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CandleWave, LLC & CandleWave.com
PAST PERFORMANCE IS NO
GUARANTEE OF FUTURE RESULTS.
Terms of Use; Disclosure and Disclaimer; Conditions
CandleWave, LLC is a Florida Limited
Liability Company with offices at 906 Whippoorwill Drive, Palm Harbor FL 34683.
CandleWave, LLC is a research and publishing company which provides training,
educational, and market information services, specifically applicable, inter
alia, to various stock Indexes as intended relative proxies for the individual
securities which are contained therein from time to time, through its website
located at www.candlewave.com (the “site.”) CandleWave, LLC is not a
registered investment adviser. It does not offer or provide, nor does it claim
to offer or provide, personal investment advice, nor does it represent that the
impersonal investment-related advice which it provides is suitable for any
particular subscriber or prospective subscriber. Rather, CandleWave, LLC relies
upon the “publisher’s exclusion” from the definition of “investment adviser” as
recited in Section 202(a)(11) of the Investment Advisers Act of 1940 and
corresponding state securities laws. The Site is a bona fide publication of
general and regular circulation offering impersonal investment-related advice to
subscribers and prospective subscribers; that is, it is not geared to or
reflective of the specific investment style, desires, or requirements of current
and prospective subscribers, who must determine for themselves the suitability,
completeness, accuracy, value, and relevance of all such advice.
The Site is currently primarily engaged in the distribution of
investment-related information pertaining to CandleWave, LLC’s wave-based and
candle-charting-based analyses (the “Service”), as specifically applied to
various stock Indexes, together with (from time to time, or not at all, at
CandleWave, LLC’s discretion) access to additional impersonal investment-related
information and links. The publication of the Site on the Internet is not, and
should not be construed by any subscriber or prospective subscriber to be,
CandleWave, LLC’s solicitation to effect, or attempt to effect, transactions in
securities over the Internet, or otherwise. CandleWave, LLC may receive a fee
from an affiliated or unaffiliated service provider which it may recommend on
the Site. While CandleWave, LLC may review the products and services of any such
affiliated or unaffiliated service provider which it may recommend on the Site,
subscribers and prospective subscribers must determine for themselves the
suitability, completeness, accuracy, value, and relevance of any information
prepared by an unaffiliated third party, whether linked to the Site or
incorporated therein, and CandleWave, LLC takes no responsibility therefor. All
such information is provided solely as a convenience to subscribers and
prospective subscribers, and all users thereof should be guided accordingly.
Subscribers to the Service do not and will not receive investment reporting,
investment supervisory or investment management services, or the ongoing review
analysis, critiquing, or monitoring of any subscriber’s individual investments.
Therefore, no subscriber to the Service should assume that his/her/its
participation in the Service serves as a substitute for ongoing individual
personalized advice from an investment professional of the subscriber’s
choosing. Rather, the Service is designed and intended solely to provide
subscribers with a means of obtaining and evaluating information regarding the
state of the market, the state of the economy, market trends, current world and
national events, trading methodology, and other related information.
The subscriber to the Service retains and maintains absolute sole control and
discretion (to the specific exclusion of CandleWave, LLC therefrom) with respect
to following, or not following, any actual or proposed recommendations of the
Service, or any portion thereof. CandleWave, LLC is not a broker-dealer and does
not offer or provide investment implementation services (such as brokerage
services), nor does it offer or provide initial or ongoing individual
personalized investment advice, whether in person or via the Internet or by any
other means of communication.
PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
CandleWave, LLC
makes no representation or guarantee of any kind, whether explicit or implicit,
of performance or of results. CandleWave, LLC assumes no liability for your
trading or investment results. Therefore, no current or prospective subscriber
should assume that the future performance of any specific investment or
investment approach or investment suggestion or investment strategy (including
the investments and/or investment strategies recommended or undertaken by the
Service) or product referred to directly or indirectly by CandleWave, LLC on the
Site, or indirectly via a link to an affiliated and/or unaffiliated third party
web site, will be profitable or that it will equal or exceed historical or
anticipated performance level(s). Different types of investments involve varying
degrees of risk, and there can be no assurance that any specific investment or
investment strategy, including the recommendations and/or strategies of the
Service, will be suitable and/or profitable for a subscriber’s and/or
prospective subscriber’s investment portfolio.
All investments in securities involve risk of loss, which may be substantial.
No subscriber should invest more than he/she/it can comfortably afford to lose.
Certain portions of the Site may contain discussion or and/or private access to
CandleWave, LLC’s investment positions and/or recommendations (and those of
other investment and non-investment professionals) as of a specific prior date.
Due to various factors, including but not limited to the passage of time,
changing market conditions, and regulatory action by Government, such discussion
may no longer reflect current position(s) and recommendation(s). Conditions in
the markets can change very rapidly. Further, no subscriber or prospective
subscriber should assume that any such discussion serves as the receipt of, or
as a substitute for, individual personalized investment advice from an
investment professional of his/her/its choosing, for there is no substitute for
such individual personalized professional investment advice.
To the extent that any subscriber or prospective subscriber utilizes any
economic calculator or similar device contained within or linked to the Site,
the subscriber or prospective subscriber acknowledges and understands that the
information resulting from the use of any such calculator or device should not
and must not be construed, in any manner whatsoever, as the receipt of, or as a
substitute for, advice from CandleWave, LLC or from any other affiliated or
unaffiliated organization linked to the Site.
Each subscriber or prospective subscriber acknowledges and accepts the
limitations of the Service, and agrees, as a condition precedent to his/her/its
access to the Site, that it does hereby, and shall continue to, release and hold
harmless CandleWave, LLC and its owners, directors, officers, employees, and
agents from any and all claims for loss or damages arising from his/her/its
subscription, or prospective subscription, to the Service.
Each subscriber or prospective subscriber agrees and acknowledges that all
materials and information which he/she/it may receive from CandleWave, LLC are
only for his/her/its personal use, and are not to be sold or to be redistributed
to any other party by any means whatsoever.
The Service is provided “As Is,” without warranty of any kind, whether express
or implied, including, without limitation, data, services, uninterrupted access,
suitability,
warranty of non-infringement, merchantability, or fitness for a particular
purpose. This disclaimer of liability applies to any damages or injury caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
electrical power failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract, tort,
negligence, or under any other cause of action or alleged cause of action.
CandleWave, LLC reserves the right to change the contents of any information on
the Site, including but not limited to revising and/or deleting any and/or all
information without prior notice to you.
The subscriber agrees to provide his/her/its own access to the Internet and to
pay any service fees associated with such access, and to provide all equipment
necessary for the subscriber to make connection to the Internet, including a
computer, proper software, a modem, and either a working cable line or telephone
line.
The subscriber (if a natural person) warrants that he/she is at least 18 years
old and that the information about yourself which you have given or intend to
give to CandleWave, LLC is and will continue to be true, accurate, complete, and
current. If it is not, CandleWave, LLC has the right to terminate your account
and to refuse further service to you. This website is not monitored for
compliance with the Children's Online Privacy Protection Act ("COPPA").
CandleWave, LLC does not seek or desire to collect personal information from
anyone under the age of 18 years.
CandleWave, LLC takes reasonable and appropriate measures to ensure that
subscribers’ personal information is not disclosed, but cannot guarantee the
privacy rights of its subscribers due to, but not limited to, Internet fraud,
misuse, human error, hackers, Cookies, email transmission, internet links, and
other means which can access or transmit Internet or email databases. CandleWave
LLC will not sell or rent subscriber information to third parties.
You, the subscriber, agree to defend, indemnify and hold harmless CandleWave,
LLC and all persons associated with it, from any and all claims, liabilities,
costs, and expenses, including reasonable attorney’s fees, arising in any way
from your use of the Service.
If you, the subscriber, make, transfer, or share information within or
originating from the Site, you may be in violation of various Federal, State,
and other national copyright laws and may be subject to liability thereunder as
well as subject to liability to CandleWave, LLC at civil law. You shall not
upload, post, publish, or transmit to the Site any unlawful, fraudulent,
libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or
otherwise objectionable information of any kind, including without limitation
any transmissions which constitute or encourage, or which might constitute or
encourage, conduct that would constitute illegal activity, give rise to civil
liability, or otherwise violate any law. You must not restrict or inhibit anyone
else from using our Service. You shall not impersonate anyone else, or
misrepresent your affiliation with any other person or entity. You must not post
or transmit any information or software which contains a virus, a Trojan horse,
a worm, or other harmful component. You must not receive information contained
in any of CandleWave, LLC’s newsletters and/or its pay-for-service feature
without having paid proper compensation for it.
All legal issues or disputes of whatever kind and nature are to be resolved in,
and only in, the courts of Pinellas County, Florida.
If you have any questions about this statement or the practices of this site,
please contact us at
info@candlewave.com.
CandleWave, LLC
906 Whippoorwill Drive
Palm
Harbor, FL 34683 USA
info@CandleWave.com
Copyright 2007 CandleWave,
LLC. All rights reserved.
The name "CandleWave"
and the CandleWave logo are service marks of CandleWave, LLC.
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