These terms and conditions outline the rules and regulations for the use of BarAudio's Website and mobile application, located at https://baraud.io and the Google Play Store. By accessing this website and mobile application we assume you accept these terms and conditions. Do not continue to use BarAudio if you do not agree to take all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person logging on this website and mobile application and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We employ the use of cookies. By accessing BarAudio, you agreed to use cookies in agreement with the BarAudio's Privacy Policy. Most interactive websites and mobile applications use cookies to let us retrieve the user’s details for each visit. Cookies are used by our websites and mobile applications to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Unless otherwise stated, BarAudio and/or its licensors own the intellectual property rights for all material on BarAudio. All intellectual property rights are reserved. You may access this from BarAudio for your own personal use subjected to restrictions set in these terms and conditions. You must not:
• Republish material from BarAudio
• Sell, rent or sub-license material from BarAudio
• Reproduce, duplicate or copy material from BarAudio
• Redistribute content from BarAudio
This Agreement shall begin on the date hereof.
Parts of this websites and mobile applications offer an opportunity for users to post and exchange opinions and information in certain areas of the website. BarAudio does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of BarAudio, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, BarAudio shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. BarAudio reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. You warrant and represent that:
• You are entitled to post the Comments on our websites and mobile applications and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant BarAudio a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
No use of BarAudio's logo, artwork or trademark will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Websites and mobile applications that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Please read our Privacy Policy.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our websites and mobile applications and the use of this website. Nothing in this disclaimer will:
• Limit or exclude our or your liability for death or personal injury;
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• Limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the websites and mobile applications and the information and services on the websites and mobile applications are provided free of charge, we will not be liable for any loss or damage of any nature.
BarAudio cannot and does not represent or guarantee that any of the information available through our services or on BarAudio is accurate, reliable, current, complete or appropriate for your needs. Various information available through our services or on BarAudio may be specially obtained by BarAudio from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (e.g. Cboe BZX and possibly other established financial exchanges such as the New York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones), who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by BarAudio. We make no warranty and assume no obligation or liability for scripts, indicators, ideas and other content of third parties. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.
Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through BarAudio or our services.
Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. As a vendor of official real-time market data from exchanges (e.g. NASDAQ) for end users, we are required to identify the 'Non-Professional' status of any Subscriber. By ordering a subscription for market data on BarAudio (except for the following subscriptions: CME GLOBEX, CBOT, COMEX, NYMEX) you confirm the following:
• You use market data solely for personal use, not for your business or any other entity.
• You are not registered or qualified with the Securities Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC).
• You are not registered or qualified with any securities agency, any securities exchange, association or regulatory body in any country.
• You do not perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency, any securities exchange, or association or regulatory body, or any commodities or futures contract market, or association or regulatory body.
• You are not engaged as an investment advisor (as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940) or asset manager and you are not engaged to provide investment advice to any individual or entity.
• You are not subscribing to the service in your capacity as a principal, officer, partner, employee, or agent of any business or on behalf of any other individual.
• You use your own capital, not provided by any other individual or entity in the conduct of your trading.
• You do not conduct trading for the benefit of a corporation, partnership, or other entity.
• You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
• You are not receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity.
You agree to indemnify and hold BarAudio and our subsidiaries, affiliates, officers, agents, employees, partners, developers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the BarAudio services, your use of the BarAudio services, your connection to the BarAudio services, your violation of the Terms of Use, or your violation of any rights of another.
Our software, website and/or services may include software components supplied by third parties which are utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties ("Third Party Software"). BarAudio expressly disclaims any warranty or other assurance to you regarding Third Party Software. Please note that your use of the Third-Party Software will be governed by the terms and conditions of use and privacy policies of the Third-Party Software providers and not by these Terms of Use or our Privacy Policy.