Terms Of Service

Welcome to Indicalert.com ("Indicalert", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the IndicAlert website, including any content, functionality, and services offered on or through www.indicalert.com (the "Website").

Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

1. Use of the Website

1.1. Eligibility: You must be at least 18 years old and capable of forming a binding contract with us to use the Website. By using the Website, you represent and warrant that you meet these eligibility requirements.

1.2. Access and Accounts: You may need to create an account to access certain features of the Website. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

1.3. User Conduct: You agree to use the Website in compliance with all applicable laws and regulations and in a manner consistent with these Terms. You further agree not to:

  • Violate or infringe upon the rights of others, including intellectual property rights;
  • Interfere with or disrupt the operation of the Website or servers or networks connected to the Website;
  • Engage in any fraudulent, abusive, or unlawful activities;
  • Use the Website for any commercial purposes without our prior written consent.

2. Intellectual Property

2.1. Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by IndicAlert or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2. License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Website for your personal and non-commercial use.

2.3. Restrictions: Except as expressly authorized by us in writing, you may not reproduce, modify, distribute, create derivative works based upon, publicly display, publicly perform, or otherwise exploit the Website or any content therein.

3. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3.1 Not Investment Advice

The analysis provided within the Indicalert Platform is not to be construed as investment advice. It is imperative to understand that the insights offered by Indicalert should not serve as the sole basis for making investment decisions. We rely on third-party data, which may lack accuracy, therefore it is strongly advised to conduct your own due diligence, drawing from multiple sources of information and personal chart analysis.

Indicalert explicitly states that it does not provide investment advice. Our analysis is provided as-is and carries no guarantee of accuracy. Users are cautioned against making investment or trading decisions solely based on Indicalert's analysis without undertaking their own thorough due diligence.

3.2 Backtesting Disclaimer

Indicalert's backtesting system, known as the "Backtesting Module" is designed to estimate the historical performance of technical strategies under ideal market conditions. However, it is crucial to note that backtesting does not predict future performance or serve as a forecast. It operates under the assumption of a liquid market, perfect order execution, and other ideal conditions, and may contain inaccuracies due to errors in historical data or computational algorithms.

The Backtesting Module is provided as-is, without any warranty, and users should refrain from making investment or trading decisions solely based on backtesting analysis provided by Indicalert without conducting their own comprehensive due diligence.

3.3 Investment Decisions

Users of the Indicalert Platform assume all risks associated with their investment decisions. It is acknowledged that Indicalert relies on potentially inaccurate third-party information and unproven mathematical models, making it unreliable as a sole source of investment advice.

Before executing any trade, users are strongly advised to seek counsel from registered and licensed professionals and/or conduct their own thorough due diligence using a variety of information sources. Indicalert disclaims responsibility for any investment decisions made solely based on information provided by the platform.

3.4 Alerts Disclaimer

Indicalert provides alerts to notify users based on their own created strategies. However, we do not guarantee that alerts will trigger at the right time, or may even never trigger. There may be delays or technical problems that could affect the timely delivery of alerts. Users should be aware of this limitation and exercise caution when relying on alerts for making investment decisions.

4. Severability

In the event that any portion or provision of these Terms of Service for Indicalert becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, the parties agree that the provision will be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.

5. Limitation of Liability

IN NO EVENT WILL INDICALERT, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE.

6. Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of U.S., without giving effect to any choice or conflict of law provision or rule.

7. Changes to the Terms

We reserve the right to modify or update these Terms at any time, effective upon posting the revised Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms.

8. Contact Us

If you have any questions about these Terms or the Website, please contact us at [email protected].

Last Updated: [02-28-2024]

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.