By accessing or otherwise using this site, you agree to be bound contractually by these Terms and Conditions.
TERMS AND CONDITIONS, AND DMCA NOTICE
Effective Date: January 1, 2013
To review material modifications and their effective dates scroll to the bottom of the page.
The parties to these Terms and Conditions are you, and the owner of this website business, OmegaSigma Indicators and/or OmegaSigma Tradecraft ("OmegaSigma Indicators and/or OmegaSigma Tradecraft"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business (omegasigmaindicators.com and/or omegasigmatradecraft.com) and OmegaSigma Indicators and/or OmegaSigma Tradecraft.
We reserve the right to modify these Terms and Conditions at any time, and without prior notice, by posting an amended Terms and Conditions that is always accessible through the Terms and Conditions link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates.
YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS AND CONDITIONS ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS AND CONDITIONS.
Through its network of Web properties, OmegaSigma Indicators and/or OmegaSigma Tradecraft, provides you with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions.
4.1 You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement.
4.2 You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
4.3 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device.
All rights not expressly granted in this Agreement are reserved by us and our licensors.
5.1 Any software that is made available to download from the Site ("Software") is the copyrighted work of OmegaSigma Indicators and/or OmegaSigma Tradecraft, and/or its suppliers.
5.2 Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
5.3 The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
If any equity Trading performance is displayed on this website, it is hypothetical. The following Commodity Futures Trading Commission (CFTC) disclaimer should be noted. (This notice is also at the bottom of almost every page on this site).
U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This, and all other information on our website, is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.
One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight.
In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results.
There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates have no personal knowledge of your circumstances. Therefore, no consideration can or is made toward your specific financial circumstances. All material presented within this website is not to be regarded as investment advice, but is for general informational/educational purposes only.
Trading futures and other financial instruments involves a great deal of risk of loss of capital, so caution must always be utilized. We cannot guarantee profits or freedom from loss. You assume the entire cost and risk of any trading you choose to undertake. You are solely responsible for making your own investment decisions.
OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates, its owners, or its representatives are not registered as securities broker-dealers or investment advisors either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority.
If you insist on trading any equities in the financial markets, we recommend that you consult a registered investment advisor, broker-dealer, and/or financial advisor. If you choose to invest with or without seeking advice from such an advisor or entity, any consequences resulting from your investments are your sole responsibility. We hereby disclaim all liability for any results of any trading that you undertake, whether based on information from this website of elsewhere.
All information posted on this website is believed to come from reliable sources. OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates do not warrant the accuracy, correctness, or completeness of information available from its services, and, therefore, will not be liable for any losses that you may incur.
Due to the electronic nature of the Internet, OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates website, or its fax and e-mail distribution services could fail at any time. OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates will not be responsible for unavailability of use of its website, nor undelivered faxes or e-mails due to Internet bandwidth problems, equipment failure, or acts of God.
OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates, its owners, or its representatives may hold positions in the securities mentioned at this website at any time. However, in no way is OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates soliciting an offer to purchase securities mentioned at this website.
There is no guarantee past performance will be indicative or future results. No assurance can be given that the recommendations, if any, of OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates will be profitable or will not be subject to losses. Remember to always manage your money like it is a business.
The results listed at this website, if any, are based on hypothetical trades. Plainly speaking, these trades were not actually executed. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated trades do not represent actual trading. Also, since the trades have not actually been executed, the results may have over or under compensated for the impact, if any, of certain market factors such as lack of liquidity. You may have done better or worse than the results portrayed. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
No independent party has audited the hypothetical performance contained at this website, nor has any independent party undertaken to confirm that they reflect the trading method under the assumptions or conditions specified hereafter. While the results presented at this website are based upon certain assumptions believed to reflect actual trading conditions, these assumptions may not include all variables that will affect, or have in the past affected, the execution of trades indicated by OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates.
The hypothetical results on this website are based on the following assumptions: The simulation assumes that prices are not influenced by the trades of OmegaSigma Indicators and/or OmegaSigma Tradecraft and its Affiliates, its owners, or its representatives, regardless of the number of contracts executed. The simulation assumes purchase and sale prices believed to be attainable. In actual trading, prices received may or may not be the same as the assumed order prices.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that:
(1) Our copyright notice appears in all copies and that both the copyright notice and this permission notice appear.
(2) Use of such Documents from the Services is for informational and non-commercial or personal use only, and will not be copied or posted on any network computer or broadcast in any media.
(3) No modifications to any Documents are made.
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum possible extent of the law.
Documents, as specified above do not include the design or layout of the OmegaSigma Indicators and/or OmegaSigma Tradecraft Web site or any other OmegaSigma Indicators and/or OmegaSigma Tradecraft, owned, operated, licensed or controlled site. Elements of OmegaSigma Indicators and/or OmegaSigma Tradecraft Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any OmegaSigma Indicators and/or OmegaSigma Tradecraft Web site may be copied or retransmitted unless expressly permitted by OmegaSigma Indicators and/or OmegaSigma Tradecraft.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify OmegaSigma Indicators and/or OmegaSigma Tradecraft, immediately of any unauthorized use of your account or any other breach of security.
We shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OmegaSigma Indicators and/or OmegaSigma Tradecraft, or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission of the account holder.
We shall not treat information that you post to areas of this site, and that is viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential.
We have no obligation to monitor posts to this site or to exercise any editorial control over such posts. However, we reserve the right to review such posts, and to remove any material that, in our judgment, is not appropriate.
Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including, but without limitation, information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
The Services that we provide may include e-mail services, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
10.1 Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
10.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
10.3 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
10.4 Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, (including, by way of example, and not as limitation, copyright or trademark laws), or by rights of privacy or publicity, unless you own or control the rights thereto, or have received all necessary consent to do the same.
10.5 Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
10.6 Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
10.7 Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
10.8 Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
10.9 Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
10.10 Restrict or inhibit any other user from using and enjoying the Communication Services.
10.11 Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
10.12 Harvest or otherwise collect information about others, including e-mail addresses.
10.13 Violate any applicable laws or regulations.
10.14 Create a false identity for the purpose of misleading others.
10.15 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein.
We are not responsible for content or any other information posted to this site by third parties.
We neither warrant the accuracy of such postings, nor exercise any editorial control over such posts. Nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
Except for information provided by you or other users of the site, the material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
15.1 OmegaSigma Indicators and/or OmegaSigma Tradecraft, does not claim ownership of the materials you or other users provide to OmegaSigma Indicators and/or OmegaSigma Tradecraft, (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting OmegaSigma Indicators and/or OmegaSigma Tradecraft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all OmegaSigma Indicators and/or OmegaSigma Tradecraft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
15.2 No compensation will be paid with respect to the use of your Submission, as provided herein. OmegaSigma Indicators and/or OmegaSigma Tradecraft, is under no obligation to post or use any Submission you may provide and, at its sole discretion, OmegaSigma Indicators and/or OmegaSigma Tradecraft, may remove any Submission at any time, without prior or subsequent notice to you.
15.3 By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms and Conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
15.5 By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms and Conditions, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
P. O. Box 51039,
Durham, NC 27717-1039.
Agent's Name/Email Address:
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.
If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE AND ANY OTHER SOFTWARE IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OmegaSigma Indicators and/or OmegaSigma Tradecraft DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE.
THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OmegaSigma Indicators and/or OmegaSigma Tradecraft DOES NOT WARRANT THAT THE SOFTWARE OR ANY OTHER SOFTWARE IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OmegaSigma Indicators and/or OmegaSigma Tradecraft OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LICENSEE ACKNOWLEDGES THAT OmegaSigma Indicators and/or OmegaSigma Tradecraft IS NOT RENDERING ANY LEGAL, PROFESSIONAL OR AVIATION SERVICES TO LICENSEE. LICENSEE IS RESPONSIBLE FOR KEEPING INFORMED OF ANY CHANGES IN LAWS, REGULATIONS AND OTHER PRACTICES AFFECTING ITS USE OF THE SOFTWARE AND/OR ITS BUSINESS. OmegaSigma Indicators and/or OmegaSigma Tradecraft DOES NOT WARRANT THAT THAT THE USE OR OPERATION OF THE SOFTWARE AND ANY OTHER SOFTWARE COMPLIES OR WILL ASSIST IN COMPLIANCE WITH ANY STATUTES, REGULATIONS, INDUSTRY STANDARDS OR PROCEDURES, INCLUDING THOSE THAT ARE AVIATION OR FLIGHT RELATED.
IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
P. O. Box 51039,
Durham, NC 27717-1039.
Agent's Name/Email Address:
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
OmegaSigma Indicators and/or OmegaSigma Tradecraft, or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works.
This policy is in place so as to avoid potential misunderstandings or disputes when OmegaSigma Indicators and/or OmegaSigma Tradecraft's products or marketing strategies might seem similar to ideas submitted to OmegaSigma Indicators and/or OmegaSigma Tradecraft. So, please do not send your unsolicited ideas to OmegaSigma Indicators and/or OmegaSigma Tradecraft or anyone at OmegaSigma Indicators and/or OmegaSigma Tradecraft.
If, despite our request that you not send us your ideas and materials, you still send them, please understand that OmegaSigma Indicators and/or OmegaSigma Tradecraft makes no assurances that your ideas and materials will be treated as confidential or proprietary. Whereas we may dispose of any such material without notice to you, we shall nevertheless, assume that, by sending us such unsolicited material, despite our specific request that you do not do so, you have granted OmegaSigma Indicators and/or OmegaSigma Tradecraft all rights to use same, in any manner that OmegaSigma Indicators and/or OmegaSigma Tradecraft should see fit, with no recompense, or compensation, financial or otherwise, to you.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect.
There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Richmond, Virginia, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of North Carolina, USA to all issues in dispute.
The 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 findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
The courts of Durham County in the State of North Carolina, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms and Conditions.
This Agreement shall be construed under the laws of the State of North Carolina, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We shall not be liable, and hereby disclaim all liability for damages caused by any delay or failure of delivery arising out of causes beyond our reasonable control, and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
You agree to indemnify, defend, and hold harmless omegasigmaindicators.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Material Modifications since January 1, 2013: none.