Disclaimer
TERMS AND CONDITIONS of use for the YourGutFeeling.com website (the "Website")
Website users must read these terms and conditions of use prior to their use of this Website.
The techniques, methods and procedures described in "Your Gut Feeling" and this website are intended to run simultaneously with conventional medical supervision and not as a substitution. You are strongly advised to continue with medical supervision until such time that your medical physician advises you otherwise.
A user's continuing access or use of the Website signifies the USER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE ("Terms"). From time to time, FlagTrader.com Ltd (the Company) reserves all rights to modify the Terms of the Website. Accordingly, a user should continue to review the Terms whenever accessing or using the Website. A user's access or use of the Website after the posting of modifications to these Terms will constitute such user's acceptance of the Terms, as modified. If a user refuses to accept the Terms, such user may not use the Website. Any terms and conditions proposed by a user which are in addition to or which conflict with these Terms are expressly rejected by the Company and shall be of no force or effect.
- CONSENT TO TERMS AND CONDITIONS FOR USE.
You, as a Website user, represent that you have read, understand, and agree to be bound by the Terms for the Website. You also agree (a) that your use of the Website is subject to all applicable international, federal, state, and local laws, (b) not to use the Website for illegal purposes, and (c) not to interfere with or disrupt the Website or networks connected to the Website.
- COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND PROPRIETARY RIGHTS.
The design of, as well as the materials, content, text, graphics, and information contained in, the Website ("Materials") are owned, licensed, and controlled by the Company or the party credited as the owner, licensor, or provider of such Materials. The Materials on the Website, including, but not limited to all menu pages, content, text, video, audio and graphics are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the England & Wales, The United States and other countries. The Website is also protected as a collective work or compilation under United Kingdom, United States copyright and other laws. You agree to comply with all applicable copyright and other laws. You may view, print and download one copy of the contents for your personal non-commercial use, provided you maintain all copyright, trademark and other notices contained on the Materials. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, teach, broadcast, create a derivative work from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without the Company's prior written consent. Request for such consent must be made in writing and should be mailed to FlagTrader.com Ltd, Unit 73 Mendip Court, Chatfield Road, London, SW11 3UZ, England; or you may send an e-mail message to: support@yourgutfeeling.com.
- DISCLAIMERS.
Although the contents provided on the Website have been obtained from sources believed to be reliable, they are provided to you on an "AS IS" basis. The Company makes no warranties, expressed, implied, or statutory including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party. You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) that the Company does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website or any linked website, and (c) that the provision of certain portions of the Website is subject to the terms and conditions of other agreements to which the Company is a party. ACCORDINGLY, THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, AND ASSIGNEES (THE "COVERED PARTIES" SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES, WHETHER OR THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR (a) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (b) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION; (c) YOUR USE OF THE MATERIALS (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE MATERIALS), OR (d) YOUR USE OF ANY EQUIPMENT IN USING THE MATERIALS OR (e) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID FOR MEMBERSHIP TO THE APPLICATION. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
- WEBSITE DISCLAIMER.
Although the contents provided on the Website have been obtained from sources believed to be reliable, they are provided to you on an "AS IS" basis. the Company makes no warranties, expressed, implied, or statutory including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party. You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) that the Company does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website or any linked website, and (c) that the provision of certain portions of the Website is subject to the terms and conditions of other agreements to which the Company is a party. ACCORDINGLY, THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, AND ASSIGNEES (THE "COVERED PARTIES" SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES, WHETHER OR THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR (a) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (b) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION; (c) YOUR USE OF THE MATERIALS (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE MATERIALS), OR (d) YOUR USE OF ANY EQUIPMENT IN USING THE MATERIALS OR (e) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID FOR MEMBERSHIP TO THE APPLICATION. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. Email support is provided on support@yourgutfeeling.com.
- REPRESENTATIONS.
You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in the Terms.
- INDEMNIFICATION.
You agree, at your expense, to indemnify, defend and hold harmless the Company, its officers, directors, members, employees, affiliates, subsidiaries, agents, and assignees from any and all claims, suits, actions, or other proceedings based on or arising in connection with the Website or any links on the Website, including, but not limited to: (a) a violation of the Terms by you or any other person using your computer (or account); (b) your use of the Website; (c) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libellous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. the Company's cooperation in such defence is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
- TERMINATION.
Monthly subscribers may terminate the agreement by giving advanced notice in writing (including email to support@yourgutfeeling.com) stating your USERNAME and PASSWORD and by discontinuing the use of the Website and destroying all materials obtained from the Website. The Company may terminate the subscription for access to the Website. The effective date of such termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. These Terms will terminate immediately without notice from the Company if the Company determines that you have failed to comply with any provision of these Terms. The Company reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by you or upon notice of termination by the Company, you must destroy promptly all Materials obtained from the Website. Sections two through six (2 - 6) and eight through ten (8 - 10) shall survive any termination of the Terms.
- GOVERNING LAW.
The Terms shall be governed and construed in accordance with the laws of England and Wales.
- SEVERABILITY.
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
- REFUNDS.
Unless otherwise stated for specific offers, the Company operates a 7-day money back guarantee in respect of CD purchases only. By returning the CDs you will no longer have access to paid areas of the YourGutFeeling web site. Those monthly subscribers who wish to terminate this Agreement may do so by giving a MINIMUM 1 month advanced notice in writing (including email to support@yourgutfeeling.com) stating your USERNAME and PASSWORD. the Company reserves the right to retain the monthly fees due in respect of previous quarter's membership. In any case our refund policy is at the discretion of management.
- COPYRIGHT.
YourGutFeeling is a trade mark (TM) of FlagTrader.com Ltd. All rights reserved. Copyright © 2007-2009
- ENTIRE AGREEMENT.
The Terms and any other YourGutFeeling terms and conditions for use of the Website, and its successor Websites, constitute the entire agreement between you and the Company and govern your use of the Website.
Privacy Policy
PRIVACY POLICY for the YourGutFeeling.com website (the "Website")
FlagTrader.com Ltd is committed to safeguarding your privacy online. Please read the following statement to understand how your personal information will be treated as you make full use of the Website. The Website is owned and operated by FlagTrader.com Ltd.
If you have any questions regarding our privacy statement, please feel free to contact us by e-mail at support@yourgutfeeling.com
Gathering of Information
Voluntary Submission
The Company does not collect personally identifying information about any individual Website user except when knowingly provided by such individual.
Cookies
A cookie is a data file that certain Web sites write to your computer's hard drive when you visit such sites. A cookie file can contain information, such as a user identification code, that the site uses to track the pages you have visited. The Company uses cookies solely to track user traffic patterns throughout the Website and to allow you access to "member only" sections of the site. We use this data on a strictly anonymous basis and we do not correlate this information with personal data of any user.
Most Web site browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our Web site, you may not be able to use certain features of the site.
Browser Level Information
YourGutFeeling Web servers automatically collect information about a site user's IP address, browser type and referrer by reading this information from the user's browser (information provided by every user's browser). This information is collected in a database and used--in an aggregated, anonymous manner--in our internal analysis of traffic patterns within our Web site. This information is automatically logged by most web sites.
Use of Information
Our primary goal in collecting user information is to enhance your experience on our Web site.
YourGutFeeling is predominantly a subscription web site. In order to keep subscription costs to a minimum we seek to attract paid advertisements on the site. To attract and retain advertisers we use aggregated, anonymous information that we gather (as well as information from third-party market researchers) to describe our services to partners and to assist our advertisers and sponsors to better understand our audience. This is essential to keeping our service at a low cost to our users. We do not disclose personally identifying information about our users to these parties.
The Company may also disclose information about our users when we believe, in good faith, that the disclosure is required by law.
