The overarching agreement you make with Moses Trades.
This Agreement (this “Agreement”) governs the use of the programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, social media, software, User Automations (as defined below), research and/or other communications (collectively, the “Information”) that are made available by Moses Trades, LLC (the “Company,” “we,” or “us”) on, through, or in connection with its website available at this web address (URL): https://mosestrades.com (the “Website”). This Agreement represents the whole agreement and understanding between us and you, the person that accesses or uses the Information and/or the Website (such person, “you,” “User” or “Visitor”).
We may terminate your right to access or use the Information or the Website at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business, or for conduct where your use of the Information and/or Website is harmful to any other party. If you do not agree to these conditions, STOP reading now, and do not access or use the Information and/or the Website.
We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Visitors upon posting of the modified Agreement to this web address (URL): https://mosestrades.com/terms-of-use. You are responsible to read this document from time to time to ensure that your use of the Information and/or Website remains in compliance with this Agreement.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The Website’s contents are for educational and informational purposes only and solely as a self-help tool for your personal use. Accordingly, you should not rely on the Information or Website in making any investment. The Company makes no representations or warranties, either expressed or implied, with respect to the accuracy or completeness of the Information or the Website. You should always check with your financial, investment, legal, tax and/or other professional advisors to determine the suitability of any investment.
NOT LEGAL OR FINANCIAL ADVICE
The Company and its affiliates, owners, managers, employees, shareholders, officers, directors, other personnel, representatives, agents or independent contractors (collectively, “Company Persons”) do not hold themselves out to be attorneys, accountants financial advisor, or investment advisors, nor does any Information or other Website contents constitute legal, accounting, investing or other professional advice to you. You acknowledge and agree that the Information and this Website are not intended to be a substitute for the legal, accounting, financial investing or other professional advice that can be provided by your own professional advisors.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION OR CONTENTS OF ITS WEBSITE OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITE ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You agree that the information you provide to us on or through the Website will be accurate. You acknowledge that you are voluntarily using the Website and that you are solely and personally responsible for your choices, actions and results in connection with that use, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any Information or this Website, and you agree to use your own judgment and due diligence in connection with your use of any Information or this Website.
You acknowledge and agree that no promise or guarantee of success or profitability has been made between you and the Company or any Company Person.
DISCLAIMERS AND RISK DISCLOSURES
You acknowledge and agree:
General Marketplace Risks
The risk of loss in trading options and other securities can be substantial. Consider all relevant risk factors, including your own personal financial situation, before engaging in any options trading. The possibility exists that you could sustain a substantial loss which could total more than your initial investment in a short period of time. Therefore you should not invest money that you cannot afford to lose. If you have any questions or concerns regarding the risks associated with trading, you should confer with a trusted and reliable independent financial advisor. None of the Information or the Website provided by the Company constitutes a solicitation to trade any option or any investment or security of any kind.
Options are widely considered a volatile investment class, and are priced according to complex factors involving (among other factors) price, the volatility of the underlying asset, time until expiration, and interests rates. By their nature, therefore, options involve a high degree of financial risk. Risks associated with acquiring options include (without limitation): (i) the risk of losing your entire investment increases as the option goes out of the money and as expiration approaches; (ii) the risk that certain options do not have secondary markets on which to sell them, meaning that their value can only be realized upon expiration; (iii) the risk that a particular option contract may have specific exercise provisions that create additional risk; (iv) U.S. or other regulatory agencies may impose regulations or rules that impair your ability to realize value from options; and (v) the risk of losing your entire investment in a relatively short period of time.
Options, and the trading of options, are typically governed by a series of complex contracts. The intent of the legal documents and contracts might be unclear, and even clear drafting could be misconstrued by counterparties or by judges and arbitrators. A dispute over interpretation of any of these documents or contracts could arise, which may result in unenforceability of the contract or other outcome that is adverse to you.
General Economic and Market Conditions
The options market will be affected by general economic and market conditions, as well as by changes in laws, currency exchange controls, and international, national and regional political and socioeconomic circumstances. The options market may be sensitive to general downward swings in the overall economy or in particular industries or geographies. Factors affecting economic conditions, including, for example, inflation rates, currency devaluation, exchange rate fluctuations, industry conditions, competition, technological developments, domestic and worldwide political, military and diplomatic events and trends, and innumerable other factors outside of your control and that of the Company, which can materially and adversely affect the availability or desirability of segments of the options market.
The trading of options can impose tax burdens and tax filing obligations on trade participants. Such considerations are complex and highly personal. You are urged to consult with your tax advisors with respect to your tax situation and the effect of engaging in options trading.
The trading of options will leave you exposed to the risk that third parties that owe you money, securities, or other assets will not perform their obligations. These parties include trading counterparties, brokers, clearing agents, exchanges, clearinghouses, custodians, and other financial intermediaries. These parties may default on their obligations to you or to another third party, due to bankruptcy, lack of liquidity, internal failure, or other reasons.
Past Results Are No Guarantee of Future Performance
There can be no assurance as to any particular financial outcome based on the use of the Website. Past results of any individual trader or trading system published by the Company are not indicative of future returns that may be realized by that individual trader, trading system, or you. Similarly, it should not be assumed that the methods, techniques, or indicators presented in these products and/or services will be profitable or that they will not result in losses. Any earnings or income statements or examples shown in the Information or through the Website are only estimates of what might be possible now or in the future, and are provided only for informational and educational purposes.
Risks Associated with Investment Activity
The Website is not a trading platform, nor does it allow you to trade options or other securities; it instead is a portal through which you may be able to, if desired, access your personal brokerage account that you maintain with a third-party broker. You should refer to the brokerage agreement between your broker and you for how, if at all, any losses arising from these risks are allocated between your broker and you, for which the Company bears no responsibility. Delays within and between your system, as well as those of your broker and the market in which you seeking to effect trades, might cause orders, corrections, and cancels to be placed or not placed in ways that are not desired. You may receive incorrect information, or be unable to get information, about your orders, your positions, or market conditions. Incorrect actions may be taken, or correct actions may not be taken, because of inaccurate or missing information.
No Assurance of Investment Return
The Company cannot provide assurance that you will be able to choose, make and realize trades in options in any particular company or portfolio of companies. There is no assurance that you will be able to generate returns or that the returns will be commensurate with the risks of investing in options generally, or that you will receive a return of its capital. Trading in options should only be considered by persons who can afford a loss of their entire investment.
Neither the Company nor any Company Person has made any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your accessing of, or use of, the Information or the Website. The Company cannot and does not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through your access of or use of the Information (including, without any limitation, any Information) and the Website.
No Investment Advice
Although the Information and the Website may contain general, academic or educational discussions of securities, such discussions are not solicitations of any kind nor a recommendation to buy or sell a particular financial security or product. Such discussions are not, and should not be construed to be, investment advice under any circumstances.
Accordingly, you should not rely solely on the Information or the Website in making any investment. The Company strongly recommends that you seek the advice of your licensed financial, investment, tax, legal or other professional advisor to determine the suitability of any investment.
No Legal, Accounting, or Financial Advice
The Information and the Website are not intended to be perceived as, or relied upon, as legal, accounting, or financial advice. The Company is not a law firm, accounting firm, or financial advisory firm and does not provide legal, accounting, or financial advice. The information provided through the Information and the Website is not intended to be a substitute for the professional advice that can be provided by your own accountant, lawyer, or financial advisor.
Neither the Company nor any Company Person is, in such capacities, a licensed financial advisor, registered investment advisor, registered broker-dealer or FINRA | SIPC | NFA-member firm. As a result, you may not receive the protections or benefits that you might be entitled to were this not the case.
Risks Involving the Information, the Website and this Agreement
Assumption of Risk
As with all situations, unknown individual risks and circumstances can arise during use of the Information and the Website that cannot be foreseen and that can influence or reduce results. You recognize and agree that any mention of any suggestion or recommendation contained, or that you believe to be contained, in the Information or the Website is to be taken at your own sole risk, with no liability on the Company or any Company Person’s part.
Errors and Omissions
The Information and the Website may contain inaccuracies or typographical errors. The Company is not responsible for the views, opinions, or accuracy of facts referenced on or through the Information or the Website, or of those of any other individual or company affiliated with the Company or any Company Person in any way. The Company is not responsible for the accuracy of the Information or the Website, or for any errors or omissions that may occur in connection therewith.
The Company does not guarantee that your access to the Information and the Website will not be suspended or restricted from time to time, including (without limitation) to allow for repairs, maintenance or updates, as a result of third-party denial-of-service or other attacks, or through circumstances outside the Company’s reasonable control. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should any Information or the Website become unavailable or should access to the them becomes slow or incomplete for any reason, such as (without limitations) system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Information or the Website inaccessible to you.
References or links in the Information and the Website to the information, opinions, advice, programs, products or services of any other individual, business or entity do not constitute a formal endorsement by the Company of such other person. The Company is not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should the Information or a Website link appear in any other individual’s, business’s or entity’s website, program, product or services, such appearance does not constitute the Company’s endorsement of them, their business or their website.
From time to time, the Company may promote, affiliate with, or partner with other individuals or businesses whose Information or Website align with the Company’s. In some cases in connection therewith, the Company may receive financial compensation or other consideration from such individuals or businesses. You acknowledge that such promotion or marketing by the Company does not serve as any form of endorsement of such product or service whatsoever. You acknowledge and agree that you are still required to use your own judgment to determine that any such program, product or service is appropriate for you, and that you assume all risks, in connection with your use of any program, product or service that may promote, market, share or sell on or through the Website.
The Website may present experiences, testimonials, and insights by users of our products and/or services. Such experiences reflect the opinions of such users and are provided for the purposes of illustration only. The experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Website as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. Some users were solicited and compensated $100 Amazon gift cards.
This Agreement requires the use of arbitration, rather than a trial by jury or a bench trial, to resolve disputes arising under or in connection with this Agreement, the Information and the Website. This may limit the remedies available to you in the event of a dispute. You fully understand and agree that by accessing or using the Information and the Website (including, without limitation, by enrolling in, purchasing and/or using any of the Information) that you are thereby voluntarily waiving certain legal rights.
Links to Other Websites; Third-Party Information and Websites
The Website or Information may provide links and pointers to other websites maintained by third parties that may take you outside of the Website or Information. These links are provided for your convenience and the inclusion of any link in the Information or Website to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in the Website or the Information, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in the Information or the Website. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Risks Involving ”Bots” and User Automations
User Automations, Generally
Through the Website you may create, or have access to other Website users’ creations of, option trading automations, sometimes referred to as “bots” (the “User Automations”). You agree not to use any User Automation until you have read the Company’s guidance with respect to User Automations. You understand that neither the Company nor any Company Person is in any way responsible to you for the contents of, performance of, or results from using any User Automation or User Automations generally. You acknowledge that the Company does not recommend, endorse or encourage the use of any specific User Automation. You also acknowledge that, while the Company may make User Automations available to you and may advertise them and their availability to you, the Company also does not recommend, endorse or encourage your use of User Automations generally. You agree to manage your own open positions on a brokerage’s platform should a User Automation fail with respect to such positions for any reason. You acknowledge that User Automations are a sophisticated tool and represent that you have the requisite sophistication to use them, if you do, prudently. You acknowledge that the Company has not guaranteed your access to the User Automations, and that the Company may suspend or end the operations of any or all User Automations at any time, or limit or completely restrict your access to them, for any or no reason. Finally, you agree that any use by you of any and all User Automations is strictly at your own risk.
Relation to Other Risk Disclosures
Because User Automations can, by enabling communication with a third party broker, involve the trading of options, their use is subject to the “General Marketplace Risks” and “Risks Associated with Investment Activity” set forth. In particular, because the User Automations can only interact with a third party broker, and that third party broker will make the independent determination of whether or not to place any orders communicated through a User Automation, the use of User Automations is subject to the risks set forth in “Brokerage Risk” above. Finally, because User Automations are an element of the Website and provided through this Website, their use is subject to the “Risks Involving the Information, the Website and this Agreement” set forth above.
Your Use of User Automations
You understand that a User Automation, once turned on by you, may, by acting independently of you according to governing rules that you previously established and agreed to, lead to consequences unforeseen by you or differing from those that would have resulted had you acted directly rather than through such User Automation. Risks inherent in creating, testing, and executing trading strategies through User Automations include: (i) risk that the User Automation (i) may not function as you had intended; (ii) may not achieve the desired result; (iii) may not perform or react to market conditions or data as expected; and (iv) may not be appropriate for the market conditions at the time of execution. No matter how well designed and tested a User Automation may be, the results are not wholly predictable and performance may be subject to numerous unforeseen factors. Past performance is not an indication of future results. A User Automation may be designed on the basis of an incorrect understanding of: (i) how the Website works; (ii) how a User Automation works; (iii) the operation of the trading markets for the securities to which your User Automation is addressed; (iv) how the different systems comprising those markets interact; (v) the costs of executing the trades performed by your User Automation; or (vi) how your User Automations interact with your brokerage account, your broker or other third parties or third party websites or systems.
“Allocation” Field in the User Automation Menu Only Sets Opening, Not Closing, Cap for Options
Setting the “Allocation” field in the User Automation menu only establishes the maximum price for opening a position, and does not affect the maximum price for closing that position. It is possible that the costs of closing a position could exceed the value you set in the “Allocation” field for opening that position. In other words the “Allocation” field does not cap the amount of money that may be at risk in connection with a trade.
User Automations Will Close Positions Automatically
Each User Automation is designed to close all trades initiated by your broker at your instruction through that User Automation, in accordance with the instructions you select in programming your User Automation (which are then communicated to that broker). User Automations are not intended to instruct a broker to leave a positions open indefinitely, as this could expose you to risks associated with after-hours trading and other adverse consequences. Nonetheless, although User Automations are designed to send closing instructions at set times, the Company disclaims any responsibility for closing such positions on your behalf, or for the consequences should such positions not be closed, and you agree that you and/or your broker are the sole parties responsible for ensuring that your trades are opened and closed.
User Override of User Automations’ Positions
While users can set capital and position limits while designing a User Automation, you have the ability to manually override that User Automation even after it is turned on. This option, although it gives you greater control and flexibility, also means you can–due to emotion or otherwise–depart from your previously-considered strategy with a User Automation. This could lead to the assumption of greater risk than was originally contemplated with the initial User Automation configuration.
Investment Strategy of User Automations
All users of User Automations must determine for themselves what specific investments to make or not make and are urged to consult with their own independent financial advisers with respect to any investment decision. You bear responsibility for your own investment research and decisions, your decision whether or not to seek the advice of a qualified securities professional before making any investment, and your investigation of any and all risks before employing a User Automation. The fact that the User Automation allows you to do something is not an endorsement of that action by the Company.
User’s Human Error in User Automations
Your design or use of User Automations may be subject to user error. Such errors could include entering incorrect fields (including ticker symbols) or inadvertently turning the User Automations “on” or “off.” Even if your User Automation works as intended, it could produce adverse results through non-optimal strategies or “setting and forgetting.”
Counterparty Risk of User Automations
Even if your User Automation is working as expected, your broker may reject orders in error or by design, incorrectly execute orders, or induce errors through unexpected behavior (such as returning messages out of sequence, incorrectly acknowledging orders, or posting incorrect execution reports).
No Ownership Rights to Any User Automation
Although you may design User Automations, which may or may not be unique and which may or may not represent the results of your own research and efforts, you acknowledge and agree that you have no copyright or other intellectual property or proprietary rights in any User Automations. You further acknowledge and agree that the Company may, in its sole discretion, copy, modify, publicize, monetize or otherwise use any User Automation that you or anyone else creates.
TDAmeritrade Marketing Agreement
TD Ameritrade, Inc. (“TD Ameritrade”) has entered into a Marketing Partner Agreement with Alta5, Inc. (“Marketing Representative”) whereby TD Ameritrade compensates Marketing Representative for recommending TD Ameritrade as an executing broker. The existence of this Marketing Partner Agreement should not be deemed as an endorsement or recommendation of Marketing Representative by TD Ameritrade and/or any of its affiliated companies. Neither TD Ameritrade nor any of its affiliated companies is responsible for the privacy practices of Marketing Representative or this website. TD Ameritrade does not warrant the accuracy or content of the products or services offered by Marketing Representative or this website. Use of this website and its services and/or products is the decision of and at the discretion of the individual or entity choosing this service and/or product. TD Ameritrade makes no guarantees or warranties of any kind of the products or services offered by Marketing Representative or by or through this website and shall have no liability therefore.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
The Company’s Information and the Website are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content of the Information and the Website is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Information or Website or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement. If you purchase certain of our Information from the Company (such purchased Information, “Programs, Products or Services”), you will be considered our licensee (“Licensee”) with respect to such Programs, Products or Services. For the avoidance of doubt, all Information obtained through us (whether or not Programs, Products or Services) is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Information or the Website contents in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to access or use the Information and the Website with permission and restrictions. This means that when you purchase Programs, Products or Services from the Website or otherwise, you are purchasing the limited right to use such Information in the form that is provided by us to you with certain conditions as specified in this Agreement.
You are permitted to access and use the Information and Website as follows:
You may download and/or print Information for your own personal use in your business.
However, you are NOT permitted to share, sell, reprint or republish any other of our Information, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on the Information are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Information titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that the Information or Website have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you access or enroll in Information (including, without limitation, purchasing Programs, Products or Services) or the Website, you agree that you are clearly and expressly prohibited from doing the following:
- You will NOT copy, share or steal the Information or Website, or any parts of them.
- You will NOT in any way use, copy, adapt or represent any of the Information or Website in any way as if they are yours or created by you.
- You will NOT engage in improper and/or unauthorized use of the Information or Website. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Information or any other information accessed or purchased through our Website, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
- You will NOT duplicate, share, trade, sell, or otherwise distribute the Information or Website to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Information for their own personal use or business/commercial use. This means you cannot share or sell or any part of the Information or Website to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use such Information.
- You will NOT violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using the Information or the Website for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of other Information not made freely available to you or purchased by you.
- You will NOT reprint or republish any part of the Information or the Website for publication or compilation into your own products, programs, services or Information for your own personal use or business/commercial use or in any way that earns you money.
- You will NOT use the Information or Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
- You may NOT engage in improper and/or unauthorized use of our Information or the Website. Unless otherwise explicitly authorized in this Agreement, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Information or any other information accessed or purchased through the Website or any other communications provided by us to you promoting or relating to the Information or the Website.
Notwithstanding the foregoing, you may share User Automations freely with other users of the Website, for so long as neither you nor any other user receives any compensation for transferring or receiving such User Automations; however, you agree not to use such User Automations outside of the Website or to claim any ownership or intellectual property rights with respect to any User Automation (including, without limitation, its contents). You acknowledge that User Automations, as Information, represent the proprietary content of the Company.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Information or Website as set forth in this Agreement is considered theft and/or infringement and we retain the right to prosecute it to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use of the Information or the Website may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing
You may establish a hypertext link to the Website or Information so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in the Website or Information and does not state or imply that we are have sponsored, endorsed or have ownership rights in the Website. However, you may not frame or inline link our Information without our written permission.
Your License to Us
By posting or submitting any material on or through our Information or Website, such as comments, posts, photos, images videos, the contents of any User Automation or other contributions, you are representing that you are the owner of all such materials and that you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through the Information or the Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Information or the Website. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos, User Automations or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Information at any time for any reason whatsoever.
By using our Information and accessing our Website, including our any social media profile or community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your use or access of the Information or the Website in our current or future programs, products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Information
Any request for written permission to use our Information, in whole or in part, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use it by completing the “Contact” form on this Website, or by sending an e-mail to firstname.lastname@example.org.
You may NOT use Information or Website, in whole or in part, in any way that is contrary to this Agreement unless we have given you specific written permission to do so.
If you are granted permission by us, you agree to use the specific Information that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the Information in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Information from us, and you consent to immediately stop using such Information and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Information and the Website.
When you apply for, enroll in, upgrade to, join, signup, and/or purchase or use our Information or Website, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use commercially reasonable efforts to keep your Confidential Information safe, secure and confidential. When you submit Confidential Information via a program, product or service provided by the Company or Information, we take commercially reasonable measures to protect the security of your Confidential Information both online and offline. However, the Company expressly does not warrant or guarantee the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information will be done solely at your own risk.
Personal Responsibility and Assumption of Risk
As a Licensee or a User, you agree that you are using your own judgment in using the Information or Website and you agree that you are doing so at your own risk. The Information or Website are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Information or Website. The Information or Website are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Information or Website.
We take commercially reasonable precautions to protect the Information or Website. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Information or Website or the contributions or information transmitted to us on or through the Website or the Information or Website. Submitting contributions or information on our through the Information or Website is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of the Information or Website and you agree that you are assuming such risks.
You are agreeing that you will not use the Information or Website in any way that causes or is likely to cause them, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from you to this Website, any Information or us.
You must use the Information or Website for lawful purposes only. You agree that you will not use the Information or Website in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
- To send, negatively impact, or infect the Information or Website with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
- To cause annoyance, inconvenience or needless anxiety;
- To impersonate any third party or otherwise mislead as to the origin of your contributions; or
- To reproduce, duplicate, copy or resell any part of the Information or Website in a way that is not in compliance with this Agreement or any other agreement with us.
If you have a question or concern about the Information or the Webpage, you may send an e-mail to email@example.com and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying for any Programs, Products or Services by debit card, or credit card or other merchant account such as PayPal, you give us permission to automatically charge your credit or debit card as payment for such Programs, Products or Services without any additional authorization, for which you will receive an electronic receipt. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise such Programs, Products or Services will not continue, and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with this Agreement or voluntarily decide to withdraw from such Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Information purchased. All information obtained during your purchase or transaction for the Programs, Products or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. You agree to only purchase Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use Programs, Products or Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in this Agreement that you have agreed to prior to completing the purchase of any Programs, Products or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Information (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Information, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of the Website or its Information.
Confidentiality and Privacy
What We Do With Confidential Information
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Information, (3) to periodically send promotions about new Information or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Information you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Information.
All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Confidentiality and Disclosure
Viewing by Others
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Information, the Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on the Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of the Information or Website may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Information.
To use certain features of our Programs, Products or Services or other Information, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Programs, Products or Services, other Information, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products or Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use commercially reasonable efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
INDEMNIFICATION, RELEASE OF CLAIMS, LIMITED LIABILITY AND DISPUTE RESOLUTION
You agree at all times to defend, indemnify and hold harmless the Company, as well as any and all Company Persons, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Information or Website, or your breach of any obligation, warranty, representation or covenant set forth in this Agreement or in any other agreement with us.
Release of Claims
By accessing or using this Website or the Information, you hereby fully and completely hold harmless, indemnify and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company’s business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Information or the Website.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on the Website or in connection with the Information. We do not assume liability due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in providing any Information or any contents of the Website or in any way or in any location. In the event that you use the Information or Website or any other information provided by us or affiliated with us, we assume no responsibility.
The Company is not responsible for any damages, injury or economic loss arising from the use of the content of the Information provided by the Company or by any third party on the Website.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
It is hoped that should we ever have any differences, we could be able to work them out amicably. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us and include all of your reasons for dissatisfaction with your Program. You also agree that should arbitration take place, it will be held in Miami, Florida, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. You further understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that this document shall be construed with the laws of the State of Florida.
By using or accessing the Information or Website, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to the Company referenced above or you thereby waive the right to seek dispute resolution by arbitration or to take any other legal action.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Company, any Company Person, or any of its programs, products or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
SEVERABILITY; ASSIGNMENT; ENTIRE AGREEMENT, HEADINGS
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. This Agreement shall bind and inure to the benefit of your and our respective successors and assigns. This Agreement is freely assignable by us, but any transfer, assignment or delegation by you, without our prior written consent, is invalid. This Agreement constitutes the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties. The headings of this Agreement are provided for convenience only and shall not affect its construction or interpretation.
If you have any questions, please contact us at firstname.lastname@example.org. Thank you.