Terms and conditions
Thank you for using https://www.pastorecapital.trading/ (the “site”).The following Terms and Conditions, together with any documents incorporated by reference (this “TOU”) govern your use of the site and any other websites, digital products and services, features, contents, mobile application channels such “pAstore capital” found in Discord, Telegram, Twitter, TradingView, and other services offered by us from time to time that link or otherwise refer to this TOU, (collectively, the “SERVICES”), whether as a guest or a registered user.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to pAstore capital attention through reliable means that a registered user is a child under 18 years of age, pAstore capital will cancel that user’s account. To access the Site, Services or some of the resources therein, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is accurate, current, and complete. We reserve the right to monitor all activities on the Services, including any effort to establish accounts in violation of this TOU or sharing our content in violation of this TOU.
2. CHANGES TO THE TOU OR SERVICES
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Site, including eliminating or discontinuing any content or feature of the Site; or
Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
You agree to be bound by future revisions of this TOU. It is your responsibility to visit this Term of Use page, which is linked at the bottom of Site, periodically for the most current terms and conditions. We may impose limits on certain features and services or restrict your access to parts or all of a Service without notice or liability. We reserve the right to withdraw or amend the Services, any material we provide on the Services, in our sole discretion without notice. We are not liable if for any reason all or part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered and paid users.
pAstore capital may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
We may also revise and update this TOU from time to time in our sole discretion. All changes to the TOU are effective immediately when we post them, and apply to all access to and use of the Services thereafter. By continuing to use of any Service following the posting of a revised TOU, you acknowledge the changes and agree to accept the revised terms and conditions.
pAstore capital is an independent research provider. You understand that no content published on our Site or Services constitutes a recommendation that any particular transaction or investment strategy is suitable for any specific person. None of the authors, information providers, or their affiliates is advising personally concerning the nature, potential, value or suitability of any particular transaction, investment strategy, or other matter. To the extent any of the content published on the Site or through our Services may be deemed to be investment advice or recommendations for a financial transaction, such information is impersonal and not tailored to the investment needs of any specific person. pAstore capital is not a member of the NASD or SIPC and is not a registered securities broker or dealer. We strongly recommend that you perform your own independent research and/or speak with a qualified investment professional before making any financial decisions.
You understand that investing and trading in digital assets and foreign exchange is subject to a number of risks, and that discussions on our Site and through our Services will not contain a list or description of relevant risk factors. All content on the Site and Services is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent content.
No content published on this Site or Services is intended to provide tax, legal, insurance or investment advice, and nothing should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by pAstore capital or any third party. We make no implied or express guarantee to the accuracy or completeness of the content, opinions, or ideas expressed in our Site and Services. You alone are solely responsible for determining whether any investment, strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
5. PROPRIETARY RIGHTS AND COPYRIGHT PROTECTION
All of the information, content, and services transmitted through, or used in connection with the Site and Services, including, for example, messages on our Telegram channel, guides, news articles, opinions, reviews, text, photographs, images, illustrations, html, source and object code, software, Data (as defined below), etc. (collectively, the “Content”), as well as its trade dress, layout, presentation, selection and arrangement, is owned by pAstore capital. You may not use such material except as provided in this TOU.
You may use the Services, including any Content, online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share or otherwise use any portion of the Content without our prior written consent. For information on requests to use of the Content for any purpose other than as permitted in this paragraph, please contact us directly. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
You acknowledge that the Services contain data and other information including the written word, instruments, charts, graphs, algorithms, ratings, rankings, products, vehicles or devices, or gathered by pAstore capital from other sources (“Data”) that is highly proprietary in nature and that unauthorized copying, transfer or use may cause pAstore capital or its affiliates, agents, information providers, and licencors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by pAstore capital by means of equitable relief (including, but not limited to, injunction relief) in addition to any other available rights and remedies.
You may not frame or utilize framing techniques that involve any Content, trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Services without our express prior written consent. In addition, you agree not to de-compile, reverse engineer or disassemble any software or other products or processes accessible through the Services, not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, not to take any action that imposes an unreasonable or disproportionately large load on the our infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of the Services. Please also see Section 7 (“User Conduct”).
We may, at any time, change or discontinue any aspect or feature of a Service, including Content. We may update the Content but Content is not necessarily complete or up-to-date. Any of the material on the Services may be out-of date at any given time, and we are under no obligation to update such material.
This section shall survive any termination of the TOU.
6. USER CONDUCT
The Site and Services are intended for your personal, noncommercial use in accordance with these TOU. You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site or Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Illegal and/or unauthorized use, duplication, redistribution, or disclosure of the Site and Services is a violation of this TOU and we reserve the right to take legal action for any such violation to the full extent permitted by law.
By using our Site and Services, you agree not to:
Violate any Applicable Law;
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Copy any of the material on the Services or Sites or to use for any other unauthorized purpose without our prior written consent;
Share your account or access to Services without our prior written consent;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site and Services without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site and Services;
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; and
Transmit any Content, which contains software viruses, or other harmful computer code, files or programs.
In order to access some of the services of the Site and Services, you will have to create an account. By creating this account you agree to the following:
You may only maintain a single account;
You may never share your account user name or password or knowingly provide or authorize access to your account;
You may never use another user’s account without permission;
When creating your account, you must provide accurate and complete information;
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your account;
You will be liable for any use made of your account or password and the losses of pAstore capital or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
7. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THEM, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, pAstore capital, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE AND THROUGH OUR SERVICES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
PASTORE CAPITAL AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PASTORE CAPITAL OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
8. LIMITATION OF LIABILITY
NEITHER PASTORE CAPITAL NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH PASTORE CAPITAL. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PASTORE CAPITAL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify and hold pAstore capital, its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, agents, officers and employees and third-party information providers (the “Indemnified parties”) harmless from and against any and all Losses (as defined below) resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Services and Site (or the use of the Services by another Person using your password) or violation of this Agreement. “Losses” means any and penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors’ and attorneys’ and fees and disbursements (including in-house personnel).
You understand and agree that pAstore Capital may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site and Services including your subscription. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property. We also reserve the right to limit the availability of the Site and Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
11. TERMS FOR SUBSCRIPTIONS
By subscribing to our subscription services, you agree to pay the applicable subscription fees set forth on the Site. We reserve the right to revise subscription fees upon reasonable notice. We remind you that all the rules applicable to setting up an account under Section 6 above (“User Conduct”) apply to your Subscriptions. Unless we notify you in writing otherwise, you are not permitted to share Content available through your subscriptions. Unless stated otherwise in writing, subscription fees are nonrefundable. We reserve the right to cancel a subscription at any time. If we cancel a subscription due to a breach of these TOU you will not be eligible for any refund.
12.1. Entire Agreement/Amendments: This TOU constitutes the entire understanding between parties with respect to the subject of the TOU and it supersedes all prior or contemporaneous communications, agreements and understandings between us and you with respect to the subject matter hereof.
12.2. Choice of Law: The TOU shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in the City of Las Vegas, Nevada. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this TOU shall be admissible in judicial or administrative proceedings.
12.3. Waiver and Severability: The failure of pAstore Capital to exercise or enforce any right or provisions of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
12.4. Class Action Waiver: Both you and pAstore Capital waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Services or Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.