ParamountSTOCKS Terms of Use and Risk Disclosure
Please read these Terms carefully. They include a risk disclosure, the rules for using market data, rules against copying the Platform, a disclaimer, a limitation of our liability and a reference to our Privacy Policy. To use the ParamountSTOCKS apps you must accept them by ticking each box, typing your full name as your electronic signature and clicking “I agree”.
1. Who we are and what these Terms cover
The ParamountSTOCKS website and apps are operated by ParamountSTOCKS Inc., Ottawa, Ontario, Canada (“ParamountSTOCKS”, “we”, “us” or “our”). These Terms of Use and Risk Disclosure (the “Terms”) are a binding agreement between you and us. They govern your use of the ParamountSTOCKS website (paramountstocks.com), the members' apps (currently the Practice Portfolio, Live Chart, Technical Monitoring, Option Market Scanner, News Analysis / Calendar, Forex & Bonds, SEC Quarterly Trends, Stochastic Strategy, Pattern Engine and the mobile app) and all related content, data, software and services (together, the “Platform”). If you do not agree to these Terms, do not use the Platform.
Our Privacy Policy, published at the Privacy page of the apps and on our website, explains how we handle personal information and forms part of these Terms. Any additional terms that a market-data provider requires (section 7) also form part of these Terms once we show them to you.
2. Eligibility
You may use the Platform only if you: (a) are at least 18 years old and have reached the age of majority where you live; (b) can form a binding contract; (c) are not barred from using it by the laws that apply to you; and (d) register one account, for yourself only, with accurate information. The Platform is not offered anywhere it would be unlawful, and you are responsible for complying with the laws of the place where you use it.
The Platform is designed for personal, non-professional use. Tell us through the Contact page, before you use the Platform and whenever it changes, if you use it for a business or on behalf of anyone else, or if you are registered or licensed with a securities regulator or an exchange, or work for a firm that is. Market-data providers and exchanges treat such “professional” use differently from personal use, and we may have to limit, charge for or refuse it.
3. Your account and approval
You register through the member sign-up on our website, which is provided by Wix. Every account is reviewed and must be approved by us before it can open the apps; we may refuse, suspend or close any account at our discretion. Keep your sign-in details confidential and do not share your account. You are responsible for everything done through your account, and you must keep the information on it accurate. Tell us promptly through the Contact page if you believe your account has been used without your permission. We may use the e-mail address on your account to contact you about the Platform.
4. What the Platform is, and what it is not
The Platform provides charts, technical indicators, scanners, signals and scores, chart-pattern detection, backtests, summaries of company filings and similar tools for analysing publicly traded securities. It does not connect to any brokerage account, cannot place real orders, and does not hold or manage money or securities.
The Practice Portfolio is a trading simulator. It lets you place practice orders with virtual money at prices taken from third-party market data. Practice accounts, balances, positions and results are not real: they have no monetary value, cannot be deposited to, withdrawn, transferred or exchanged for anything, and no practice order is ever sent to a broker or an exchange. Practice orders fill under simplified rules (for example at delayed or last-reported prices, without commissions, fees, taxes, slippage or limits on the number of shares available), so practice fills and results can differ from what would happen in a real market. We may change or discontinue the Practice Portfolio and may reset practice accounts.
The Platform is currently offered as a free beta. Features, limits (for example, the number of tickers per scan) and availability may change, and the beta may end at any time, with or without notice. Parts of the Platform may be marked as beta, experimental or preview: they are offered for testing, may not work as described and may be withdrawn.
5. No investment advice
Everything on the Platform, including any signal, score, “bullish”, “bearish” or “neutral” label, alert, pattern, level, target, backtest result, ranking or comment, is general information for education and research only. A signal describes a technical condition of the indicators on past prices, with the rule that produced it; it is not investment, financial, legal, tax or accounting advice, it is not tailored to your circumstances, and it is not a recommendation or solicitation to buy, sell or hold any security or other financial product. We do not know your financial situation, and nothing on the Platform is selected for you.
Neither ParamountSTOCKS nor its operator is registered with any securities regulator (such as the Ontario Securities Commission, the Canadian Investment Regulatory Organization, the U.S. Securities and Exchange Commission or FINRA) as a dealer, adviser or portfolio manager, and no advisory, fiduciary or brokerage relationship is created between you and us. You alone are responsible for your investment decisions and their results. Consider consulting a registered financial adviser before you invest.
6. Risk disclosure
Trading and investing in stocks, exchange-traded funds, options, futures, currencies, cryptocurrencies and other instruments involve a high degree of risk. You can lose some or all of the money you invest, and with leveraged products and options you can lose more than you invest.
Technical indicators, signals and chart patterns are often wrong and can give conflicting or false readings. Backtests and other hypothetical results are prepared with the benefit of hindsight, do not reflect actual trading, commissions, slippage, taxes, liquidity or market impact, and have inherent limitations. Past performance, actual or hypothetical, does not guarantee future results. Do not invest money you cannot afford to lose.
Results in the Practice Portfolio are simulated. Practice trading involves no real money and no real fills, and it cannot reflect the effect of fear and greed, liquidity, market impact, fees or taxes. Gains in a practice account do not mean that you will make money trading with real money.
7. Market data and third-party content
Prices, volumes, fundamentals, news, economic calendars, exchange rates and company filings on the Platform come from third-party sources (the “Data Providers”), including the exchanges and markets whose data they carry and the U.S. Securities and Exchange Commission's EDGAR system. Market data may be delayed (typically by fifteen minutes or more, or until the end of the trading day), may come from some trading venues and not others, and may be adjusted, incomplete, inaccurate or unavailable. We do not verify or guarantee it. Do not rely on the Platform for real-time prices or to time or execute trades.
The Data Providers and the exchanges own their data. It is licensed to us, not sold, and it is made available to you under these Terms only for your own personal, non-commercial analysis inside the Platform. You may not copy, store, publish, display to others, sell, redistribute or transmit it, feed it into any other system or service, or use it to create data, indicators or products for anyone else.
Neither we nor any Data Provider or exchange warrants the data or its sequence, accuracy, completeness, timeliness or fitness for any purpose, and none of them is liable for any loss or damage arising from it, including from errors, omissions, delays or interruptions in its transmission or from any use you make of it. The Data Providers and the exchanges may rely on this section and on sections 15 and 16 as if they were parties to these Terms, to the extent the law allows.
A Data Provider may require its own terms for its data, may require you to confirm whether you are a professional or a non-professional user, and may require us to suspend or end your access to its data. When a Data Provider requires it, we will show you its terms in the apps and you must accept them to keep receiving that data.
Company filings come from public sources; company names and logos belong to their owners. News headlines link to third-party websites that we do not control or endorse: their content, and their own terms and privacy practices, are theirs.
8. Accuracy, alerts and availability
We work to keep the Platform accurate and available, but calculations, indicators, scores, patterns, backtests and every other output can contain errors, change when their inputs change, and depend on data we do not control. Check anything you intend to rely on against an independent source.
Alerts are checked only while the relevant app is open in your browser and monitoring is running, at the interval the app uses, and they are shown inside the app: they are not sent by e-mail, text message or push notification. An alert may arrive late, fire on a false reading, be missed while data is delayed or unavailable, or not fire at all. Do not rely on alerts to time trades or to protect positions.
The evening watchlist e-mail is separate from alerts and is off unless you turn it on. Once a day after the U.S. market close, it sends the e-mail address on your account the technical reading of the tickers on the watchlists you choose, made from completed daily bars with the same rules as the Live Chart's Chart reading. Like every other output it describes past prices and is not a recommendation; it may arrive late or not at all, be held by spam filters, or reflect data that was delayed, incomplete or later corrected, and readings can change after it is sent. Its content is part of the Platform: section 7 applies to it, so keep it for your own use and do not forward or publish it. You can turn it off at any time in your e-mail settings or with the link in every e-mail.
We may pause market data, change data sources, take the Platform or any app offline for maintenance, and restrict use that affects other members (for example with limits on tickers per scan and requests per minute), at any time and without notice.
9. Your licence to use the Platform
While your account is approved and you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform, through a standard web browser on devices you control, for your own personal, non-commercial analysis. All rights not expressly granted to you are reserved by us and our licensors.
10. Our intellectual property, and your feedback
The Platform, including its software and source code, screen designs and layouts, indicators, scoring methods, strategies, algorithms, texts, graphics, logos and the name “ParamountSTOCKS”, is owned by us or our licensors and is protected by copyright, trade-mark, trade-secret and other laws. The analysis methods that run on our servers are confidential.
If you send us suggestions, ideas or other feedback about the Platform, we may use them freely and without any obligation or payment to you, and they are not confidential.
11. What you must not do
You must not, and must not help or allow anyone else to:
- (a) copy, reproduce, download, save, modify, translate or create derivative works of the Platform or any part of its code, design or content;
- (b) reverse engineer, decompile, disassemble, decode, de-obfuscate or otherwise try to discover or extract the source code, algorithms, formulas, strategies or scoring methods of the Platform;
- (c) remove, bypass or interfere with our copyright notices, sign-in, access controls, code protection, usage limits or any other security measure;
- (d) access or collect data from the Platform with robots, scrapers, scripts or other automated means, or at a volume that burdens it;
- (e) share your account or sign-in details, or let anyone else use the Platform through your account;
- (f) sell, rent, license, publish, broadcast, redistribute or commercially exploit the Platform, its data or its outputs (including signals, scores, alerts and screenshots of the members' area), or use them to provide services to others;
- (g) use the Platform to build, train, benchmark or improve a competing product or service, or any machine-learning model;
- (h) use the Platform unlawfully, including for market manipulation or in breach of securities laws;
- (i) impersonate anyone, or give false information about yourself, including about whether you use the Platform for a business or are registered or licensed with a securities regulator or an exchange; or
- (j) upload anything harmful, or try to damage, overload or gain unauthorized access to the Platform or its systems.
Any breach of this section ends your licence immediately. We may also take any legal action available to us, including seeking an injunction, damages and our legal costs.
12. Confidentiality
The members' area of the Platform and its outputs are made available to you in confidence. Do not disclose them to anyone except as these Terms allow.
13. Privacy and records
Our Privacy Policy explains what personal information we collect (your name, e-mail address and member ID from our member sign-up, with Wix handling your password, which we never receive; the watchlists, settings, practice orders, holdings and other items you save in the apps; and records of your sign-ins, app use and acceptance of these Terms, with the date and time, your IP address and your browser details), why we collect it, who we share it with, how long we keep it and how to ask to see, correct or delete it. By using the Platform you agree that we may handle your personal information as the Privacy Policy describes.
Records of your acceptance of these Terms and of account activity are kept as evidence of our agreement and of how the Platform was used. You can ask to see or correct your personal information, or ask us to close your account, through the Contact page.
14. Suspension and termination
We may suspend or end your access to all or part of the Platform at any time and for any reason, including if we believe you have breached these Terms, and we may change, suspend or discontinue the Platform itself. You may stop using the Platform at any time and ask us to close your account. When your account is closed, the items you saved in the apps are deleted within a reasonable time, except the records we keep as evidence or as the law requires (see the Privacy Policy). Sections 5 to 8, 10 to 13 and 15 to 21 continue to apply after your access ends.
15. Disclaimer of warranties
To the fullest extent permitted by law, the Platform and all data and outputs are provided “as is” and “as available”, without warranties or conditions of any kind, express or implied, including merchantable quality, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement, and uninterrupted, secure or error-free operation. We do not warrant that any signal, strategy or method will be profitable or will behave in the future as it did in the past, that the Platform will work with your device or browser, or that defects will be corrected.
16. Limitation of liability
To the fullest extent permitted by law, neither we nor our operator, owners, directors, employees, contractors, licensors or Data Providers will be liable for any trading or investment losses, lost profits or opportunities, loss of data, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or related to the Platform or these Terms, however caused and whether in contract, tort (including negligence), under statute or otherwise, even if we were told they were possible.
Our total liability for all claims arising out of or related to the Platform or these Terms is limited to the greater of the amount you paid us for the Platform in the 12 months before the claim (nothing, during the free beta) and one hundred Canadian dollars (CAD $100). Some jurisdictions do not allow certain exclusions or limitations of liability; there, they apply only as far as the law allows, and nothing in these Terms excludes liability that cannot legally be excluded.
17. Indemnity
You will defend, indemnify and hold harmless ParamountSTOCKS, its operator and their owners, directors, employees and contractors from any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your use of the Platform, your investment decisions, your breach of these Terms or your violation of any law or anyone else's rights.
18. Changes to these Terms
You sign these Terms once, when you join. We may change them, the Privacy Policy and any Data Provider terms from time to time; each version shows its number and effective date, and the current version is always available at the Terms and Privacy pages of the apps and on our website. We will tell you about a material change in the apps or by e-mail before it takes effect. By continuing to use the Platform after a change takes effect, you accept the changed Terms. If you do not accept a change, you must stop using the Platform. For a change important enough to need it, we may ask you to sign the Terms again before you continue.
19. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. If you have a complaint or a claim, please contact us through the Contact page first and give us thirty days to try to resolve it with you. You and we submit to the exclusive jurisdiction of the courts located in Ottawa, Ontario, for any dispute arising out of or related to the Platform or these Terms, except that we may seek an injunction or other urgent relief in any court that has jurisdiction. If you are a consumer, nothing in these Terms takes away rights that the consumer-protection laws where you live give you and that cannot be excluded by agreement.
20. General terms
Electronic signature and records. By ticking the boxes, typing your name and clicking “I agree”, you sign these Terms electronically. You agree that this electronic signature is as binding as a handwritten one, and that our electronic records of your acceptance (your name and signature, e-mail address, the version accepted, the date and time, and your IP address) are evidence of it.
Entire agreement and severability. These Terms, with the Privacy Policy and any Data Provider terms, are the entire agreement between you and us about the Platform. If any part of them is found unenforceable, that part applies as far as the law allows and the rest remains in effect. Our failure to enforce a right is not a waiver of it.
Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours to an affiliate or in connection with a reorganization, merger or sale of the business, and we will tell you if we do.
Independent parties. These Terms do not create a partnership, joint venture, employment, franchise or agency relationship between you and us.
Events beyond our control. We are not responsible for a delay or failure caused by events beyond our reasonable control, including failures of the internet, of our hosting or of a Data Provider, power or telecommunications outages, strikes, government action, epidemics or natural events.
Notices. We may notify you by e-mail to the address on your account or by a notice in the apps, and a notice is treated as received when it is sent or shown. You may notify us through the Contact page at paramountstocks.com/contact.
Interpretation. Headings are for convenience only, “including” means “including without limitation”, and no rule of interpretation against the drafter applies.
The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais.
21. Contact
Questions about these Terms: use the Contact page at paramountstocks.com/contact.