Terms & Conditions
The NEW U offers this website, including the information contained within the website and programs made available through the website, according to the terms and conditions below. By viewing any part of this website, you accept these terms and conditions in full. If you disagree with these terms and conditions in part or in whole, you must not use this website.
Your course subscription is on an auto-renew basis (every 30 days or every year per your initial registration), so once you sign up, you’ll have continuous access to your materials as long as your subscription is active.
Payment sent after receiving this agreement is the only way commitment can be made on behalf of the buyer. Payment is the buyer’s written consent to agree to these terms listed below. Buyer also agrees that checking terms and conditions box before payment will serve as commitment to these terms and conditions listed below.
The information and graphics being purchased is deemed confidential by the selling/disclosing party. Therefore, the buyer agrees to refrain in any way shape or form in the disclosing or sharing of any information, knowledge, strategy or anything similar to any outside party without express written consent by the disclosing party, Mortsgreb Industries, LLC. The information is deemed proprietary, and the property of Mortsgreb Industries, LLC and should be treated as such. Nothing in this agreement constitutes a partnership or ownership, but rather a licensing agreement to keep matters confidential while leasing the technology sold by the disclosing/selling party. Payment sent to the disclosing party is the buyer’s agreement to this term and condition.
All sales are final. All payments are final and products licensed “as is”. In addition to the second clause, this measure is taken to protect the selling/disclosing party as well as other purchasing parties. Payment received is the buyer’s agreement to this condition.
The seller reserves the right to terminate this agreement for any reason for the lifetime of the agreement. The seller also reserves the right to amend any terms and conditions without express written consent of the purchasing party. The seller will respond in a timely matter of any written requests inquiring if any updated information has been made to the agreement.
Mortsgreb Industries, LLC is in no way shape or form responsible for any guaranteed recovery success levels made by the leaser of any product herein. Mortsgreb Industries, LLC is not a therapeutic advisor and the buyer should consult his/her therapeutic advisor before making any decisions. Please see website disclosures at the bottom of every page in order to see full list of disclosures regarding products/services offered. All examples and results are the direct results of individual performance and Mortsgreb Industries, LLC cannot determine predict or guarantee any individual results. The decision to use is a decision made by the responsible purchasing party – who will take full liability for any subsequent results or actions.
The selling party has a very strict privacy policy. We will not disclose to any other party not affiliated with Mortsgreb Industries, LLC who or when purchase was made or who the purchaser was. If needed Mortsgreb Industries, LLC would request approval in express written consent requiring a purchasing party response prior to disseminating any information deemed “private”.
All products are licensed for education, but if the Buyer chooses to implement any strategies, tools, or ideas, then the Buyer assumes full responsibility to the decisions made.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website, including any materials or services delivered to you through the website, are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
There is no guarantee, representation, or warranty that your use of our website will be uninterrupted, timely, secure, or error-free. Mortsgreb Industries, LLC does not warrant that the results that may be obtained from the use of the website or materials contained herein will be accurate or reliable. You acknowledge that from time to time we may remove the website or the materials contained herein for indefinite periods of time or cancel your access to the website at any time without notice to you.
Mortsgreb Industries, LLC respects the intellectual property rights of others and expects users of this website and expects material consumers of our material to do the same.
Any advice given by Mortsgreb Industries, LLC (or any affiliated party or ‘dba’) is meant to be impersonal and is not tailored to any individual.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any other websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or other websites.
To protect your personal information, Mortsgreb Industries, LLC will take reasonable precautions and follow industry best practices that your personal information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Changes to the Program Privacy Policy will be posted on the website. Such changes will be effective when posted to the website, so please check this page periodically. Your continued use of the website and/or affiliated forums, constitutes your acceptance of any changes to the Privacy Policy.
If you need assistance with these Terms and Conditions or the service, you can call our customer service number at 1-412-453-6540 or email Mortsgreb Industries, LLC at [email protected] or [email protected]
A Course is an organized collection of lessons delivered by streaming video. When you subscribe to a Course, you will have immediate access to all of the lessons presently available in that Course. Those lessons will remain part of the Course’s lesson library, so you are be able to access them as long as your subscription is active.
Use of Website and Course Materials
The Program owns the intellectual property rights in the website, including the material on the website and in the course. All of the Program’s intellectual property rights are expressly reserved except as specifically provided herein.
You may view, download for caching purposes only, and print pages from the website for your own personal educational use, subject to the restrictions set out in these terms and conditions.
Without express written permission from the Program, you may not:
- republish or redistribute any material from the website;
- sell, rent or sub-license any material from or access to the website;
- reproduce, duplicate, copy or otherwise use material on this website for any purpose; or
- edit or otherwise modify any material on the website.
We have worked hard to provide fresh, original content for our students, and we expect our students to respect these efforts. No content from the website or course (including photographs) may be shared or sold without our consent.
We believe that we are providing you with a solid education, and you will have a firm grasp on botanical drawing. You will have your own original drawings to share with the world, and there will be no need to copy our work!
Uploading content to the drawbotanical.com site
You keep the copyright in any content you submit or upload to the website. In order to receive the Program services, you grant the Program a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement. Any content that you upload into the Media section of your account or a Group is described as your “art.” Your art may be viewed by all users of the website once you elect to publish it.
When you submit or upload content on the website you represent and warrant that:
- you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
- the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
- your use of the website will comply with all applicable law, rules and regulations;
- the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
- the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information
Enrollment is ongoing, and you can sign up any time. You can begin the course anytime – and the downloadable printed lessons are yours for life! However, you have full access to all the videos as long as your subscription is active.
END-USER LICENSE AGREEMENT FOR The NEW U IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Mortsgreb Industries End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Mortsgreb Industries for The NEW U software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation. By installing, copying, or otherwise using The NEW U, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Mortsgreb Industries (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use The NEW U.
The SOFTWARE PRODUCT - The NEW U - is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The NEW U is licensed, not sold. There are no refunds or returns of said license.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT - The NEW U - is licensed as follows:
(a) Use.
A license should be used by only one person. You may not install and use The NEW U on several PCs.
(b) Use of Third Party Components
Third parties may develop downloaders, indicators, strategies that can be used by the Software. The installation of these third-party components or "Trading Items" are at your sole risk. You hereby agree that Company makes absolutely no guarantees regarding compatibility and is not responsible for the function of Plugins/Components individually or with respect to the Software. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO COMPONENTS OR TRADING ITEMS.
Mortsgreb Industries LLC is NOT a data vendor. Quotes/Data retrieved by users are not filtered and cleaned by The NEW U.
The NEW U makes NO REPRESENTATIONS on accuracy of quotes retrieved and provides no warranty on availability of quotes/data.
By downloading quotes/data from vendors/sites you agree to the terms and conditions of respective web sites/data vendors. Most vendors provide the data for "personal informational purposes only". You must consult individual data vendor web sites for detailed terms of service.
Mortsgreb Industries LLC will not be liable for any loss caused by The NEW U (Example: inability to obtain data or quotes)
(c) Accessibility
You agree that sometimes the service may be inaccessible for any reason.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of The NEW U.
(b) Distribution.
You may not distribute registered copies of The NEW U to third parties. Evaluation versions should be downloaded from The NEW U.com only.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble The NEW U, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend The NEW U.
(e) Support Services.
Mortsgreb Industries may provide you with support services related to The NEW U ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of The NEW U and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of The NEW U.
3. TERMINATION
Without prejudice to any other rights, Mortsgreb Industries may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of The NEW U in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to The NEW U and any copies thereof are owned by Mortsgreb Industries or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of The NEW U is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Mortsgreb Industries.
5. NO WARRANTIES
Mortsgreb Industries expressly disclaims any warranty for The NEW U. The software product - The NEW U - is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Mortsgreb Industries does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within The NEW U. Mortsgreb Industries makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Mortsgreb Industries further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Mortsgreb Industries be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use The NEW U, even if Mortsgreb Industries has been advised of the possibility of such damages. In no event will Mortsgreb Industries be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Mortsgreb Industries shall have no liability with respect to the content of The NEW U or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. SEVERABILITY
If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
8. WAIVER
Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Mortsgreb Industries LLC.
9. ENTIRE UNDERSTANDING; ASSIGNMENT
This Agreement contains the entire understanding between you and Mortsgreb Industries LLC concerning the subject matter of this Agreement. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of Mortsgreb Industries LLC
10. CHOICE OF LAW
This Agreement shall be deemed to have been made in the State of Florida and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Florida
11. ADDITIONAL IMPORTANT INFORMATION AND DISCLAIMERS
U.S. Government Required Disclaimer - Commodity Futures, Trading Commission Futures, Derivatives and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT 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 ALSO 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
USING THE SOFTWARE TO AFFECT TRADING DECISIONS
All software, including the Software, contains errors, inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify the results prior to making any trade or investment. AS BETWEEN Mortsgreb Industries LLC AND YOU, SOLELY YOU FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE SOFTWARE AND/OR THE DATA REQUIRED BY THE SOFTWARE MAY RESULT IN YOUR REACHING CONCLUSIONS THAT YOU MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT. YOU AGREE THAT Mortsgreb Industries LLC HAS NO LIABILITY FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES, INCLUDING THE LOSS OF INVESTMENT OR TRADING FUNDS.
The use of trading systems or strategies developed using the Software does not and cannot guarantee that you will make profits, increase profits or minimize losses. Any trading systems developed or included in the Software are intended merely as examples and none is recommended. Note that results based upon hypothetical or historically-tested trading systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can completely account for the level of risk present in actual trading. There is no guarantee that any hypothetical or simulated trading results will produce comparable actual trading results. On the contrary, there are many known and unknown factors which may contribute to wide deviations between hypothetical and actual trading results, such as market liquidity and human emotions.
Trading involves substantial risks, including possible loss of principal and other losses. The Software is designed to provide a training tool for trading system development. It is licensed to you with the understanding that Mortsgreb Industries LLC is not engaged in rendering any investment or other professional advice. If investment or other professional advice is required, the services of a licensed professional should be consulted. No Mortsgreb Industries LLC employee, agent or representative is authorized to provide any such advice, and any such advice, if given, is in violation of Mortsgreb Industries LLC policy.
The Software and its documentation contain registered or unregistered trademarks of Mortsgreb Industries LLC and trade names of other companies. In certain cases, registrations thereof are pending.
Copyright �2017 Mortsgreb industries LLC All rights reserved.