Terms & Conditions
Subscribing to DynaLogic constitutes your agreement to these Terms and Conditions. Please Read.
Welcome to DynaLogic. DynaLogic ™ is a trade name owned by DynaLogic, a Virginia LLC and collectively referred to as “DynaLogic” in these Terms and Conditions. DynaLogic employs an automated patented trading platform that an individual investor (Subscriber) may use to protect and grow assets simply and logically. The rules-based strategy tracks the price of a security and generates buy signals when the price of a security is declining and reaches a pre-determined price and sends a sell signal when a security is trending higher and reaches a pre-determined price. DynaLogic removes emotion, guesswork, and the temptation to time market investment decisions. DynaLogic provides a disciplined rules-based strategy to market movements, volatile or otherwise, regardless of the perceived cause. It reacts to the fact of movement, nothing else. Paid Subscribers automatically receive the daily post with buy and sell signals that have reached predetermined prices. Subscribers can determine whether to execute in their own account a trade or trades to carry out the Subscriber’s’ investment strategy. DynaLogic makes no recommendation regarding the purchase or sale of any security and has no knowledge of a Subscribers security holdings, investment strategies, risk tolerance or suitability for investing.
DynaLogic-Signals Web Site. As between DynaLogic and Subscriber, DynaLogic is the sole and exclusive owner of its Website, all of its content, data, materials, graphics and code; its look, organization and design of its Website including any copyrights, trademarks rights, patent rights, trade secrets and all other intellectual property and proprietary rights therein. Subscriber’s use of the Website grants to Subscriber no ownership of any content, code or data or materials Subscriber may access on or through use of the Website.
Use of DynaLogic. Subscriber shall use DynaLogic’s buy and sell signals based solely on Subscriber’s independent determination of his/her risk tolerance, suitability, investment experience and knowledge of securities and financial markets. Subscriber acknowledges (i) that DynaLogic provides no investment advice or trading advice, (ii) that DynaLogic has no knowledge of any Subscriber identifiable information, portfolio composition or other investment information, and (iii) that DynaLogic has no knowledge of the investment profile or objective of any Subscriber. Subscriber represents that he/she has provided no financial or investment information of any kind to DynaLogic and that he/she will makes his/her own determination of the suitability of the DynaLogic buy/sell signals in connection with his/her investment decisions and strategies. Subscriber may discontinue its use of DynaLogic at any time in his/her sole discretion.
Subscription. Subscriber’s subscription to the DynaLogic signal technology constitutes Subscriber’s agreement to these Terms and Conditions and will always comply with them. Subscriber acknowledges that receipt of DynaLogic buy / sell signals is always contingent upon Subscriber keeping his/her subscription current and fully paid. DynaLogic reserves the right in its sole discretion to terminate Subscriber’s use of DynaLogic for nonpayment of the Subscription fee or for ant breach or violation of these Terms and Conditions and Subscriber’s representations and warranties set forth herein. DynaLogic, in its sole discretion, may increase the Subscription Fee at any time upon 30 days’ advance written notice to Subscriber to be effective 30 days from the date of notice. Subscriber may decline the increase and terminate his/her Subscription to DynaLogic as provided herein. There will be no fee increase for any paid subscriber who signs up to go paid if done before March 15, 2023.
Trade Signals. Subject to these Terms and Conditions DynaLogic shall provide Subscriber through Substack, confidential Trade Signals to be executed at Subscriber’s sole discretion. DynaLogic will make all reasonable efforts to keep its Trade Signal systems continuously operational. However, technical difficulties or maintenance may, from time to time, result in temporary interruptions or delays for which DynaLogic shall have no liability to Subscriber.
Confidential Trade Signals. Subscriber acknowledges that DynaLogic’s delivery to Subscriber of DynaLogic Trade Signals is strictly private and confidential and for Subscriber’s personal use only. Accordingly, Subscriber agrees, represents and warrants that it will not disclose, distribute, reproduce, transfer or otherwise disseminate DynaLogic’s Trade Signals to any other person in any form, written or oral, to any other person or entity for any purpose whatsoever, and will not use DynaLogic’s Trade Signals for any illegal purpose, Subscriber further agrees that DynaLogic shall have the right to conduct such reasonable investigations as may be necessary to confirm no unauthorized use or disclosure of DynaLogic’ Trade Signals or their content. Subscriber agrees to immediately notify DynaLogic of any known or suspected unauthorized disclosure, misuse or misappropriation of DynaLogic Trade Signals.
DynaLogic Not an Investment Advisor. Subscriber agrees and acknowledges that (i) DynaLogic provides no investment advice to Subscriber, has no knowledge of Subscriber’s portfolio account holdings or information, if any, investment objectives, risk tolerance, tax status or suitability for investing in any financial or securities product, and that Subscriber has provided no such information to DynaLogic.
If Subscriber is an Investment Advisor or Investment Advisor Representative (Advisor) it acknowledges and agrees that DynaLogic has no client relationship as a sub-advisor or otherwise with any of Advisor’s clients, (ii) has provided no investment or trading advice to Advisor, (iii) has not reviewed or seen any of Advisor’s client portfolio information, and (iv) has no knowledge of the investment profile or objectives of any of Advisor’s clients or customers. To the fullest extent permitted by applicable law, Advisor agrees to indemnify and hold harmless DynaLogic from and against all damages, losses and expenses of any kind (including attorneys’ fees and costs), arising out of (i) any activity in which Advisor uses for any purpose DynaLogic subscription services in connection with its advisory services for fees or otherwise (ii) Advisor’s violation of any applicable law, rule or regulation arising out of the use of DynaLogic’s subscription services.
Privacy. DynaLogic collects and retains no Subscriber information except name and email address (“collected information”), and agrees that it will not share, sell or otherwise make available “collected information” to any third parties, except for the sole purpose of providing signal delivery to the Subscriber.
Warranty Disclaimers and Limitation of Liability. Subscriber agrees that its access to and use of DynaLogic services, expressly including DynaLogic Buy and Sell signals, is on an “AS IS” “AS AVAILABLE” BASIS, and DynaLogic specifically disclaims any representations or warranties, expressed or implied, including, without limitation any warranty of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DynaLogic will not be liable to Subscriber or any other person as a result of Subscriber’s access to or use of DynaLogic services for direct or indirect, consequential, special, incidental, punitive or exemplary damages, including without limitation, lost profits or revenue (collectively excluded damages) whether based on negligence, tort, contract, strict liability, statute or rule, or any other theory of liability.
Dispute Resolution/Limitation of Remedies. DynaLogic and Subscriber agree that should any dispute arise between them they will first seek to resolve such dispute through mediation and, if unsuccessful, through arbitration. Each shall select an arbitrator and the two arbitrators shall select a third arbitrator, all of whom shall agree to serve in a neutral capacity. The arbitrators’ in the conduct of the arbitration, shall use for general guidance the then current American Arbitration Association Commercial Dispute Resolution Rules and fee schedule for arbitrators, but the arbitration shall not be treated as being conducted under the American Arbitration Association jurisdiction. DynaLogic and Subscriber shall agree on the place and time of the arbitration hearing and in the absence of agreement the Arbitrators shall determine such place and time. The arbitration shall be held on consecutive days not exceeding five (5) days. DynaLogic and Subscriber agree that in no event shall either be liable to the other for any consequential, punitive, exemplary or other indirect damages of any nature, for any reason, including without limitation, the breach of this Agreement or any expiration or termination of this Agreement, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise. In no event will either DynaLogic or Advisor (i) be liable for lost profits or lost business opportunities arising out of the termination of this Agreement, and (ii) in no event shall Subscriber be liable for damages or alleged damages hereunder, whether in contract, tort or any other legal theory, that exceed the amounts required to be paid by Subscriber for using DynaLogic or any provable damages for the unauthorized use or disclosure of DynaLogic Trade Signals.
Severability. If any provision or part of a provision of these Terms and Conditions is held unenforceable by a court or other decision-making authority of competent jurisdiction the remaining provisions of these Terms and Conditions shall be binding on DynaLogic and Subscriber to the extent permitted by law and necessary to carry out the intent of this agreement. Entire Agreement/Amendment. These Terms and Conditions constitutes the entire understanding and agreement between the DynaLogic and Subscriber with respect to the transactions contemplated and supersedes any and all prior or contemporaneous oral or written representation, understanding, agreements or communications between them concerning the subject matter hereof. No waiver of any provision of these Terms and Conditions or any rights or obligations of either DynaLogic or Subscriber hereunder shall be effective, except pursuant to a written acknowledgement signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such acknowledgement. DynaLogic may amend these Terms and Conditions in its sole discretion but shall notify Subscriber by email thirty (30) days in advance of the effective date of any amendment, including any change to the Subscriber’s subscription rate.
Force Majeure. Neither Subscriber nor DynaLogic shall be liable for any delay or interruption in performance as to any obligation hereunder which result from governmental emergency orders, judicial or governmental action, emergency regulations, sabotage, riots, vandalism, terrorism, labor strikes or disputes, acts of nature, fires, electrical failure, internet failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or delays or interruptions in performance beyond Advisor’s or DynaLogic ’control.
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to conflicts of laws or choice of laws rules.