Terms of Use

The following is a legal agreement (the "Terms of Use" or "Agreement") between you ("Subscriber") and Orthochronos Forecasting, LLC, a Texas limited liability company ("Orthochronos Forecasting"). Carefully read this Agreement before use of this website any information provided therein.

The terms "You" or "Your" refer to Subscriber as defined above. The terms "We," "Us," or "Our" refer to Orthochronos Forecasting as defined above.

1. RESTRICTIONS, CONFIDENTIALITY, AND PRIVACY

You may use this website for personal purposes only. It is meant for individuals and individual use only and no businesses may subscribe to the website directly or by proxy. You may not use this site for any commercial purpose including but not limited to hedge fund and/or mutual fund operations. You agree to keep the information obtained from this site confidential and will not disclose the knowledge gained to any other person or firm for any reason. You hereby consent to our right to restrict and/or terminate your access to the website in case of suspected misuse of your account.

Our website uses IP logging to prevent unauthorized password sharing. You are authorized access to the site from three (3) different IP addresses. Your account will be terminated without refund if accessed from more than three (3) IP addresses. Further, Orthochronos Forecasting reserves the right to investigate suspected violations of this Agreement and to remove or refuse any information for any reason.

Orthochronos Forecasting does not require any personal information from our members except for a valid e-mail address.

Personal information required for billing is stored as a convenience to our members and may be deleted from the account at any time. Orthochronos Forecasting never stores credit card information or other similar personal financial information. All processing of credit card information, including recurring billing, is handled through the outside vendor, PayPal.

Before collecting any personal information about our members, we will notify Subscriber of the purposes for which it is being collected. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will never sell, distribute to third parties, or otherwise misuse members' private or personal information except in situations where we may be required to disclose such information by law or legal process, to protect and defend the rights or property of Orthochronos Forecasting, or to protect the personal safety of users of our website. We also reserve the right to contact appropriate authorities when activities that are illegal or violate our policies are taking place on the Orthochronos Forecasting website.

Orthochronos Forecasting reserves the right to share aggregate, non-personal information about website usage with unaffiliated third parties, including, but not limited to, government agencies, advertisers, and the media. This aggregate information does not contain any personal information about an individual. Further, Orthochronos Forecasting shall have a royalty-free, perpetual, non-exclusive right and license to use, reproduce, modify, and publish any non-personal information that you communicate to us through this website.

Orthochronos Forecasting takes reasonable measures to protect the privacy, accuracy, and reliability of any information you choose to provide and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. Any employee who violates our privacy access policies will be subject to disciplinary action. Orthochronos Forecasting is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

2. USE OF SERVICES

Subscriber hereby agrees that he or she is the End User of the website and the services and information obtained therefrom and may not modify, copy, publish, license, reproduce, rent, sell, lease, redistribute, display, create derivative works from, or otherwise transfer the content and design of the website or the information and services obtained therefrom. Subscriber shall not upload, post, decompile, reverse engineer, disassemble, modify, copy, distribute, transmit, reproduce, republish, license, display, sell, transfer, or create derivative products from the website or any services or information obtained therefrom. Performance of any of the foregoing activities by any means, mechanical or electronic, without the express written permission of Orthochronos Forecasting is strictly prohibited and grounds for immediate termination of Subscriber's access to the website.

Subscriber agrees to use the website and the services and information provided therein for lawful purposes as permitted by this Agreement and shall not use the website or transmit information through the website that will violate or infringe upon the rights of Orthochronos Forecasting or other third parties or that will encourage conduct that may give rise to criminal liability.

3. Security

Orthochronos Forecasting prohibits you from using any tools, services, or facilities in connection with this website to tamper with system resources, security, or accounts. You hereby grant us the right to fully cooperate with law enforcement authorities and disclose to them the identity of anyone believed to be violating these Terms of Use. You waive and hold ORTHOCHRONOS Forecasting harmless from any claims resulting from any action taken during or as a consequence of investigations by either Orthochronos Forecasting or any local, county, state, or federal law enforcement agency or authorities.

4. Proprietary Information

The website, its design and contents, are proprietary information of Orthochronos Forecasting. You may not copy, distribute, or transmit the content of the website in any manner or fashion. Modification or use of content in any way other than that expressly provided in the Terms of Use is a violation of the intellectual property rights of Orthochronos Forecasting.

Subscriber acknowledges that all title to and ownership rights of the website, including, without limitation, all derivative works, modifications, improvements or other changes thereto; all updates thereto; and all underlying source code, proprietary methodologies, formulas, algorithms, copyrights, trade secrets, trademarks, and other intellectual property rights, are owned and/or exclusively licensed by Orthochronos Forecasting. Subscriber shall not acquire any title, ownership interest, or other rights to the above by virtue of this Agreement or use of the website and the services provided by Orthochronos Forecasting. 

The website, information, and services provided by Orthochronos Forecasting are protected by U.S. trademark, copyright, and trade secret laws; international treaties and conventions; and applicable state and common laws and shall remain the exclusive property of Orthochronos Forecasting. Company names, logos, and all related product and service names, design marks, and slogans are the exclusive property of Orthochronos Forecasting. Subscriber is not authorized to use any such name or mark in any advertising, publicity, or other commercial manner.

5. AVAILABILITY OF SERVICES

Subscriber hereby agrees that Orthochronos Forecasting has not represented or warranted that the use of or access to the website, its contents, or its functions will be uninterrupted, error-free, or without delay due to any number of reasons including but not limited to power failures; periodic system maintenance, scheduled or unscheduled; failures or breakdowns of communication networks and/or infrastructure; other hardware or software issues; viruses; denial of service attacks; fluctuating demand; actions or omissions of third parties; natural disasters; governmental actions; and/or acts of God.

Orthochronos Forecasting shall not be responsible for any errors or omissions on the website of any nature or kind.

6. Refund Policy

You may cancel your subscription any time before the beginning of a billing cycle. Orthochronos Forecasting does not offer any refunds for amounts already incurred regardless of reason.

7. Termination

This agreement remains in full force and effect unless cancelled or terminated for any of the following reasons:

  1. failure to make timely payment of any amounts owed
  2. denial of automatic debit of your credit card
  3. immediately upon unauthorized access to the site by you including simultaneous use of identical logins, logging in from more than 3 different IP addresses.
  4. immediately upon transfer or attempted transfer of any rights granted to you through this agreement.
  5. immediately upon violation of any of the terms of use.

In the event that any of the foregoing events occur, this agreement shall terminate immediately. Upon termination all rights will revert back from you to Orthochronos Forecasting. Any right to payment arising prior to termination of the subscription to which Orthochronos Forecasting is entitled shall remain in full force and effect even after termination or cancellation.

8. DISCLAIMERS

Orthochronos Forecasting is neither a licensed and qualified financial advisor nor a market data provider. The models and other information provided on the website are not to be construed as advice to buy or sell any securities. The website provides a technical analysis tool and is not a trading system. Subscriber agrees to assume complete and full responsibility for all trading decisions and actions. Stock trading has substantial inherent risks that may lead to the loss of capital. The information published on this website is for purely informational purposes and must not be interpreted as individual trading and/or investment advice.

Past performance is not a true indicator of future results. No Subscriber should make any personal investment decision without first consulting his or her own personal financial advisor and conducting his or her own research and due diligence, including carefully reviewing the prospectus and other public filings of the issuer.

Orthochronos Forecasting relies on certain information provided by various outside sources which are believed to be reliable. However, Orthochronos Forecasting has not independently verified or otherwise investigated all such information. Orthochronos Forecasting does not guaranty the accuracy or completeness of any such information or any such information derived from such information obtained from outside sources.

The company does not assume any responsibility or risk for your use of the Internet including the transaction of credit cards. You assume any and all costs associated with any loss or damage arising from the use of this site and its contents.

The information and services found on the website is provided "as is" and "as available." Orthochronos Forecasting makes no warranties, expressed or implied, in connection with the services rendered hereunder. MOREOVER, TO THE EXTENT APPLICABLE, ORTHOCHRONOS FORECASTING HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION OBTAINED FROM ORTHOCHRONOS TO WHICH THIS AGREEMENT APPLIES.

9. Assumption of Risk

Subscriber hereby acknowledges, recognizes, understands, and is aware of the risks including but not limited to financial loss inherent in trading stocks, bonds, commodities, ETFs, futures, equities, or other similar securities and shall be solely responsible for any and all claims, injuries, losses, or damages arising out of the use of the services provided by Orthochronos Forecasting.

Orthochronos Forecasting shall not be liable for any direct, indirect, incidental, special, punitive, consequential, or other damages including loss of capital and/or income, invasion or loss of privacy, emotional distress, pain and suffering or similar damages resulting from (1) any reliance upon, decision made, action taken, or use of the website or the information provided therein however caused or under any theory of liability, patent infringement, copyright infringement, trademark infringement, or (2) any inaccuracy or incompleteness in, or delays, interruptions, errors, or omissions in the delivery of the information supplied as part of the subscription services. Subscriber acknowledges that he or she is the sole bearer of all the risk from any use of the website and the information contained therein including but not limited to all of your own hardware and software.

10. RELEASE

In part consideration of the SERVICES PROVIDED herein, SUBSCRIBER ITS INSURERS, REPRESENTATIVES AND SUCCESSORS, HEREBY UNCONDITIONALLY AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Orthochronos Forecasting its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers, and agents (HEREINAFTER ALL SUCH ENTITIES AND PERSONS SHALL BE COLLECTIVELY REFERRED TO AS THE "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, OR THE LIKE, OF WHATEVER KIND OR NATURE, EITHER AT LAW OR IN EQUITY, REGARDLESS OF WHETHER SUCH CLAIM, DEMAND, LIABILITY, CAUSE OF ACTION OR THE LIKE IS FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF ALL OR ANY PORTION OF THE RELEASED PARTIES, WHICH THEY NOW HAVE OR MAY HAVE IN THE FUTURE AGAINST THE RELEASED PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES PROVIDED BY Orthochronos Forecasting UNDER THIS AGREEMENT.

11. Indemnification AND HOLD HARMLESS

In part consideration of the Services provided herein, Subscriber agrees to indemnify, SAVE, DEFEND, and hold harmless Orthochronos Forecasting its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers, and agents (collectively, the "INDEMNIFIED PARTIES") FROM AND AGAINST, ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY, DAMAGE, OR DEATH TO ANY PERSON OR ENTITY, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON, PERSONS, ENTITY, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF Orthochronos Forecasting SERVICES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF Orthochronos Forecasting.

Nothing in these indemnification provisions is intended to limit any rights that Orthochronos Forecasting may possess.

12. LIMITATION OF LIABILITY

In no event shall Orthochronos Forecasting's liability to a Subscriber for breach of any agreement or negligence, if any, exceed the subscription fees paid to Orthochronos Forecasting by Subscriber.

13. GOVERNING LAW, JURISDICTION, AND VENUE

This Agreement is entered into and partly performable in the State of Texas. This Agreement shall be governed, interpreted, and construed in accordance with the laws of the State of Texas.  This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the laws of any other state or country, and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. 

Subscriber and Orthochronos Forecasting each agree that the exclusive venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in Brazos County, Texas or the Southern District of Texas - Houston Division for matters to be heard in federal court. 

Subscriber hereby irrevocably consents to personal jurisdiction in the State of Texas and hereby waives any claim or defense that such venue is not convenient or proper and that any court located within the State of Texas lacks personal jurisdiction. Subscriber hereby consents to service of process by any means authorized by the laws of the State of Texas.

14. Attorney's Fees

In the event Orthochronos Forecasting should be required to take legal action to enforce any of the provisions of this Agreement, Orthochronos Forecasting may recover its reasonable and necessary attorney's fees (up to and including any appellate proceedings) and costs from the Subscriber whether or not litigation results.  This section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of Subscriber against Orthochronos Forecasting whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Orthochronos Forecasting of the provisions of this section.

15. WAIVER

Any waiver by Orthochronos Forecasting of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by Orthochronos Forecasting to insist upon strict adherence to any term of this Agreement on one or more occasions will not be considered a waiver or deprive Orthochronos Forecasting of the right to insist upon strict adherence to that term or any other term of this Agreement.

16. ASSIGNMENT OR TRANSFER

Orthochronos Forecasting may assign, sell, pledge, or transfer individual subscriptions and this Agreement, or any portion thereof or any information associated therewith, at any time, without prior notice to Subscriber. Subscriber may not assign, sell, pledge, or transfer this Agreement or any rights, privileges, benefits, or obligations hereunder without first obtaining prior written consent from Orthochronos Forecasting.

17. Severability

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such provisions shall be entirely severable from the Agreement. Such invalidity, illegality, or unenforceability shall not effect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

18. Successors AND ASSIGNS

It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon Orthochronos Forecasting and its heirs, executors, administrators, legal representatives, successors, and assigns of the respective parties.

19. AMENDMENT

Orthochronos Forecasting reserves the right to amend this Agreement and the Terms of Use contained herein without prior notice to Subscriber. The current version of this Agreement will be available on the website and Subscriber's continued use of the services provided by Orthochronos Forecasting after such amendment shall constitute Subscriber's acceptance of the amendments and agreement to be bound by the amended terms and conditions regardless of whether Subscriber has actually reviewed the amendments.

20. Survival

The payment obligations found in Section 8 incurred prior to the date of any termination of this Agreement, as well as his obligations and responsibilities under Sections 9, 11, 12, 14, and 15 of this Agreement, shall survive termination of this Agreement for any reason.

Any subscriber who would like a copy of these "Terms of Use" may request a copy by writing to Orthochronos Forecasting, LLC, 1005 Falcon Circle, College Station, Texas 77845 whereupon a copy will be mailed or faxed to such subscriber.

SUBSCRIBER FURTHER ACKNOWLEDGES THAT SUBSCRIBER HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF SUBSCRIBER'S CHOICE BEFORE ENTERING THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, UNDERSTANDS SUBSCRIBER'S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE LOGGING IN AND ACCESSING OF THE ORTHOCHRONOS FORECASTING WEBSITE IS AN ACCEPTANCE BY THE SUBSCRIBER OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.