Terms of Service/Use Agreement
Updated November 1, 2018
Your access to and use of the Company Sites and Materials (including without limitation, such Websites, and products, services, subscriptions, content and features available on or provided through those websites and and other mediums, collectively “Company Content”) are conditioned on your acceptance of and compliance with these/this Pro Trading Research, LLC (“Pro Trading Research” or the “Company”) Terms of Service/Use Agreement (the “Agreement”).
BY ACCESSING OR USING THE COMPANY SITES AND MATERIALS (the “Content”) YOU CHOOSE TO ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, “AS IS” AND WITHOUT CHANGES. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE CONTENT, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY CONTENT PROVIDED BY THE COMPANY.
At any time, Pro Trading Research reserves the right to make changes, additions, and remove any parts of this Agreement or any part of the services and features provided in the Content. Your continued access and use of the Content will ALWAYS indicate your acceptance of the Agreement, including but not limited to, any provisions that change the Agreement.
- You are solely responsible for your use of the Content. You agree that you will not use the Content unless you can form a binding contract with the Company. Please read this Agreement carefully before accessing or using any Content released/provided by Pro Trading Research, or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”).
- The Company may revise this Agreement by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company Content after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.
- The content created by the Company is intended for residents of the United States of America. By accessing or using the Company Content, you affirm that you are a resident of the United States, and further affirm you will notify the Company prior to any change in your residency status.
- The content created by the Company is not intended for or directed towards children under 18 years of age. By accessing or using the Company Content, you affirm that you are over the age of 18.
GENERAL FINANCIAL DISCLAIMER
- Pro Trading Research is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities and, in particular, in trading futures and options, and in trading penny stocks. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results and you agree to hold the Company harmless for any such results or losses.
- Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Content, or any Company product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.
INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES
- The Company Content and related content (including past, present, and future versions, all graphics, layouts, texts, content, instructions, images, audio, video, designs, advertising copy, logos, domain names, brands, any and all source and object code, “look and feel” of material, etc.), including without limitation the User Submissions (as defined below), third-party applications, and any other content on the Company Content and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or its third-party licensors or providers unless otherwise specifically stated. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in this Agreement. You may not modify or use of Company Content described in this Agreement unless granted expressly granted in writing. Except as otherwise allowed in this Agreement or through expressed written permission by Pro Trading Research, you have no rights whether implied or explicit to use any Company Content. Notwithstanding, You may access and use such content solely for your own personal and non-commercial use. Violation of these terms may subject you to legal liability and penalties to the fullest extent of the law.
- Copyright/Trademarks. The Company Content are copyrighted under the laws of the United States and other similar jurisdictions. Pro Trading Research, without limitation owns a copyright to all materials contained in the Company Content. You will need express written permission from Pro Trading Research prior to any reproduction, copying, downloading, and distributing any Company Content.
- The Company Content may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.
USER SUBMISSIONS AND OTHER CONTENT
- The Company Content may contain and permit the submission of content by users, including, for example, comments, articles, links, and conversations in our chat rooms (“User Submissions”). By posting any such User Submissions, you grant the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Submission in any and all media or distribution methods (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the Company Content, including any User Submission, at any time and for any reason.
- The Company does not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Submission and does not necessarily endorse any opinions expressed therein. You understand that by using the Company Content, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. We may not monitor or control the content or User Submissions accessible on the Company Content.
- In connection with your use of the Company Content and your own User Submissions, you agree to the following:
- The content you provide is yours and original to you. You have not copied from someone else’s work, and you own all rights to the content you provide.
- You will not impersonate another person or entity.
- You will be respectful to others and their opinions. Your content may not not be used to threaten, harm, or abuse another person. More specifically you will not infringe on anyone’s civil rights, use hate speech, use profanity, vulgarity, obscenity, or pornography, publish anyone’s personally identifying information, and or anything else that would cause another user harm.
- You will not restrict or inhibit others from accessing Company Content by means of “hacking” or defacing, or otherwise limiting access to Company Content.
- Use Company Content for any unlawful purpose.
- You will not submit third party material, including without limitation, visible logos, phrases, trademarks, or otherwise infringe on anyone’s intellectual property rights.
- You will not access or use Company Content for ANY commercial purpose unless you obtain prior written permission from the Company.
- You will not attempt to contact any other User of the Company Content, unless said user expresses written approval of their willingness to be contacted.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the websites or its contents.
- Harvest or collect information about visitors to the Company Sites and Materials without their express consent.
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Company Content
- Send spam or transmit any malware or viruses or other harmful computer code, files or programs, and
- In accessing some of the Company Content, you may need to create a user account. By creating this account, you expressly agree to the following:
- You will only create one, single account for personal use.
- You will share access to your account.
- You will not share your account username and password with another person, other than a representative of the Company.
- You will not give access or authorization to any third party to your account to access any Company Content, including, but not limited to subscription, products, content, and services.
- You alone are responsible for any activity that occurs on your account.
- You will keep your passwords secure.
- You will notify the Company of any security breach or unauthorized use of your account.
- You are solely responsible for any interaction you may have with other Users. The Company is not liable for any conduct of any user, whether online or offline.
- The Company reserves to right to moderate any or all content submitted by users, however the Company does not have the obligation to monitor or become involved in disputes between you and other Users.
- The Company may grant individual users authority to moderate content. Moderators may create and adopt their own guidelines.
- You may not circumvent or attempt to circumvent any measures the Company places to protect privacy and confidentiality in your account, other user accounts, the Company, Company Affiliates, including, but not limited to encryption, firewalls, and multi-factor authentication.
TRANSPARENCY AND RESULTS CLAIMS
- To promote transparency, we may require users to verify their securities trades through various methods that we designate. If you fail to provide such verification, we may do any or all of the following: (1) disable any account that you have established through the Company Content; (2) remove any content you post, including content regarding your trades. Despite the Company’s commitment to transparency, however, the Company does not guarantee the accuracy of and shall not be liable in any way in connection with any trade information submitted by users.
- In addition, the Company Content may at times refer to a authorized representative of the Company to share their investment results, including but not limited to trading results or investment strategies. Such references should not be construed or interpreted to require the disclosure of investments and strategies that are personal in nature, that are part of estate or tax planning, or that are immaterial to the scope and nature of the Company’s educational philosophy.
SUBSCRIPTION AND PAYMENT
- In connection with any purchase of services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.
- If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.
- Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.
- If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be in the Company’s sole discretion. Your obligations hereunder, including your obligation to pay amounts owed to us under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Company Content.
- You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
- You acknowledge that you OPT-IN to be contacted by Company, the Company’s Network, and the Company’s Affiliates, and other Third Parties in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 and Canada’s Anti-Spam Law (CASL). Moreover, you specifically indemnify the Company and Company, the Company’s Network, and the Company’s Affiliates, and other Third Parties of any action in regards to CAN-SPAM or CASL that arises from a communication sent by said parties.
- No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
DISCLAIMER OF WARRANTIES
- You expressly understand and agree that the content, products, tools, and services included or obtained via or as part of the Company Content are provided on an “as is” and “as available” basis and without representations or warranties of any kind, either express or implied, to the fullest extent permitted by applicable law. The Company expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy, reliability, usefulness or completeness of any of the information contained on or in the company sites and materials.
LIMITATION OF LIABILITY
- Neither the Company nor the Company Affiliates nor any of their suppliers, advertisers, or sponsors are or will be liable for any actual, indirect, incidental, consequential, special, exemplary, punitive or other damages whether under any contract, negligence, strict liability or other theory, arising out of or relating in any way to any of the company sites and materials, or any of the content contained therein, or any product or service used or purchased through the company including, but not limited to, lost revenue or income, loss of capital, pain and suffering, emotional distress, or similar damages, even if the company has been advised of the possibility of such damages. The liability of the Company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall not exceed the greater of $100 or the total amount paid to the Company by you, if any, for materials or services (including subscriptions), during the previous six (6) months prior to bringing the claim.
- As a condition of your use of the any of the Company Content, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Content; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Content.
TERM AND TERMINATION
- Except as otherwise specified herein, these Terms commence on your first use of any of the Company Content and continue until you cease to use the Company Content or your subscription, if any, expires or has been terminated, whichever is later.
- The Company may terminate your access to and use of the Company Content at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other governmental or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Content after termination or notification of the same.
- This Agreement referenced herein constitute the entire agreement between you and the Company relating to your use of the Company Content and supersedes any and all prior or contemporaneous written or oral agreements on that subject between you and the Company. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
- The laws of the State of Utah, without reference to conflicts of law rules, govern this Agreement and any dispute of any sort that might arise between you and the Company. Except as otherwise provided in this Agreement, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
- You and the Company agree that the entirety of our relationship is a contractual one governed by this Agreement. Any controversy or claim arising out of or related to the provision of services or materials by you and the Company shall be resolved solely based of this Agreement.
- Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association (“AAA”) for arbitration in Salt Lake City, Utah, in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
- Notwithstanding anything to the contrary in the AAA Rules, you and the Company agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
- Notwithstanding the foregoing, the Company may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party's intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within State of Illinois, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
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