The following are registered trademarks or trademarks of Worden Brothers, Inc.:
TC2000, TeleChart, TeleChart 2000, EasyScan, StockFinder, MoneyStream, Time Segmented Volume, TSV, Balance of Power, BOP, AccuTick, Backscanner, Trade Slider, Winning Stock Selection Simplified, The Chart Reader's Playground
Worden Brothers, Inc., a North Carolina corporation, ("Worden") provides the TeleChart software and services ("TeleChart"), and any data or content available through TeleChart, the Worden website, or any other product or service offered by Worden, (collectively, the "Worden Products"), to you under the terms and conditions (the "Terms and Conditions") set forth in this Worden User Agreement (the "User Agreement"). Use of any Worden product or service indicates your acceptance of the Terms and Conditions and your agreement to be bound by this User Agreement. Worden reserves the right to modify this User Agreement at any time and for any reason in Worden’s sole discretion. If this User Agreement, or any modification of this User Agreement, is or becomes unacceptable to you, you must discontinue your use of Worden Products immediately. Your continued use of Worden Products after the modification of this User Agreement indicates your valid and legally binding acceptance of such modification.
1. Term, Payments and Refund Policy
Worden Products are offered to you for a term of one month ("Monthly Subscription") or under a pre-payment plan (the "Pre-Payment Plan"). Your Monthly Subscription payment entitles you to one month of access to Worden Products selected by you. Under the terms of the Monthly Subscription, your credit card is charged on the day you activate the Worden Products, and automatically charged every calendar month thereafter (at the monthly rate) until you cancel your service. For example, if you activate service on the 10th of a given month, your credit card will be charged on the 10th of all subsequent months. If you cancel service anytime during a Monthly Subscription billing period, service will terminate at the end of that billing period. Customers on the monthly plan may cancel service at any time and reinstate it at a later date without penalty.
The Pre-Payment Plan entitles you to bonus access time to the Worden Product at the service level selected by you when you prepay for a number of months in advance. This bonus time is added to the end of the paid access period. As an example, if you sign up for an offer to "Buy 10 months, Get 2 Months Free", this entitles you to 12 months of access to Worden Products. You will get the 10 months you paid for plus an additional 2 months added to the end of the paid service period. In this example, should you decide to cancel after 6 months, you will be refunded for the 4 remaining paid months. Cancellation of service under the Pre-Payment Plan also cancels all free bonus months.
Free Trial Policy: You may cancel at any time during a free trial period by calling 1-800-776-4940. You will not be asked to return anything. This offer is reserved for new users or accounts inactive for at least one year. Limit one per household per year.
Multiple Devices or Computers: You may install Worden Products to as many computers or devices as you would like, however, you may only use it from one device at any point in time. Running TC2000 simultaneously on a second device will automatically disconnect the first device.
30-Day Money Back Guarantee: Enjoy all the benefits of membership for one month with absolutely no risk. Cancel at any time within the first 30 days after purchasing a data package for any reason and you'll receive a prompt, 100%, no questions asked refund. Just call 1-800-776-4940. This offer is reserved for new users or accounts inactive for at least one year. Limit one per household per year.
Fee Increases: If necessary, Worden may increase fees for Worden Products at any time by giving thirty (30) days written notice to Subscriber. Subscriber may terminate Worden Products affected by the increase by giving written notice to Worden prior to the effective date of such increase. Fees for the Worden Products specified may be increased by Worden at any time during the term of this Agreement on written notice to Subscriber if Worden becomes aware that any information provided by Subscriber is not accurate.
Shipping charges are non-refundable.
2. Termination by Either Party
You may cancel your Worden Products and terminate this User Agreement at any time and for any reason subject to the provisions of Section 11 (Survival of Certain Terms and Conditions) of this User Agreement. Worden reserves the right to terminate this User Agreement at any time and for any reason in its sole discretion.
3. No Advice
Worden products and services are provided to you for informational purposes only and content contained therein should not be construed as an offer to buy or sell a particular security or a solicitation of offers to buy or sell a particular security. Worden may make available, from Worden or third parties, certain information related to the potential price movement of particular securities, but such information is for informational purposes only and should not be construed as an endorsement, recommendation or sponsorship of any company or security by Worden. Worden does not give investment advice or advocate the purchase, holding or sale of any security or investment by any user of Worden. Worden does not provide any legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or informational source. By acceptance of this User Agreement, you acknowledge and agree that any reliance upon the content or data available through Worden is at your own sole risk.
Much of the content or data available through Worden is obtained from, or posted by, third parties. Such third parties are solely responsible for the content or data they make available through Worden. Worden does not endorse, or independently verify the accuracy, timeliness or completeness of, any postings that appear on Worden, including, without limitation, Chat Channels, Shared Notes, Note Comments, Discussion forums or TCMail, and strongly urges you to read and post information on Chat Channels, Shared Notes, Note Comments, Discussion forums or TCMail with caution. Investment or trading decisions should not be based on information obtained through Chat Channels, Shared Notes, Note Comments, Discussion forums or TCMail. The third parties that make such information available through Chat Channels, Shared Notes, Note Comments, Discussion forums or TCMail may not be who they claim to be or may not be affiliated with whom they claim to be. The information they make available may be incorrect, either because of mistakes or, unfortunately, because of intentional deceit. For more information regarding online financial information, please visit www.sec.gov/investor/pubs/cyberfraud.htm.
Worden, and its directors, officers, agents and employees, may hold positions in securities mentioned on Worden and may make purchases or sales from time to time in such securities.
4. User Conduct
Worden reserves the right, in its sole discretion, to monitor and/or remove any information transmitted or received through Worden products, including, without limitation, Chat Channels, Shared Notes, Note Comments, Discussion forums and TCMail. Worden also reserves the right, in its sole discretion, to modify and/or terminate your Username or any other identifying name used by you with respect to Worden Products. You agree not to:
- Post material, non-public information about companies, without the specific written authorization to do so;
- Solicit, entice or otherwise seek to obtain any business, through advertisement, endorsement or any other means, from any user of Worden Products;
- Post, transmit, copy, transfer, make available or otherwise distribute all, or any part or derivative of, the information provided by Worden "Publishers" to Worden users, even if such information is a fact, truth or general statement in which there are no proprietary intellectual property rights;
- Post, transmit, copy, license, sell, transfer, make available or otherwise distribute third party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others;
- Impersonate any person or entity, including, without limitation, any Worden employee, any Worden Publisher or other Worden user;
- Post, transmit, copy, transfer, make available or otherwise distribute information or content that (i) may be considered bulk or junk e-mail (i.e. "spam") or (ii) contains any software virus or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
- Harvest or collect information about Worden users or use any such information for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or other unsolicited communication.
Your use of Worden Products is subject to all applicable local, state, national and international laws and regulations, including, without limitation, the rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation, or rule of a national or other securities exchange.
You agree that you are responsible for all statements made, and acts or omissions that occur, on your Worden account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Worden immediately. Worden reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
5. Rights to Data and Content
The data and content available through Worden is the property of Worden or third parties and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Data and content received through Worden may be displayed, reformatted and printed for your personal, non-commercial use only and shall not be replicated or reproduced without the express prior written consent of Worden. You agree to comply with any copyright notices, information or restrictions contained in the data and content on or accessed through Worden.
6. Disclaimer, Limitation of Liability and Waiver of Representations and Warranties
YOUR USE OF TELECHART, THE WORDEN WEBSITE, AND ANY OTHER WORDEN PRODUCTS AND SERVICES IS AT YOUR OWN SOLE RISK. WORDEN PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY. WORDEN, AND ITS DATA AND CONTENT PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WORDEN AND ITS DATA AND CONTENT PROVIDERS, EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY QUOTATIONS PROVIDED AS PART OF WORDEN SERVICE MAY NOT REFLECT THE PRICES AT WHICH THE QUOTED SECURITIES MAY BE BOUGHT OR SOLD. YOU AGREE NOT TO HOLD WORDEN, OR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, OR DATA AND CONTENT PROVIDERS, LIABLE FOR ANY DAMAGES ARISING FROM THE USE, DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE WORDEN SERVICE, OR ANY DATA OR CONTENT FOUND ON WORDEN, NOW OR IN THE FUTURE.
IN PARTICULAR, YOU SHOULD BE AWARE THAT WORDEN, AND ITS DATA AND CONTENT PROVIDERS, DO NOT GUARANTEE OR INDEPENDENTLY VERIFY THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF ANY WORDEN PRODUCTS, OR ANY DATA OR CONTENT ASSOCIATED WITH WORDEN PRODUCTS. THE DATA AND CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WORDEN, AND ITS DATA AND CONTENT PROVIDERS, SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY CLAIM, LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON OR INABILITY TO USE ANY WORDEN PRODUCTS, OR ANY DATA OR CONTENT ASSOCIATED WITH WORDEN PRODUCTS.
IF YOU ARE DISSATISFIED WITH THE WORDEN PRODUCTS OR WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING WORDEN PRODUCTS. NEITHER WORDEN, NOR ITS DATA OR CONTENT PROVIDERS, WILL PAY YOU ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE THE RESULT OF THE NEGLIGENCE OF WORDEN OR THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ITS DATA OR CONTENT PROVIDERS.
AS AN INTERACTIVE COMPUTER SERVICE, WE ARE PROVIDED IMMUNITY BY CONGRESS IN SECTION 20 OF THE COMMUNICATIONS DECENCY ACT OF 1996 FROM BEING HELD RESPONSIBLE FOR MATERIAL PUBLISHED TO OUR SITE BY ANONYMOUS USERS.
7. Indemnification/Hold Harmless
You agree to indemnify and hold harmless Worden, its officers, directors, owners, agents and employees, and any of its data or content providers, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of Worden Products, the violation of the Terms and Conditions of this User Agreement by you, or the infringement by you, or other user of Worden Products using your Worden account and password, of any intellectual property or other right of any person or entity. Worden reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. Third Party Beneficiaries
Some of the Terms and Conditions of this User Agreement are for the benefit of third parties, including, without limitation, COMTEX News Network, Inc. and its information providers, and you agree that such third parties have the right to enforce their rights directly. You agree that you are contracting with Telvent DTN for access to market data from stock exchanges.
9. DMCA Designated Agent and Takedown Procedures
If you believe materials posted on this website infringe any copyright interest in a photographic, literary, visual or other artistic work you created or own, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act ("DMCA") to respond to such concerns:
Worden Brothers, Inc.
Attn: Patrick Argo, DMCA Designated Agent
PO Box 1139
Wilmington, NC 28402
The DMCA documents the Notice and Takedown Procedure steps to be followed when we receive a complaint from a putative copyright holder or agent of a copyright holder, hereafter referred to as the "Complainant". If you believe any user-generated content on this website infringes your copyright, you must submit (by email or physical mail) to our designated DMCA Agent a DMCA Copyright Infringement Notice with the following:
- A physical or electronic signature of the Complainant;
- An identification of the infringed copyrighted work, or, if multiple copyrighted works are covered by a single notification, a list of all works alleged to have been infringed;
- An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material;
- Contact information of the Complainant, such as an address, telephone number, electronic mail address;
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information contained in the notification is accurate, and under penalty of perjury, that the Complainant is, or is authorized to act on behalf of, the copyright owner.
If the notice is deemed valid, then we will proceed with the takedown procedure set forth in the DMCA.
The laws of the State of Florida, excluding its conflicts of law rules, govern this User Agreement and your use of Worden Products. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Florida. You agree to pay reasonable attorneys fees for Worden’s enforcement of its rights under this User Agreement. No failure or delay in enforcing any right shall be a waiver of that or any other right. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This User Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. Worden is a registered trademark of Worden Brothers, Inc.
11. Mandatory Binding Arbitration
All controversies or claims between or among the parties hereto, including, without limitation, those arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. Arbitration shall be held in the Broward County, Florida. Judgment upon any arbitration award may be entered in any court having appropriate jurisdiction.
12. Survival of Certain Terms and Conditions
Sections 3 (No Advice), 5 (Rights to Data and Content), 6 (Disclaimer, Limitation of Liability and Waiver of Representations and Warranties), 7 (Indemnification/Hold Harmless), 8 (Third Party Beneficiaries), 10 (General) and 11 (Mandatory Binding Arbitration) shall survive any termination or expiration of this User Agreement.
WORDEN PRODUCTS ARE OWNED AND OPERATED BY WORDEN. NEITHER WORDEN NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES HAS REVIEWED, CERTIFIED, APPROVED OR RECOMMENDED, AND NEITHER DOES OR WILL CERTIFY, APPROVE OR RECOMMEND, ANY BOOKS ARTICLES, SEMINARS, COMMENTARIES, SERVICES, CLAIMS, STRATEGIES OR CHAT ROOM STATEMENTS THAT MAY APPEAR ON OR BE ACCESSIBLE THROUGH WORDEN PRODUCTS. WORDEN DOES NOT GIVE INVESTMENT ADVICE OR ADVOCATE THE PURCHASE, HOLDING OR SALE OF ANY SECURITY OR INVESTMENT BY ANY USER OF WORDEN. WORDEN DOES NOT PROVIDE ANY LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATIONAL SOURCE. IF SUCH ADVICE IS SOUGHT, THE SERVICES OF A PROFESSIONAL ADVISOR SHOULD BE OBTAINED. PAST PERFORMANCE, WHETHER ACTUAL OR INDICATED BY TESTS OF STRATEGIES, IS NO GUARANTEE OF FUTURE SUCCESS.
Worden Brothers, Inc.
6315 Boathouse Rd
Wilmington, NC 28403