Glean Terms of Usage

This is a legally binding agreement between you, the registered Glean user and Pracplay LLC ("Pracplay").   
When you install or use Glean or Pracplay sites (User), you are consenting that you have read, understand and agree to all of :
  1. Risks and Liabilities
    1. Purpose.   Pracplay and it's products and services including but not limited to Glean, are to assist you in making financial decisions.   Pracplay is not providing legal, tax nor financial advice.  We are not a financial planner, broker nor tax adviser.
    2. Losses.  Trading and investing carry substantial risks, including the loss of all your principal.   You understand that using margin or leverage can exacerbate these losses in excess of your initial investment.  You agree that all decisions you make will be mindful of these risks, your personal tolerance for risks and your knowledge and experience. You acknowledge that you are liable for all decisions and results from your using Pracplay's software, data and recommendations.  You agree you will not hold Pracplay liable for any losses you may incur while using our products and services.
    3. Accuracy.   Pracplay takes reasonable measures to ensure quality of data in our system.  You understand that Pracplay does not guarantee data accuracy and you cannot hold Pracplay liable for damages or losses- direct or indirect- that you may incur using our platform.
    4. Availability.  We take reasonable means to ensure our products and services are always available.   You understand that availability is not guaranteed and you cannot hold Pracplay liable for any outages experienced or difficulties you may encounter while using our products and services.
    5. Security. Your account is identified and verified periodically by a full name and email address you provide ("account information").  You are entirely responsible for maintaining the security and confidentiality of your account information, including your username and any passwords. Pracplay will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge. Furthermore, you are entirely liable for any and all activities and conduct- whether by you or anyone else- that are conducted through your account.   You understand we may hold you liable for actions taken by your account, even if your account is used by someone other than yourself or otherwise compromised.  You agree to maintain a secure account and password, to monitor it for misuse, and to notify pracplay immediately if you suspect your Glean account has been compromised. 
    6. Third Parties.   For convenience Pracplay works with a number of third-party partners, products and services.   You understand that Pracplay does not control these parties and they may not follow the same terms, conditions, security or other standards that we do.  You agree that you cannot hold Pracplay liable for the security, content or availability of these third-party products, services and information.   You understand that the inclusion of a third-party software, service, api, website link or other third-party reference does not constituent and endorsement by Pracplay.
    7. Legality.  You agree that all your use of our software and services shall be legal and ethical. You also agree that Pracplay cannot be held liable for actions undertaken by you or against you by the SEC, NASD, CFTC, any other securities agency, or any 3rd party.
  2. Terms
    1. Limited License. Unless otherwise specified, Pracplay grants to you a non-exclusive and non-transferable limited license to access our site and services, including executing Pracplay installers and binary files on your desktop machine for your personal use or for your business purposes (but not on behalf of any third party) provided that you agree with and comply fully with the provisions of this Agreement.
    2. Prohibited Activities.We use the term “Content” to mean entire or partial algorithms, code and code segments, trading strategies, strategy and Glean designs, data transformations, data analysis and manipulation functions, tools, software, data, databases, text, messages, images, graphics, video files, audio files, ideas and other information and materials. We use the term “Community Content” to mean the Content that Pracplay, you, or other Registered Users of Pracplay post in publicly accessible areas of our products, sites and services. Other than as provided in Section 3, you acknowledge and agree that you will not:
      1. copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through Glean or Pracplay sites not submitted or provided by you by any means without Pracplay's prior written consent.
      2. use Glean or Pracplay sites to advertise or promote any enterprise you own, are employed by or are otherwise compensated by, either directly or indirectly;
      3. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through Glean or Pracplay sites or services unless receiving prior permission from Pracplay.
      4. access Glean, Pracplay sites or any Content by any means other than publicly accessible Pracplay-provided interfaces;
      5. transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;
      6. post or transmit any material that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature;
      7. post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
      8. use Glean or Pracplay's sites in a manner that adversely affects the availability of its resources to other users;
      9. attempt to gain unauthorized access to Glean or Pracplay sites, accounts, computer systems or networks through hacking, password mining or any other means;
      10. knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.
    3. Community License.  You may copy, modify and / or republish any Content that you have not authored so long as it's Community Content.  Content will be considered to be Community Content once it has been posted into the publicly accessible area of Glean, or any publicly accessible area of Pracplay sites.  The license to use Community Content will remain even if Content has been removed from Community area. In all other cases you are prohibited from copying, modifying and republishing Content in accordance with protecting Pracplay and our users intellectual property.
    4. Cost.  You understand that Pracplay incurs costs to develop and operate Glean and run our businesses.   
      1. Free Service.   Free Glean service refers to us not making money until you do.
        1. You acknowledge that if we offer you free access to Glean, it is with the understanding that you will make good and frequent Glean usage decisions, consistent with the goal of trading profitable strategies in Glean and at the time you are profitably trading, sign up for paid, fee-based Glean service.   
        2. You understand that free service is not unconditional, and may require you to verify your good and frequent Glean decisions towards profitability ("PlanVerify").   This may require you to provide, prove or verify on a regular basis information not limited to:  trading account assets, background on your trading experience, a measurable trading plan for pursuing profitability, and proof of plan execution not limited to screenshots or trading account financial statements.   
        3. If you choose to take advantage of the free Glean service, you agree to provide these in a reasonable time whenever requested by Pracplay. You understand that Pracplay may charge you a higher fee in consideration for the extra effort involved in ensuring good and frequent Glean decision making.  
        4. You understand that if you are not upholding any of the PlanVerify or other conditions of free service we may take actions in your account without your permission or upfront notification and that this may include but not be limited to: account suspension, account deletion, trading strategy and design deletion.
      2. Fee/Paid Service.  You understand you can choose to pay an upfront-fee.   This avoids PlanVerify effort on both and extra costs.  If you are on a paid/fee service, you agree you are bound to and will honor all other parts of the agreement outside of Section 4.1.  
    5. Feedback.   If you share thoughts, criticisms, suggestions for improvement, comments, logs, screenshots or other feedback about our products or services via public or private means, we may use this feedback to modify our products and services and you will not be due any compensation from any change resulting from such feedback.  You grant us a royalty-free, irrevocable right and license to use, reproduce, modify, translate, distribute, create derivative works of your Feedback in any form Pracplay chooses.
    6. Termination.  You understand that Pracplay may terminate your account or use of our sites, products or services- including the removal of any Content you have created- at any time and for any reason. You agree that any actions taken under this Section don't require us to provide you prior notification. You agree we are not liable to you nor any other party for termination of your access to Glean or the removal of account content.    In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the license you have granted to use any Community Content in Section 2.3 survives the termination of this Agreement.  This agreement is governed by Florida Law, if any portion of agreement is found invalid it is agreed that it will not invalidate the remainder of the agreement
    7. Communication.  
      1. Use of any Pracplay sites, products or services including but not limited to Glean registration constitutes acceptance of this agreement.
      2. You and Pracplay agree that e-mail and any electronic correspondence are acceptable form of communication for legal purposes.
    8. Modification.
      1. Pracplay will make changes to our products, services and sites.   You understand that we may or may not choose to notify you of modifications.   You agree that Pracplay cannot be held liable by you or another party for any modification, including discontinuation of any or all products, sites or services.
      2. Pracplay may choose to modify or amend this agreement at any time ("change").  If a change is material, we'll post notice in Glean or on one of our sites or via email to registered Glean users.   Use of the site, Glean or other Pracplay products or services following amendments or modifications will constitute change acceptance.   You understand and agree you will review this agreement periodically to be aware of changes.