Protecting your privacy and the security of your information is a top priority at Pendulum.
The Pendulum website provides an order form for customers to receive services. We
may collect customer information such as name, address and email address to be used to identify the user and administer our services. The information on this form will remain completely confidential and will not be disclosed to any other person or entity.
We have taken careful measures to prevent the loss, misuse, and alteration of your information. All credit card transactions by our authorized agent are carried on a safe secure SSL server which uses state of the art encryption technology. Your information is only accessible by to those employees who need it in order to perform their jobs. Our authorized sales agent is the only company which has access to your credit card information.
Our authorized sales agent for the Pendulum website, which collects credit card and user information in order to administer our services, is entirely separate. We will never have access to our customers credit card number. This information will remain confidential with the authorized sales agent.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
TERMS OF SERVICE
Agreement: This website, known as"Market Pendulum" or "Pendulum", is owned and operated by MarketPendulum.com and is offered on your acceptance without modification of the terms conditions and notices herein. By accessing and using this website, you are deemed to have agreed to all such terms, conditions and notices.
This website is created solely for informational, educational and entertainment purposes and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. Pendulum is not an investment advisor. Pendulum accepts no liability whatsoever for any actions taken as a result of reading website information or from the dissemination of the information from this website.
The information contained in this website is obtained from sources believed to be reliable but is not guaranteed.
Readers or subscibers should not regard the Pendulum website and its contents as a substitute for the exercise of their own judgment and due diligence.
Any opinions expressed in this website are subject to change without notice and Pendulum is not under any obligation to update or keep current the information contained in the website.
Securities, options, derivative products and futures are not suitable for all investors, and trading in these instruments is considered risky. Past performance is not necessarily indicative of future results.
Pendulum, its directors, officers and employees may have or have had interests or long or short positions in, and may at any time make purchases and/or sales in the relevant securities or related financial instruments discussed in this website.
Link Disclaimer: This Site contains links to other Internet sites. Such links are provided for reference, information and education only and are independently owned or developed by parties other than Pendulum. Pendulum is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by Pendulum of the site. Use of any such linked site is at the user's own risk. Reference to any third party information, product, process or services at this website or any linked site is not an expressed or implied endorsement by MarketPendulum.com.
Disclaimer: Pendulum and its third party providers make no representations about suitability of the services or information provided on this website for any purpose. All such information or services are provided "as is" and without warranty of any kind, express or implied. Pendulum hereby disclaims all such warranties with regard to the infomation and services, including all implied warranties of merchantability or fitness for a any particular purpose. Pendulum does not warrant or guarantee that the information or services will be uninterrupted or error free. Pendulum does not warrant or guarantee that this website, or the server that makes it available, are error free, or free of viruses or other harmful components.
Limitation of Liability: Under no circumstances shall MarketPendulum.com, Pendulum, its officers, directors, employees, agents or third party providers be liable for any direct, indirect, punitive, special or consequential damages, (including without limitation, attorney's fees), whether in action of contract, negligence or other action, that result from the the use of, or inability to use, any or all materials available from this webite, including but not limited to content descriptions, tradeplan signals, links, emails and their contents, chart displays, even if we have been notified of such damages. If any dissatisfaction ocurrs with any part the website, its content or services or with any of the terms or conditions, your sole and exclusive remedy is discontinuing using the website. If MarketPendulum.com or its third party providers are found liable in connection with a claim arising out of or related to the services or information, their aggregate liability in such an event shall not exceed the amount paid by you for the use of the services during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may be entitiled from MarketPendulum.com or its third party providers. The foregoing notwithstanding, it is the responsibility of the user not to use the website in states/jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
Modification of these Terms and Conditions: MarketPendulum.com, reserves the right to change the Terms of Service agreement at any time by revising the terms and and conditions herein including fees and charges for use. It is the responsibility of the user to regularly review these terms and conditions or the website for any and all changes, modifications, additions or deletions. Continued use of the website constitutes your acceptance of any such changes.
General: This agreement is governed by the laws of the State of Colorado, USA. You consent to the exclusive jurisdiction and venue of the courts in Larimer County, Colorado, USA in all disputes arising out of or relating to the use of the MarketPendulum.com website. Use of the MarketPendulum.com website is unauthorized in any legal jurisdiction that does not give effect to to all provisions of these terms and conditions, including without limitation this paragraph.
Severability: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Limited License: Permission to use the Information available from Marketpendulum.com website is granted, for informational, educational, non-commercial or personal use only. No part of the Information available from this MarketPendulum website may be retransmitted to third parties, copied, photocopied, reproduced, republished, licensed, distributed, displayed, uploaded, posted, translated, altered, broadcast in any way, exploited, used to create derivative works, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of MarketPendulum.com.
While most trades have either been traded or recognized some are considered to be paper trades. As a result we are required to provide the following. "Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual preformance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similiar to those shown."
