Access Rules and No Liability
Unauthorized duplication of any portion of the Website (including without Limitation, text, graphics, source code, search and other user-enabling functionalities) is prohibited without the express advance written permission of PTC. Any such duplication or use of any portion of the Website may subject you to civil and/or criminal penalties which PTC may pursue against you.
You understand and accept that all information and content presented or posted on the Website is provided “as-is,” without warranties or representations of any kind, express or implied, including those of merchantability, fitness for a particular purpose, marketability or value, nor any implied warranty arising from a course of dealing, usage or trade practice. You also fully understand and acknowledge that the Website accepts postings from third parties, which postings have not been vetted, evaluated, confirmed, approved, or sanctioned by PTC. PTC is not responsible for any member or third party posting of any information, product, service, or offer of any type on the Website. PTC makes no representation regarding its members, or any third party user’s registration, or requirement to register, with federal or state regulators, including but not limited to, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (the “CFTC”) or any self-regulatory organization (“SRO”) such as the Financial Industry Regulatory Authority (“FINRA”).
You acknowledge and agree that PTC neither warrants nor represents the accuracy or completeness of any information presented on the Website and that you access and use the Website at your own risk. By using the Website, you release PTC and its subsidiaries, affiliates, partners, agents, directors, officers and employees from any and all legal liability and responsibility to you for any and all Website-related claims, including but not limited to, accuracy or completeness of any information displayed on or through the Website. You agree that PTC is not responsible for any action, or lack thereof, of other Website users or members, failure of Website operations, and any and all other circumstances that cause harm or damages of any kind or nature to you which directly or indirectly results from your access to and/or use of Website-related information and/or services.
As a material term and condition of access to, and use of, the Website, you acknowledge and unconditionally agree that the Website is provided for informational purposes only and is not to be used for trading purposes nor may you rely on any posting to the Website. Under no circumstances will the Website be used to confirm, price, negotiate, execute, clear, consummate or settle any transaction nor will PTC confirm, price, negotiate, execute, clear, consummate or settle any transaction on your or any other user’s behalf.
Unauthorized use of the Website, including, but not limited to, unauthorized entry into restricted areas of the Website or its systems or misuse of any information, is strictly prohibited. You may not use the Website in any manner that could damage, disable, defame, overburden, or impair PTC or the Website or interfere with any other person’s use and enjoyment of the Website. You agree that you will not attempt to gain unauthorized access to the Website or any of its code, services, systems or networks through hacking, password mining or by any other means. You agree that you will not engage in any activities which involve the use of, or access to, the Website, or any other services, that are in violation of any applicable laws, rules or regulations. PTC may, at its discretion, monitor and review and indefinitely retain any and all Website communications by and among users of the Website, including any communications, postings, digital footprint and information you may provide to the Website or any of it users through the Website.
Passwords and Access
As part of the Website registration process necessary to obtain access to portions of the Website that are username and password-protected, you are required to select a username and a password. You are required to provide PTC with certain registration information, all of which must be accurate, truthful, and timely updated. You must (a) select a unique username for your account; (b) not use a username in which another person has rights without such person’s written authorization; or (c) not select a username or password which PTC, in its sole discretion, deems offensive or inappropriate. PTC reserves the right at any time to deny access to the Website if it is unable to verify the authenticity of your registration or sign-in information and credentials. You will be solely responsible for maintaining the confidentiality of your access password. You agree to immediately notify PTC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any credit card or other financial or non-financial information. You are fully responsible for all of your usage of and activity on the Website, including, but not limited to, use of your password by an unauthorized third party. The use of your password by any other person or entity is strictly prohibited. If the computer system on which you accessed the Website is sold or transferred to another party, you warrant and represent that you will delete all files obtained by or through use of the Website. PTC reserves the right to suspend or terminate your Website access and/or membership in its sole discretion at any time, either with or without notice and remove any posting it wishes for whatever reason. You may terminate your membership at any time by submitting a notice to PTC. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your membership will be immediately terminated without right of reimbursement and all billing of your account shall cease.
Lawful Uses and Communication
You agree to use the Website only for lawful purposes and for the purposes for which it is intended. You agreed to abide by principles of good faith and fair dealing with respect to the any information or content posted. If you fail to abide by such principles, we will remove your account and may report you to the relevant authorities for sanction or prosecution. You agree to obtain any state, federal or SRO registrations as may be required for any actions or requests in connection with the Website. Your failure to obtain any required registrations may serve as the basis for your removal from the Website. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You will not attempt to add, subtract or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
When you visit the Website or send us emails, you are communicating with us electronically. You consent to receive electronic communications from us. Please be advised that we may communicate with you via email or by posting notices to the Website. You acknowledge and agree that all notices, disclosures, agreements and any other communication that we may provide to you electronically satisfies any legal requirement that the communication be in writing.
Third-Party Links and Websites
PTC may provide, on the Website, links to websites operated by other entities. If you use these third-party websites, you will leave the Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other harmful elements and to abide by the terms and conditions of use of such websites. Because PTC does not control the content of any other websites, neither PTC nor its affiliates, subsidiaries, successors, or assigns can be responsible for the content, practices or standards of such other websites or websites framed within the Website or any third party advertisements. PTC makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon, including the accuracy and timeliness of any such information, or any of the products or services described thereon. Links do not imply that PTC or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of PTC or any of its affiliates or subsidiaries.
No Warranty and Waiver of Liability
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY MONETARY LOSS FROM INDICATED TRANSACTIONS ON THE WEBSITE OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH INFORMATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY THE WEBSITE, ITS AGENTS, REPRESENTATIVES, EMPLOYEES, LICENSEES, CONTENT PROVIDERS OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU ALSO EXPRESSLY UNDERSTAND THAT THE CONTENT PROVDED BY OR CONTAINED WITHIN THE WEBSITE IS NOT INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE.
IN NO EVENT WILL PTC OR ANY THIRD PARTY PROVIDING CONTENT WITHIN THE WEBSITE BE LIABLE FOR ANY LIABILITY OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PTC OR ANY THIRD PARTY PROVIDING CONTENT WITHIN THIS WEBSITE, OR THEIR RESPECTIVE AGENTS, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS, EXPRESSIONS, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY PTC.
You agree to indemnify, hold harmless and defend PTC, its subsidiaries, affiliates, officers, directors, agents, partners, owners, employees, third party content providers and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys’ fees and costs, arising out of or relating to any third party claim, proceeding, action, or demand arising out of or relating to (a) your access to and use of the Website, (b) your breach or violation of any term, condition, representation or warranty contained herein, and (c) your violation of state, federal or foreign securities laws or regulations, or any other person’s rights, including but not limited to infringement of any intellectual property, proprietary, or privacy right of any third party.
Organization and Applicable Law
PTC’s is organized under the laws of the state of Nevada with its main office located in San Diego, California, in the United States of America (“USA”). The Website is currently controlled, operated and administered from within the USA. If you access the Website from another location outside of the USA, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction.
Last updated: January 23, 2018
Protecting Your Privacy
Your privacy is important to us. We are committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to understand what information we may receive and how we may use it.
We may collect nonpublic, personal information, i.e., data that can be used to uniquely identify or contact you, from the following sources:
• Information passing through our servers from you in connection with sale or purchase inquiries, requests, documents and forms;
• Information you voluntarily supply in exchange for additional information, services, or resources;
• Information about offers and your transactions with us and other members and users;
• Information we may receive about you from third parties;
• Information we receive when you visit the Website, including cookies.
We may collect information about you in written, oral or electronic form. The types of information about you that we may collect include your name, address, phone number(s) and facsimile number(s), email address(es), credit card information, country of residence, and electronic posting of information, inquiries regarding financial instruments, purchase and sell offers, and other information we may collect during your use of the Website. We may, at our sole discretion, monitor and review the content of all communications to other members and users or passing through our servers.
We also collect non-personal information, i.e., data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
• We may collect information such as occupation, language and location information, so that we can better understand member and user behavior and improve access to the products and services offered on the Website;
If we combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
How We Use Collected Information
We collect and use information for business purposes, such as evaluating and processing financial and other data, or resources that you request, as well as to inform you of products, services or other opportunities that may be available.
Other than as set forth in this policy, we do not disclose any nonpublic personal information about you to nonaffiliated third-parties, except as permitted or required by law or legal authorities. This may include responding to a subpoena or other legal process, or reporting to consumer reporting agencies. We may also release information about you if you direct us to do so. Additionally, we may also release information about you if we are acquired or merged with another company; in this event, we will use our best efforts to notify you before any personal information about you is transferred.
We may disclose the above-described information to service providers to help us process your requests or to provide you with products or services you have requested. These service providers may include financial institutions, research companies, legal counsel and similar service providers. We may also disclose information to companies that perform marketing or other services on our behalf. The information we disclose to service providers is limited to the information needed to carry out their function.
You may opt out of the information sharing as described herein at no extra cost.
Use of the Website
In general, you may visit portions of the Website without revealing any information about yourself. Our web servers may seek (as many websites do) to place a “cookie” (a small data file) on your computer’s hard drive that allows the server to identify the computer, if or when it visits again, in order to track statistical information about navigation to and throughout certain areas of the Website. This cookie is not used to obtain your name or any personal data, and the information that is tracked is used only for internal purposes, such as to improve site navigation. If you prefer not to accept cookies, you can set your web browser to reject them or to alert you before one is placed.
We may also gather data about visits to the Website, including domain name, length of time on the Website and other data to assist us in evaluating the usefulness of our site, and so that we can provide more efficient service in the future.
In addition, some areas of the Website may request personal information from you, such as information necessary to process your inquiry or to provide you with certain information you request.
Access to Collected Information
You may review, correct and update the information that you provide to us by contacting us as described below. Please contact us if there is incorrect information in any documents or other communications that you receive from us. Please note, however, that we reserve the right to send you communications relating to the Website and our products and services without first offering you the opportunity to opt-out of receiving them. If you have a membership account you can delete your account at any time. Please note, however, that even if you delete your account, there will still be information that will remain in the C&S database of archived records.
In an effort to protect your personal information we have implemented a number of safeguards. We operate secure data networks protected by industry-standard firewall and password protection systems. Access to information is restricted to authorized persons. Additionally, when your personal information is collected through the Website, it is encrypted using industry-standard Secure Socket Layer (“SSL”) technology. We periodically review our security policies and update them as necessary.
Links to Other Websites
Transfer of Information to Countries Other than the United States of America
Changes to This Policy
How to Contact Us
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY THE WEBSITE, AND C&S SHALL BEAR NO LIABILITY WHATSOEVER FOR THE BREACH OF ANY SUCH WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Your exclusive remedy and PTC’s entire liability, if any, for any claims arising out of the operation of the Website shall be limited to the amount you paid, if any, for any services available through the Website during the six-month period before the act giving rise to the liability.
IN NO EVENT SHALL PTC BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM C&S.
FURTHER, PTC SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD-PARTY WEBSITES LINKED TO OR FROM C&S. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. PTC SHALL NOT BE LIABLE FOR ANY LOSS OF, OR DAMAGE TO, YOUR CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Although the Website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. This site is not a solicitation for or offering of any service to any person in any jurisdiction where such solicitation or offering would be illegal.
OPT OUT PROCEDURES
Last updated: January 23, 2018