Terms and Conditions

AGREEMENT BETWEEN USER AND WhenToTrade

The WhenToTrade Web Site is comprised of various Web pages operated by WhenToTrade.

The WhenToTrade Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WhenToTrade Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

WhenToTrade reserves the right to change the terms, conditions, and notices under which the WhenToTrade Web Site is offered, including but not limited to the charges associated with the use of the WhenToTrade Web Site.

ELECTRONIC BOOKS, SOFTWARE & ARTICLES

a) License and Conditions

WhenToTrade grants you a personal non-exclusive and non-transferable license to access the Licenced eBook and/or electronic content/tools. You may reproduce and store portions of the Licenced content for your personal use, and noncommercial use. Full-scale reproduction of book contents is expressly prohibited.

You may not use the Licenced eBook/electronic content on more than one computer system concurrently, make or distribute unauthorized copies of the Licenced eBook, create by decompilation or otherwise the source code of the Licenced eBook, or use, copy, modify, or transfer the Licenced eBook, in whole or in part, except as expressly permitted by this Agreement. If you transfer possession of the Licenced eBook to a third party, the license is automatically terminated. Such termination will be in addition to any civil or other remedies available to WhenToTrade.

b) Terms of Use for eBooks & electronic content

You are granted the right to access all content of the Licenced eBook, for the term described above . You may also print pages of the eBook for your personal use and reference in connection with your course using the print function included in the program functionality. You may create and save bookmarks, highlights and notes as provided by the functionality of the program.
You agree to protect the Licenced eBook from unauthorized use, reproduction, or distribution. You further agree not to translate, decompile, or disassemble the Licenced eBook.
You will notify WhenToTrade of any known or suspected unauthorized use of your activation code including unauthorized use or theft of your log in or registration information.
WhenToTrade reserves the right to modify, add or remove content, features and functionality of the Licenced eBook at the publisher’s sole discretion.
Access to the service may be interrupted due to routine site maintenance or by actions beyond the control of WhenToTrade such as acts of God and equipment failure.
You acknowledge that the use of the Licenced eBook is for your personal use only. Multi-use configurations or network distribution of the Licenced eBook is expressly prohibited.

c) Copyright for eBooks and electronic content

The entire contents of the Licenced eBook and other material available through your registration are protected by copyright, unless otherwise indicated. Full-scale copying of Licenced eBook contents is expressly prohibited. You may not remove, delete, transmit or create derivative works from any of the Licenced eBook content. No part of any chapter of any book may be transmitted in any form by any means or reproduced for any other purpose, without the prior written permission from WhenToTrade except as permitted under relevant fair dealing provisions. Any other use violates this Agreement and is strictly prohibited.

All interfaces, look and feel, navigation schemes, designs and program features and functional of the Licensed eBook are the property of WhenToTrade and may not be copied or reproduced or used in derivative works.

d) Desktop software license & activation

The Licensed Software may require a license key to access its features (“License Key”). Our perpetual (“Unlimited”) software license entitles an individual to use the WhenToTrade desktop software program bound to a computer for an unlimited period of time. Our perpetual (“Unlimited”) license is tied to a machine on which the license has been activated. This means that the license key cannot be reused on any other computer. It allows unlimited operation by an unlimited number of users on the installed computer. The perpetual license allows the customer to use the licensed software for an indefinite period of time. The initial purchase includes the issuance of up to two different license keys to operate the Software indefinitely on up to two different computers and/or machine configurations. Licensee further acknowledges that additional license keys are required to transfer the WhenToTrade Software beyond the two keys included in the initial purchase. Maintenance for perpetual “unlimited” licenses, for any given installation, will expire after one year from the licenses’ date of purchase.

TRADE SECRET INTELECTUAL PROPERTY

The educational material offered in this bookstore represents Trade Secret intellectual property owned by WhenToTrade. By purchasing this material, you expressly agree that you will not disseminate the results, methods, or procedures described to any other non-licensed party by any means whatever, and agree to use the information solely for the benefit of yourself and your direct heirs.

REFUND POLICY

Due to the sensitive nature of this material, all sales are final and no refunds will be granted.

The WTT charting software is delivered via instant download access. You agree to waive your 14 day revocation period by starting the installation process and activating the software before the cancellation period ends.

You agree to these terms by buying products via the WhenToTrade checkout process and by accepting the terms during software installation process.

LINKS TO THIRD PARTY SITES

The WhenToTrade Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of WhenToTrade and WhenToTrade is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WhenToTrade is not responsible for webcasting or any other form of transmission received from any Linked Site. WhenToTrade is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WhenToTrade of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WhenToTrade Web Site, you warrant to WhenToTrade that you will not use the WhenToTrade Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WhenToTrade Web Site in any manner which could damage, disable, overburden, or impair the WhenToTrade Web Site or interfere with any other party’s use and enjoyment of the WhenToTrade Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WhenToTrade Web Sites.

USE OF COMMUNICATION SERVICES

The WhenToTrade Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any 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.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

WhenToTrade has no obligation to monitor the Communication Services. However, WhenToTrade reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WhenToTrade reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

WhenToTrade reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WhenToTrade’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WhenToTrade does not control or endorse the content, messages or information found in any Communication Service and, therefore, WhenToTrade specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WhenToTrade spokespersons, and their views do not necessarily reflect those of WhenToTrade.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WhenToTrade OR POSTED AT ANY WhenToTrade WEB SITE

WhenToTrade does not claim ownership of the materials you provide to WhenToTrade (including feedback and suggestions) or post, upload, input or submit to any WhenToTrade Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WhenToTrade, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. WhenToTrade is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WhenToTrade’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WTT API Terms

Our API terms and conditions apply to the WhenToTrade API and their associated service. Please read these carefully before making use of our API services. If you continue to use our services, you confirm that you are agreeing to these terms and conditions.

API Account

When you register at WTT, we will allocate you one or more API keys. Those details must be kept as confidential. We can at any point and for any reason disable your account or API access without notice. If you believe that your details have been compromised please contact us and we will update your account details for you.

API Free Service (Preview / Trial)

WhenToTrade offers a free service, to prevent abuse and overload our free preview keys are restricted – please do not try and circumvent the limits by creating multiple access points for the same user – please contact us and we can provide extra API keys, or raise your account API limits by registering an official account.

API Data Provided

The data we provide is intended only as a guide, and is sourced from many different data providers. Our software uses algorithms to process and clean that data and although we make reasonable efforts to ensure data quality you should not rely on the data to be accurate, complete or up to date.

You’re not allowed to redistribute or sell the API output or convert it to any other form that people can use. You may not copy, reproduce, republish, upload, post, transmit or distribute the API output in any way or for any other purpose unless you get the prior written permission from WhenToTrade first. No part of the API output may be stored in a database or retrieval system, without the prior written permission of the publisher.

API Liability

The API is designed to help people obtain trading education. our API provides ways to analyze the markets using cycle analysis. There are no warranties implied. The WhenToTrade API makes no guarantee that that you will make money trading any market. We do not take any responsibility for any loss or damage that might occur – for business use or otherwise – from using our API services.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WhenToTrade WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WhenToTrade AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WhenToTrade WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WhenToTrade WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WhenToTrade AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WhenToTrade WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WhenToTrade AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WhenToTrade AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WhenToTrade WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WhenToTrade WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WhenToTrade WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WhenToTrade WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WhenToTrade OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WhenToTrade WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WhenToTrade WEB SITE.

SERVICE REQUESTS

Service requests are to be submitted via the ticket system after logging into the customer area of our website.

TERMINATION/ACCESS RESTRICTION

WhenToTrade reserves the right, in its sole discretion, to terminate your access to the WhenToTrade Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of Hamburg, Germany and you hereby consent to the exclusive jurisdiction and venue of courts in Hamburg, Germany in all disputes arising out of or relating to the use of the WhenToTrade Web Site. Use of the WhenToTrade Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WhenToTrade as a result of this agreement or use of the WhenToTrade Web Site. WhenToTrade’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WhenToTrade’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WhenToTrade Web Site or information provided to or gathered by WhenToTrade with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WhenToTrade with respect to the WhenToTrade Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WhenToTrade with respect to the WhenToTrade Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English or German.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.