Terms of Service
Last Date Modified: January 31, 2022
1. General Overview
SignalStack is a specialty application with the express goal (the “Purpose”) of providing a broker and platform-agnostic abstraction layer to enable a User’s to connect their preferred third-party trade alerting platform or systems to their broker of choice via the intermediary SignalStack system.
A “Signal” in a standardized JSON request submitted to a specific webhook endpoint address (a URL which is generated by SignalStack in response to the user configuring a new brokerage connection). When a Signal is received, SignalStack will validate the request, transliterate the JSON package into the preferred format of the selected brokerage, and forward it to the preferred brokerage via direct brokerage API connection or webhook connection.
Each Signal contains instructions for the brokerage to perform an action on behalf of the user in the user’s account. Such requests may include, without limitation, commands to open new positions, close existing positions, adding to an existing position, reduce an existing position, and other trading related actions that users would otherwise perform manually in their accounts.
In order to be valid, each Signal must be formatted in complaint JSON, and must contain the symbol of a tradable security, an action (e.g., “buy” or “sell”), and the quantity. When received, the Signal will be converted into the preferred format of the selected brokerage and forwarded to the brokerage. The brokerage will then be responsible for placing the order in the user’s account.
SIGNALSTACK DOES NOT OFFER ALERTS OF ITS OWN, NOR DOES SIGNALSTACK EXECUTE ANY TRADES ITSELF, NOR DOES SIGNALSTACK GUARANTEE TRADES WILL BE EXECUTED AT ANY PARTICULAR TRADE PRICE, NOR DOES IT CONTROL BROKERS, BROKERAGE FIRMS, OR ANY OTHER INDIDIVUAL, ENTITY, PRODUCT, SERVICE, OR OTHER THIRD-PARTY AS IT RELATES TO EXECUTED TRADES. SIGNALSTACK MERELY PROVIDES A METHOD FOR A SIGNALSTACK USER TO CONVERT AN ALERT IN THEIR TRADING SOFTWARE INTO AN ORDER IN THEIR BROKER/BROKERAGE FIRM VIA SUPPLIED USER INFORMATION.
SignalStack, in service of its Purpose, offers web-based tools to enable users to connect third-party trading platforms to third-party brokerage platforms via the intermediary SignalStack platform (collectively, the “Services”). By connecting your brokerage account to SignalStack, you agree that you understand this connection will make available certain content (the “Content”) to SignalStack. This content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (3) any other information available to SignalStack via your broker’s API. SignalStack will only use data it has access to for the purpose of processing user Signals and for no other purpose unless expressly authorized by you. These Terms of Service may be updated by SignalStack at any time without notice to you.
SignalStack may make changes to the Services or any applicable prices at any time without notice. These Terms of Service may be altered or superseded by designated legal notices described on certain website pages. SignalStack retains the right to modify or eliminate, for any length of time, the Services or any portion thereof, at any time and without notice. By using, downloading, purchasing, or otherwise accessing the Services you agree that SignalStack shall not be liable to you or any third-party as a result of any modification or elimination of the Services. By accessing, purchasing, downloading, or otherwise using the Services, you are agreeing to be bound by these Terms of Service and any and all future modifications thereof. If you do not agree to be bound by these Terms of Service, you must cease all use of the Services.
Your use of the Services and SignalStack’s Site indicates that you represent that: You are eighteen (18) years of age or older and can legally enter into and form contracts; and by using or otherwise accessing the Services, you expressly agree that: SignalStack has offered the Services in reliance upon the warranty disclaimers, releases, and limitations of liability contained herein; These warranty disclaimers, releases, and limitations of liability reasonably and fairly allocate risk between you and SignalStack; and these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and SignalStack, and that without such warranty disclaimers, releases, and limitations of liability SignalStack would be unable to provide the Services to you. These Terms of Service are in addition to any other agreements between you and SignalStack, including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by SignalStack.
3. Additional Features
In order to use certain features, participate in promotions, or receive/use some Services, SignalStack may require you to agree to additional rules, policies, or other conditions (collectively, “Conditions”). These conditions may include disclaimers required by law, disclaimers required by SignalStack, disclaimers required by your broker, or other legal notices relevant to the specific aspects of the Service that you are using. In such an event, you may be required to consent to additional terms set forth in certain applicable Conditions by clicking on a button or checking a box to indicate your consent. In the event that the terms of such “click-through” agreements differ from the Terms, the terms of the click-through agreement will alter these Terms of Service with respect solely to matters governed by the click-through agreement.
4. Modification of the Terms
SignalStack retains the right to alter, add, or eliminate portions of these Terms of Service or any applicable Conditions at any time and in its absolute and sole discretion. In the event of such a modification of these Terms of Service, we will notify you via your registered email address, as provided to us. It is your responsibility to occasionally review these Terms of Service, the Policy, and any Conditions for changes. Your continued use of the Services after any modifications to these Terms of Service or Conditions are posted constitutes your acceptance of such changes.
5. Acceptance of Terms of Service and Conditions
By using the Service and the Content, you agree to follow and be bound by these Terms of Service and Conditions, including the policies referenced herein.
6. Proprietary Rights
SignalStack owns and operates the Services. The Services, any software used in connection with the Services, and any SignalStack Content (as defined in Section 11(A)) are licensed, not sold, to you, the user. By using the Services, you agree that the Services, any software, or algorithms used in connection with the Services, and any SignalStack Content contain proprietary and confidential information that is protected by intellectual property and other applicable laws. You may not modify, rent, lease, loan, license, sell, distribute, or create derivative works based on the Services, software, or Content offered, unless such use is expressly permitted by applicable law or authorized by SignalStack. SignalStack grants you a personal, non-transferable and non-exclusive license to access and use the Services. However, such license is in effect only so long as you do not, and do not allow any Third-Party to, copy, alter, create a derivative work from, reverse engineer or otherwise try to discover any source code, sell, assign, grant a security interest in, or otherwise transfer any right in the Services. You may only access and use the Services through the interface that is provided by SignalStack, and you agree not to access the Services through any other means.The name “SignalStack”, along with the associated logos, marks, designs, and names of the specific Services are the exclusive trademarks of SignalStack, and you shall not use or display such trademarks in any manner without SignalStack’s prior written consent. All rights not expressly granted hereunder are expressly reserved by SignalStack.Any Third-Party trade or service marks displayed through the Services are the property of their respective owners. Other than as set forth herein, you agree to use the Services and Content solely for your own personal and non-commercial purposes.
7. Customer Account Information
7.1. Customer Account
A. The Services require a SignalStack Customer Account to use. In creating your Customer Account, you agree to: Provide true, current, accurate, and complete information as prompted by the Customer Account registration form (“Customer Data”); and punctually update and maintain the Customer Data to keep the data accurate and current. SignalStack uses the Customer Data to provide the Services, and any inaccurate or dated Customer Data will hinder the SignalStack’s ability to provide the Services. As a result, if SignalStack has reasonable grounds to suspect that the Customer Data is inaccurate or dated, SignalStack has the right to suspend or terminate your Customer Account. SignalStack also has the right to refuse any future use of the Services by you. As consideration for using the Services, you represent and warrant that you are able to form a legally binding contract and are not otherwise barred from receiving the Services under the laws of any jurisdiction.
B. You may delete or cancel your Account at any time, for any reason, by following the instructions on the Site. However, SignalStack cannot offer refunds on pre-paid services. Thus, if you cancel your account while it has a pre-paid balance, you will lose your pre-paid balance, if any. No refunds.
A. As part of the registration process, you will be asked to provide a password for your Customer Account. You should keep your password confidential at all times, as you are responsible for all activities that initiate from your Customer Account and you can only access your Customer Account upon inputting your password. Do not share your password with anyone else for any reason. While SignalStack uses reasonable security protocols to protect the confidentiality of your password, SignalStack cannot guarantee absolute security of your password, Customer Account, Customer Content, or the personal, and financial information that you provide. SignalStack cannot guarantee that the security measures in place will prevent Third-Party hackers from illegally accessing the Services or its contents. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to SignalStack. In the event of an unauthorized use of your Account, you shall notify SignalStack of the unauthorized access, or suspected unauthorized use, or any other security breach, at once.
B. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to SignalStack. SignalStack retains the right to suspend your Customer Account or require you to change your password if SignalStack believes for any reason that your password is no longer secure.
C. SignalStack cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements, or any security breaches of your account resulting from your failure to use a secure and unique password, or your failure to protect your login credentials, or your failure to prevent unauthorized access to your account in anyway. A secure password is defined as a password of at least 10 characters containing at least one uppercase letter, at least one lowercase letter, at least one numeral and at least one punctuation mark. It is your responsibility to ensure you have a secure password on your account.
7.3. Access to SignalStack
A. License: Subject to these Terms, SignalStack grants you a non-transferable, non-exclusive, revocable, limited license to use and access SignalStack solely for your own personal use.
B. Certain Restrictions: The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of SignalStack; (c) you shall not access SignalStack in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of SignalStack may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of SignalStack shall be subject to these Terms of Service. All copyright and other proprietary notices of SignalStack (or on any content displayed through SignalStack) must be retained on all copies thereof.
C. Modification: SignalStack reserves the right, at any time, to modify, suspend, or discontinue SignalStack (in whole or in part) with or without notice to you. You agree that SignalStack will not be liable to you or to any Third-Party for any modification, suspension, or discontinuation of SignalStack or any part thereof.
8. Third-Party Promotions
From time-to-time SignalStack may offer advantaged or discounted pricing to users of other products owned by its parent organization, sister organizations, subsidiaries, or other affiliates. SignalStack reserves the right to offer benefits, discounts, promotions, or other promotional material to users of other products owned by its parent organization, sister organization, subsidiaries, or other affiliates. All benefits, discounts, promotions, or other promotional materials will expire within twelve (12) months of issuing date.
9. Rules for Services Use
A. You are prohibited from soliciting or recruiting any other users or members of SignalStack, for any reason, unless you have requested and received permission to solicit or recruit in writing from SignalStack. This prohibition includes a prohibition against soliciting or recruiting users of SignalStack to become members of competitive sites and services. This includes (but is not limited to) soliciting other users of this Site or SignalStack services or products to make their methods, devices, models, algorithms or other automated processes available at services or sites outside of SignalStack. If you violate this policy, SignalStack reserves the right to terminate your Account without notice and to take legal action to recover lost revenues you have stolen from SignalStack, plus applicable damages. By using SignalStack, you specifically acknowledge that you agree to this prohibition.
10. Customer Signals
10.1. SignalStack is not responsible for Customer Signals. You are responsible for all of the Signals that you upload, post, transmit, or otherwise make available, or cause to be made available, whether privately or publicly, through the Services and SignalStack Site. Customer Signals are not controlled or monitored by SignalStack, and thus, SignalStack does not guarantee the accuracy, quality, or integrity of any Customer Signal. SignalStack will not be liable in any way for any Customer Signals under any circumstances. Such circumstances include, but are not limited to, any mistakes or omissions in Customer Signals; or any loss or damage of any kind suffered as a result of the use of any Customer Signal. Notwithstanding the above, SignalStack reserves the right, but has no obligation or duty, to monitor any and all Customer Accounts or Signals, or web or mobile activities, related to the Services. SignalStack reserves the right, but has no obligation or duty, to monitor any Customer’s use of or access to the geographic and personal information of other Customers. SignalStack may access, preserve, and release your Customer Signals, Payment Method, and Customer Data if required to do so by law or in a good faith belief that such action is reasonably necessary to: satisfy any applicable law, regulation, judicial process, or government request; enforce the Terms and investigate potential violations of the same; investigate and defend against any Third-Party allegations; respond to claims that any Customer Signal violates the rights of third-parties; respond to your requests for customer service; prevent fraud; secure the integrity of the Services and Site; repair any technical issues; or protect the rights, property, or personal safety of SignalStack its customers and employees, or the public as permitted or required by law. SignalStack will at all times use reasonable efforts to maintain the confidentiality of your Customer Data and payment method information.
10.2. You are solely responsible for your Signals. You assume all risks associated with use of your Signals, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Signals that personally identifies you or any third-party. You hereby represent and warrant that your Customer Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by SignalStack. Because you alone are responsible for your Customer Signals, you may expose yourself to liability SignalStack is not obligated to backup any Customer Signals You are solely responsible for creating and maintaining your own backup copies of your Customer Signals if you desire.
A. Acceptable Use Policy. The following terms constitute SignalStack’s “Acceptable Use Policy”:
A. In addition, you agree not to: interfere with, disrupt, or create an undue burden on servers or Sites connected to the SignalStack, or violate the regulations, policies or procedures of such Sites; (v) attempt to gain unauthorized access to SignalStack (or to other computer systems or Sites connected to or used together with SignalStack), whether through password mining or any other means; (vi) use software or automated agents or scripts to produce multiple accounts on the SignalStack, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the SignalStack (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the SignalStack for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
10.3. By uploading, posting, transmitting, or otherwise providing Customer Signals through the Services, you expressly warrant that: You alone are responsible for transmission, accuracy, and publication of the Signals, and that, as such, SignalStack bears no liability, in any capacity, for the Signals; you own and/or control all of the rights to that Signal; Third-Party.
10.4. Account Termination and Customer Signal Deletion
A. When you terminate your Customer Account, you may request that SignalStack wholly erase your Customer Signals, including the erasure of any and all previously submitted Customer Signals. SignalStack will undertake the erasure of your Customer Account and Customer Signals using commercially reasonable efforts. However, SignalStack may not be able to wholly purge all of your Customer Signals,
10.5. Review of Customer Signals
SignalStack and its agents shall have the right, but not the obligation or duty, to pre-screen, monitor, refuse, or remove any Customer Signal that is available through the Services. By using the Services and consenting to the Terms, you understand and admit that when you access or use the Services SignalStack is not liable for the accuracy, safety, usefulness, or legality of any of the Customer Signal. You bear any and all risks associated with the use of any Customer Signal available through the Services, including your reliance on the accuracy or completeness of such Signal. Notwithstanding any of the foregoing, SignalStack shall have the right to remove any Customer Signal that violates the Terms or is otherwise objectionable. The right to remove objectionable Customer Signals is exercisable by SignalStack in its sole and absolute discretion.
11. Third-Party Content
11.1. From time-to-time certain content displayed on, or linked to by, the Services is developed by Third-Parties over whom SignalStack exercises no control. Such Third-Party Content may include links to Third-Pary websites, advertisements, or news headlines. SignalStack does not endorse any Third-Party Content, nor does it endorse the information, materials, products, or services that may be displayed or linked to by the Third-Party Content. Any contact, transaction, or business dealings between you and the Third-Parties as a result of Third-Party Content displayed on, or linked to by, the Services exists solely between you and the Third-Parties. Such interactions are independent of SignalStack. SignalStack shall not be liable for any loss or injury of any sort suffered as a result of any such dealings, or as the result that such Third-Party Content was displayed on, or linked to by, the Services
A. The Services or certain Third-Parties may provide links to other websites or resources. SignalStack has no control over such websites or resources, and as a result, SignalStack is not responsible for the availability of such external websites or resources. SignalStack does not endorse such external websites and resources, and SignalStack is not liable for any content, advertising, products, or materials on or available from such websites or resources. SignalStack is not liable for any loss or injury suffered by you as a result of visiting any external websites or resources linked to through the Services.
12. SignalStack Content
12.1. SignalStack Content includes, but is not limited to, the trademarks, trade names, trade dress, service marks, copyrighted material, source code, algorithms, financial market analysis, and other information (collectively, the “SignalStack Content”) contained in the Services and on the Site are owned by SignalStack.
12.2. Ownership: SignalStack is the exclusive owner of all SignalStack Content, including any and all copyrights, trademarks, trade dress, service marks, source code, algorithms, and other intellectual property rights. Except as expressly permitted by certain Services as provided for in the Conditions applicable to those Services, you may not download, copy, or save any SignalStack Content or any portion thereof, for any purpose. You may print individual screens appearing as part of the Services only for personal use or records (e.g. printing a screen grab of a specific financial market analysis), provided, however, that any logos, marks, or other legends that appear on the screens remain and are not erased from the printed copy. Unless expressly permitted under the Terms, applicable Conditions, or with the prior written consent of SignalStack, you may not modify, copy, publish, display, adapt, transmit, or otherwise exploit the SignalStack Content.
12.3. SignalStack Content does not constitute FINANCIAL OR INVESTMENT advice. Any FINANCIAL OR INVESTMENT related questions should be promptly directed towards your FINANCIAL OR INVESTMENT ADVISER. You should consult with a FINANCIAL OR INVESTMENT ADVISER prior to your use of SignalStack and the Services. SignalStack Content, including but not limited to all financial market analysis and predictions, text, photographs, images, graphics, audio, video, and other materials, along with any and all Customer Content and Third-Party Content, is not intended to be, and should not be used in place of: The advice of a financial or investment adviser; or A consultation, call, or visit with a financial or investment adviser. SignalStack Content should not be used for long-term financial planning. You should not disregard, or delay in seeking, financial advice from a financial or investment adviser as a result of any of the SignalStack’s Content. YOUR TRANSMISSION AND RECEIPT OF THE SIGNALSTACK CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH SIGNALSTACK AND THE SERVICES THROUGH THE INTERNET, EMAIL, OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN SIGNALSTACK AND YOU OR ANY OTHER CUSTOMER.
12.4. SignalStack is not an investment advisory service, nor is it a registered investment advisor or broker-dealer and does not purport to tell or suggest the value of any securities or which securities customers should buy or sell for themselves. The users of SignalStack may hold positions in the stocks or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. SignalStack, the users, the authors, the publisher, and all affiliates of SignalStack assume no responsibility or liability for your trading and investment results. Factual statements or publications on SignalStack are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by on SignalStack are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of SignalStack are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on the site are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
13. Use of the SignalStack Site
13.1. The SignalStack Sites may be accessed or otherwise used with a laptop, computer, or otherwise mobile device such as a cellphone, that is compatible with SignalStack and the Site. SignalStack does not guarantee or represent that your mobile device will be compatible with the Site. The normal messaging, data, and other rates and fees of your wireless carrier will still apply when using the Services. Certain wireless carriers may prohibit or restrict your ability to download, install, view, or otherwise use the Site, and the Site may not be compatible with all wireless carriers or devices. You should check with your wireless carrier prior to using the Services to ensure that the Site is compatible with your mobile device and your wireless carrier’s rules before use of the Site on your mobile device. Your use of the Site constitutes an agreement by you that SignalStack may communicate with your regarding SignalStack and the Services by SMS, MMS, text message, or other electronic means directed to your mobile device. Furthermore, by using the Site you agree that certain information about your usage of the Site may be transmitted to SignalStack. If you replace or deactivate your mobile device or your mobile device telephone number, you must promptly update your Customer Account information to ensure that SignalStack’s messages are sent to you.
13.2. End User License
A. SignalStack hereby grants you a non-exclusive, non-transferable, revocable license to use the Site in the following manner: To use, access, or otherwise employ the Site with one Account. An Account consists of the shared resources accessible by a single login ID on one (1) mobile device owned or leased by you for your personal use. While using, accessing, or otherwise employing the Site, you may not: Alter, disassemble, or reverse engineer the Site; Lease, loan, sublicense, resell, distribute, or otherwise transfer the Site to any Third-Party or use the Site to provide time sharing or similar services for any Third-Party; Copy the Site; Erase or otherwise alter the copyright, trademark, source code, algorithms, or other proprietary rights notices on the Site; or Circumvent, remove, disable, damage, or otherwise interfere with the security features of the Site; the feature that prevent or restrict use or copying of the content accessible through the Site; or features that restrict limits on the use or access of the Site. SignalStack reserves the right to issue upgraded versions of the Site from time to time, and may automatically upgrade the version of the Site that you use on your mobile device. By using the Services, you expressly consent to such automatic upgrading on your mobile device, and further agree that the Terms, and any modification of the same, will apply to all such upgrades. In the event that any open source or Third-Party code is incorporated into the Site, such source code is covered by the applicable open source or Third-Party license EULA, if any, permitting the use of such code. The license granted herein is not a sale of the Site or any copies thereof, and SignalStack, along with any applicable Third-Party partners or suppliers, retain all rights, titles, and interest in the Site, and any copies of the same. Any attempt by you to transfer any of the rights, duties, or obligations enumerated herein, except as expressly provided for in the Terms, is void.
13.3. Setting of Alerts
A. In order to use SignalStack, users will need to direct alerts created in any number of platforms, including but not limited to, TrendSpider, TradingView, StockCharts.com, and any other similar software systems or platforms existing now or in the future, including for some users, custom made platforms or custom written systems, to the SignalStack webhook address created by the user in their SignalStack account. You, the User, are responsible for making sure that alerts are configured correctly per instructions provided by SignalStack. You are responsible for making sure that JSON commands are complete and formatted correctly for SignalStack per the SignalStack end user documentation.
B. When an alert fires and successfully sends SignalStack a properly formatted JSON command, the alert will be transliterated into the format preferred by the broker for which the webhook was created. SignalStack will then forward the transliterated alert to the broker as an order via the broker’s API.
C. SIGNALSTACK IS UNDER NO OBLIGATION TO CONFIRM PRICING DATA, NOR IS SIGNALSTACK OBLIGATED TO CONFIRM, VERIFY, AUTHENTICATE, CERTIFY, ANALYZE, ADVISE, AUDIT, DIRECT, OVERSEE, OR OTHERWISE MONITOR CUSTOMER ALERTS OR THE BEHAVIOR OF BROKERS UPON RECEIPT OF A FORWARDED SIGNAL FROM SIGNALSTACK. YOU, AS THE USER, ARE SOLELY RESPONSIBLE TO SET TRADING ALERTS USING YOUR PREFERRED THIRD-PARTY SYSTEM, CONFIGURING THE ALERTS TO SEND THE PROPERLY FORMATTED JSON COMMAND TO SIGNALSTACK, AND TO MONITOR THE PROCESSING, OR LACK OF PROCESSING, OF SUCH ALERTS. YOU ARE SOLEY RESPONSIBLE FOR YOUR OWN INVESTMENT ACCOUNTS, TRADING PATTERNS AND STRATEGIES, AND ALL OTHER MATTERS AS IT CONCERNS YOUR USE OF SIGNALSTACK – OR LACK THEREOF – WITH RESPECT TO YOUR INDIDIVUAL TRADING NEEDS.
14. Disclaimers of Warranties and Release of Liability
14.1. General Disclaimer of Warranties
A. The Services, including the Site and any and all Third-Party software or applications made available in connection with or via SignalStack are provided “as is” and without warranties of any kind either express or implied. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, SIGNALSTACK DOES NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NONINFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE FOR ITS PRODUCTS AND THE SERVICES (INCLUDING BUT NOT LIMITED TO DATA, SOFTWARE, COMPUTATIONAL TOOLS, OR ANY OTHER DOWNLOADABLE PRODUCTS) DELIVERED TO CUSTOMER UNDER THIS AGREEMENT. SignalStack, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: The Services will meet your requirements; The Services will be uninterrupted, timely, error-free, or secure; The Services, or any results obtained thereof, will be accurate or reliable; The quality of any products, services, information, or other material purchased, downloaded, or obtained by you through the services will meet your expectations; and Any errors in the Services or the website will be corrected. SignalStack, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers (including, without limitation, SignalStack’s Third-Party wireless carrier partners) do not warrant that the Site, and the functions contained therein, will be uninterrupted or error-free, that any defects will be corrected, or that SignalStack or the servers that makes the Site available are free of viruses or any other malicious components. SignalStack, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers do not warrant or make any representations regarding the use or the results of the use of any personal information or the services in terms of security, correctness, accuracy, safety, reliability, or otherwise. You alone assume the entire cost of any necessary servicing, repair, or correction related to the Services.
B. SIGNALSTACK DOES NOT EXECUTE ANY TRADES ITSELF, NOR DOES SIGNALSTACK GUARANTEE TRADES WILL BE EXECUTED AT ANY PARTICULAR TRADE PRICE, NOR DOES IT CONTROL BROKERS, BROKERAGE FIRMS, OR ANY OTHER THIRD-PARTIES. SIGNALSTACK MERELY CONNECTS SIGNALSTACK USERS TO THEIR USER PROVIDED DATA AS IT CONCERNS BROKERS, BROKERAGE FIRMS, AND ANY OTHER THIRD-PARTIES.SIGNALSTACK TRANSMITS AN ORDER REQUEST BASED ON THE MARKET CONDITIONS USED BY SIGNALSTACK, NOT THE MARKET ANALYSIS PROGRAM USED BY ANY SPECIFIC BROKER,BROKERAGE FIRM, OR ANY OTHER THIRD-PARTIES.SIGNALSTACK CANNOT BE HELD LIABLE FOR ANY DISCREPANCY IN TRADE PRICE IT DEMONSTRATES TO ITS USERS AND ANY TRADING PRICE USED BY A THIRD-PARTY THAT MAY RELY ON AOTHER DATA, SUCH AS, BUT NOT LIMITED TO, NASDAQ, THE NEW YORK STOCK EXCHANGE, AND OTHER PUBLICLY AVAILABLE MARKET DATA OR OTHER MARKET DATA. FURTHER, SIGNALSTACK CANNOT BE HELD LIABLE FOR THE FAILURE OF ANY THIRD-PARTY TO EXECUTE ANY TRADE SUBMITTED BY THE USER THROUGH SIGNALSTACK. SIGNALSTACK ONLY ATTEMPTS TO SEND ALERTS TO THIRD-PARTIES BASED ON THE ALERTS SET BY YOU, THE USER SIGNALSTACK IN NO WAY GUARANTEES THAT THE ALERT IS EVER TRANSMITTED, THAT A THIRD-PARTY EVER RECEIVES OR ACTS ON THE ALERT, OR THAT THE DESIRED TRADE TAKES PLACE WITH YOUR DESIRED RESULT.
14.2. Miscellaneous Disclaimers
A. In addition to and notwithstanding the above disclaimers, SignalStack further disclaims any and all liability or responsibility for the content, accuracy, completeness, legality, operability, reliability, or availability of any information or material provided by or in connection with the Services. SignalStack also disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, operability, reliability, or availability of any search results or financial market analysis generated by or through the Services, or those displayed through the Services. Further, SignalStack disclaims any liability for the erasure, failure to store, failure to deliver, or untimely delivery of any information or material, including SignalStack and Customer Content, sent through the Services. By using the Services, you agree that you download or otherwise obtain material or data from SignalStack or the Services at your own discretion and at your own risk. SignalStack disclaims any and all responsibility and liability for any injury to you that results from downloading or accessing any information or material through SignalStack or the Services. Persons under the age of 18 (“Minors”) may not use the Services or affiliated Site of SignalStack at any time of in any manner. As a result, SignalStack is not directed at, and does not target, Minors, nor does SignalStack use its Services or Site to knowingly solicit personal, geographic, or financial information from Minors. Upon learning that a Minor has provided personal, geographic, or financial information, SignalStack will use reasonable efforts to remove the information of said Minor from its records. The parent or guardian of a Minor who learns that their Minor has created a SignalStack Customer account may contact SignalStack and request that the Minor’s information and account is deleted. Failure of the Minor’s parent or guardian to contact SignalStack will result in the parent or guardian accepting full responsibility for his or her child’s use of SignalStack and the Services, including any and all financial charges and legal liability that such child may incur. In the event that any provision of the above disclaimers are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the disclaimers, which shall remain in full force and effect and be enforceable in accordance with their terms.
B. SIGNALSTACK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIGNALSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
15. Live Trading Risks
15.1. By using the Site, you acknowledge and agree that automated trade execution, and trading in general, and investing in general, all are subject to various known and unknown risks. SignalStack shall not have any liability for any losses incurred through using the Site. There are many risks in using SignalStack with a live brokerage account. Such risks included, without limitation:
A. Design risks; errors in data, incorrect assumptions, logical program errors. Even if you designed a perfect strategy, past performance is no guarantee of future results.
B. Loss of internet connectivity; resulting in disconnections from brokerage, trades not placed, not seeing the results of algorithm, orders failing to be placed.
C. Poor design of algorithm; resulting in runaway strategies, machine gun orders, run-time errors halting program operation, failure to trade when expected, termination of the algorithm.
D. Unexpected market conditions; resulting in poor fill prices, rapid losses (flash crashes), late exchange openings.
E. Data issues; broken, dirty, delayed or intermittent data connections causing algorithm errors. This includes data inaccuracies (exchanges sometimes publish bad/fictional trades).
F. Execution issues; orders submissions, updates and cancellations could be rejected or delayed. Trades could be disallowed by authorities without warning.
G. Malicious activities; criminal activity could cause your algorithm to fail or your brokerage account to become compromised, leaking personal information, intellectual property or theft of your funds.
H. These events can cause the loss of all funds and holdings in your brokerage account. Algorithmic trading losses can occur faster than in manual trading and you should consult an investment professional to discuss these risks. You should continually monitor the operation of a live trading algorithm to ensure it is running properly.
I. Slippage and failure to receive the entry or exit price you desire due to market latency, data feed latency, internet latency, or other technical and non-technical factors, that are known and unknown.
J. EVERY TIME YOU USE THE SITE YOU AGREE THAT IN ALL CASES SIGNALSTACK BEARS NO RESPONSIBILITY FOR LOSSES INCURRED, AND OFFERS NO GUARANTEES OR EXPECTATIONS ON YOUR ALGORITHM PERFORMANCE OR STABILITY.
16.1. You agree to indemnify and hold SignalStack (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any Third-Party due to or arising out of (a) your use of SignalStack, (b) your violation of these Terms of Service, (c) your violation of applicable laws or regulations or (d) your Customer Content. SignalStack reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SignalStack. SignalStack will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Limitations of Liability and Damages
17.1. By using the Services, you understand and agree that SignalStack, along with all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, will under no circumstances, including without limitation, negligence, be liable to you for any special, indirect, incidental, punitive, reliance, consequential (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES), or exemplary damages related to or arising from: SignalStack’s use, disclosure, maintenance, or display of a Customer’s personal information; Your ability or inability to use the Services; The Services, including the systems and servers that make the Services available; or Any other interaction between you and SignalStack or any other Customer of the Services. In such circumstances, SignalStack will not be liable even if SignalStack, or one of SignalStack’s authorized agents, has been advised of the possibility of such damages. Further, the above limitation shall apply to damages suffered as a result of Third-Party services or goods received through or advertised on SignalStack or the Services; through the Services; received through any links provided by SignalStack; or by reason of any advice or information received through or advertised on SignalStack or the Services. Under no circumstances, including without limitation negligence, will SignalStack, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, be liable for the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply to the performance or non-performance of SignalStack or the Services or any information that appears on, is linked to, or is related in any way to SignalStack or the Services. Notwithstanding any failure of the essential purpose of any limited remedy, such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall the total liability of SignalStack, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, to you for any damages, injuries, losses, or causes of action arising out of or relating to the Terms or your use or access of the Services, whether arising in contract, tort, warranty, or other law, exceed the lower of: $100 USD, or the amount paid to SignalStack in the preceding 12 months prior to the claim. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from SignalStack, or its Third-Party providers Notwithstanding and without limiting the foregoing, SignalStack shall, under no circumstances, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, of from forces or causes beyond its reasonable control, including, but not limited to: Internet failures, computer equipment failures, any other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, strikes, labor disputes, riots, insurrections, civil disturbances, labor material shortages, fires, floods, storms, acts of God, war, acts of terror, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any Third-Parties. SignalStack neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on SignalStack, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized SignalStack employee spokespersons while acting in their official capacities. Under no circumstances will SignalStack be liable for any loss or damage caused by a member’s reliance on information obtained through the content on SignalStack. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through SignalStack. SignalStack does not endorse, warrant, or guarantee any product or service offered by a Third-Party through SignalStack. Under no circumstances shall SignalStack, its officers, directors, shareholders agents or its Third-Party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys” fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on SignalStack, even if SignalStack has been advised of such damages. If you are dissatisfied with any of the SignalStack’s Information or other materials, or with any of the terms and conditions contained on SignalStack, your sole and exclusive remedy is to discontinue using SignalStack. The limitations of liability set out hereinabove shall survive any termination or expiration of the Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In the event that any provision of the above limitations of liability are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the limitations of liability, which shall remain in full force and effect and be enforceable in accordance with their terms.
17.2. USE OF THIS SITE INCLUDING ANY SIGNALSTACK CONTENT, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THE SITE INCLUDING ANY SIGNALSTACK CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE’, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, SIGNALSTACK DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY SIGNALSTACK CONTENT. SIGNALSTACK DOES NOT WARRANT THAT THE SITE AND ANY SIGNALSTACK CONTENT WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; OR (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIGNALSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS IS THE MINIMUM AMOUNT REQUIRED UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY SIGNALSTACK’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SOUTH CAROLINA SOLAR SITE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. WE ARE NOT AFFILIATED WITH ANY GOVERNMENTAL AUTHORITY, WHETHER FEDERAL, STATE, OR LOCAL, NOR DO WE SELL SERVICES OR PRODUCTS TO CONSUMERS. ALL SERVICES OR PRODUCTS MUST BE PURCHASED THROUGH OUR THIRD-PARTY SITE
18. Arbitration Agreement
18.1. You expressly agree that any dispute, claim, or controversy arising out of, or relating to, the Terms of Service, the Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including without limitation the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before a panel of three arbitrators. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Arbitration Rules and Procedures. Any judgment on the arbitration award may be entered in any court located within Cook County, Illinois. In any dispute between the parties hereto, whether in arbitration or litigation, the prevailing party may recover against the other party, in addition to all costs and disbursements, attorneys” fees as the arbitrators adjudge to be reasonable.
18.2. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SignalStack, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SignalStack.
18.3. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and SignalStack in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOUWAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
18.4. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
18.5. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
18.6. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
18.7. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
18.8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with SignalStack
18.9. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
18.10. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Chicago, for such purpose.
19. Choice of Law and Venue
19.1. Any action related to SignalStack, the Services, the SignalStack Content, Customer Content, or these Terms of Services shall be governed by the laws of the State of Illinois and the controlling U.S. federal law, without regard to the conflicts of laws provisions thereof. Venue for any action related to SignalStack, the Services, the SignalStack Content, or Customer Content shall lie exclusively in the Federal District Court of the Northern District of Illinois or the Circuit Court of Cook County, Illinois. You hereby consent to the personal jurisdiction of the Federal District Court of the Northern District Court of Illinois or the Circuit Court of Cook County, Illinois.
19.2. Statute of Limitations
A. Except to the extent prohibited by applicable law, the parties hereby agree that any claim or cause of action arising out of, or related to, the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
20.1. If any provision of the Terms is held to be unenforceable for any reason by any court or tribunal of competent jurisdiction, or as the result of any law, statute, or regulation, that provision shall be deemed to be severed from the Terms, and its unenforceability shall not affect the remainder of the terms, which shall remain in full force and effect and shall be enforceable in accordance with its terms.
21.1. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion
22.1. SignalStack may amend this Agreement from time to time. When SignalStack amends this Agreement, SignalStack will update this page and indicate the date that it was last modified or SignalStack may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using SignalStack.
23. California Users
23.1. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about SignalStack must be sent to our agent for notice to: firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
24. Digital Millennium Copyright Act of 1988
24.1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by SignalStack infringe your copyright, you, or your agent may send to SignalStack a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SignalStack actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to SignalStack a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. SignalStack’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: email@example.com.
25.1. No joint venture, partnership, employment, fiduciary, or agency relationship exists between you and SignalStack as a result of these Terms of Service or your use or access of the Services. These Terms of Services constitute the entire agreement between you and SignalStack with respect to your use of the Services. The failure of SignalStack to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provisions. You may not assign, delegate, or otherwise transfer your Customer Account or your obligations under these Terms to a Third-Party without the prior written consent of the SignalStack. SignalStack, in its absolute and sole discretion, has the right to transfer or assign all or any part of its rights under these Terms of Service and will have the right to delegate or use Third-Party contractors to fulfill its duties and obligations under the Terms and in connection with the Services.
A. You hereby agree that SignalStack’s notice to you by email, regular mail, or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed to be received forty-eight (48) hours after it is sent if it is transmitted by email or regular mail. Notice will be deemed to be received by you twenty-four (24) hours after it is first displayed if it is provided via links displayed in connection with the Services. Territorial Control of the Services SignalStack controls the Services from its offices within the United States of America. As a result of the foregoing, SignalStack makes no guarantees that Customer Content, SignalStack Content, or the Services are appropriate or available for use in locations other than the United States of America. Access to the Services from territories where their content or use is illegal is prohibited. If you choose to access the Services from locations outside of the United States of America, you do so on your own initiative and are responsible for compliance with any and all applicable local laws. SignalStack Content and Customer Content may not be exported or used in violation of the laws and regulations of the United States of America.