, the Company takes no responsibility for advertisements or any third party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Site are between You and the advertiser, and You agree that the Company is not liable for any loss or claim that You may have against an advertiser.
19. DISCLAIMER OF WARRANTIES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE COMPANY DOES NOT WARRANT THAT THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE USE OR THE EXECUTION OF THE SITE’S TRADING SIGNALS
FURTHERMORE, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN WHEN THE COMPANY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
THE COMPANY WILL ALSO NOT BE HELD LIABLE FOR ANY ACTIONS THAT MAY RESULT IN LOSSES OR LOSS OF SERVICE WHILST VIEWING OR EXECUTING ANY TRANSACTIONS ON THE TRADING PLATFORM WHETHER THESE ACTIONS ARE INTENTIONAL OR UNINTENTIONAL.
20. MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be User’s only notification of any such change. Any use of the Site or the Site by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification to this Agreement made by You shall be binding upon the Company.
21. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
22. VENUE. The interpretation of this Agreement shall be governed by the laws of the Cayman Islands without regard to its conflicts of laws provisions.
DISCLAIMER
NEXT CANDLE AND ITS STAFF ARE NOT REGISTERED FINANCIAL ADVISORS OR BROKERS. ANY OPINIONS, ALERTS, AND SUGGESTIONS ARE SOLELY SPECULATION. USERS OF NEXTCANDLE.COM’S SERVICES SHOULD CONSULT A FINANCIAL ADVISOR BEFORE ACTING ON ANY SUGGESTIONS GIVEN AND BEFORE INVESTING IN ANY SECURITY. INVESTING INVOLVES RISK, INCLUDING LOSS OF CAPITAL. PREVIOUS RETURNS ARE NOT INDICATIVE OF FUTURE RESULTS. BY VIEWING ANY OF OUR PAGES AND/OR SUBSCRIBING TO NEXT CANDLE, ALL MEMBERS, VISITORS, AND GUESTS AGREE AND FULLY UNDERSTAND NEXT CANDLE CANNOT BE HELD LIABLE FOR ANY INVESTMENT ADVICE GIVEN. IN ADDITION, THEY ALSO AGREE THAT THEY BEAR COMPLETE RESPONSIBILITY FOR THEIR OWN INVESTMENT DECISIONS. USERS WHO DIRECTLY OR INDIRECTLY USE THE SERVICES/PRODUCTS SHALL NOT HOLD NEXT CANDLE OR ANY OF ITS AFFILIATES LIABLE FOR ANY FINANCIAL LOSS RESULTING FROM ITS USE. NEXT CANDLE DOES NOT GUARANTEE COMPLETENESS, TIMELINESS, OR ACCURACY OF THE NEWS, SERVICES OR PRODUCTS FOUND ON ANY OF ITS PAGES OR RELATED SITES. ? NEXT CANDLE AND ITS EMPLOYEES DO NOT DIRECTLY RECEIVE ANY BENEFITS FROM COMPANIES PUBLISHED ON ANY OF ITS PAGED OR RELATED SITES. THE COMPANIES THAT ARE PUBLISHED WITHIN PRODUCTS, NEWS, AND SERVICES HAVE NO AFFILIATION WITH NEXT CANDLE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST LEAVE THE SITE IMMEDIATELY,
1. NEXTCANDLE’S PRODUCT. The Company has developed proprietary algorithms (the “Algorithms”) that use existing market data to create a prediction about a particular asset’s activity for the trading Day, Week or Month as well as an asset picking feature for identifying assets that the Algorithm speculates will move in a specific direction. The Site is for entertainment and your personal informational purposes only and should not be relied upon for financial decisions, investments or any other commercial activity.
2. NO INVESTMENT ADVICE. If You use the Algorithms or the Site concerning companies, stock quotes, investments or securities, You understand and hereby agree the Company does not recommend any security, financial product or instrument, nor does any mention of a particular security on the Site constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that the Company does not provide ANY legal or investment advice. You further understand and hereby agree that the Company nor the Site offers or provides any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that any investment decisions You make will be based solely on Your evaluation of Your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. The Company shall not be responsible or liable for the accuracy, usefulness or availability of any information found on the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.
3. THE NEXTCANDLE SERVICE. Through the Site, You may utilize various support tools that may provide additional insight with regards to making market decisions (the “Service”). The Company offers through the Site various plans ranging from free Plans to paid plans (“Premium Membership Plan”) and may change these plans without notice from time to time. You may find detailed information regarding our current offering on www.nextcandle.com/plans-and-pricing/
4. AUTOMATIC BILLING FOR MEMBERSHIP PLANS. Your subscription to any Premium Membership Plan will be automatically renewed on a periodic basis according to your selected payment period. The Company will bill the applicable subscription fee plus any applicable tax to the Payment Method (defined in Section 5 below) that You provide during the Premium Membership registration process (or to a different Payment Method if You change Your account information). Your subscription will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until You cancel Your subscription or it is terminated. You must cancel Your subscription with at least seven (7) days notice to us, in writing before it renews each period in order to avoid billing of the next period's subscription fees to Your Payment Method. It is Your responsibility to make sure you receive from us a confirmation that Your request has been received
5. CANCELLATION. You may cancel Your subscription to any Premium Membership Plan at any time, and cancellation will be effective at the end of the applicable period during which You notify the Company of Your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. To cancel, contact us at accounts@nextcandle.com. In order to avoid billing for another cycle after You wish to cancel, You must contact us at least ten (10) days before the next automatic billing cycle according to Your plan. The Company reserves the right to discontinue any Premium Membership at any time, and to cancel Your subscription in connection with the discontinuation of the Premium Membership in any case that the Company determines, in its sole discretion that any abuse of copyright, trademark, third-party rights or other illegal, immoral or deceptive practice done through Your account. In addition, the Company reserves the right to terminate Your account for any reason or no reason.
We don't offer a partial refund when purchasing a 3 or 6 month subscription plan.
6. FREE TRIAL PERIOD. The Site may offer a free trial period, from time to time. In order to be eligible to participate in a free trial offer, You must have Internet access, a valid email address and a valid credit card ("Payment Method"). When You register for Your free trial, Your Payment Method will be authorized for the length of subscription indicated during the registration process, however, no charges will be made against the Payment Method unless You do not CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD. At the end of any free trial period, we will begin billing Your Payment Method for the indicated subscription fees corresponding to Your subscription plus any applicable tax unless You cancel prior to the end of Your free trial. You will not receive a notice from us that Your free trial has ended or that Your paying subscription has begun. The Company will continue to bill Your Payment Method on a regular basis for Your subscription plan until You cancel. The Company reserves the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly, or year or yearly refers to Your billing cycle. Free trials are only available to first time subscribers of the Site and cannot be combined with any other offer. Only one free trial may be redeemed per person at any time without the permission of the Company.
7. MARKET PRICES AND QUOTES. Although from time to time the Site displays market prices, stock prices and other asset prices both historical and current these may be inaccurate and cannot be relied upon in any way. All price quotes are at least 15 minutes delayed and must be reconfirmed by You through Your own means.
8. YOUR IDENTITY AND ITS PROTECTION. In order to provide You with ease of access to Your account, the Company will place a cookie (a small text file) on any computer from which You access the Site. When You revisit the Site, this cookie will enable us to recognize You as the account holder and provide You with direct access to Your account. You are responsible for updating and maintaining the truth and accuracy of the information You provide to us relating to Your account. You are also responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Site.
9. GENERAL RESTRICTIONS ON USE.
9.1 Limited License Grant. The Company grants to You a limited, non-transferrable, non-exclusive, license to access and make personal use of the object code of its software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in, or any portion of the software. You agree not to (a) modify the software in any manner or form, or (b) use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the Company for use in accessing the Site. The limited license granted to You does not include any resale, publication or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering, reverse engineering and extraction tools. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9.2 No Interference. You agree not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site.
9.3 No Other Use or Access. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its associates without express written consent. You may not use any meta tags or any other "hidden” text utilizing the Company’s name or trademarks without the express written consent of the Company.
ANY UNAUTHORIZED USE SHALL AUTOMATICALLY TERMINATE THE LICENSE GRANTED BY THE COMPANY.
10. USER ACCOUNT. You may register to the Site with an account in order to make use of certain functions and/or your account (the “User Account”). You may not allow any other person to use the unique User Account with which You are associated and are responsible for maintaining the confidentiality of the username and password that You designate during the registration process, and You are fully responsible for all activities that occur under You Account. You agree to: (i) immediately notify the Company of any unauthorized use of Your Account or any other breach of security, and (ii) ensure that You exit from You Account at the end of each session. The Company will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing You Account from a public or shared computer to ensure that others are not able to view or record You Account’s username and password and/or other personal information.
11. USER ACKNOWLEDGMENTS. You agree and acknowledge the following:
11.1 That you are at least 18 years old;
11.2. That the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by the Company to provide the Site hereunder.
11.3 No information provided by the Company through the Site shall be construed as “Investment Advice” and You should consult with an independent advisor prior to making any investment. Any funds used for investment and trading purposes should be viewed as risk funds, and may result in a loss greater than the amount originally invested.
11.4 Any forecast made by the Company regarding any security is purely for entertainment purposes and should not be taken as a warranty or guaranty as to the future performance of any such security.
11.5 The Company makes no representation that past performance is an indication of future performance.
11. 6 That you have read, understood and agree to our Privacy Policy as described in our privacy page.
12. INTELLECTUAL PROPERTY. The Site uses content, software, material and information that is proprietary to the Company. Such information and certain content, text, graphics, logos, button icons, images, audio clips, data compilations, business models and software, is the property of the Company or its content suppliers and protected by applicable national and international intellectual property laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon User. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the software, in whole or in part. To notify Company of any copyright-infringing content, please contact us at legal@nextcandle.com.
13. COMMUNICATIONS. The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). You shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, THE COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
15. INDEMNIFICATION. You agree to indemnify, hold harmless and defend the Company, along with its directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by You; (ii) Your use of the Site or any service offered by the Company; (c) any actions taken based on the Site’s content; (d) any unacceptable or objectionable use of the Site or any service offered to You by the Company; or (e) any negligent or willful misconduct by You.
16. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
17. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in Your location.
18. THIRD PARTY LINKS. There are links on the Site that lead to third party sites, including those of advertisers. THE COMPANY DOES NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. When You click on a link within the Site, we will not warn You that You have left nextcandle.com and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that You have left nextcandle.com and reached another website. The Company is not responsible for the content or practices of any website other than the Site, even if it links to the Site. By using the Site, You acknowledge and agree that the Company is not responsible or liable to You for any content or other materials hosted and served from any website other than the Site. In addition, the Company takes no responsibility for advertisements or any third party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Site are between You and the advertiser, and You agree that the Company is not liable for any loss or claim that You may have against an advertiser.
19. DISCLAIMER OF WARRANTIES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE COMPANY DOES NOT WARRANT THAT THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE USE OR THE EXECUTION OF THE SITE’S TRADING SIGNALS
FURTHERMORE, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN WHEN THE COMPANY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
THE COMPANY WILL ALSO NOT BE HELD LIABLE FOR ANY ACTIONS THAT MAY RESULT IN LOSSES OR LOSS OF SERVICE WHILST VIEWING OR EXECUTING ANY TRANSACTIONS ON THE TRADING PLATFORM WHETHER THESE ACTIONS ARE INTENTIONAL OR UNINTENTIONAL.
20. MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be User’s only notification of any such change. Any use of the Site or the Site by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification to this Agreement made by You shall be binding upon the Company.
21. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
22. VENUE. The interpretation of this Agreement shall be governed by the laws of the Cayman Islands without regard to its conflicts of laws provisions.
DISCLAIMER
NEXT CANDLE AND ITS STAFF ARE NOT REGISTERED FINANCIAL ADVISORS OR BROKERS. ANY OPINIONS, ALERTS, AND SUGGESTIONS ARE SOLELY SPECULATION. USERS OF NEXTCANDLE.COM’S SERVICES SHOULD CONSULT A FINANCIAL ADVISOR BEFORE ACTING ON ANY SUGGESTIONS GIVEN AND BEFORE INVESTING IN ANY SECURITY. INVESTING INVOLVES RISK, INCLUDING LOSS OF CAPITAL. PREVIOUS RETURNS ARE NOT INDICATIVE OF FUTURE RESULTS. BY VIEWING ANY OF OUR PAGES AND/OR SUBSCRIBING TO NEXT CANDLE, ALL MEMBERS, VISITORS, AND GUESTS AGREE AND FULLY UNDERSTAND NEXT CANDLE CANNOT BE HELD LIABLE FOR ANY INVESTMENT ADVICE GIVEN. IN ADDITION, THEY ALSO AGREE THAT THEY BEAR COMPLETE RESPONSIBILITY FOR THEIR OWN INVESTMENT DECISIONS. USERS WHO DIRECTLY OR INDIRECTLY USE THE SERVICES/PRODUCTS SHALL NOT HOLD NEXT CANDLE OR ANY OF ITS AFFILIATES LIABLE FOR ANY FINANCIAL LOSS RESULTING FROM ITS USE. NEXT CANDLE DOES NOT GUARANTEE COMPLETENESS, TIMELINESS, OR ACCURACY OF THE NEWS, SERVICES OR PRODUCTS FOUND ON ANY OF ITS PAGES OR RELATED SITES. ? NEXT CANDLE AND ITS EMPLOYEES DO NOT DIRECTLY RECEIVE ANY BENEFITS FROM COMPANIES PUBLISHED ON ANY OF ITS PAGED OR RELATED SITES. THE COMPANIES THAT ARE PUBLISHED WITHIN PRODUCTS, NEWS, AND SERVICES HAVE NO AFFILIATION WITH NEXT CANDLE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST LEAVE THE SITE IMMEDIATELY,
