Terms & Conditions
DURATION OF SUBSCRIPTION
Subscriptions to UTP On-Demand, MTI 4.0 Charting, MTI FX Advisor (collectively referred to as “UTP On-Demand)” are on a monthly basis. Monthly subscription to “UTP On-Demand” is on a continuous service basis; this means that once you receive access to your website by obtaining a username and password, billing begins and your subscription will automatically renew based on a monthly calendar date billing cycle, until you tell us to cancel pursuant to the cancellation policy below.
Prepaid, semi-annual and annual subscriptions may also be offered at a discounted rate. Semi-annual subscriptions terminate 6 months and annual subscriptions terminate one year from the date of subscription and may not be cancelled prior to end of the annual subscription period. You will receive a renewal notice prior to the end of your prepaid subscription period.
UNAUTHORIZED USE, ASSIGNABILITY AND OWNERSHIP
Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using any products, services or materials retrieved from Market Traders Institute, Inc. products and services. You may not publish, broadcast, sell or otherwise redistribute these products, services or materials for commercial purposes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or any way, exploit, in whole or in part, any of the products, services or materials, except for modifications to the particular website you subscribe to in order to suit your purposes.
All rights, title and interest (including all copyrights and other intellectual property rights) in the products, materials and services provided (in print or machine-readable forms) belong to Market Traders Institute, Inc. You acquire no proprietary interest in the products, services, materials, or copies thereof.
ACCESS TO SERVICES
Only individuals authorized by Market Traders Institute, Inc. may access and use the online services provided by Market Traders Institute, Inc.
Products, materials and features may be added to or withdrawn from the online services and the online services may otherwise be changed without notice.
TERMINATING YOUR SUBSCRIPTION – CANCELLATION POLICY
Market Traders Institute, Inc. reserves the right to change this subscription agreement from time to time. Charges and payment terms may be changed in accordance with the applicable price schedule. All other provisions may be changed by Market Traders Institute, Inc. immediately upon notice. Continued use of the services and materials following any change constitutes acceptance of the change.
Market Traders Institute, Inc. may suspend or discontinue providing services and materials to you without notice and may pursue any remedy legally available if you fail to comply with any of your obligations hereunder.
You may terminate a monthly subscription to the products, services and materials by providing notice to Market Traders Institute, Inc. in writing or by e-mail. Notice of the intent to terminate must be received 5 days before your billing date for the month proceeding the month of termination. Notice of the intent to terminate received after the 5 days before your billing date of the month will be processed for termination the following month, with actual termination effective the month following. Set up fees and yearly subscriptions are not refundable in whole or in part.
If the credit card on which you have requested billing expires, exceeds your maximum limit of credit, or is rejected by the card issuer for any reason, Market Traders Institute, Inc. will notify you by e-mail, or telephone and will attempt to process the transaction within a reasonable period of time. If the charge is rejected by the card issuer again, you will receive notice. You may provide information and authorization to charge another credit card, or speak to customer support about an alternative method of payment.
LIMITED WARRANTY
The products, services and materials provided by Market Traders Institute, Inc. are provided "as is" and without warranties of any kind, either expresses or implied. Market Traders Institute, Inc. disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Market Traders Institute, Inc. does not represent or warrant that any of the information and resources presented on its web pages, its subscribers’ websites, or on the internet generally, will be uninterrupted or error free, that defects will be corrected, or that the services and materials provided or the server from which it is accessed are free from viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Market Traders Institute, Inc. be liable for any costs or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use the materials and services. In no event Market Traders Institute, Inc. total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for subscription.
PRICACY NOTICE
MTI may disclose non-public personal information about you to either our affiliates or non-affiliates as permitted by law. We may share personal information with our affiliates for business purposes, such as servicing client accounts and informing consumers about new products and services as permitted by applicable law. We limit access to staff members who conduct our business, service your account, and help you accomplish your financial objectives, such as providing you with a broad range of products and services. We may also disclose your non-public information as described above to persons or companies that perform services on our behalf.
In addition, we may disclose personal information with non-affiliated companies and regulatory authorities as permitted or required by applicable law. For example, we may disclose personal information to cooperate with regulatory authorities and law enforcement agencies to comply with official requests, and as necessary to protect our rights or property.
This Notice is a summary of our Privacy Policy. If you would like a more detailed explanation regarding MTI’s information practices, please send your request in writing to us at 400 Colonial Center Parkway Suite 350, Lake Mary, FL 32746.
ATTORNEY’S FEES
In addition to the foregoing remedies, Company shall be entitled to recover from Student all of its costs and expenses, including reasonable attorneys’ fees, incurred by Company in connection with enforcing its rights hereunder and/or recovering for a breach of the Agreement.
GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PROVISIONS AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.
VENUE AND CONSENT TO JURISDICTION
Any dispute arising under or in connection with this Agreement, or related to any matter which is the subject of this Agreement, shall be subject to the exclusive jurisdiction of the Circuit court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida. Student hereby consents to the jurisdiction of the Circuit court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida and irrevocably agrees that all actions or proceedings relating to this Agreement or any amendment thereof shall be litigated in such Circuit Court. Student hereby waives any objection which he/she may have based on improper venue or forum non conveniens.
