Terms and Conditions

Last updated August 26, 2024

Welcome to Livingston Charting (www.livingstoncharting.com) (the "Website"). By accessing this Website, you agree to be bound by these Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

Disclaimer

By using www.livingstoncharting.com, you agree to the terms of this disclaimer and the terms of service of this website.

The information provided on, and any communication from, www.livingstoncharting.com, Livingston Charting LLC (“Livingston Charting”), or its social media websites is for educational and informational purposes only. It should not be considered financial or investment advice. You should not make any investment decision based solely on what you read on this website.

Trading and investing in stocks, options, cryptocurrencies, or any other financial instruments involve risk. The value of investments can go down as well as up, and investors may lose all or more than their initial investment. Past performance is not necessarily indicative of future results.

Before making any investment decision, it is important to do your own research, consider your financial situation, risk tolerance, and consult with a qualified investment professional.

LLC Formation: Livingston Charting LLC was formed solely for liability protection and is not engaged in any commercial financial services. The content provided on this website is educational and informational in nature, and the LLC's role is limited to ensuring the safe operation of the website.

Publisher's Exemption Under the Investment Advisers Act

The content provided on www.livingstoncharting.com and through any associated platforms, including but not limited to social media pages, operated by Livingston Charting LLC is intended to qualify under the "publisher's exemption" as defined by the Investment Advisers Act of 1940. This exemption applies to the provision of general and impersonal information that is not tailored to the specific investment needs of any individual person or entity.

  • General Nature of Content: All information, analysis, and educational content provided on this website, including charts, articles, and social media posts, is intended to be general in nature. This content does not consider the individual financial circumstances, investment objectives, or risk tolerance of any specific person or entity.

  • No Personalized Investment Advice: Livingston Charting LLC does not provide personalized investment advice, and the information on this website should not be construed as such. Any decisions made based on the information provided are at the sole discretion and risk of the user.

  • Non-Client Relationship: The use of this website and the consumption of its content does not establish a client relationship between the user and Livingston Charting LLC. Users should seek personalized advice from a qualified investment professional before making any investment decisions.

Non-Professional Status Disclaimer

Livingston Charting is an educational platform operated under an LLC structure, which is established primarily for the asset protection of the individual owner, rather than for conducting business activities. The LLC exists solely to provide a legal framework that separates the owner’s personal assets from the website's educational activities. The content presented on Livingston Charting is a personal expression of the owner’s experiences in the financial markets, shared for educational and informational purposes only.

The owner subscribes to market data services, including those provided by TradingView, strictly as an individual, using the data solely for personal trading activities. The LLC does not engage in trading activities, offer financial advice, or manage assets on behalf of clients. All profits and losses from the owner’s trading are personal and do not benefit the LLC or any other business entity. Therefore, the owner’s use of market data should be classified under the non-professional category, as it is not used in a professional capacity or for the benefit of any business, including Livingston Charting LLC.

Exclusive Personal Use of Market Data: The market data utilized by the owner of Livingston Charting is exclusively for personal trading activities. The owner subscribes to market data services, including but not limited to those provided by TradingView, strictly in a personal capacity as an individual trader. The data is used solely for the owner’s own trading purposes and is not accessed, utilized, or subscribed to in the owner’s capacity as a principal, officer, partner, employee, or agent of any business entity, including but not limited to Livingston Charting LLC.

It is explicitly stated that the owner does not subscribe to these services on behalf of any other individual or entity, nor is the data used to directly or indirectly benefit Livingston Charting LLC or any other business. The owner’s trading activities and the use of market data are entirely separate from the operations of Livingston Charting LLC, which does not engage in trading activities, asset management, or the provision of paid financial services.

Educational and Non-Commercial Nature of the Website: Livingston Charting is structured as a free, educational platform. It operates in a blog-style format, providing commentary and educational content for individual traders and those interested in technical analysis. The information provided on this website is intended purely for educational purposes and is offered without charge. Livingston Charting does not offer subscription services, paid trading signals, or any other monetized product that could be construed as a professional financial service.

The LLC’s operations are confined to educational content creation and the sharing of personal trading experiences, without any commercial exploitation of the market data accessed by the owner. The website serves to document and share the owner’s personal journey and insights in the realm of trading, and does not in any way imply or provide professional financial advice or services to its users.

User Responsibility and Compliance: Users of Livingston Charting acknowledge that the content provided is for personal educational purposes only. The use of this content is not intended for professional traders, financial institutions, or any commercial enterprise. Users are solely responsible for determining their own professional or non-professional status when accessing market data from third-party platforms, such as TradingView.

Livingston Charting LLC and its owner disclaim any responsibility for the misclassification of status by users and assert that all compliance with exchange or data provider rules lies solely with the individual user. The owner’s subscription to market data services and the use thereof are in full compliance with the non-professional status requirements set forth by data providers, including TradingView, and are confined strictly to personal, non-commercial use.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Livingston Charting's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • Modify or copy the materials;

  • Use the materials for any commercial purpose or for any public display (commercial or non-commercial);

  • Attempt to decompile or reverse engineer any software contained on Livingston Charting's Website;

  • Remove any copyright or other proprietary notations from the materials; or

  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Livingston Charting at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Note on Downloading: This permission to download is strictly for personal, non-commercial transitory viewing. Redistribution, modification, or commercial use of the downloaded materials is not permitted without explicit permission and proper attribution, as outlined in the Attribution section.

Attribution

Third-Party Content: The materials on this website include charts and other content provided by third-party services, including but not limited to TradingView and Interactive Brokers (IBKR).

Educational and Informational Purposes: The materials provided on this website, including charts and analysis, are intended solely for educational and informational purposes. They are not intended to be, and should not be considered as, financial or investment advice. Users should not make any financial decisions based solely on the content provided on this website without conducting their own research and consulting with a qualified investment professional.

TradingView: Unless otherwise stated, all equities charts displayed on this website are created on and provided by TradingView. These charts are used in accordance with TradingView’s terms and licensing agreements. Every effort has been made to comply with TradingView’s use license and attribution requirements. Users are prohibited from downloading, modifying, or distributing these charts without proper attribution and explicit permission from Livingston Charting.

Interactive Brokers (IBKR): Entries charts displayed on this website are provided by Interactive Brokers (IBKR). These charts are only altered to conceal account numbers and profit and loss figures for security and privacy reasons, and this action also adheres to IBKR’s privacy requirements. Every effort has been made to comply with IBKR’s use license and attribution requirements. Users must include proper attribution to IBKR if using these charts and adhere to IBKR’s terms of service. This is done by ensuring the charts are shared as intended to be viewed with IBKR logo visible, without alterations other than what is required for privacy reasons.

Non-Commercial Use: This website is provided for educational and informational purposes only. The content is freely accessible and does not constitute any commercial service, financial advisory, or trading service. No fees or charges are imposed for access to any materials provided herein.

Content Ownership: All other content on this website, including text, graphics, logos, and images created by Livingston Charting, is the property of Livingston Charting LLC unless otherwise noted. Users are prohibited from reproducing, distributing, or using this content without explicit permission.

User Responsibility: Users are responsible for ensuring that any use of materials from this website complies with all applicable laws, including copyright and licensing regulations. Misuse of the materials, including failure to attribute or unauthorized distribution, may result in the termination of the use license and potential legal action.

Disclaimer Regarding Professional Status: The owner and operator of this website is not acting in a professional capacity as defined by TradingView's terms of service. This website is operated by a non-professional subscriber, and any use of TradingView charts is in compliance with their non-professional usage guidelines.

No Endorsement: The use of third-party content, including charts from TradingView and IBKR, does not imply endorsement or recommendation by Livingston Charting. These tools are used to support educational content and should be interpreted with caution. Livingston Charting is not responsible for any actions taken by users based on this content.

User Conduct

By using Livingston Charting (www.livingstoncharting.com), you agree to use the website in a manner that is lawful, respectful, and consistent with these Terms and Conditions. You specifically agree not to:

  • Engage in any activity that is illegal, harmful, or fraudulent, including but not limited to spamming, hacking, or distributing malware.

  • Post or transmit any content that is abusive, defamatory, obscene, or otherwise objectionable.

  • Use the website to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Attempt to gain unauthorized access to any portion or feature of the website, other accounts, or any systems or networks connected to the website.

  • Use the website to violate the intellectual property rights of Livingston Charting or any third party.

  • Disrupt or interfere with the security or performance of the website, or take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure.

Livingston Charting reserves the right to terminate or restrict your access to the website without notice if you engage in any prohibited conduct or violate these Terms and Conditions.

Indemnification

By using Livingston Charting (www.livingstoncharting.com), you agree to indemnify, defend, and hold harmless Livingston Charting LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the website, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any person or entity.

Limitations

In no event shall Livingston Charting or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Livingston Charting's Website, even if Livingston Charting or a Livingston Charting authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on Livingston Charting's Website could include technical, typographical, or photographic errors. Livingston Charting does not warrant that any of the materials on its Website are accurate, complete, or current. Livingston Charting may make changes to the materials contained on its Website at any time without notice. However, Livingston Charting does not make any commitment to update the materials.

Links

Livingston Charting has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Livingston Charting of the site. Use of any such linked website is at the user's own risk.

Changes to Terms

Livingston Charting LLC reserves the right to update, modify, or revise these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the website, and the "Last Updated" date at the top of this page will reflect the date of the most recent changes.

It is your responsibility to regularly review these Terms and Conditions to stay informed of any updates. By continuing to use the website after any changes have been posted, you are indicating your acceptance of the revised Terms and Conditions.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Arizona, United States, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Contact Us

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