Terms of Service

Last Revised: August 1, 2014

Welcome to the Technical Securities Analysts Association - San Francisco, a 501(c)(6) non-profit organization ("TSAA-SF"). Our mission is to education securities analysts by providing materials and relevant products and services (the "Services") related to the field of the Technical Analysis of Securities while upholding the highest ethical standards.


Please read these Terms of Service ("Terms") carefully before accessing or using the Services. Accessing or using any part of the Services or clicking on an "I Agree" or "Sign Up" button that may be available to you means that you agree to be bound by these Terms without modification.


The services include the Official TSAA-SF Certified Exam™ ("Certification Exam"), which is provided to test and certify users in completion of their studies of the TSAA-SF Study Guide on Technical Analysis of Securities.


These Terms are a legal contract between you and TSAA-SF regarding your use of the Services. You may use the Services only if you can form a binding contract with TSAA-SF. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.


These Terms are subject to change. You are agreeing to be bound by such changes if you continue to use to the Services after these Terms change, so please check these Terms of Service for changes periodically.


Privacy

Your privacy is important to us. TSAA-SF's Privacy Policy explains how we treat your personal data and is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to TSAA-SF’s collection, use, and disclosure of your personal information.


Restrictions on Use of the Services

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TSAA-SF’s computer systems, or the technical delivery systems of TSAA-SF’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by TSAA-SF (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TSAA-SF (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of TSAA-SF is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, bullying or harassing, sending a virus, overloading, flooding, spamming, mail-bombing the Services.


TSAA-SF Intellectual Property Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of TSAA-SF and its licensors. The Services are protected by copyright, trademark, trade dress, patent and other laws of the United States. Nothing in the Terms gives you a right to use the TSAA-SF name or any of the TSAA-SF trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TSAA-SF, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.


Copyright Policy

TSAA-SF respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.


Digital Millennium Copyright Act

It is TSAA-SF's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.


Minors Under Age 13

The Services are not intended for a child under the age of 13.


Your License to Use the Services

The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Nothing in the Terms gives you a right to use the TSAA-SF name or any of the TSAA-SF trademarks, logos, domain names, and other distinctive brand features. Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and otherwise you may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission.


TSAA-SF does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Services.


Pledges, Donations and Certification Exam Fee Payments

  1. Pledges and Donations. If you make a pledge or donation on this website, You agree to pay all pledges and donations specified.
  2. Payment Methods. TSAA-SF will charge the Certification Exam fee, pledge or donation you authorized, if any, to the PayPal account or credit card you designate. You authorize the credit card or PayPal account you designate to pay any amounts described herein and authorize TSAA-SF, or any other company that acts as a billing agent for TSAA-SF, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such pledge or donation are paid in full.
  3. Credit Card Authorization. If you use a credit card to pay for any Certification Exam fee, pledge or donation, you will be asked to provide TSAA-SF with a credit card number from a card issuer that we accept. TSAA-SF may seek pre-authorization of your credit card account to verify the credit card is valid and/or has the necessary funds or credit available to cover your Certification Exam fee, pledge or donation. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.


Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of TSAA-SF and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "TSAA-SF Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.


  1. The Services are Available “AS-IS”. YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE TSAA-SF ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE TSAA-SF ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE TSAA-SF ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  2. Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that the TSAA-SF Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) the protection of the privacy of personal information. Links to such websites or resources do not imply any endorsement by the TSAA-SF Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
  3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TSAA-SF ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TSAA-SF ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TSAA-SF, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TSAA-SF ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

General Terms

  1. Waiver and Severability. The failure of TSAA-SF to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
  2. Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
  3. Entire Agreement. These Terms are the entire and exclusive agreement between TSAA-SF and you regarding the Services (excluding any services for which you have a separate agreement with TSAA-SF that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TSAA-SF and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.
  4. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TSAA-SF without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

We may revise these Terms from time to time, the most current version will always be at TSAA-SF website. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.


If you have any questions about these Terms, please contact us.

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