This document defines the terms and conditions for subscriptions to 2Chimps, which is available at this time only to individuals for their private, noncommercial use (“Individual Subscribers”), and not to institutions for multi-person use.
1. ACCEPTANCE OF TERMS
2Chimps (2Chimps.net, 2Chimps.com, etc.) provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. You can review the most current version of The 2Chimps’ TOS at any time at 2chimps.net/terms-of-service. Your assent to the TOS and your use of 2chimps as a subscriber to 2Chimps constitute your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
2Chimps offers Individual Subscribers features and content (the “Service”) not available in the free sections of 2Chimps.net. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS IS” and that 2Chimps assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
3. MODIFICATIONS TO SERVICE
2Chimps reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 2Chimps shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2Chimps may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use 2Chimps.net after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
In order to use the Service you will be required to register and create an account. You agree to pay the subscription fee, including applicable taxes, incurred through your account. In order to set up an account with 2Chimps.net, you must provide 2Chimps with valid credit card information. By submitting such credit card information, you give The 2Chimps permission to charge the subscription fee incurred through your account to the credit card you designate on the Registration Form.
If payment cannot be charged to your credit card or your payment is returned to 2Chimps for any reason, including charge back, 2Chimps reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify 2Chimps of the problem by giving notice through our help page at 2chimps.net/help.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to this Service, you will provide 2Chimps with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your 2chimps.net account.
You must be 13 years or older to subscribe to all parts of the Services.
6. NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this site is personal to you alone, and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.
7. SUBSCRIPTION RENEWAL, CANCELLATION, AND REFUNDS
2Chimps subscription occurs on an automatically renewing monthly basis (yearly automatic renewal for yearly subscribers, etc.). 2Chimps will cancel your account upon receipt of such notification from you. You can contact 2Chimps via phone (800-678-5253) or email (firstname.lastname@example.org) at any time to cancel your subscription. Subscription to 2Chimps is non-refundable.
Your recurring subscription will be disabled when we receive notification of your intent to cancel. Your access to subscriber-only reports will end when your current billing cycle completes. 2Chimps subscriptions are non-refundable, so no refund will be processed for the remaining portion of your current billing cycle.
Your billing cycle begins on the date your current 2Chimps subscription was activated. For example, if you signed up for a monthly subscription on September 15th and cancel on September 25th, you will continue to have access to all subscriber reports until October 15th. Likewise, if you signed up for a yearly subscription on September 15th, 2015 and cancel on October 25th, you will continue to have access to all subscriber reports until September 25th, 2016. For any questions regarding billing cycles, contact email@example.com.
8. SPONSORS, THIRD PARTIES, ADVERTISERS AND LINKS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that 2Chimps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service. In addition, 2Chimps may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 2Chimps has no control over such sites and resources, you acknowledge and agree that 2Chimps is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for the accuracy or quality of any content, advertising, products, or other materials on or available from such sites or resources, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Additionally, we use third-party advertising companies to serve some advertisements when you visit our website. These companies may use aggregated information about your visits to this website in order to provide advertisements about goods and services that may be of interest to you.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 2CHIMPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 2CHIMPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 2CHIMPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF 2CHIMP UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE ANNUAL SUBSCRIPTION FEE PAID BY YOU.
11. THERE IS A RISK OF LOSS IN TRADING
DISCLAIMER AND RISK DISCLOSURE: THE CFTC AND OTHER REGULATORY BODIES REQUIRE WE STATE THAT — NOTICE: HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED THE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. THE RISK OF LOSS IN FINANCIAL MARKET TRADING CAN BE SUBSTANTIAL. YOU SHOULD CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. PAST PROFITS ARE NOT NECESSARILY INDICATIVE OF FUTURE PERFORMANCE. THERE IS A RISK OF LOSS IN FINANCIAL MARKET TRADING. THE INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER IT CANNOT BE GUARANTEED AS TO ACCURACY OR COMPLETENESS, AND IT IS SUBJECT TO CHANGE WITHOUT NOTICE. IT SHOULD NOT BE ASSUMED THAT THE SEASONAL PRICE TENDENCIES AND TECHNICAL INDICATORS SHOWN HEREIN OR THAT THE SUGGESTIONS REGARDING THEIR USE WILL BE PROFITABLE OR THAT THEY WILL NOT RESULT IN LOSSES. 2CHIMPS, NETWORK PRESS, AND THEIR DIRECTORS, SHAREHOLDERS OR EMPLOYEES ASSUME NO LIABILITY IN CONNECTION WITH THE USE OF THE INFORMATION CONTAINED HEREIN.
12. DOWNLOADING AND COPYING; RESTRICTIONS ON USE
All materials on this site (“Online Material”), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by 2Chimps or by other parties that have licensed their material to 2Chimps. You may download or copy the Online Material for noncommercial personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Online Material for other than noncommercial personal use by you is expressly prohibited without prior written permission from 2Chimps or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site. 2Chimps, 2chimps.net, and other 2Chimp logos and product and service names are trademarks of 2Chimps.
13. NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS
The failure of 2Chimps to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at 2chimps.net/help.
You agree to indemnify, defend and hold 2Chimps harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
17. COMMENTS, EMAILS, AND OTHER MATERIALS
Any comments, materials, or letters including electronic correspondence sent by you to 2Chimps regarding the site or its content, including questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. 2Chimps shall have no obligation of any kind with respect to such Received Materials and 2Chimps will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
18. PRIVACY STATEMENT
2Chimp is committed to protecting your privacy. Please direct questions regarding this statement to us at 2chimps.net/help
When does 2Chimps collect my personal information?
2Chimps gathers information from members and visitors via voluntary registration, cookie technology, and IP addresses, and marketing analytics tools.
Registration: When you create an account on 2Chimps, we collect information that helps us identify you. At the initial registration screen we ask for your name, your email address, and a password. When you order something from us such as a book or a subscription, we also ask for your name, shipping address, telephone number, and your credit card number and expiration date. This information is necessary for us to process your order.
IP address: An IP address is a number that is assigned to your computer automatically when you use the Internet. When you visit a particular Web page on 2Chimp, our server logs your IP address. We may log IP addresses for the purposes of systems administration, or to report information in aggregate form to our retail partners and advertisers (e.g., how many visitors logged in to our Web site) in a form that is not personally identifiable.
Marketing Analytics Tools: Landing pages, transactional and marketing emails, communications with site staff, and other pages and services may include a variety of marketing analytics tools including but not limited to Google Analytics and Sendgrid codes. These tools help 2Chimps understand how the site is being used and how to most effectively interact with and serve its customer base. Additionally, these tools verify that our servers maintain a good reputation and are not placed on email blacklists.
How do I accept this privacy statement?
By using the 2Chimp site and services, you signify your acceptance of this privacy statement. If you do not agree or are not comfortable with any policy described in this privacy statement, your only remedy is to discontinue use of 2Chimps. We reserve the right to modify this privacy statement at any time. Your continued use of any portion of the 2Chimps website following notification or posting of such changes, will constitute your acceptance of those changes. If you have questions or concerns about our specific policies, please contact us at 2chimps.net/help
19. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on https://2chimps.net constitute the entire agreement between you and 2Chimps and govern your use of the Service.
20. REFUSAL OR DISCONTINUANCE OF SERVICE
The 2Chimps reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.
21. CHOICE OF LAW AND FORUM
This document defines the terms and conditions for subscriptions to 2Chimps, which are available at this time only to individuals for their private, noncommercial use (“Individual Subscribers”), and not to institutions for multi-person use.