Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Website (“Website”), our products, and our material. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
Disclaimer and Disclosure
KIS Chart Analysis is not registered as an investment adviser. Rather, KIS Chart Analysis relies upon the “publisher’s exclusion” from the definition of investment adviser as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, KIS Chart Analysis does not offer or provide personalized investment advice. This Websites is a bona fide publication of general and regular circulation offering impersonal investment-related advice to membership subscribers and/or prospective subscribers.
KIS Chart Analysis is not registered as an investment adviser with the U.S. Securities and Exchange Commission and we are not a registered broker-dealer. The information we publish is based on our opinions plus our statistical and financial data and independent research. Material provided by KIS Chart Analysis is for informational purposes only, and that no mention of a particular security in any of our materials constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent that any of the information obtained from KIS Chart Analysis may be deemed to be investment opinion, such information is impersonal and not tailored to the investment needs of any specific person. KIS Chart Analysis does not promise, guarantee or imply verbally or in writing that any information provided through our Website, newsletters, or reports, in any printed material, or displayed on our Website, will result in a profit or loss.
We encourage you to get personal advice from your professional investment, tax, or legal advisor(s) and to initiate independent investigations before acting on any information that we publish. Only you and your professional advisors can determine what level of risk is appropriate for you.
Employees, owners, independent contractors, and/or writers of KIS Chart Analysis may own positions in the equities, options, and/or securities they recommend in our reports, newsletters, and Website, without disclosing their ownership position. No associated employees will intentionally engage in any transaction that directly or indirectly competes with the interests of our subscribers. KIS Chart Analysis is not compensated in any way for publishing information about stocks referred to in our reports, newsletters, and Website.
The information, content and documents available from or through the Website are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of or inability to use any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Website and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
No Legal, Tax, or Investment Advice
Information contained on or made available through the Website or our products is not intended to and does not constitute tax, legal, or investment advice or recommendations; which should be obtained from your professional advisors prior to engaging in any investment of the type discussed in the information or on the Website. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Website. Your use of information on the Website or materials linked to the Website is entirely at your own risk.
Performance Figures
While we attempt to evaluate the actual experience and results of subscribers, performance figures should be considered hypothetical. Past results are no guarantee of future performance. Due to the time critical nature of stock, option, and securities trading, brokerage fees and expenses, and the activity of other subscribers and investors, KIS Chart Analysis cannot guarantee that subscribers will generate the exact returns stated in our promotions and track records. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in our track records and promotions. Your results may differ considerably depending on a number of factors including when you start or stop investing in a particular security or strategy, which recommendations you choose to act on, how much investment capital you allocate to each position, the specific prices you are executed at, the brokerage commissions and fees you pay, the interest income you earn on idle cash, and the number and size of profitable and unprofitable trades you experience.
Due to these and other factors, testimonials may or may not represent actual results. Any endorsements or testimonials found on our Website were voluntarily provided by the people listed. They were not paid a fee or provided with free products or any other benefits in exchange for their statements. The testimonials and endorsements found on our Website are to the best of our knowledge true statements, however we have not independently verified any statements. Please note results mentioned in testimonials and endorsements may not reflect the typical customer experience. These testimonials and endorsements are not a representation or guarantee that you will obtain similar results.
Securities Laws
The Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Websites, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward looking statements designed to fall within securities law safe harbors for forward looking statements. Actual events or results may differ. We have no obligation to update any information on the Website. The Website and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities related filings or documents.
Limited License and Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notice contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Website and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content and Materials retrieved there from; (b) use the Website or any materials obtained from the Website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Website; (d) use any Content and Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.
Forms, Agreements & Documents
We may make available through the Website sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy, and/or appropriateness. The documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents are not tailored for the investment or business needs of any specific person and may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Use of any Documents is at your own risk. Some Documents are public domain forms or available from public records.
Copyright and Service Marks
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website is the copyrighted work of third parties. KIS Chart Analysis and KISChartAnalysis.com and other marks used on the Website are our service marks or registered service marks or trademarks. Certain other product and company names mentioned on the Website may be trademarks of their respective owners.
Linking to the Website
You may provide links to the Website, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website, (b) your Website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Website immediately upon request by us.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Registration
Certain sections of, or offerings from, the Website may require you to register and/or enter a password. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information, if requested. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that transpire under your subscription account or password. Any password given to you to obtain information or documents is not transferable or assignable. Those under the age of 16 may not use this Website or any of KIS Chart Analysis’s paid products. KIS Chart Analysis reserves the right to refuse service, access, terminate subscriptions, remove or edit content, or cancel orders in its sole discretion.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review the Privacy Policy on this Website.
Vacation Policy
KIS Chart Analysis’s employees may take up to at least 4 weeks of vacation per calendar year. Which means that KIS Chart Analysis will distribute less than 52 publications of its analysis/report/newsletter every year. All premium subscription members will be given a 14 calendar day notice, whenever the KIS Chart Analysis weekly distribution will be interrupted due to the employee vacation policy. There will not be any monthly subscription refunds or pro-rata refunds offered during these infrequent events.
Subscription Terms and Payment:
Payment for any subscription will be due on the date the order is placed by you for the service. The subscription term will start on the day you register and pay for the service and terminate according to the schedule listed on the order form. Current subscription rates can also be found on the order form before an order is placed. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Subscription Termination
All subscriptions can be cancelled at any time. In order to cancel your subscription, please send us an email to customerservice@
Cancellations initiated within this 7 CALENDAR DAY period will be billed for the next month. No refunds will be issued.
We reserve the right to end your subscription and use of our services at any time for any reason, including without limitation any breach by you of this agreement of these Terms of Use.
Referral Policy
Our established community has been built on referrals, because our members believe so much in our product that they refer family and friends to our website. Some referrals will choose to join the premium membership community immediately and some will decide to try our 2 week free trial offer and others will join our mailing list. No matter which option they choose you could potentially reduce your monthly subscription amount if they sign-up as a premium member.
After you become a community member, you will be given a code that will be used to track your referrals. If your referral becomes a KIS Chart Analysis subscriber, then you will get $10.00 off your next month’s bill for as long as they continue to stay subscription members. For example:
- If you refer One person who becomes a member, your monthly bill will be $90.00.
- If you refer Two individuals who become members, your monthly bill will be $80.00.
- If you refer Three individuals who become members, your monthly bill will be $70.00.
- If you refer Four individuals who become members, your monthly bill will be $60.00.
- If you refer Five individuals who become members, your monthly bill will be $50.00.
- If you refer Six individuals who become members, your monthly bill will be $40.00.
- If you refer Seven individuals who become members, your monthly bill will be $30.00.
- If you refer Eight individuals who become members, your monthly bill will be $20.00.
- If you refer Nine individuals who become members, your monthly bill will be $10.00.
- If you refer Ten individuals who become members, your monthly bill will be FREE..
Automatic Subscription Renewal
All subscriptions will renew automatically according to the payment option you selected and authorized at the time of purchase; unless you notify us at least 7 calendar days prior to your renewal. This notification can be through email. If you do not notify us of your desire to cancel, then applicable subscription fees will automatically be billed to the same credit card used to initiate the subscription.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Errors, Corrections and Changes
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely, without errors, or otherwise reliable. This information is based on prospectus, SEC filings, public filings, current events, press releases, interviews, books, lectures, and is often derived directly from the information published by the companies on which we report, without independent verification. You should not make any investment decision based solely on what you read on our Website or in any of our investment reports or newsletters.
Material based on fact is obtained from sources believed to be reliable, but we are not responsible for any errors or omissions, or for the results of action taken based on information contained herein, on our Website, in our reports and newsletters. Nothing herein should be construed as an offer to buy or sell securities or to give individual investment advice. Due to numerous factors, including, but not limited to, changing market conditions, such discussions and positions may no longer be representative of current discussions and positions. KIS Chart Analysis does not in any way warrant or guarantee the success of or endorse any action that you take in reliance of or on the information we provide or that is derived from our Website, newsletters, or reports.
We may add, change or delete the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Website or any services or products obtainable therefrom, (b) the unavailability or interruption of the Website or any features thereof, (c) your use of the Website, (d) the content contained on the Website, or (e) any delay or failure in performance beyond our or an Affiliated Party’s control.
(b) The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the website and/or the products, information, documents and services provided herein, whether in contract, tort, negligence, or otherwise, hereby shall not exceed the fees received by KIS Chart Analysis from subscriber and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party. Further, KIS Chart Analysis will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by social leverage research.
Without limitation, KIS Chart Analysis shall not be responsible or liable for any losses or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment, (2) a subscriber’s inability to use or any delay in accessing of KIS Chart Analysis Website or any other source of information provided by KIS Chart Analysis, (3) any absence of material or information on our Website, (4) KIS Chart Analysis failure to deliver any material or (5) any other kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way may be deemed unsuitable in accordance with certain industry standards. KIS Chart Analysis and subscriber acknowledge that, without limitation, the above enumerated conditions cannot be the probable cause of any breach of any agreement between KIS Chart Analysis and subscriber. “No-risk” and “risk-free” refer solely to the price of the subscription and its ability to be refunded.
Advertisers and Third-Party Content
The Website may contain advertising and sponsorships. Advertisers, sponsors or other third-party content may appear on the Website or may be accessible via links from the Website. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We do not endorse the products or services advertised on the Website and make no representations or warranties about the kind or quality of products or services. We do not verify licenses, accreditations or qualifications of any third party. We are not responsible for and assume no liability for any inaccuracies, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. You are responsible for purchase and use of any third-party product or services.
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked websites on our Website does not imply approval or endorsement of the linked website by us. You acknowledge that KIS Chart Analysis has no control over any third-party websites. If you decide to leave our Website and access these third-party websites, you do so at your own risk. You should contact the websites administrator or webmaster for these other websites if you have any concerns regarding such links or content located on such websites.
If you purchase anything through a link in one of our emails or from a link on our Website, you should assume that we have an affiliate relationship with the company providing the product or service that you purchase, and that we will be paid in some way. We recommend that you do your own independent research before purchasing anything.
Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant websites or any other websites linked to our Website. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Website; d. Your address, telephone number, and email address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. 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 authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to customerservice@
Information and Press Releases
The Website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content and Materials provided therein.
Refund and Return Policy
We do not offer refunds or returns on any of our products. To reiterate, no refunds will be issued.
Please note, however, that certain products and services mentioned on our Website are sold by third parties or are linked to third party websites, and we have no responsibility or liability for those products or services. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us via email.
Brokers
KIS Chart Analysis is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. KIS Chart Analysis is not and will not be responsible for any trades made by a broker on the subscriber’s behalf under any circumstances.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Denver, Colorado and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either we or you may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
Miscellaneous
Your right to use the Website is not transferable or assignable. This Agreement shall be treated as though it were executed and performed in Denver, Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). Any cause of action by you with respect to the Website (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
These terms and conditions including those that are incorporated by reference, constitute the entire agreement and only agreement between you and KIS Chart Analysis LLC and govern the use of our Website, products, services, reports, and newsletters. Our rights under this Agreement shall survive any termination of this Agreement. Notwithstanding any other agreement or communication(s) between KIS Chart Analysis and subscriber to the contrary, receipt or use of any material or information provided by KIS Chart Analysis, at any time and through any means, whether directly or indirectly, represents acknowledgement and acceptance by such person of the terms and conditions of this agreement.These terms and conditions including those that are incorporated by reference, constitute the entire agreement and only agreement between you and KIS Chart Analysis LLC and govern the use of our Website, products, services, reports, and newsletters. Our rights under this Agreement shall survive any termination of this Agreement. Notwithstanding any other agreement or communication(s) between KIS Chart Analysis and subscriber to the contrary, receipt or use of any material or information provided by KIS Chart Analysis, at any time and through any means, whether directly or indirectly, represents acknowledgement and acceptance by such person of the terms and conditions of this agreement.
If you have questions, please feel free to contact us.
Effective March 1, 2018