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Terms of Use

1. Legally Binding Agreement. By viewing, accessing or otherwise using this Website (as defined below), you agree that these Terms of Use form a legally binding agreement between you and Neurogenetic Trading Strategies, L.L.C., a Texas limited liability company (“Neurogenetic”). As used in these Terms of Use, the term “this Website” means the “neurogenetic.com” domain web pages and any of its sub-level domains and web pages, together with and including the data, information, text, graphics, audio, video, features, functionality and other content contained therein. If you do not wish to be bound by these Terms of Use, you are not authorized to view this Website. Neurogenetic reserves the right to change these Terms of Use at any time; your continued viewing of, access to or other use of this Website signifies that you agree to be bound by these Terms of Use as they are amended.

2. Grant of License. Subject to these and any other applicable terms and conditions to which you signify your agreement, Neurogenetic hereby grants to you the non-exclusive, non-transferable, revocable right and license to view, access and use this Website, except that this grant does not apply to those portions of this Website that expressly require your enrollment and authorization as provided elsewhere in this Website. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose.

3. General Notices and Disclaimers. This Website is for informational, educational, marketing and related purposes only, and is not a substitute for consultation with or engagement of qualified financial analysts, software programmers, market traders and other professionals, for whose involvement in your own projects and activities you are exclusively responsible. Neurogenetic provides no financial or investment advice; likewise, the suppliers and licensors of content to this Website provide no financial or investment advice, except as otherwise expressly and separately undertaken by them. Reliance upon features, functionality, products, services or other resources obtained at or through this Website is solely at your own risk. NEUROGENETIC CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED IN CONNECTION WITH THIS WEBSITE, ANY ERRORS OR OMISSIONS IN SUCH INFORMATION, OR FOR ANY ERRORS OR OMISSIONS COMMITTED BY YOU OR ANYONE GAINING ACCESS TO THIS WEBSITE OR ITS CONTENT THROUGH YOU. Without limiting any other provision of these Terms of Use, you acknowledge that Neurogenetic is not responsible for loss of data or other failure, outage or interruption in the provision of internet or other communication services by third party providers.

4. Links to Other Websites. This Website may contain direct links to websites owned or maintained by persons unrelated to Neurogenetic. These links are offered strictly as a courtesy for your convenience and should not in any way be construed as an endorsement by Neurogenetic of such third party websites or their content. Neurogenetic is not responsible for the content of linked third party websites and makes no representations regarding the content or accuracy of information contained on such third party websites. Your access to any such third party websites by way of active links to such sites provided from and within this Website will be solely at your own risk. Usage of any such linked third-party websites is subject to the individual terms and conditions of use of each site, which may among other things place or gather “cookies” or otherwise collect personal information about persons using such websites. Neurogenetic is not responsible for the privacy policies of or any actions of third parties who control the activities of such third party websites. Please contact the relevant parties controlling these third party websites or access their online policies to obtain specific information regarding their data collection practices.

5. Advertisements. Neurogenetic may accept and post advertising and other content from third parties and may allow certain third parties to post subscription, licensing, sales, registration or other offers and/or services through this Website. However, Neurogenetic does not recommend or endorse such third parties or their offers or services, and is in no way responsible for the content or accuracy of such advertisements or the conduct or practices of such third parties.

6. Proprietary Rights. All products, services, resources, data, information, text, graphics, audio, video and other content of this Website are and will remain the exclusive property throughout the world of Neurogenetic and/or its licensors and suppliers, and are protected by applicable copyright law and international treaty. You hereby assign to Neurogenetic all right, title and interest in any suggestions, ideas, comments or other feedback communicated to Neurogenetic in connection with your access to or use of this Website. UNAUTHORIZED OR UNAPPROVED USE OF THIS WEBSITE OR ANY OF ITS CONTENT MAY CONSTITUTE COPYRIGHT INFRINGEMENT AND BE SUBJECT TO CIVIL AND/OR CRIMINAL LEGAL PENALTIES.

7. Notice of Copyright Infringement Claims. If you believe that any material on this Website constitutes infringement of your copyright or the copyright of any person whom you are authorized to represent, you should send written notice to Neurogenetic’s Copyright Agent (identified below) containing the following information:

(i) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(ii) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
(iii) A description of where the material that you claim is infringing is located, such as the URL where it is posted;
(iv) Your name, address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Neurogenetic’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Neurogenetic Trading Strategies, L.L.C.
12 Greenway Plaza, Suite 1100
Houston, Texas 77046
Attention: Copyrights Administrator

By telephone: (713) 960-9411
By fax: (713) 960-9414
By email: administrator@neurogenetic.com

Please note: This contact information is solely for reporting copyright infringement.

8. Trademarks. NeurogeneticSM, Neurogenetic Trading StrategiesSM, Neurogenetic ForumSM, Neurogenetic BookstoreSM and the stylized N in the form of an elongated square root symbol are trademarks and/or service marks and/or tradenames and/or service names of Neurogenetic; all other names, brands and marks used in these Terms of Use or on this Website are used for identification purposes only and may be tradenames, trademarks, service names or service marks of their respective owners. No license or authorization for their use by you or any third party is granted by or should be inferred from their use in this Website or from the provisions of these Terms of Use.

9. Interactive Communications. Neurogenetic may in its sole discretion make available on or through this Website an on-line chat room, user forum, bulletin board, or other interactive public, quasi-public or authorized users-only discussion venue to which persons not acting on behalf of Neurogenetic may post or upload content for review by others generally. In that event, each user who wishes to participate will be required to acknowledge and agree to the terms and conditions of an Interactive Forum Agreement at the time of his or her initial enrollment in such forum, and again each time that such user logs into such forum using his or her assigned password or other access code(s). In addition, Neurogenetic may, through this Website’s administrator, accept for display advertising, product or service descriptions or other similar content from you on such separate commercial advertising terms and conditions as Neurogenetic and you may agree. Otherwise, you agree that you will not attempt to post or upload content to this Website of any kind, except as required to complete or maintain your enrollment and otherwise as may be necessary and incidental to the proper and lawful use of this Website and related features, functionality or other content.

10. No Warranties. YOUR LICENSE TO ACCESS THIS WEBSITE IS GRANTED ON AN AS IS AND WITH ALL FAULTS BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PERTAINING TO THIS WEBSITE OR ITS FEATURES, FUNCTIONALITY OR OTHER CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply, and you may have other rights available that vary from jurisdiction to jurisdiction.

11. Exclusion of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL NEUROGENETIC OR ANY OF ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR ANY OTHER DAMAGES THAT IN ANY WAY RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) VIEWING OF, ACCESS TO OR OTHER USE OF THIS WEBSITE BY YOU OR ANY PERSON GAINING ACCESS THROUGH YOU (2) RELIANCE BY ANY PERSON ON THE CONTENT OF THIS WEBSITE, OR (3) ANY ACT OR OMISSION BY NEUROGENETIC OR ITS LICENSORS OR SUPPLIERS IN CONNECTION WITH THIS WEBSITE, REGARDLESS OF WHETHER NEUROGENETIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEUROGENETIC'S LIABILITY TO YOU OR ANY OTHER PERSON FOR ACTUAL AND DIRECT DAMAGES ARISING OUT OF OR RELATING TO ANY OF THE FOREGOING WILL BE LIMITED TO THE MAXIMUM AGGREGATE AMOUNT OF MONETARY SUMS ACTUALLY PAID BY YOU OR SUCH OTHER PERSON TO NEUROGENETIC (AND NOT, DIRECTLY OR INDIRECTLY, TO ANY THIRD PARTY VENDOR OR SUPPLIER REFERENCED IN THIS WEBSITE), OTHER THAN SUMS FOR WHICH YOU OR SUCH OTHER PERSON HAS RECEIVED ACTUAL VALUE. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply, and you may have other rights available that vary from jurisdiction to jurisdiction.

12. Termination. Neurogenetic has the right to terminate its operation of this Website or your access to this Website at any time and for any reason. Upon such termination, however caused, the provisions of these Terms of Use that expressly or by implication are intended to apply beyond such termination will survive such termination, including but not limited to the provisions of you agree to return or destroy all copies of any content obtained by you from this Website.

13. Exports and Non-U.S. Users. Neurogenetic operates and/or administers this Website from within the United States of America, and does not make any representation that features, functionality or other content of this Website are available, appropriate or lawful in any non-U.S. jurisdiction. Access to such content from jurisdictions where such access is illegal is a violation of these Terms of Use. Further, use of this Website from outside the U.S. is subject to U.S. export control and trade sanctions laws and regulations, including without limitation those administered by the U.S. Departments of Commerce, Treasury and State. These rules prohibit the export or re-export of this service to certain enumerated countries or regions, as well as the use or access of this product by, among others, (a) entities, nationals or residents of those countries or regions (including but not limited to Cuba, Iraq, Libya, Sudan, North Korea, Iran, or Syria), and (b) persons on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Commerce Department's Entity List, or the U.S. Commerce Department's Denied Parties List, and (c) persons whose export privileges have been suspended, revoked or denied by any U.S. federal agency. By your viewing of, access to or use of this Website, you represent and warrant that you are not, and are not under the control of, (i) any such entities, nationals or residents, (ii) a person identified on any of such lists or the subject of any such suspension, revocation or denial, or (iii) a person otherwise engaged in nuclear, biological or chemical weapons proliferation activity. You agree not to export or re-export any features, functionality or other content obtained from or through this Website to any third country without the consent of Neurogenetic and compliance with such laws, regulations, orders or other restrictions.

14. U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED -- RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Any computer software, computer software documentation, or technical data produced by Neurogenetic and obtained through this Website are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government of such software, documentation or data originating with Neurogenetic constitute unpublished commercial items within the meaning of applicable U.S. federal regulations and are subject to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights), as applicable and as amended from time to time. All U.S. Government end users gain access to, view and use such material only in accordance with the rights set forth herein. Contractor/Manufacturer is Neurogenetic Trading Strategies, LLC, 4545 Bissonnet, Suite 291, Bellaire, Texas 77401. Any contract notices should be sent to this address.

15. Notice To/Regarding Children Under the Age of 13. This Website is not intended for access, viewing or use by children under the age of 13, and Neurogenetic will not accept enrollment or participation in any interactive features of this Website by any such children of whose age Neurogenetic has actual knowledge. If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) on this Website.

16. Governing Law and Arbitration. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to its conflict of laws provisions. Subject to the provisions concerning preliminary injunctive relief set forth below, any controversy or claim arising out of or relating to these Terms of Use or the breach hereof shall be settled exclusively by arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall be held in Houston, Texas, in the English language, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, which judgment may include such equitable or injunctive relief as the arbitrator(s) direct in the award, or as is reasonably necessary to implement the terms of such award. Such awards shall be rendered in writing, stating the reasons therefor, and costs may be assessed by the arbitrator(s) as they determine to be appropriate. Any such claim must be brought within one (1) year following the date on which the claimant knew or reasonably should have known that the claim or cause of action arose. Notwithstanding the foregoing, Neurogenetic will have the right to seek and obtain from any court of competent jurisdiction preliminary injunctive relief against unauthorized access to or use of the features, functionality or other content of this Website, or other breaches of these Terms of Use, pending the outcome of the arbitration proceeding filed or to be filed with respect to such claim; provided, that under no circumstances shall any such application for preliminary injunctive relief be construed as or constitute a waiver of Neurogenetic’s right to require arbitration of the substance of any such claim as provided above.

17. Miscellaneous. All rights not expressly granted in these Terms of Use are reserved to Neurogenetic. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use. The failure of either party at any time to require the performance by the other party of any provision of these Terms of Use shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provisions, a waiver of the provision itself, or a waiver of any right under these Terms of Use. If any part of these Terms of Use is invalid or unenforceable, that part will be construed, limited, modified, or, severed so as to eliminate its invalidity or unenforceability, except to the extent that such invalidity or unenforceability gives rise to a fundamental failure of consideration. Failure of any party to perform any obligation under these Terms of Use caused by governmental restrictions, labor disputes, emergency, unavailability of services or materials, or other causes beyond the reasonable control of the party and which could not have been avoided by the party's use of due care shall not be deemed a breach of these Terms of Use, and if any time period for performance is involved, such period shall be deemed extended accordingly, provided that this sentence shall not apply to the payment of monies. Under local law and treaties, the restrictions and limitations of these Terms of Use may not apply to you; you may have other rights and remedies, and be subject to other restrictions and limitations.

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