This Subscription Agreement outlines the terms and conditions that apply to the purchase and use of The Trend Beacon.
Binding Nature of the Agreement
The agreement is binding. The buyer warrants you are of at least 18 years of age and are authorized to enter into this Agreement. If you are entering this Agreement on behalf of a company or other legal entity, you warrant that:
- you have full legal authority to bind that legal entity, and
- both you and the legal entity will be bound by this Agreement.
The risk of loss in trading commodity interests can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial situation. Prospective clients should consider trading commodity interests to be a speculative investment, as it is not intended to be a complete investment program. Only persons who are able to bear the risk of the loss of their entire investment should consider trading commodity interests.
The high degree of leverage that is often obtainable in trading commodity interests can work against you as well as for you. The use of leverage can lead to large losses as well as gains.
Past performance is not necessarily indicative of future results.
Hypothetical performance results do not represent actual trading results and have inherent limitations. Trades not actually executed cannot reflect the true impact of market factors, including lack of liquidity, timing of trade execution, and use of electronic trading systems. Murphy & Company makes no representation and offers no warranty that subscribers will experience profits or losses similar to those shown.
You can subscribe to The Trend Beacon on our website by:
- visiting the My Account page and creating a new user account
- visiting the Online Store page and selecting the product, and
- paying for the products via the online checkout process in accordance of the terms and conditions as set forth by our payment processor.
The product subscription will commence
- following confirmation of payment, and
- on the date we confirm in writing our acceptance of your subscription, or commence supplying you with the product, whichever occurs first.
The product subscription is recurring, that is, you will be automatically billed at the start of each subscription period, for the respective subscription price, on an ongoing basis (i.e. monthly recurring billing for a monthly subscription or annual recurring billing for an annual subscription). You are responsible to maintain updated billing information in your online account.
Subscriptions Are Not Transferable
Your subscription is not transferable at any time, for any reason. You must not rent, lease, assign, transfer, loan or otherwise distribute your subscription or The Trend Beacon product.
The products distributed under this Agreement are copyright protected. Please be aware copyright protection will be aggressively pursued.
Restrictions On Use
You must not:
- physically or electronically transfer, redistribute, rebroadcast or make available for download any of our products to a non-subscriber
- charge a fee for access to any of our products
- attempt to access any of our products other than products for which you are a subscriber of record
- attempt to, encourage or assist any person to circumvent or modify any security technology or software that is a part of the product or subscription process
- copy, reproduce, translate, adapt, publish, create derivative works from, vary, merge or modify any of our products in any way, including reverse engineering, disassembling, or decompiling
- directly or indirectly introduce, or permit the introduction by any third party, of any virus, worm, bug, trojan or other malicious code into Murphy & Company’s website or product material, or in any other manner whatsoever corrupt, degrade, or disrupt the operation of Murphy & Company’s website or product material
- use the Murphy & Company website or product material for any unlawful purpose, or
- remove, obscure, interfere or attempt to do so with any proprietary or copyright notices, labels or serial numbers on any product or product title.
The subscriber of record acknowledges and agrees that you are and will be responsible and liable for the acts and omissions of each user in connection with the Murphy & Company website and product materials as if they were your acts and omissions.
Ownership of Intellectual Property Rights
You acknowledge and agree that all rights, title and interest, including all intellectual property rights, in the website and product materials are owned by Murphy & Company. The only right you have as a subscriber is the right to use the subscribed product materials in accordance with this Agreement.
Murphy & Company’s liability to you arising directly or indirectly in connection with this Agreement, regardless of the basis of law or equity, is limited as follows:
- Murphy & Company is not and shall not be liable for any indirect or consequential losses or any loss of revenue, loss of profit, loss of business opportunity, economic loss, loss of data or systems, loss of use, or payment of liquidated sums, penalties or damages sustained by you or any other entity arising from or in connection with this Agreement, and
- Murphy & Company’s total aggregate liability under, or in any way connected to this Agreement, is limited to the amounts paid by you to us under this Agreement in the 12 months immediately preceding the date on which the claim arose.
Termination of Product Subscription
Product subscription is recurring, that is, client will be automatically billed at the start of each subscription period on an ongoing basis.
Either party may terminate the subscription without cause. Under no circumstances shall Murphy & Company be required to refund any portion of the subscription price paid by the subscriber. Any refund decision shall be in the absolute and sole discretion of Murphy & Company.
Website Access, Product Materials, and Email Alerts
By its nature, the internet is not uninterrupted or error-free. There may be times when the website, product material delivery, or email is unavailable or do not work properly due to technical difficulties. We cannot guarantee the website or product material delivery will be available or working correctly at all times.
Despite our practices and precautions to protect quality of our products, we cannot guarantee the website, product material or email alerts will be free from computer viruses or other defect or technical error which may affect your software or systems. To protect your software and systems, we highly recommend you install and implement your own system protection software.
This Subscription Agreement shall be governed by the laws of the state of Arizona.
Right to Modify
Murphy & Company reserves the right to change, revise, delete, or modify its product materials, models, and processes at any time and for any reason.
Amendments to this Subscription Agreement
Murphy & Company reserves the right to update this Subscription Agreement at any time.