1.0 ACCEPTANCE OF TERMS
1.1 ChartDynamix.com is an online software and educational website only, owned and operated by Chart Dynamix LLC (herein referred to as CDX). This Terms of Service is an agreement you must accept in order to use CDX’s services or software, including the Binding Arbitration provision contained in section 3.0. Information contained throughout the site may be provided by sources that are not affiliated with CDX. The accuracy, reliability of such information is believed to be reliable. However, CDX does not warrant the accuracy, completeness, quality, adequacy, or content of any information on our website. Such information is provided ‘as is’ without warranty or condition of any kind, either expressed or implied.
1.2 CDX is not a Commodity Trading Advisor (CTA), Futures Commission Merchant (FCM), Registered Investment Advisor (RIA), or Broker-Dealer. You are reminded that you assume risk with any trading activity and are encouraged to review our full Risk Disclosures. Trading has both potential risk and rewards. You alone are responsible for your trading decisions. Any trades placed upon reliance on CDX services or software are taken at your own risk. Your account can be lost in it’s entirety at any time. Past performance is not necessarily an indication of future performance. CDX makes absolutely no guarantee or representation that any account will, or is likely to achieve profits or losses similar to those shown or discussed. All CDX services and software are not to be interpreted as investment advice. CDX may have positions in any asset class mentioned and is under no obligation to disclose details regarding any of their transactions.
1.3 All statements and expressions of opinion made by CDX are the opinion of CDX and its associates, and are not meant to be a solicitation or recommendation to buy, sell, or hold any securities or commodities including but not limited to futures, options, equities, or Forex. Any presentation (live or recorded) is for educational purposes only and the opinions expressed are those of the presenter only. All trades presented are not traded in a live account and should be considered hypothetical.
1.4 You hereby agree that you will not allow anyone else access to, nor will you attempt to copy or duplicate any part of CDX services, products or material without explicit written permission from CDX, including but not limited to all software, video, audio and written material. All CDX products and original works of authorship are federally protected under the United States Copyright Office. No member may communicate to non-members any CDX materials or other information, or reveal CDXs’ view of or position in any asset class, without written permission. You agree that you will be solely responsible for any liability arising from any third party access including but not limited to financial responsibility. You agree to refrain from any form of slander or defamation both online and offline. CDX reserves the right to revoke your license to all membership(s) and/or software if the terms set forth in these terms of service are breached, without refund or notice.
1.5 Any software provided by CDX is used entirely at your own risk. CDX software is strictly for educational purposes only. CDX makes no representation that any software will or is likely to achieve profits or losses similar to those shown or discussed. CDX software should be used only as an educational tool and not relied upon for any live trade decisions.
1.6 The term “lifetime” means the amount of time the product or service purchased remains available for purchase, and may be subject to change without notice. CDX makes no guarantee or representation as to how long a product or service will be offered or supported including but not limited to memberships, subscriptions and software.
1.7 If you require remote support at any time, CDX holds no responsibility for any actions made on any computer at any time and can not be held liable in any way. By requesting or accepting a request from a CDX representative to give live remote assistance, you accept full responsibility for changes made to the computer content or system settings. CDX does not assume and is not responsible for any liability for the linking and viewing of any computer content. As such, CDX recommends you remain at your desktop and observe for the entirety of the session.
1.8 All CDX products include a 14-day free trial period either built-in or implied. There is a strict no-refunds policy after the 30-day guarantee period. Although CDX generally honors all refund requests within-30-days, we reserve the right to decline the request for any reason based on the specific circumstances and judgement of our staff.
2.1 Subscription Terms
CDX may offer various subscription plans for certain products and services (the “Products”), each of which are described in their associated product description page. As an express condition of your use of and access to the product or service, you agree to pay all fees applicable to your subscription plan (your “Plan”), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the product or service. To view the details of your Plan, including payment information and the date of your next renewal period, visit the CDX website, sign in at https://chartdynamix.com/my-account and browse Subscriptions.
2.2 Changes in Fees
We may, upon digital notice served to the email address on file, change the fees for the Products at any time or require new fees or charges. Such changes will be effective immediately upon posting on the CDX Website. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
2.3 Payment of Fees
Your Plan, which may start with a Free Trial Period, will renew automatically and continue at the stated interval (ex: month-to-month, year-to-year) unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement. You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To cancel or view the specific details of your Plan, including the date of your next renewal period, visit the CDX Website, login at https://chartdynamix.com/my-account and browse for the applicable subscription. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Products for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
2.4 Credit Card Payments
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate. You must promptly notify CDX if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please consult with your bank and credit card issuer for details.
2.5 Payment Terms, Upgrade and Downgrade Terms
The recurring fees for your Plan are billed in advance, are non-refundable, and automatically renew on the interval specified in your Plan. If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. CDX does not accept any liability for such loss. If you upgrade your Plan level, your credit card will immediately be charged the specified rate (pro-rated in some cases), and you will be charged the full amount of the new rate beginning on your next billing cycle. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
2.6 Plan Cancellation
All Subscription Plan cancellations, including Free Trial Periods, are the sole responsibility of you the purchaser. Cancellations shall be made through the Chart Dynamix website Account Portal. Sign in at https://chartdynamix.com/my-account, browse the Subscriptions section and find the applicable subscription record. The cancel link may be used from this page. Please note that this action may not be reversed.
2.7 Free Trial Period
CDX may offer, with certain products, a one-time Free Trial Period during which you can test out the Products for a specified time without pre-paying in advance (“Free Trial Period”). To view the specific details regarding a Free Trial Period, please consult the product description page or send any questions to [email protected]. If you participate in a Free Trial Period, you must cancel the subscription Plan by the end of the Free Trial Period to avoid incurring any charges. If you do not cancel the Plan before the Free Trial Period expires, you authorize us to charge your credit card the full cost of your Plan, as stated to you during the checkout process. Your Plan will then automatically renew and continue at the specified interval, unless and until you cancel your Plan or we terminate it. You may not receive a notice from CDX that your Free Trial Period is nearing its end or has ended. In some instances, the available balance or credit limit on the credit card provided during the registration process may be reduced to reflect the pre-authorization of certain charges related to your Plan; however, no charges will be made against your credit card unless you do not cancel prior to the end of your Free Trial Period. You may cancel your subscription Plan at any time during the Free Trial Period by following the steps described in Section 2.6 (Plan Cancellation). CDX reserves the right to modify, cancel and/or limit the Free Trial Period offer at any time.
2.8 Account Deletion
Requests to delete an account permanently should be submitted by e-mail to [email protected]. This does not include subscription Plan cancellations (Section 2.6). If you choose to delete your account, you will immediately lose all access to the Products and any data or information stored in your account.
3.0 BINDING ARBITRATION
We both (You and CDX) agree any dispute or claim relating in any way to your use of any CDX service, or to any products, software or services sold or distributed by CDX or through chartdynamix.com will be resolved through final and binding arbitration, rather than in court. You hereby agree to waive any class action proceeding or counterclaim against CDX, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit.
We may revise these terms from time to time, the most current version will always be at chartdynamix.com/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an email to the email associated with your account. By continuing to access or use the services or software after those revisions become effective, you agree to be bound by the revised terms. By accessing CDX services or software, you are agreeing to all of the terms above and you accept full responsibility for your trading and investing results.