Terms and Conditions

Terms and Conditions for Hardanalytics.com

Terms of Use for Hardanalytics.com

This website is provided subject to the Terms of Use set forth herein. If you visit the website located at www.hardanalytics.com (the 'Site'), you agree to be bound by these Terms of Use.

Guy Barry ('the site operator', 'author' and 'copyright holder') reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

All content on this Site created by Guy Barry is copyrighted by Guy Barry.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright of Guy Barry or any other person. Any rights not expressly granted in these Terms of Use are expressly reserved.

Use

Sharing posts and pages on this Site on the Internet is allowed. In any such sharing or subsequent re-sharing, the original hyper-linking of the shared or re-shared content to the Site must be preserved. There is no transferal of copyright by downloading or sharing content on the Site. It is not permitted to generate trading strategies, analysis, commentaries or products (including automated trading programs and other systems) from the strategies, analysis and commentaries developed on this Site without the express prior written permission of the author.

Privacy and Cookies

The Cookie and Privacy Policy for the Site is here: Privacy Policy. Use of this Site constitutes acceptance of this policy.

Release of Liability

Through use of this Site, viewing or using, you agree to hold the author and the Site harmless and to completely release them from any and all liability due to any and all loss (monetary or otherwise), damage (monetary or otherwise), or injury (monetary or otherwise) that you may incur. This release of liability expressly includes but is not limited to the consequences of making trading, investing, financial or any other decisions based on anything in this Site, violation of its Terms and the violation of any third party rights and terms.

No fees provided for the Content of this Site

There are no fees provided for discussing stocks, forex or any financial instruments mentioned on this Site, or for any other content. The Site may be compensated if a visitor clicks through links on the affiliate and other third party ads ads on the Site. There is no compensation provided for the content created by the author or for the placing of ads on the Site.

The visitor must click through such ads and/or complete purchases on the landing Site then visited. Any compensation is determined by the ad and/or affiliate company only. The identity of the visitor clicking remains anonymous to the Site and its author. Thus the author has no control or determining of such actions by the visitor. Thus any compensation which may occur is incidental to the Site content.

No Investment Recommendations or Financial Advice Provided

No aspect of the Site is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice.

If you choose to engage in transactions based on content on the Site, then such decision and transactions and any consequences flowing therefrom are your sole responsibility. The author does not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever.

The content on the Site which relates to finance, is based around approaches which are impersonal. It is not designed to or intended to accommodate any individual's financial activities or objectives. Nothing on this Site or its use is a substitute or is intended to be a substitute for seeking the advice of a financial adviser, tailored to your individual needs.

Nothing on the Site or its use constitutes or is intended to constitute a fiduciary relationship.

The author is not an investment or financial adviser. The Site relies upon the "publisher's exclusion" from the definition of "investment adviser" in the US as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. The Site content and services offered thereon are bona fide publications of general and regular circulation offering impersonalized investment-related information to users and/or prospective users (e.g., not tailored to the specific investment needs of current and/or prospective users).

To the extent any of the content published as part of the Site or services offered thereon may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

If you make investment or other decisions in reliance on information you receive in connection with the Site, you do so at your own risk and the author will not be liable for any losses that you may sustain.

You should not make any investment decision without first conducting your own research. You are solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.

Any past performance indicated on this Site is not indicative of future results. Anyone investing should be able and prepared to bear a loss of his or her entire investment.

Any analysis provided on this Site is for expressive purposes only and carries no implicit or explicit representation of accuracy or completeness of any kind. In particular there is no suggestion of predictive accuracy of any kind. All predictive analyses depend on future events which can completely invalidate the analysis.

There is no guarantee with respect to the accuracy or reliability of the information or content or links or translations contained in this Site and no liability is assumed with respect to the information, content or links or translations contained in this Site including decisions taken on the basis of the information or content or links or translations contained herein.

Market data used in the analysis is not intended to reflect or provide information about prices, but it intended to provide a descriptive basis for commentaries on the market. Pricing data is used in a qualitative way and should not be used as a basis for valuation or decisions in the market.

There is a substantial risk of loss in trading financial markets. The author may in the normal course of business have positions, which may or may not agree with the opinions expressed in this Site.

No Trading or Investing Recommendations

There are no recommendations to make trades or invest implied or given on this Site and nothing on this Site should be construed as an investing or trading recommendation.

No Client Relationship between Site Visitor and the Site Operator

The identity of those who take any actions on the links is not known to its operator. There is no client relationship created at any time between this Site, its operator and those who visit this Site and/or who navigate to the third party sites from this Site and there is no aim or intention for there to be such a relationship.

No Solicitation of Business

This author does not and does not aim to solicit or conduct business in financial services, including the futures industry through this Site. The author neither sells nor offers goods or services on this Site, the links are to third party companies. The content itself is not paid for.

The Site is a weblog of interests of the author and is not aimed at any individual or determined by anybody except the author. It is a site for expressing personal views and opinions, on matters of interest to the author.

Like many similar sites on the web, it publishes third party ads for which no payment is received, unless the visitor anonymously chooses to click through and/or make a purchase.

Social Media Disclaimer

This covers activities associated with this Site across social media, including but not limited to the Site, Twitter, Facebook and Google, which are not covered by the rest of the Terms.

Opinions, statements, estimates and projections in any message or other media are solely those of the individual author. The author has no obligation to update, modify or amend this message or other media, or to otherwise notify a recipient thereof, in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.

Any content, information and any materials provided in any message or other media is on an “as is” basis. The author makes no warranty, expressed or implied, as to its accuracy, completeness or timeliness, or as to the results to be obtained by recipients, and shall not in any way be liable to any recipient for any inaccuracies, errors or omissions herein.

Without limiting the foregoing, the author shall have no liability whatsoever to a recipient of any message or media, whether in contract, in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by such recipient as a result of or in connection with any actions, opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by it or any third party, whether or not based on the content, information or materials contained herein.

The inclusion of a link to an external website by the author should not be understood to be an endorsement of that website or the site's owners (or their products/services). The author is not responsible for either the content, or output, of external websites.

Third Party Web Sites and Information

The appearance of advertisements on this Site in no way constitutes an endorsement of the products advertised. Neither the author, nor any entity he is affiliated with, approves of or endorses any of the products or services that appear on this website.

The author may provide hyperlinks to third party websites or access to third party content. The author does not control, endorse, or guarantee content found in such sites. You agree that the author and this Site is not responsible for any content, associated links, resources, or services associated with a third party site.

You further agree that the author and this Site shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.  IN NO EVENT WILL THE AUTHOR AND THIS SITE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Furthermore, any information on this site is subject to change without notice and the author accepts no liability for its accuracy or otherwise.

Disclaimer of Warranties and Limitation of Liability

THE CONTENT OF HARDANALYTICS.COM IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, OR PROFITS) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS, POSTINGS, COMPARISONS, COMPANY INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AUTHOR AND THIS SITE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE SITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY FOREX TRANSACTION, FUTURES CONTRACT, SECURITY OR OTHER FINANCIAL PRODUCT, FINANCIAL SERVICES PROVIDER, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, THE AUTHOR AND THIS SITE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, THE AUTHOR AND THIS SITE MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL THE AUTHOR AND THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, ANY INFORMATION POSTED ON THE SITE, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

Indemnification

You agree to indemnify and hold the author and this Site harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) use of the Site or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the Site under any Access Method assigned to you; (ii) your violation of these Terms of Use; (iii) any Submissions provided by you to the author and this Site; or (iv) your violation of any rights of any third party.

Modification or Discontinuance of the Site

At any time, without notice to you, and for any or no reason, the site operator may modify or discontinue the Site. The site operator shall in no way be held liable for any consequence which results from the site operator's decision to modify or discontinue providing the Site.