Welcome, and thank you for your interest in the Strategy Seeker website (the "Site") which is owned and operated by Runway Ltd ("Runway"). For the avoidance of doubt, these Terms (as defined hereinafter) shall apply to all genders equally.
The Site offers a premium services for all its Users (All Users mentioned henceforth will be referred hereinafter collectively as "User/s"):
• For unregistered Users – The Site offers a free stock charts tool.
• For registered Users ("Registered User/s") – The Site offers a strategy research and rule-base signaling tool and the option to subscribe to Power Users strategy/ies (as specified below).
• For Registered power Users ("Power User/s") – The Site offers a robust strategies research and rule-base signaling tool ("the Tool"), which is a platform to define Power User's own strategy, portfolio of strategies and/or universe of securities, back test, optimize and forward test Power User's strategies, using robust chart and Lab modules. After Power User creates his strategy/ies, the Tool will generate daily signals according to such Power User's strategy and universe. For avoidance of doubt, all Power Users are considered also as Registered Users.
• Power Users can also upload their strategies and offer Registered Users to subscribe to such strategies through the Tool (respectively "Subscription" and "Subscribed Users"). The Tool will generate daily signals according to Subscribed strategy to the Subscribed User.
The aforesaid application will be referred hereinafter as "the Market Place".
Runway offers you access to the Site, the Tool and the Market Place according to the terms and conditions set forth herein. The following terms and conditions, including the Guidelines (as defined below), as may be amended from time to time (collectively, the "Terms") form an agreement between you, and Runway.
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE, THE MARKET PLACE OR THE TOOL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE OR THE TOOL.
1. Eligibility; Registration Information and Password;
1.1. THE TOOL AND THE MARKET PLACE ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS WHO ARE LEGALLY INCAPABLE TO ENTER INTO THIS AGREEMENT OR USERS SUSPENDED OR REMOVED FROM THE SITE OR THE TOOL BY THE SITE'S MANGMENT. BY USING THE TOOL, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, LEGALLY CAPABLE TO ENTER INTO AND ACCEPT THESE TERMS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
1.2. As a User, and in order to use the Tool and the Market Place you will have to register and establish an account ("Account"). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, for restricting access to your computer and for all activities made in connection with your Account, and you agree to immediately notify the Site's management of any security breach of your Account. Runway shall not be responsible for any losses or expenses arising out of, or in connection with, the unauthorized use of your Account.
1.3. If you are using or opening an Account on the Site or the Tool on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent that it will be used to manage a single account (each broker or stock account requires a subscription) and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
1.4. You undertake that the information you provide to Runway on registration and at all other times will be true, accurate, current, and complete. You also undertake that you will ensure that this information is kept accurate and up-to-date at all times.
1.5. Subject to your compliance with these Terms, Runway gives you permission to use the Site, the Tool and the Market Place as set forth in these Terms, and consistent with the intended features of the Tool.
2. Use of Site.
The Site is for your personal, non-commercial use, unless to the extent you and Runway have explicitly agreed otherwise. All content in the Site and Tool is owned or controlled by Runway or the Supplier of Runway or Runway's licensors and is protected by copyright and other intellectual property laws. You shall not copy, distribute or publish any content or any information obtained or derived therefrom except as permitted on or through the Tool or the Site and as otherwise permitted by applicable law.
3. Limitations on investment guidance and professional advice.
3.1. Runway, through the Site or otherwise, is not providing any legal, tax or investment advice. All Users are solely responsible to the results of any action or omission, made pursuant to strategies results, notes and/or signals given through the Tool or the Market Place.
3.2. Runway is not an investment adviser or broker-dealer or advising investment advisory service, nor an entity that recommends which securities Users should buy or sell for themselves.
3.3. All services and information available on or through the Site and the Tool are all general information and are not intended to address any User's particular requirements.
3.4. The investment information, content, strategies, signals and material on the Site and the Tool (collectively, "the Investment Information") is in the nature of general investment research and data and is for general informational purposes only. The Tool is designated to assist Users to analyze and examine such Investment Information. In addition, the Investment Information is not personalized for specific User/s, does not constitute any form of advice or recommendation or investment advice by Runway or other Users and is not and should not be considered to be an individualized or other investment recommendation. Such information is not intended to be relied upon by any User in making (or refraining to make) any specific investment or other decisions without further consultation and analysis with other tools and authorized investment advisor.
3.5. Appropriate expert independent advice should be obtained before making any User's decision regarding investments. User bears all risks from any use or result of using any services and/or information on the Site, including through the Tool.
3.6. The Tool cannot and Runway does not influent on and/or involved in Power Users' offered strategies uploaded to the Market Place. Users acknowledge that any advice or recommendation received (if received at all) from other User have not been authorized by Runway and are not part of the Site, the Market Place and the Tool.
3.7. Nothing contained in the Site and the Tool should be construed as an offer to sell, a solicitation of an offer to buy, or recommendation for any security. You should consult your legal or tax professional regarding your specific situation.
4. The Market Place.
4.1. Power Users who have uploaded their strategies may offer Subscriptions to such strategies to other Registered Users for a fee through the Site. The pricing and the term for such Subscription are determined by the Power User and are set forth at the Site. Such Subscriptions are offered directly by the Power User, and Subscribed Users acquiring such Subscriptions directly from the Power User and not Runway. Although such Subscriptions are made available through the Site and Runway collects the subscription fee on behalf of the Power User, the transaction is solely between the Subscribed User and the Power User. Runway does not screen, approve, control, endorse or recommend, and is not responsible or liable in any manner for, any Subscriptions or the strategies provided therein.
4.2. If you are Power User who uploaded strategy/ies to the Market Place, you warrant and undertake that (i) you uploaded your strategy/ies in compliance with all applicable laws and in good faith and have no undisclosed interest in such strategy (ii) in relation to such strategy and uploading you have not and shall not infringe or violate the rights of any other party or violate any applicable laws, contribute to or encourage such infringement and violation; (ii) you have obtained all necessary rights and licenses for uploading material and strategy/ies to the Market Place; (iii) You shall provide accurate and complete information in connection with your uploaded material and strategies to the Market Place and (iv) You grant Runway an irrevocable, worldwide, royalty-free (excluding the deducted fees as detailed in section 6.1.3 below), nonexclusive license, with the right to sublicense, to use, have used and modify, such materials as part of the Tool, without any compensation or obligation to you. Runway reserves the right to not post or publish any materials, including strategies and to remove or edit any material, including strategies at any time in its sole discretion without notice or liability.
4.3. Runway has the right, but not the obligation, to monitor any materials, including strategies uploaded by Power Users or otherwise available on the Site and/or Tool, to investigate any reported or apparent violation of these Terms and any applicable law, and to take any action that Runway in its sole discretion deems appropriate, including, without limitation, removal of any uploaded strategies, or modifications thereto, or warnings in respect therewith or termination of this Agreement and closure of your Account hereunder.
5. Risk; Disclaimer.
5.1. As a condition to these Terms and your use of the Tool, You understand and acknowledge that there is a very high degree of risk involved in trading securities and although Runway does every effort to ensure accuracy of the Tool's data, all the Tool's simulated results of strategies, including Power User's Uploaded strategies in the Market Place, may be faulty or not accurate. In addition, back testing and past results of any portfolio and/or strategies (including Power User's strategies) and/or universe may not be indicative of future returns. Trades based on such simulation, back test and/or other signal generated from the Tool may lead to losses of a portion or all of your investment. All data and information on the Site and furnished through the Tool is provided for the sole purpose of assisting Users to make independent decisions.
5.2. Runway is and shall not be liable for any losses, expenses or damages that may arise directly or indirectly (i) from the information, data and/or notes and signals in and/or received from the Site, Market Place and the Tool and/or (ii) from User's inability to access the Site, Market Place and/or the Tool, and/or (iii) from any delay in or failure of the transmission or the receipt of any note, signal and/or other information and/or data in and/or sent from the Site, Market Place and the Tool.
5.3. Although The Site and The Tool allow Power Users to upload their strategies to the Market Place for the use of other Users. Power Users who upload their strategies to the Site and Subscribed Users are doing so at their sole risk and freewill. Runway assumes no liability regarding such strategies and the notes and signals the Tool will send in relation thereto. For the avoidance of doubt, it is clarified that any consultancy and or brokerage services are prohibited in the Site and/or the Tool. Hence, Power User's shall not give and Subscribed Users shall refuse to receive, any consultancy and or brokerage services. Without derogating from the above, Power Users undertake to upload to the Market Place strategies, which are not indicating or implying suitability for any specific User or group of Users, excluding such Power User himself and undertake not to engage directly with any person (whether User or not) with relation to their uploaded strategy/ies in the Market Place or any other strategy.
5.4. You are solely responsible for any investment made by you, irrespectively to whether or not made in relation to any use of the Site and the Tool. You shall invest only according to your personal investment objectives, financial circumstances and risk tolerance.
6. Fees; Payment; Renewal.
6.1.1. Registered regular Users fees and subscription Period: US $29.99 per month, (excluding VAT, where applicable) and as may be changed by Runway from time to time.
6.1.2. Power User fees and subscription period: US $49.99 per month (excluding VAT, where applicable), and as may be changed by Runway from time to time.
6.1.3. Subscribed User's fees. A Power User who uploaded strategy to the Market Place shall indicate the monthly fee he wishes to collect from the Registered User. Runway will collect such Subscribed User's fees and will deduct 30% percent (as such percentage may be changed by Runway from time to time) of such Subscribed User's fees in consideration for the Market Place services provided by Runway to the Power User.
6.2. Payment. You agree to pay to Runway all fees for subscriptions and/or services purchased on or through the Site and the Tool under your Account at the then-current rates for such subscriptions and/or services (including any applicable taxes). Runway will bill charges through the payment method specified in your account (e.g. credit card or PayPal account). Subscription fees will be billed at the beginning of your subscription or any renewal. Unless stated by Runway in writing otherwise, all fees and charges are nonrefundable. Runway may add new fees or charges, at any time. For any change in fees or charges for renewal of a subscription and/or service purchased under your Account, Runway will send you a notice of such change in advance of renewal (via a message on or through the Site or the Tool or email). To avoid doubt, payments shall only be made in US Dollars. Any conversion fees, if any, shall be solely borne by you.
6.3. Renewal. Each of your subscriptions and/or services will automatically renew unless Runway terminates such subscription or service or you cancel such subscription or service by removing it from your account. You must cancel a subscription service prior to renewal to avoid incurring fees for the renewal term. To avoid doubt, you will not be able to terminate your current subscription prior to the termination of the relevant subscription period as detailed in section 6.1above.
7. Use of the Tool.
7.1. Runway grants you with the right to use, access, display and run the Tool on any computer or mobile device (if supported), where applicable, under your account, for personal, non commercial use, unless and to the extent you and Runway have agreed otherwise in writing, and provided that you comply with all terms and conditions of these Terms.
7.2. You may not rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense or exploit the Site, Market Place and the Tool, including the Site and the Tool's text, graphics, video, audio, codes, user interface design or logs. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Tool, any updates, or any part thereof including but not limited to the Tool text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is a violation of the rights of Runway. The provisions of these Terms will govern any upgrades provided by Runway that replace and/or supplement the original Tool, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Tool is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is your responsibility to ascertain the terms of these Terms and comply with any local law or regulation to which you are subject. You shall not use or permit anyone to use the Site and the Tool for any unlawful or unauthorized purpose. The information provided to you in the Tool is the exclusive proprietary content of Runway and where applicable, its Power Users, vendors, licensors and the affiliates thereof. Nothing in these Terms shall provide you with any proprietary or other rights in neither the Site nor the Tool nor any information provided to you through the Site and the Tool.
7.3. Use of the Tool requires compatible devices, internet access (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that these requirements, which may change from time to time, are your responsibility.
9. Additional Terms.
When using the Site and the Tool, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time at the Site and the Tool (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
10. Modification of the Terms.
10.1. Runway reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Tool after the posting of changes constitutes your binding acceptance of such changes.
10.2. In case of dispute between User and Runway, regarding these Terms and/or the use of the Site, the Market Place and/or the Tool, the existing Terms at the time such dispute occurred shall govern.
11. Prohibited Uses.
11.1. Access to the Site and use of the Tool from territories where its contents are illegal is strictly prohibited. Those who choose to access the Site and use the Tool do so at their own initiative and are responsible for compliance with all local rules including without limitation rules about investment consulting, internet, data, email, or privacy.
11.2. As a condition of your use of the Tool, you will not use the Tool for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Tool in any manner that, in Runway sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Tool and Site. You may not attempt to gain unauthorized access to the Tool, or any part of the Tool and Site, other accounts, computer systems or networks connected to the Tool, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Tool or any activities conducted on or through the Tool. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and Tool. You agree neither to modify or attempt to modify the Tool in any manner or form, nor to use modified versions of the Tool, including (without limitation) for obtaining unauthorized access to the Tool.
11.3. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or the Tool for any purpose without Runway express written permission or bypass Site's robot exclusion headers or other measures Runway use to prevent or restrict access to the Site and/or the Tool.
11.4. By using the Tool you undertake not to:
11.4.1. Distribute copyrighted material that is not your own or that you do not have the legal right to distribute and otherwise make available to others;
11.4.2. Harass, threaten, or defraud any other Users;
11.4.3. Send to other Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
11.4.4. Make unsolicited offers, advertisements, proposals, or send junk mail to other Users;
11.4.5. Impersonate another person or access another User's Account without that person's permission;
11.4.6. Share Site's and/or Tool's passwords with any third party or encourage any other User to do so;
11.4.7. Misrepresent the source, identity, or content of information transmitted via the Site and/or the Service;
11.4.8. Use the Site and/or the Tool for any illegal purpose or in any illegal manner; or
11.4.9. Upload any executable code, scripts or other data which alters the function, display or content of computer Tools or data of the Tool, Runway, its licensors or other Users.
12. Repeat Infringer Policy.
Runway has adopted a policy of terminating, in appropriate circumstances and at Runway's sole discretion, the access of Users, who are deemed to be repeated infringers. Runway may also, at its sole discretion, limit the access to the Site and/or terminate the access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13.1. By Runway. You agree that Runway, in its sole discretion and for any or no reason, may terminate the agreement with you pursuant to these Terms, and close any Account (or any part thereof) you may have with Runway or your use of the Site, Market Place and/or Tool and remove and discard all or any part of your account or any content, including strategies uploaded by you, at any time. Runway may also in its sole discretion and at any time discontinue providing access to the Site, Market Place and/or the Tool, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to the Site, Market Place and/or the Tool or any Account you may have or portion thereof may be effected without prior notice, and you agree that Runway will not be liable to you or any third party for any such termination except as described in these Terms. Runway does not permit copyright infringing activities on or through the Site, Market Place and/or the Tool or otherwise and reserves the right to terminate access to the Site, Market Place and/or the Tool and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site, Market Place and/or the Tool may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Runway may have at law or in equity.
13.2. By You. You may terminate your account, the agreement with Runway pursuant to these Terms and your right to use the Site, Market Place and/or the Tool at any time and for any reason or no reason, by not renewing your subscription to the Site as described in Section 6.1 and above 6.3 or by contacting Runway user support at firstname.lastname@example.org . If you terminate such Agreement or your Account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Site, Market Place and/or the Tool incurred before termination.
13.3. Survival. Sections 2 through 5, 7, 11, 14 through 21, will survive any termination of these Terms.
The Site and the Tool are owned and operated by Runway. The visual interfaces, graphics, design, compilation, Tools, methods, information, computer code, products, software, services, and all other elements of the Site, Market Place and/or the Tool provided by Runway ("Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names are proprietary to Runway and/or third party licensors. Except as expressly authorized by Runway, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
15. Third-Party Sites, Strategies, Products and Services; Links; Advertisements.
15.1. Runway may provide, or may provide access or links to, third party information, content, products, services, strategies, Subscriptions, or other materials on or through the Site, Market Place and/or the Tool (collectively the "Third Party Materials") as a service to those interested in such Third Party Materials. Runway does not screen, approve, monitor or have any control over any Third Party Materials or any use made by third parties with them, and is not, and shall not be, responsible or liable for such Third Party Materials or use in any manner or for any harm caused thereby. Users will be solely responsible for any harm, including any damage to his computer Tool or loss of data, which results from the use or download of any Third Party Materials. ALL THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS-IS" BASIS WITH ALL FAULTS. Runway does not endorse or adopt any Third Party Materials and can make no guarantee as to the quality, accuracy, completeness, reliability, safety, timeliness or appropriateness of such Third Party Materials. Runway does not make any representations or warranties of any kind regarding the Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Users use such Third Party Materials at their own risk.
15.2. Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Runway will not be responsible for any error or inaccuracy in advertising materials.
15.3. The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Runway of the content provided at such third party websites. Runway is not, and shall not be, responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.
Except as explicitly stated otherwise, legal notices will be served, with respect to Runway and, with respect to User, to the email address provided by User to Runway during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Runway may give User legal notice by mail to the address provided during the registration process, if any. In such case, notice will be deemed given three days after the date of mailing. Notices to Runway shall be sent only by registered and pre-paid mail to its post office address, as set forth in the Site.
17. No Warranties.
RUNWAY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, THE MARKET PLACE AND THE TOOL, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE TOOL IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND RUNWAY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. RUNWAY DOES NOT WARRANT THAT THE TOOL WILL MEET YOUR NEEDS, OR THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. RUNWAY ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE TOOL WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL RELATED TO THE SITE AND THE TOOL WILL MEET YOUR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RUNWAY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. RUNWAY AND ITS THIRD PARTY CONTENT PROVIDERS, THIRD PARTY LICENSORS AND ANY AFFILIATES THEREOF DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF ANY AND ALL INFORMATION PROVIDED VIA THE SITE AND THE TOOL.
18. Indemnification; Hold Harmless.
You agree to indemnify and hold harmless Runway and its representatives from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Site, the Market Place and /or the Tool, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Runway reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Runway and its representatives, and you agree to cooperate with such defense of these claims and reimburse Runway for all costs and expenses incurred by it in connection therewith.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
20. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL RUNWAY, OR RUNWAY'S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES, INCONVENIENCE OR DELAY ("DAMAGES") ARISING FROM OR RELATED TO THE USE OF THE SITE, MARKET PLACE OR THE TOOL, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE TOOL, OR ANY OTHER INTERACTIONS WITH RUNWAY, EVEN IF RUNWAY OR A RUNWAY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RUNWAY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. Dispute Resolution.
21.1. General. Generally, if a dispute arises between you and Runway, Runway's goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Runway agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or Use of the Site and the Tool (a "Claim") in accordance with one of the subsections below or as you and Runway otherwise agree in writing. Before resorting to these alternatives, Runway strongly encourage you to first contact Runway directly to seek a resolution. Runway will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
21.2. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Runway must be resolved by a court located in New York, NY, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, NY for the purpose of litigating all such claims or disputes.
21.3. Arbitration Option. At Runway's option, for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, Runway may request that the party requesting relief shall resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event Runway elects such arbitration, the claiming party shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
22.1. Severability. If any provision of these Terms shall be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
22.2. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Runway without restriction.
22.3. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
22.5. Governing Language. Any translation of these Terms is done for local requirements or for your convenience. In the event of a discrepancy between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.
22.6. Claims. YOU AND RUNWAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, MARKET PLACE AND/OR THE TOOL MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22.7. Enforcement. Runway reserves the right (but is not obliged) to take any and all steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Runway has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Runway believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Runway's right to cooperate with any legal process relating to your use of the Site and/or Tool, and/or a third-party claim that your use of the Site and/or Tool is unlawful and/or infringes such third party's rights).
IMPORTANT INFORMATION: StrategySeeker web site is hosted and operated by Runway Ltd. a company which owns all technology and other intellectual property used in StrategySeeker Site. ■ StrategySeeker's Motto is: "Long term best results can be achieved only by constant optimization, risk management and through decisions based on strategy statistics and results and not and not emotions" ■ You understand and acknowledge that there is a very high degree of risk involved in trading securities and although Runway does every effort to ensure accuracy of the Tool and services provided in the StrategySeeker web site, all the simulated results of strategies may be faulty or not accurate. ■ Back testing and past results of any portfolio and/or strategies (including Market Place's strategies) and/or universe may not be indicative of future returns and may be several losses due to trades based on such simulation, back test and/or other signal generated from the StrategySeeker site and its Tool. ■ Power Users who offer strategies in the Market Place or other trading tools on StrategySeeker Site are independent persons or companies that are in no manner affiliated with Runway Ltd. Runway Ltd. a does not endorse, recommend or approve any such Power User or any Power User's strategy. ■ Runway is not an investment adviser or broker-dealer or advising investment advisory service, nor an entity that recommends which securities Usres should buy or sell for themselves and no offer or solicitation to buy or sell securities, futures, foreign currencies or securities or other derivative products of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given or in any manner endorsed by Runway Ltd. and no specific trading recommendation or advice is or will be given to any individual by Runway Ltd. And/or through StrategySeeker site. ■ The rankings provided on this StrategySeeker Site are for informational purposes only and should not be construed as a recommendation of any particular strategy or Power User. A Strategy or Power User should not be selected solely because of ranking.