TERMS OF SERVICE

INTRODUCTION

DISCLAIMER: Chart Prime Trading, LLC, herein referred to as "Company", “Chart Prime”, "We", "Us", or "Our", provides non-financial advisor services. The following Terms and Conditions ("Terms") delineate the governing framework for your access, interaction, and use of all features, functionalities, services, content, and subscription offerings presented, facilitated, or provided through our official website, sub-domains, affiliated services, and services (collectively, "the Services"). You, as the user of the Services, and us, the Company, may collectively be referred to as “Parties” within these Terms.

Our Services is designed to provide you with an in-depth understanding of our products, offerings, and operations, and to facilitate your interaction, purchase, and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction or transaction on or through our Services, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this agreement, and that you will abide by all of its stipulations.

IT IS IMPERATIVE THAT YOU READ AND COMPREHEND THESE TERMS IN THEIR ENTIRETY BEFORE PROCEEDING. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, OR OTHERWISE USING THE SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE (ON BEHALF OF YOURSELF OR ANY ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES.

In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.

We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes. Your continued use of our Services post any modifications signifies your acceptance of the amended Terms.

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PLANS AND SERVICE DESCRIPTION

We pride ourselves on offering a diverse array of trading tools and services, tailored to the nuanced needs of modern traders. Our commitment is to empower you with advanced analytical tools, aiding in informed decision-making in the dynamic world of trading. This 'Plans and Service Description' section outlines the structure and scope of our Services, ensuring a comprehensive understanding of what we provide and how our services can be leveraged to your advantage.

Service Offerings: We provide a comprehensive range of trading indicators and tools, designed for effectiveness and user-friendliness. Our Services are integrated with third-party platforms like TradingView and Discord to enhance your trading experience. These services include, but are not limited to, the Prime Screener, Prime Oscillators Pro, Market Oracle Pro, and Market Dynamics Pro, each offering unique insights into market trends and dynamics.

Special and Limited-Time Offers: Occasionally, we collaborate with influencers or affiliates to offer unique bonuses, such as exclusive indicators available only through specific affiliate links. Additionally, we may introduce special promotions like lifetime access subscriptions.

It's important to note that irrespective of the subscription model chosen—be it our base plan, a unique affiliate-linked offer, or a lifetime access deal—the same terms and conditions apply. By subscribing to and using our services, you acknowledge and agree to the terms outlined in this section.

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REGISTRATION AND ACCOUNT MAINTENANCE

To gain full access to the functionalities and services offered by the Services, users are required to complete an account creation process. This process is fundamental to establishing a secure and personalized user experience on our Services.

• Registration Requirements: During registration, users must provide accurate, current, and complete information as prompted by the account creation form. This includes, but is not limited to, a valid email address and any other information deemed necessary by Chart Prime. Users agree to update this information promptly should there be any changes, to maintain the accuracy of their account.
• Account Security: Upon creating an account, users will set a password, which must be kept confidential. The user is solely responsible for all activities that occur under their account. Any unauthorized use of the account or other security breaches must be immediately reported to Chart Prime. Chart Prime will not be liable for any loss or damage arising from the user's failure to comply with this security obligation.
• Verification Process: Chart Prime may implement additional verification steps to confirm the identity of users. This may include, but is not limited to, phone verification, email verification, or requests for additional identification documents. Users are required to comply with these verification processes to ensure the security and integrity of the Service.
• User Responsibilities: Users are responsible for ensuring that their conduct on the Services is in accordance with these Terms and Conditions and any applicable laws or regulations. Misrepresentation, use of false information, or impersonation of another individual or entity is strictly prohibited and may result in immediate account termination.
• Changes to Account Details: Users may modify their account information as necessary through the account settings feature on the Services. It is the user’s responsibility to ensure that their account details are current and accurate at all times.

By creating an account with Chart Prime, users signify their explicit agreement to these Terms. Chart Prime reserves the right to refuse account creation, suspend, or terminate accounts at its sole discretion, particularly in cases of suspected fraud, abuse, or violation of these Terms.

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PAYMENT TERMS

This section details the financial commitments associated with our Services, aiming to provide you with a clear understanding of our billing practices and options.

• Subscription Payment Structure: Our payment structure is designed to cater to a variety of preferences and needs. For our subscription services, we offer the flexibility of monthly, quarterly, or yearly payments. These recurring payments are critical for maintaining uninterrupted access to our Services, with each billing cycle commencing from the date of subscription initiation.
• Billing and Renewal Procedures: For users on our recurring subscription plans, billing occurs in advance for each period of the chosen cycle. It is important to note that these subscriptions are set to renew automatically at the end of each cycle.
• Lifetime Plan Payment Terms: Separately, we offer a distinctive lifetime plan, available through a one-time payment. This exclusive plan grants perpetual access to our services, eliminating the need for further recurring payments. Please note, due to the perpetual access granted by this plan, it typically does not qualify for refunds, as detailed in our Refund and Cancellation Policy.
• Managing Payments with PayPal and Stripe: For all transactions, we utilize PayPal, both leading payment processing services, to ensure secure and efficient handling of your payments. Their robust security measures align with our commitment to protecting your financial information as detailed in our Privacy Policy. Should you wish to change your subscription plan, adjustments can be made and will be effective from the next billing cycle.

By subscribing to our Services and providing payment, you acknowledge and accept these Payment Terms. For any inquiries or assistance related to payments, subscription modifications, or billing, our customer support team is available to assist you.

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COUPONS & DISCOUNTS

All coupons are for the first invoice on new subscriptions. A coupon used on a monthly plan will reduce the first months payment. A coupon used on a quarterly plan will reduce the first quarterly payment. A coupon used on yearly will reduce the first yearly payment.

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THIRD-PARTY SERVICES

Integration with TradingView and Discord: A core aspect of our Services involves integration with TradingView and Discord. TradingView is instrumental in hosting our trading signals and indicators, while Discord serves as a platform for community engagement and support services. These integrations are crucial for delivering a comprehensive trading experience and for facilitating seamless communication and interaction within our user community.

Payment Processing via PayPal and Stripe: For secure and efficient transaction processing, we utilize PayPal and Stripe, renowned payment processing services. They manage all financial transactions related to subscription payments, ensuring the safety and confidentiality of your financial data in line with our Privacy Policy.

Subscription Management with Chargebee: Chargebee is employed to manage our recurring payment systems. This service streamlines the subscription process, handling various aspects of billing and subscription renewals, and providing a user-friendly interface for subscription management.

Digital Marketing and Analytics Tools: Our marketing strategies leverage tools like Google Ads, Facebook Ads, and TikTok Ads. These services enable targeted advertising and help in analyzing the effectiveness of our marketing campaigns. Additionally, we use Google Analytics for insights into website traffic and user interactions, aiding in the continual improvement of our Services.

User Consent and Data Sharing: By using our Services, you consent to the sharing of necessary data with these third-party services as required for their functioning. We ensure that data sharing is compliant with our Privacy Policy and that third-party services adhere to similar standards of data protection.

Disclaimer of Liability: While we integrate these third-party services for enhanced functionality, Chart Prime Trading, LLC is not responsible for any issues, data loss, or service interruptions caused by these external platforms. We endeavor to collaborate with reputable services but cannot guarantee their performance or uninterrupted availability.

Changes and Updates: Our use of third-party services may evolve over time. We reserve the right to modify, add, or remove certain third-party integrations as our Services develop. Any significant changes in our use of these services will be communicated to our users as appropriate.

By engaging with our Services, you acknowledge and agree to the terms of our interaction with these third-party services.

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REFUNDS AND CANCELLATION

We offer a structured refund process as part of our commitment to customer satisfaction. The specifics of our refund policy, including eligibility criteria, processing timeframes, and the procedure for initiating a refund, are detailed in our comprehensive Refund and Cancellation Policy. We encourage our users to review this policy to understand the terms under which refunds are granted.

Effect of Cancellation: Upon cancellation of a subscription, you will retain access to the Services until the end of your current billing cycle. After this period, access will be revoked, and no further billing will occur. It is important to note that certain subscription plans, such as the lifetime plan, may have specific cancellation terms, which are outlined in the aforementioned policy.

No Refunds for Lifetime Plan: Please be aware that payments made for the lifetime plan are generally non-refundable due to the perpetual nature of the access provided. We advise users to consider this before opting for the lifetime subscription.

Policy Amendments: Chart Prime Trading, LLC reserves the right to modify the Refund and Cancellation Policy at any time. Such changes will be effective immediately upon posting the updated policy on our website. We recommend our users review the policy periodically to stay informed of any changes.

By subscribing to and using our Services, you acknowledge and agree to these Refunds and Cancellations terms and conditions. Our aim is to provide a straightforward and stress-free experience, both in using our Services and in managing your subscription. Should you have any questions regarding refunds, cancellations, or related policies, please do not hesitate to contact our customer support team.

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NO REPRESENTATION OF SUCCESS

Trading in financial markets involves substantial risk. The volatility and unpredictability of markets mean that the value of investments can fluctuate dramatically. Users of our Services must acknowledge and accept these risks. While our tools and indicators are designed to provide valuable insights and analytics, they should not be construed as guarantees of success or profitability.

No Guarantee of Performance: Chart Prime Trading, LLC does not represent, warrant, or guarantee that the use of our Services, including our trading indicators and algorithms, will result in successful trading outcomes. The effectiveness of these tools is subject to market conditions, the execution of strategies, and numerous other factors beyond our control.

Decision-Making Responsibility: Users are solely responsible for their investment and trading decisions. The content and tools provided by Chart Prime Trading, LLC are intended to support and inform your decision-making process but should not be the sole basis for your trading strategies. We encourage users to combine our tools with their own research, analysis, and judgment.

No Financial Advice: The information and services provided by Chart Prime Trading, LLC do not constitute financial advice. Users are advised to seek independent financial advice from qualified professionals before engaging in any trading activities.

Acknowledgment by Users: By using our Services, you acknowledge that Chart Prime Trading, LLC does not promise or guarantee any particular trading results. You accept that you bear full responsibility for your trading choices and their outcomes.

Our Commitment: While we are committed to providing high-quality tools and services to assist in your trading endeavors, Chart Prime Trading, LLC’s role is that of a facilitator, providing resources to aid in your analysis and decision-making. We strive to maintain the highest standards in our service offerings but cannot be held responsible for individual trading successes or failures.

This 'No Representation of Success' provision is crucial for ensuring that our users have a realistic understanding of the nature of trading and the scope of our services. We encourage all users to approach trading with caution and informed judgment. For any questions regarding this provision or the nature of our services, please reach out to our customer support team.

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USER OBLIGATIONS

As a user of the Services, you are expected to adhere to a set of obligations that are essential for the effective functioning and legal compliance of the Service. These obligations are designed to uphold the integrity of the Service, protect other users, and ensure a safe, trustworthy online environment.

• Compliance with Laws and Regulations: You are required to use the Services in strict compliance with all applicable local, state, national, and international laws, rules, and regulations. This encompasses, but is not limited to, regulations pertaining to online conduct, acceptable content, privacy, data protection, financial and trading regulations, and the transmission of technical data.
• Accuracy and Updating of Information: You agree to provide true, accurate, current, and complete information during the account creation process and in subsequent interactions with the Services. It is your responsibility to maintain and promptly update your account information to ensure its accuracy and completeness.
• Responsible and Ethical Use: The Services must be used responsibly and ethically. This includes refraining from any form of harassment, abuse, defamation, or dissemination of objectionable material. Any form of scams, fraud, or illegal activity through the Service is strictly prohibited.
• Security and Reporting: You are responsible for maintaining the confidentiality of your account credentials and restricting access to your account. Promptly report any unauthorized use or security breach to Chart Prime. Avoid activities that compromise the security or disrupt the functionality of the Services.
• Non-Interference: Interfering with, disrupting, or attempting unauthorized access to the servers or networks connected to the Services is prohibited. Adhere to all network and service requirements, procedures, policies, and regulations.
• Intellectual Property Rights Respect: Respect the intellectual property rights of others. Do not upload, download, display, perform, transmit, or distribute any content that infringes upon third-party intellectual property rights.
• Avoidance of Prohibited Activities: Engaging in harmful, offensive, or inappropriate activities is prohibited. This includes distributing malware, spam, engaging in phishing, or any activities that may compromise the integrity of the Services or other users.
• Understanding Service Modifications: Acknowledge that Chart Prime Trading, LLC reserves the right to modify or discontinue the Services (or any part thereof) at any time, with or without notice. Chart Prime will not be liable for any modification, suspension, or discontinuation of the Services.

By using the Services, users agree to be bound by these obligations and acknowledge that failure to adhere to these obligations may result in the suspension or termination of their account and legal action if necessary. Chart Prime reserves the right to enforce these obligations at its discretion and to determine, in its sole judgment, whether a user has breached these obligations.

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NO WARRANTY

Scope: Chart Prime Trading, LLC provides Services, including Prime Screener, Prime Oscillators Pro, Market Oracle Pro, and Market Dynamics Pro, on an 'as is' and 'as available' basis. We make no representations or warranties, express or implied, concerning the completeness, accuracy, reliability, suitability, or availability of the Services or any information, products, services, or related graphics contained within them for any purpose.

Absence of Guarantees: We expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that your use of the Services, including any decisions made based on our trading indicators and algorithms, is at your sole risk.

Limitations of Financial and Trading Services: While we strive to provide accurate and effective trading indicators and algorithms, we cannot guarantee 100% accuracy or success. The financial markets are inherently unpredictable, and our Services are not infallible. The Services should be used as tools to assist in your decision-making process, not as the sole basis for your trading or investment decisions.

System Availability and Functionality: We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. Nor do we guarantee that any defects in the Services will be corrected. The availability and functionality of the Services may be affected by various factors, including but not limited to, market conditions, system performance, and other technical issues.

Dependency on Third-Party Services: Given our reliance on third-party platforms like TradingView, we cannot guarantee continuous access to our Services if these platforms face issues or cease operations. We are not liable for any loss or interruption in service due to such external dependencies.

Content and Information Accuracy: The content and information provided through the Services are intended for general information purposes and should not be solely relied upon for making trading or investment decisions. We do not warrant the accuracy or completeness of this information and disclaim any liability for reliance placed on such content.

Investment Risk Acknowledgment: Users must acknowledge the inherent risks involved in trading and investment activities. Chart Prime Trading, LLC is not responsible for any losses or damages arising from trading decisions or actions taken based on the use of our Services.

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LIMITATION OF LIABILITY

Scope: IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Use or Inability to Use the Service: Our Service is dependent on third-party platforms such as TradingView. In instances where these platforms experience disruptions, go out of business, or become unavailable for any reason, we shall not be held liable for any impact this may have on the availability or functionality of our Service. We aim to ensure continuity and quality in our offerings but cannot guarantee uninterrupted service in light of dependencies on external platforms. We also disclaim liability for any conduct or content of third parties on our Service, as well as for any unauthorized access, use, or alteration of your transmissions or content. While we strive to secure and manage the Service effectively, we cannot assure absolute protection against such external factors.
• Accuracy of Information: The reliance on any information or content made available through the Service. Users are solely responsible for any decisions or actions taken based on the information and services provided by Chart Prime.
• Third-party Services and Content: Any loss or damage incurred as a result of dealings with, or the presence of advertisements, links, or third parties found on or through the Service. Any reliance on representations and warranties provided by any third parties will be at your own risk.
• Service Interruptions and Loss of Data: Any interruptions or cessation of transmission to or from our Service; any bugs, viruses, or the like which may be transmitted to or through our Service by any third party; and/or any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
• User Actions and Interactions: The actions or inactions of any user of the Service or any other third parties in connection with or otherwise related to the use of the Service.
• Compliance with Legal Obligations: Our compliance or failure to comply with any legal or regulatory obligation.

This Limitation of Liability provision shall survive any termination or expiration of your use of the Service or these Terms.

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PROHIBITED USES

Users are required to adhere to specific standards of conduct to maintain the integrity and functionality of the Service. The following activities are strictly prohibited on the Service and constitute a violation of these Terms:

• Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.
• Infringement of Intellectual Property: Users are prohibited from posting, uploading, sharing, or otherwise distributing any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.
• Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.
• Misrepresentation and Impersonation: Users are forbidden from impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity. This also includes providing false or misleading information during the account creation or verification process.
• Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.
• Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
• Data Mining and Scraping: Unauthorized data mining, scraping, or similar data gathering and extraction tools or techniques on the Service are prohibited.
• Unethical Trading Practices: Users shall not use the Service to engage in or promote unethical trading practices, such as insider trading, market manipulation, or other practices that are illegal or violate trading regulations.
• Non-Compliance with Trading Regulations: Users are required to comply with all applicable trading and financial regulations. Users must not use the Service in a manner that violates regulatory requirements or laws governing trading and financial activities.
• Speculative and High-Risk Trading: Users are advised against engaging in speculative or high-risk trading based solely on the indicators or data provided by the Service. Users are responsible for their own trading decisions and should exercise caution and due diligence.
• Content Violations: Users are prohibited from posting or transmitting content that is violent, pornographic, discriminatory, or otherwise offensive or inappropriate, as determined in the sole discretion of Chart Prime.
• Excessive Usage: Users shall not engage in excessive usage of the Service, as determined by Chart Prime, including usage that adversely affects the performance or availability of the Service for other users.
• Bypassing Security Measures: Attempting to bypass any measures Chart Prime may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.
• Manipulation or Misuse of Indicators: Users are prohibited from manipulating, reverse-engineering, or otherwise misusing any indicators or algorithms provided by the Service. This includes any attempts to replicate or redistribute our proprietary tools without authorization.
• False Claims or Guarantees: Users must not make false claims or guarantees about potential earnings or outcomes derived from using the Service. This includes promoting or suggesting guaranteed success in trading based on the use of our indicators or services.
• Sharing of Subscription Benefits: Users are prohibited from sharing or distributing the benefits of their subscription, such as exclusive indicators or content, with non-subscribers. This includes unauthorized sharing of account access, data, or proprietary information obtained through the Service.

Violations of these prohibited uses may lead to immediate termination of the user's account and legal action, where appropriate.

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TERMINATION AND SUSPENSION

The Company reserves the right to terminate or suspend access to our Service at any time, without prior notice or liability, for any reason whatsoever, including, but not limited to, a breach of these Terms. The following outlines the conditions and procedures regarding termination and suspension:

• Breach of Terms: If a user violates any of the terms and conditions outlined in these Terms, Chart Prime may, at its sole discretion, suspend or terminate the user's account and access to the Services. This includes any misconduct, illegal activity, or other actions deemed harmful to the Service or its users.
• Effect of Termination: Upon termination or suspension, the user's right to use the Service will immediately cease. If the user's account is terminated, the account and its associated data may be deleted. Chart Prime is not responsible for the loss of such data.
• Content Preservation or Deletion: Following termination, Chart Prime may either preserve or delete any content or information associated with the terminated account, in accordance with our data retention policy and applicable laws.
• Survival of Provisions: The user's obligations and liabilities incurred prior to the termination date, as well as any provisions of these Terms that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
• Legal Actions: Chart Prime reserves the right to take any necessary legal action in response to breaches of these Terms, fraudulent activity, or other misconduct.
• Reinstatement: At Chart Prime's sole discretion, a user whose account has been suspended or terminated may be offered the opportunity to have their account reinstated. This may require the user to rectify the violating behavior or to meet other conditions set forth by Chart Prime.

This Termination and Suspension provision is designed to ensure the integrity and security of the Service and its users.

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DATA PRIVACY

Commitment to Privacy: At Chart Prime, we are deeply committed to maintaining the trust and confidence of our users. We understand that when you choose to provide us with information about yourself, you trust us to act responsibly and in your best interests, hence we take that trust seriously and are committed to ensuring the privacy and security of your personal information.

Collection of Data: We may collect various types of information, including personal and non-personal data, as you interact with our Services. Personal data could include your name or email address.

Use of Data: Your data aids us in offering a more tailored and user-friendly experience, processing your orders efficiently, responding to your inquiries promptly, and keeping you informed about our latest products and offerings.

Privacy Policy: For a more detailed understanding of how we collect, use, and protect your personal data, please refer to our comprehensive Privacy Policy. By using our Services, you consent to the practices detailed in our Privacy Policy.

Changes to the Provision: We may update this DATA PRIVACY provision from time to time. Any changes will be effective immediately upon posting the updated provision on our Services. Your continued use of our Services following such updates signifies your acceptance of the changes.

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INDEMNIFICATION

Obligation to Indemnify: You hereby agree to indemnify, defend, and hold harmless Chart Prime, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party website providers from and against all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Terms or your use of our Services or the services or products we offer.

Cooperation and Defense: You agree to cooperate fully in the defense of any claim challenged or questioned under this indemnification provision. Chart Prime reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Chart Prime.

Continuous Effect: This indemnification provision shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director, or employee of such indemnified party and shall survive the termination of your use of our Services or any services or products we offer.

No Limitation: Your indemnification obligations cover claims against you and Chart Prime alike, including situations where you have acted negligently or in a manner that may not align with the best interests of Chart Prime.

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THIRD PARTY LINKS

External Links Disclaimer: The Services may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.

User Discretion Advised: When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.

No Liability for Third-Party Websites: The Company 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 the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.

No Affiliation or Endorsement: The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by the Company of those websites, their operators, or the content, products, or services contained or accessible through those websites.

Changes and Removal of Links: We reserve the right, at any time and without notice, to add to, change, update, or modify our Services, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.

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INTELLECTUAL PROPERTY

Ownership: All content presented or displayed on our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the sole property of Chart Prime or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Use Restrictions: The compilation of all content on our Services is our exclusive property, and you are expressly prohibited from reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or using any content available on or through our Services for commercial or public purposes, without our prior written permission.

Trademarks: Chart Prime, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Chart Prime or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

Infringement Claims: We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our Services infringes upon your intellectual property rights, please provide us with a detailed notice with the requisite information to evaluate and, if valid, act on such claims.

License Grant: By using our Services, you are granted a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the content and services for your personal, non-commercial use, subject to compliance with these Terms. This license does not include any right for resale, commercial use, distribution, or modification of any content or service.

Termination of License: Any unauthorized use by you of our Services or any breach of these Terms terminates the license granted herein. Upon such termination, you must cease all use of our Services and its content.

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DISPUTE RESOLUTION

Mediation: If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.

Binding Arbitration: If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.

Exceptions: Notwithstanding the above clauses, Chart Prime reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where Chart Prime believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.

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GOVERNING LAW

Jurisdiction & Applicability: These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of South Dakota, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.

Scope: The laws of the State of [Insert State] shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

Exclusivity: Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of South Dakota,. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.

International Use & Compliance: If you access our Services from outside the United States, you are responsible for compliance with local laws. Chart Prime makes no representation that materials or content available through our Services are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

Waiver of Class Action: You and Chart Prime agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.

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AMENDMENTS

We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Services. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.

• Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
• Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Services and services.
• Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
• Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.

Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.

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WAIVER

No Automatic Waivers: The failure or delay of Chart Prime in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Written Requirement: Any waiver by Chart Prime of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of Chart Prime. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

Retaining Rights: No waiver by Chart Prime of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Chart Prime to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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HEADINGS

The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.

• Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
• Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
• Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
• No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.

Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.

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SEVERABILITY

Enforceability of Terms: In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

Modification of Invalid Terms: The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

Construction: These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

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ENTIRE AGREEMENT

Comprehensive Understanding: These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between Chart Prime and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

No Reliance on Oral Representations: You acknowledge that you have not relied upon any representation, promise, or warranty made by Chart Prime, except as expressly set forth in these Terms.

No Oral Modifications: Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of Chart Prime. No oral modifications or agreements shall be valid.

Survival: Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.

Consistency: In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.

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EXCHANGE MARKET DATA

Source and ownership. The Service makes available market data originating from Chicago Mercantile Exchange Inc. and its affiliated exchanges (CME, CBOT, COMEX and NYMEX) (together, "CME Group"), together with data from other exchanges and sources. All right, title and interest in exchange data, including all intellectual property rights, remains with the originating exchange and its licensors. Nothing in these Terms transfers any ownership in that data to you.

Your licence. Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use exchange data made available through the Service, solely for your own personal or private use in managing your own assets.

Restrictions. You may not:

• redistribute, retransmit, republish, sell, licence or otherwise make exchange data available to any third party, in whole or in part, in any form;
• use exchange data to manage assets belonging to any third party in any capacity, including proprietary or funded trading firm accounts, managed accounts, or accounts held by family members or others;
• use exchange data in any automated or semi-automated trading system, or for any non-display purpose, except as expressly enabled by us for your account and permitted by the originating exchange;
• store, warehouse or build a database of exchange data beyond what is incidental to your use of the Service;
• use exchange data to create any derivative index, benchmark, valuation, or product.

Eligibility and certification. Access to real-time exchange data requires that you qualify as a Non-Professional Subscriber under the originating exchange's rules and that you complete and maintain an accurate eligibility certification with us. You must notify us promptly if your circumstances change such that your certification is no longer accurate. We may verify your status at any time. If you do not qualify, or your certification is inaccurate or not maintained, we may withdraw real-time data and provide delayed data instead, or suspend data access.

Reporting and audit. You acknowledge that we are required to report to exchanges the number of users entitled to access their data, and that exchanges may audit compliance. You agree that we may disclose your certification and entitlement records to an exchange for that purpose, and you agree to cooperate with any such audit.

Exchange terms. Your access to CME Group data is additionally governed by the CME Group Subscriber Addendum, which is incorporated into these Terms by reference and available at https://www.cmegroup.com/market-data/files/ILA-Subscriber-Addendum.pdf. Where the Subscriber Addendum conflicts with these Terms in respect of CME Group data, the Subscriber Addendum governs. CME Group may amend the Subscriber Addendum; we will notify you of changes.

No warranty. Exchange data is provided "as is." Neither we nor any exchange or its licensors warrants the accuracy, completeness, timeliness or availability of exchange data, and none of them is liable for any loss arising from any error, delay, omission or interruption in it, or from any action you take in reliance on it.

Third-party beneficiary. CME Group is a third-party beneficiary of this section and may enforce it directly against you.

Survival and termination. This section survives termination of your account. On termination you must cease all use of exchange data obtained through the Service.

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CONTACT US

Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Services, or any of our products or services, please feel free to contact us through any of the following channels:

• Email: [support@chartprime.com]

Response Time: We will make reasonable efforts to respond to your inquiries promptly, typically within., two business days. However, please note that response times may vary depending on the nature and complexity of your inquiry.

Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.

Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.

No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.

Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.