General Conditions of Service

These Terms of Service of Aajyaan contain important information about Aajyaan, Inc., a California Corporation (“Aajyaan”) and the Aajyaan website (the “www.equityswing.com”) and governs the relationship between you (“You”) and Aajyaan as it relates to Your use of the Website and participation in the functionality available through the Website. The Terms of Service contain important information and disclosures about appropriate conduct on the Website and how Aajyaan may use information provided by You to Aajyaan through the Website or otherwise.
 

By using this Website, You signify your agreement to these Terms of Service. If You do not agree to these Terms of Service, You must not use this Website. Aajyaan may modify these Terms of Service at any time and without notice.
 

A subscription to Aajyaan by creating an account is a license agreement, for use only under the terms of this license, unless a specific product or service of Aajyaan is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Aajyaan reserves all rights not expressly granted to You. The product that is subject to this license is referred to in this license agreement as the “Licensed Technology.”
 

1. Terms of Use. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Technology. You may not copy, screenshot, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Technology, any updates, or any part thereof. Any attempt to do so is a violation of the rights of Aajyaan. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Aajyaan that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
    

2. Indemnification of Aajyaan. You agree to indemnify, hold harmless, and defend Aajyaan and any of its members, managers, agents and employees from or against, as applicable, any and all claims, actions, demands, liabilities, losses, costs, expenses, damages or suits (including, but not limited to, attorneys’ fees) caused by or arising out of Your improper use of the Website or information provided to Aajyaan by You, including any information or content that You may input to the Website, Your violation of the Terms of Service or any related agreements or terms of use, or the infringement or violation of any intellectual property or other rights of any person or entity by You or any person or entity using Your account. You will be solely responsible for any actions by any user of Your account, including Your violation of any intellectual property or other rights of any person or entity.
    

3. Consent to Use of Data. You agree that Aajyaan may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Technology. Aajyaan may use this information to improve its products or to provide services or technologies to You. You agree and understand that You are solely responsible for maintaining the confidentiality of any password and/or username used to access any portion of the Website and the related services and that You are solely responsible for any activity which occurs on any portion of the service for which You have a password.
    

4. Third Party Materials. The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Website, You acknowledge and agree that Aajyaan is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Aajyaan does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products or services of third parties. Neither Aajyaan nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock or investment information or location data displayed by the Website.
    

5. Proprietary Content. You agree that the Website contains proprietary content, information and material that is protected by applicable intellectual property laws, including but not limited to copyright, trademark and/or trade secret laws, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Website. You agree that nothing contained in these Terms of Service gives You any right to use any of the intellectual property available on the Website, including but limited to the copyrighted content, trademarks, servicemarks, logos and/or domain names. No portion of the Website may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of any kind based on the Website and You shall not exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Aajyaan is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Website. The Website and the information contained in the Website is copyright Aajyaan, Inc. 2016. All rights reserved.
    

6. Modifications.Aajyaan reserves the right to make modifications or changes to the Website and/or the Licensed Technology at any time, without notification to You.
    

7. U.S. Government End Users.The Licensed Technology and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
    

8. Governing Law and Court Jurisdiction.These Terms of Service shall be governed by the laws of the State of California, without regard to conflicts of law principles thereof. This is the case regardless of whether You reside or transact business with Aajyaan anywhere else in the world. If any part of these Terms of Service are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, in the State of California to settle any dispute, which may arise in relation thereto.

Disclaimer; Limitation of Liability

Referencing Section 202(a)(11)(D) of the Investment Advisers Act: Aajyaan is not an Investment Advisor. Aajyaan has built mathematical algorithms to provide information which could be helpful to You in identifying Your most desired entry and exit points for the securities You have chosen to monitor. Aajyaan does not make any direct investment recommendations and has no opinion regarding the signals Aajyaan produces. Nothing contained herein nor in any portion of the content provided to You by Aajyaan should
be construed as an offer or solicitation for the purchase or sale of any security. References to specific securities, investment programs and/or funds are for illustrative purposes only and are not intended to be, and should not be interpreted as recommendations to purchase or sell such securities.

The information received by You from Aajyaan through the Website is for Your own personal use. Investing involves a great deal of risk and You accept all risks associated with following any signal which may include complete loss of capital, without recourse to or liability of Aajyaan. Aajyaan provides information designed to educate the general public. This information does not take into account all of the unique circumstances which affect an individual’s decisions and nothing in the services provided by Aajyaan should be deemed personalized advice that is tailored to Your needs. Historic statistics including rates of return are calculated using the weekly closing price and do not take into account the reinvestment of dividends, trading commissions or brokerage and advisory fees. Past performance does not guarantee or represent the potential of future returns. Nothing contained herein should be construed as a warranty of investment results. All risks, losses and costs associated with investing are Your responsibility, and You acknowledge and agree that You may not recover any losses or the amount invested from Aajyaan. While Aajyaan attempts to ensure that the information on the Website is accurate and complete, Aajyaan is not responsible or liable in any way for any inaccuracy or omission in the information on the Website. The Website and the information contained on the Website is provided for Your use “AS IS” without any warranty (whether express or implied) of any kind.
 

The failure of Aajyaan to insist on strict compliance with the Terms of Service or any other course of conduct on its part will not be deemed a waiver of the rights of Aajyaan under the Terms of Service.
 

Aajyaan financial model calculates using data provided by DevExperts®. Not all data is in real-time and therefore the signals provided by Aajyaan may not be in real-time. When in question it is advised to consult a secondary source such as http://www.bloomberg.com/ to confirm whether a split or dividend has occurred on a particular security.
 

¹Security: Aajyaan withholds the right to change the security it tracks. The choice by Aajyaan of any security does not reflect the recommendation of Aajyaan that You invest in any specific security.