This agreement is between you (also referred to herein as "Licensee" or "you") and StockDisciplines.com, a.k.a. Stock Disciplines, a.k.a. Stock Disciplines, LLC hereinafter referred to as "we," "us," or "StockDisciplines.com" Read the following terms and conditions carefully before ordering a license to use Stops or ATR Stops from StockDisciplines.com. Hereinafter, Both Stops and ATR Stops will be referred to as simply "Stops." The words "Him" and "He" are not used in a gender related sense but will also mean "Her" or "She" as may be appropriate for the reader. If you order from StockDisciplines.com, you are, by that act, agreeing to be bound by the terms and conditions set forth in this agreement. If you do not agree to be bound by these terms and conditions, you must not order Stops. Hereinafter, this License Agreement will be referred to as "license" or "Agreement."
By downloading, installing, accessing or using Stops you indicate that you have the authority to bind yourself and any organization you may represent to the terms of this Agreement and that you and any such organization will be bound by the terms of this Agreement. If you do not agree to all the terms and restrictions of this Agreement, StockDisciplines.com is not willing to license to you any right to use or access Stops. In such event, you may not download, install, access, use, or copy Stops.
Stops is licensed to you, not sold. Except for the limited license granted in this Agreement, StockDisciplines.com and its licensors retain all right, title, and interest in Stops, all copies thereof, and all proprietary rights in Stops.
GRANT OF LICENSE. During the term of this Agreement, StockDisciplines.com grants you a revocable, nontransferable, nonexclusive license to use Stops for the purpose of local installation and operation for your use only. In connection with your license to use Stops you will be required to identify the name of the individual or entity who will be the designated licensee for Stops. The designated licensee is the person whose name is entered on the order form. This Agreement and your license to use Stops may be extended by your payment of a fee to renew your license. Without the payment of the license fee, Stops will automatically cease its useful function at the end of the term and the license granted will expire. However, as explained below, license renewals are automatic unless cancellation has occurred before the automatic license renewal.
If you are granted a license, you will have to obtain an "Registration Key" from StockDisciplines.com to gain access to Stops. Stops has a built-in and completed request for a "Registration Key" that automatically appears the first time you try to open Stops. Do not add anything to the form. You only have to send it to get your Registration Key. The request must be sent from the computer on which it appears. This procedure helps us prevent unauthorized use of Stops. If you want to install Stops on a second computer, you will have to order a second license. The "Registration Key" will not work on a second computer.
The fee for a license pays for one Registration Key that will be used on only one specific computer. It is understood and agreed that in order to protect ourselves against users who want to share Stops with other people who do not pay to use it, it is necessary for us to provide Registration Keys that will operate only on the computer of the person who has paid for a license. Users are encouraged to make their own backup copies of Stops and the Registration Key in case the originals are damaged or permanently deleted.
You will also have to enter four "Operational Codes" (that will be provided by StockDisciplines.com) so that Stops will operate correctly. First-time users are sent temporary Operational Codes (codes that are necessary for the proper functioning of Stops durint the trial period). Starting with the first day of the license period, first-time users will have 10 days to use and evaluate Stops. The 10-day period is independent of when you actually begin to use Stops. For example, if you do not begin to use Stops until the sixth day, then the first five days will have been lost, and you will have only 5 days of use before the end of your 10-day trial period. Therefore it would be wise not to order Stops unless and until you are prepared to begin using it. After the tenth day, StockDisciplines.com will send you new Operational Codes that will enable Stops to function for the remainder of the license period. These codes are sent automatically. If you wish to cancel your license to use Stops, you must notify StockDisciplines.com of that fact any time within the first 10 days. It is understood and agreed that once StockDisciplines.com sends you the codes for the remainder of the license period, StockDisciplines.com has effectively and constructively given you the use of Stops until the end of the license period originally designated on your order, whether or not you actually make use of it during that time. It is understood that there is no way for StockDisciplines.com to turn Stops off when it is on a remote computer once licensee has both it and valid Operational Codes. Therefore, if there is no cancellation within the first 10 days, refund requests will not be honored after the first 10 days, even if licensee discontinues use of the tool. There are no refunds for partially used license periods.
If you decide not to cancel, then at some time within the 10 days before the end of your paid-for license period, you will be sent a notice informing you that your license period is coming to an end and that your license will be renewed automatically. Early on the day after the expiration of the paid-for license period, new operational codes will automatically be sent to the licensee unless the licensee, before the end of the expiring paid-for period, has notified StockDisciplines.com of an intent to cancel. It is agreed that once the new Operational Codes are sent, the licensee has constructively and effectively been given use of Stops for another paid-for period. The codes that StockDisciplines.com will send you will enable Stops to function for another license period of the same duration as that indicated on your original order. Once those codes are sent, there are no refunds because of a cancellation. To prevent being charged for an unwanted continuation of use, the licensee must notify StockDisciplines.com of an intent to cancel before the new Operational Codes are sent. We provide the end date of the first paid-for period when we send the Operational Codes. If the licensee has paid for a 6-month license, the end date will occur every six months. For 1-year licenses, the end date will occur the same date every year. If the licensee is unsure about the end date, he or she may simply call and ask for it.
If you cancel before the end of the 10-day "trial period," we will refund your payment minus a 6% fee to cover a portion of our credit card and administrative expenses. It costs us to set up an account, generate Operational Codes, generate and process Activation Codes, and then to terminate an account. The Payment Gateway also needs information besides what is contained in the order. All of this takes human labor, and somebody has to be paid for doing it. We have also calculated the amount we are charged for accepting credit card payments and the fees averaged between 6% and 7%. Refunding by credit card would cost another 6% to 7%. Although the 6% fee we charge covers only a portion of our expenses, it also helps screen out "lookie-loos" who are not interested in making a serious effort at learning to use Stops but are interested only in getting "freebies." The refund will be sent by check to minimize our costs.
When a licensee cancels, then after the license expires, Stops will generate (depending on settings) either error messages or corrupted output. If it generates corrupted output, it may or may not be obvious to the user that the output has been corrupted. This output inaccuracy after the expiration is intentional, and it is designed to discourage unauthorized use. Stops will also display "XXXXXXX" in its output cells each day before the current date is entered in the fifth cell of the first column on the far left side of the program. When the current date is entered and the f-9 key is pressed, "XXXXXXX" will disappear from those cells unless the user's computer clock is set to the wrong date.
When we send your temporary codes, we will also indicate the last date on which you may cancel. If you cancel, it is your responsibility to be sure that we acknowledge that we have received your cancellation notice. We cannot acknowledge it if we do not receive it. It will do no good to claim a notice of cancellation was sent if we do not receive it. Therefore, if you do not get an email confirmation from us within a few hours, call us. We suggest that you let us know by the 8th or 9th day rather than wait till the 10th day if you do not want to continue using stops beyond the 10-day period. That would give a little time for you to make sure we have received your notice.
The 10-day "trial period" is available only once and to first-time users only, so they can become acquainted with Stops and how it works. Those who have previously used the tool do not need a "trial period." Therefore, they are not sent temporary Operational Codes. They are automatically sent codes for the full term of the license.
You may not reverse engineer, decompile, disassemble, modify, create works derivative of Stops, or in any way attempt to gain access to any of the underlying code or algorithms not visible to the casual user. You may not alter or modify any disabling mechanisms which may be resident in Stops.
You understand and agree that you may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer Stops, or directly or indirectly permit any third party to use or copy Stops. You agree to keep all codes associated with the use of Stops in strict confidence, and will not share your Operational Codes with any third party. You will be solely responsible for all use of Stops made with your Registration Key and Operational Codes. You agree that you will be provided with a single copy of Stops that will be used on a single computer and for your use only. You agree that you will not remove any proprietary notices (e.g., copyright and trademark notices) from Stops.
StockDisciplines.com requires that an order for a Stops license be submitted by and paid for by the indicated user of Stops. An order will not be accepted if it is made by one person on behalf of another person. There are good security reasons for this. If there has been a deception, and it is discovered that the user of Stops is a person other than the owner of the credit or debit card used in placing an order, StockDisciplines.com may at its sole discretion, refuse to send any codes necessary to prevent Stops from corrupting its output. In such an event, no orders placed by or on behalf of either individual will ever be accepted again for any subscription or license.StockDisciplines.com does not warrant that Stops will meet your requirements, or that the operation of Stops will be uninterrupted or error free. No oral or written information or advice given by StockDisciplines.com shall create any additional warranties or in any way increase the scope of StockDisciplines.com's obligations hereunder.
Stops cannot function correctly without importing from StockDisciplines.com information that is needed for its algorithms. It is not necessary to import this information every day, but it is necessary for Stops to have access to it whenever Stops is in use. The licensee does not have to open a browser or in any way request the information. When Stops is opened, a warning will be posted that says something like "Security Alert - Data Connection." You must click on "Options" and enable. Alternatively, the alert will say something like "Query Refresh - This workbook contains queries to external data that refresh automatically." You must click on "Enable automatic refresh." Look for these alerts near the top of your screen. If the licensee's computer does not have Internet access when Stops is opened, Stops will not function correctly. Under such circumstances, it is best to close Stops and wait for IInternet access to be restored before opening it again.
If the clock on licensee’s computer is set incorrectly, either Stops will not work or the data used by the algorithms in Stops may be modified in such a way that output is corrupted. The nature of such modifications or corruptions may not be readily apparent. It is Licensee’s responsibility to enable the correct and accurate output of Stops by making sure that the system clock of the computer on which Stops is to be installed is accurate. Accuracy to the second or minute is not necessary, but accuracy to the day is. The user can easily check his or her computer by noting whether or not its calendar shows the correct date. More on system clock errors.
You must have Excel 2003 (or later) installed on your computer, and you must have macros enabled so that you can use an Excel spreadsheet with macros. There are tests available on our Website so that you can easily test your system for this capability. The tests can be accessed by clicking on links provided on pages that describe Stops and ATR Stops. It is your responsibility to test or otherwise confirm the ability of your system to open and work with such files before you place an order for a Stops license. You may get a warning because of the macros present in Stops. Those macros will not do anything harmful. They add necessary capabilities that are not standard in Excel. In fact, if the macros were removed or disabled, Stops would not work correctly. The algorithms within Stops look for input from those macros. Corrupted output cannot be avoided if you do not enable macros. When output is corrupted, the output of the "Lab" is corrupted differently than output for an actual stock you might be tracking. Settings that look good in the "Lab" would not translate correctly when applied to a stock in the other section of the program. That is, the two sections of the program use input from the macros differently. Sometimes the program will give a warning when output is corrupted, and sometimes it will not. In any event, if you do not enable macros, the output will be compromised enough to render Stops unreliable and perhaps even dangerous as a stop loss calculator. Licensee understands that it is important to enable macros.
CELL PROTECTION. It is understood that StockDisciplines.com has not protected all cells in Stops against improper use or deletion. The user of Stops must not enter anything in any cell that is not white or goldenrod (a bright mustard-like yellow) in color. Any non-white or non-goldenrod cell may have underlying but invisible formulas. If anything is pasted into a cell that is not white or goldenrod in color, the underlying formulas may be destroyed. Even headings like "Alternate," "Open," and "Multiplier" are called into their cells by formulas. If a formula is overwritten or deleted, that formula will no longer be there to do its job. Some formulas are protected against permanent damage but many are not. If the user is careless and deletes the contents of a cell that is not white or goldenrod, he should immediately press the "Ctrl" key and the "Z" key at the same time. If that does not reverse the deletion, he must close the program without saving it. If that does not work, he must start over with a backup copy of the Stops.exe application. Because an act of carelessness can permanently damage Stops, Licensee understands the importance of maintaining backup copies of Stops and the Registration Key, and of keeping those copies in a safe place or in a separate folder. Licensee understands and agrees that the only backups available to him will be those he creates himself, and that he must not use a backup without making another backup first.
You understand that Stops may recalculate over 50,000 equations whenever it recalculates, and many of these equations are dependent on the output of other equations. Normally, Excel automatically recalculates all equations whenever a spreadsheet has been modified. Depending on the speed of your system, the recalculation could take several minutes. Therefore, instead of making the user wait for calculations to finish every time data is entered or changed in a cell, our Stops.exe application will not recalculate until the user presses the f-9 key. To save time, we recommend that users make all entries and changes for all positions before pressing the f-9 key. Some computers require the user to press the "fn" key while pressing the f-9 key.
You understand and agree that StockDisciplines.com may from time to time modify the algorithms within Stops, and that such modifications could change the output of Stops. It is agreed that such modifications will be at the sole discretion of StockDisciplines.com, and that such changes may be implemented without notice to the visitors of the StockDisciplines.com Website or to the users/licensees of Stops.
To reduce the chances that a person will unintentionally damage Stops, Stops is provided without the familiar Excel command ribbon that is usually found at the top of the screen. It is extremely important that the licensee avoid the menu command ribbon because formatting, deleting, and sorting from the ribbon/menu can destroy the proper functioning of Stops. However, a person can perform basic functions by using the keyboard. To copy a selection, select it and then depress the "Ctrl" key and the letter "C" at the same time. To paste, place your cursor where you want it, then depress the "Ctrl" key and the letter "V" at the same time. To print, depress the "Ctrl" key and the letter "P" at the same time. To save, press "Ctrl" and "S" at the same time. Other key-based operations can be performed, but using those that are not mentioned here may damage the tool. For example, depressing the "Ctrl" key and the letter "X" at the same time and then Ctrl+V to paste will destroy Stops because the algorithms within Stops will remember the original location of the data. Therefore, errors will be generated and the damage to the tool will likely be permanent. Inserting, deleting, or re-arranging cells will permanently damage Stops. To delete the contents of a cell, press the "Delete" key on the computer's keyboard. The ribbon was removed to encourage people to confine themselves to copying, pasting, saving, and printing. NEVER use the "cut" function by pressing the "Ctrl+X" key combination. An added benefit of removing the ribbon is that a larger area of the spreadsheet can be viewed. To exit the program, click on the "X" in the upper right corner.
Fees may be changed at any time. If the fee is increased, licensee will not be asked to pay more for any current license. However, new licenses will be subject to the new fees. The ordering page reflects the current fees.
Licensee agrees to provide StockDisciplines.com with a current e-mail address, phone numbers where Licensee can be reached, a current physical mailing address (not a P.O. Box) and changes to any of these items promptly when changes are made. StockDisciplines.com cannot send or inform you of free updated versions of Stops if the e-mail address you have provided is not current. This can be especially important if the updated version corrects programming errors or adds new features. Current licensees are eligible to get these updates without charge.
You understand and agree that the output of Stops never constitutes a recommendation to buy or sell any securities. Licensee agrees to indemnify and hold StockDisciplines.com, its officers, associated persons, and assigns harmless from any investment or other financial loss resulting directly or indirectly from the use of Stops. Stops is based on Microsoft's Excel spreadsheet program, a program that has been used successfully on many millions of computers worldwide. Therefore, Licensee agrees to indemnify and hold StockDisciplines.com, its officers, associated persons, and assigns harmless for any computer damage that occurs during the time Stops is installed on Licensee's computer. All limitations of liability and exclusions of damages shall remain in effect even if any other provisions of this Agreement fail in their purpose.
This Agreement constitutes the entire understanding and agreement between StockDisciplines.com and you, and it supercedes all prior or contemporaneous oral or written agreements, all of which are merged in this agreement. Any failure by StockDisciplines.com to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or in any way operate to mitigate rights of enforcement in the event of any subsequent breach of that provision.
Any controversy or claim, including but not limited to errors and omissions, arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in the county of Orange, State of California, in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. You understand that this agreement to arbitrate does not constitute a waiver of the right to seek a judicial forum where such waiver would be void under the federal securities laws. Arbitration is final and binding on the parties.
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