THIS AGREEMENT WAS LAST UPDATED ON May 1st, 2020
PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES OF THETOOLSOFTHETRADE.IO
Changes to the Agreement.
The Tools of the Trade is a content provider and publisher. We Are Not Financial Advisors or a Broker/Dealer: Neither the Tools of the Trade nor any of its officers, employees, representatives, agents, or independent contractors are, in such capacities, licensed financial advisors, registered investment advisers, or registered broker-dealers. The Tools of the Trade does not provide investment or financial advice or make investment recommendations, nor is it in the business of transacting trades, nor does it direct client commodity accounts or give commodity trading advice tailored to any particular client’s situation. Nothing contained in this communication constitutes a solicitation, recommendation, promotion, endorsement, or offer by the Tools of the Trade of any particular security, transaction, or investment. You further understand and agree that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter
Securities Used as Examples: Any cryptocurrency or security used in this example is used for illustrative purposes only. the Tools of the Trade is not recommending that you buy or sell this security. Past performance shown in examples may not be indicative of future performance.
Return on Investment “ROI” Examples: Any security used in this example is for illustrative purposes only. The calculation used to determine the return on investment “ROI” does not include the number of trades, commissions, or any other factors used to determine ROI. The ROI calculation measures the profitability of investment and, as such, there are alternative methods to calculate/express it. All information provided are for educational purposes only and does not imply, express, or guarantee future returns. Past performance shown in examples may not be indicative of future performance.
Investing Risk: Trading securities and cryptocurrencies can involve high risk and the loss of any and all funds invested. Investment information provided may not be appropriate for all investors and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance.
You understand and agree that performance data is supplied by sources believed to be reliable, that the calculations in any the Tools of the Trade publication or service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.
BEFORE SELLING OR BUYING ANY CRYPTOCURRENCY OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
In order to access certain features of the Service, you will have to become a member of the Tools of the Trade by subscribing and creating a the Tools of the Trade account. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. You may never use another user’s account without permission.
By providing the Tools of the Trade your email address you consent to our using the email address to send you Service-related notices, including any notice required by law, in lieu of written communication by postal mail. You may unsubscribe to certain email communications at any time. We may also use your email address to send you other messages, including changes to the Tools of the Trade features and special offers. If you do not want to receive such email messages, you may opt out and unsubscribe at any time.
Fees and Payments.
a. For subscribers to the Tools of the Trade course service only, you agree to pay the one time purchase fee and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. All products sales are final as you cannot return digital products once purchased. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you want to change your service, or change or update any other relevant account information, you may do so by clicking your account page link located within your profile settings of the dashboard page when you are logged in. If you believe someone has accessed the Tools of the Trade using your user name and password without your authorization, you must immediately notify us via email at email@example.com
b. the Tools of the Trade will automatically bill you according to your subscription choice upon completion of the registration form and checkout page. No refunds will be processed for any reason due to the nature of content and immediate use of the Tools of the Trade platform.
Limitations on Use.
a. Access to the subscriber areas of the Tools of the Trade is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access the Tools of the Trade at the same time using the same user name or password, unless otherwise expressly permitted in writing by the Tools of the Trade
b. The content available through the Tools of the Trade, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the Content for your personal, non-commercial use only. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. the Tools of the Trade reserves all rights not expressly granted herein in the Service and its Content. the Tools of the Trade may terminate this license at any time for any reason or no reason.
You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family.
c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. You agree not to post any Content from the Tools of the Trade to newsgroups, Discord, Telegram, Social media, mail lists or electronic bulletin boards, without our written consent.
To request consent for uses of the Content and Service not expressly permitted by this Agreement, please contact the Tools of the Trade customer service at firstname.lastname@example.org
d. You agree not to use the Tools of the Trade for any unlawful purpose. We reserve the right to terminate or restrict your access to the Tools of the Trade at any time and without notice if, in our opinion, your use of the Tools of the Trade may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. Any termination will not lead to any refund nor prorated refund.
Code of Conduct.
While using any the Tools of the Trade product or service, you agree not to:
Restrict or inhibit any other visitor or member from using any the Tools of the Trade product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the the Tools of the Trade web site;
Use any the Tools of the Trade product or service for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Engage in spamming;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Tools of the Trade web site;
Remove any copyright, trademark, or other proprietary rights notices contained in the the Tools of the Trade web site;
“Frame” or “mirror” any part of the Tools of the Trade web site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any the Tools of the Trade product or service or its contents;
Harvest or collect information about visitors to or members of the Tools of the Trade without their express consent; or
Permit anyone without an account or subscription to use any the Tools of the Trade product or service through your subscription, user name or password.
While using the Tools of the Trade products or services you agree to comply with all applicable laws, rules and regulations.
Additional Representations and Warranties.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and the Tools of the Trade use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
Links to Other Websites.
Disclaimers of Warranties and Limitations on Liability.
YOU AGREE THAT YOUR ACCESS TO AND USE OF the Tools of the Trade AND THE CONTENT AVAILABLE THROUGH the Tools of the Trade IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. the Tools of the Trade AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS (“the Tools of the Trade “) SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, the Tools of the Trade PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU’RE USE OF the Tools of the Trade PRODUCTS OR SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITE ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT the Tools of the Trade PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF the Tools of the Trade FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF the Tools of the Trade PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
YOU AGREE THAT THE MAXIMUM LIABILITY OF the Tools of the Trade FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY the Tools of the Trade PRODUCTS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. the Tools of the Trade make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Agreement contains the final and entire agreement between you and the Tools of the Trade regarding your use of the Tools of the Trade and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of the Tools of the Trade. the Tools of the Trade may discontinue or change the Tools of the Trade, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree to indemnify, defend and hold the Tools of the Trade Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any the Tools of the Trade products or services.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the the Tools of the Trade, in a location in the location within the state of California USA. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Tools of the Trade agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
the Tools of the Trade may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by the Tools of the Trade in our sole discretion. the Tools of the Trade reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.