DISCLAIMER, TERMS & CONDITIONS OF USE AND SALE
The Technical Traders, Ltd., (“TTL”, “Technical Traders”, and “Technical Traders Ltd.”) is a publishing company offering information, articles, research, educational materials, online courses, videos, mobile applications, books, guides, subscription newsletters, products and/or services (each a “Service,” and collectively, the "Services") on and through www.thetechnicaltraders.com, mobile apps, and other websites or platforms we may operate or maintain from time to time (“Website” or “Websites”). The Services include certain Services provided free of charge (“Free Services”) as well as Services for which you must pay a one-time fee, subscription fee, or other fee in order to have access, including, but not limited to, premium content and memberships (“Premium Services”). The terms and conditions below apply to both Free Services and Premium Services (except where indicated below that the relevant terms apply only to a designated Premium Service). These Terms apply to all Services, whether purchased or used separately, or as part of a membership package, or any solution or bundled package of Services. If you purchase or use Services that are sold or otherwise provided together as a solution or bundled package (as opposed to your purchasing or using Services separately), termination of any part of the Services will result in the termination of all Services provided as part of the solution or bundled package.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE OR PURCHASING ANY SERVICES FROM THE WEBSITE. YOUR ACCESS, PURCHASE, AND/OR USE OF OUR WEBSITE AND/OR SERVICES SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT TO BE BOUND BY THEM (“TERMS AND CONDITIONS” OR “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USING THIS WEBSITE AND DO NOT PURCHASE ANY OF THE PRODUCTS OR SERVICES THEREIN. WE MAY CHANGE THESE TERMS AT ANY TIME AND YOUR CONTINUED USE OF OUR WEBSITES AND/OR OUR SERVICES MEANS THAT YOU ACCEPT ANY NEW OR MODIFIED TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICES.
THERE IS A SUBSTANTIAL RISK FOR LOSS WHEN TRADING SECURITIES AS THEY ARE HIGHLY SUSCEPTIBLE TO THE RISKS AND UNCERTAINTIES OF CERTAIN ECONOMIC CONDITIONS. THE TECHNICAL TRADERS LTD. DOES NOT OFFER OR PROVIDE ANY INDIVIDUAL OR PERSONALIZED INVESTMENT ADVICE, AND YOU SHOULD SEEK ADVICE FROM A QUALIFIED INVESTMENT ADVISOR PRIOR TO MAKING ANY INVESTMENT DECISION.
The Technical Traders Ltd. is not a registered financial advisory but rather a publishing company that shares its research, trades, and portfolio with subscribers. You acknowledge that Technical Traders Ltd. is not providing you any financial advice, you accept that you are solely responsible for all of your financial and trading decisions, and you agree that Technical Traders Ltd. is not responsible for any financial or trading decision you make regardless of any of our publications. The Technical Traders Ltd. website at www.thetechnicaltraders.com (“Website”) and all free and premium publications and services, including any facts, views, opinions, recommendations, trades, trading strategies or systems, or descriptions of or references to products or securities, made available by Technical Traders Ltd. (“Services”) are: (a) not tailored for any individual; (b) for educational purposes only; and (c) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, or sponsorship of any entity or security by Technical Traders Ltd. For all these reasons and others, your use of the information provided on this Website, or any Services, should be based upon your own due diligence and judgment of how best to use the information, and subsequently independently verified by a licensed broker, registered investment advisor, or certified financial planner.
The information found on this Website and in the Services has been prepared without regard to any particular investor’s investment objectives, financial situation, needs, capacity, and trading ability, or experience. The Technical Traders Ltd. does not know any of the relevant facts about you and your finances, such as your financial needs, capacity, knowledge, trading ability, or experience, or anything else about you other than your name, your email address, and any required credit card and other information you may have provided to subscribe to our Services, and therefore we cannot and do not claim or represent that any particular Service is suitable for you. No information nor any opinion expressed on the Website or in the Services shall constitute an offer to sell or a solicitation or an offer to buy any securities mentioned therein.
Trading securities and options involve risk. Prior to buying or selling an option, you must receive and review a copy of Characteristics and Risks of Standardized Options from your broker. Investors and traders need a broker and must meet suitability requirements to trade securities and options. Certain options may require additional approvals and margin accounts. Trading or investing whether on margin or otherwise carries a high level of risk and may not be suitable for all persons. Leverage can work against you as well as for you, so please talk to your broker before trading options.
YOU AGREE THAT ANY RECOMMENDATION OR ACTION TAKEN BY THE WEBSITE OR SERVICE DOES NOT CONSTITUTE A RECOMMENDATION THAT A PARTICULAR SECURITY, STRATEGY, OR ACTION IS SUITABLE FOR YOU. ACCORDINGLY, YOU SHOULD NOT RELY ON INFORMATION ON THIS WEBSITE OR IN THE SERVICES AS THE BASIS FOR YOUR TRADING AND/OR INVESTMENT DECISIONS AND AS SUCH YOU SHOULD NOT ACT ON ANY INFORMATION ON THIS WEBSITE OR IN THE SERVICES WITHOUT OBTAINING SPECIFIC PERSONAL ADVICE FROM YOUR FINANCIAL ADVISOR BEFOREHAND.
By using our Website and/or Services, you are agreeing that you bear responsibility for your own investment research, trades, and investment decisions. Only you can decide whether or not a trade is right for you and you agree to be liable for any trades you initiate at your brokerage using research and/or tools that we provide. If you ignore our advice to do independent research and choose instead to trade solely on the information, analysis, alerts, or opinions found in our Services or Website, you have made a conscious, willing, free, and personal decision to do so. You also agree that Technical Traders Ltd., its directors, its employees, subsidiaries, contractors, affiliates, and its agents will not be liable for any investment decision, trade, or any action taken by you based on news, information, opinion, or any other material published through our website and Services.
Any statements and/or examples of earnings or income, including hypothetical or simulated performance results, are solely for illustrative purposes and are not to be considered as average earnings. Prior successes and past performance with regards to earnings and income are not an indication of potential future success or performance. There can be no assurances of future success or performance and we will not be responsible for the success or failure of any individual or entity which implements information received from this site.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS, IN GENERAL, ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
Please see below for more details concerning our Disclaimer Concerning our Content, Disclaimer of Warranties, Limitation of Liability, and Indemnification.
You agree not to access this website by any other means other than through the interfaces we provide for use. You further agree not to use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our website without our prior consent. You also agree not to take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts or damages the functioning of our systems or Services. We reserve the right to take any necessary action in response to a violation of the above provisions.
With respect to any Services provided through a web or mobile app (an “App”), we grant you a limited, terminable, non-exclusive license to download and install a single copy of the App solely on your own computer or mobile device, for use solely to connect to and use the Services as permitted under these Terms. This license is not transferable to any third party. On termination of the Services for any reason, including in the event you close your User Account, you will delete any downloaded or installed copies of the App.
You acknowledge that these Terms is between the Technical Traders and you, and not with the owner or operator of any app store through which the App is distributed (the “App Store Provider”). In addition to these Terms, your use of the App and any Services provided through the App will be subject to the terms of any user agreement associated with the App Store Provider or other venue through which you downloaded or obtained the App.
Without limiting these Terms: (a) the Technical Traders is solely responsible for providing any maintenance and support services with respect to the app as provided in these Terms or under applicable law, and the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the associated Services; (b) the App Store Provider is not responsible for any product warranties for the App or the Services. To the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Technical Traders’ sole responsibility; (c) the Technical Traders, and not the App Store Provider, is responsible for addressing any claims from you or any third party relating to the App and the Services.
The Technical Traders and you acknowledge and agree that the App Store Provider is a third-party beneficiary of the provision of this Section and other provisions these Terms applicable to the App Store Provider hereunder and upon your acceptance of the terms and conditions of these Terms, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce such provisions of these Terms against you as a third-party beneficiary thereof.
Any personal information that you provide us is processed and stored in Canada and the United States and may be subject to U.S. and Canadian laws and jurisdiction. You acknowledge and agree that the foregoing constitutes prior written notice to you of, and your consent to the collection and use of your personal information as described.
Technical Traders Ltd. reserves the right to collect and use data about you and your use of the Service for its own internal purposes such as, for example, performing statistical analyses to assist us in improving the Service. Technical Traders Ltd. further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. Technical Traders Ltd. may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your consent to such distribution in response to a request made by Technical Traders Ltd.
WE WILL NEVER SELL YOUR PERSONAL INFORMATION OR OTHERWISE USE YOUR PERSONAL INFORMATION IN ANY MANNER OTHER THAN PROVIDING YOU THE SERVICE YOU HAVE SIGNED UP FOR.
The Technical Traders Ltd. is a publisher of financial information, not an investment adviser. We rely upon the “publisher’s exclusion” from the definition of investment adviser under Section 202(a)(11)(D) of the U.S. federal Investment Advisers Act of 1940 and corresponding state securities laws. We do not provide personalized or individualized investment advice. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You acknowledge and agree that no Content (defined below) published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing, or selling any particular investment, security, portfolio, commodity, transaction or investment strategy. To the extent that any of the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
“Content” means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio (including, but not limited to, access to conference calls), software, analytic tools, and any visual, audial or digital content made available on or through our Website or Services.
We reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular outside contributors, experts or representatives, ceasing to provide access to a Service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that the Technical Traders shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continued use of the changed or modified Content and/or Services, and/or continued access to the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.
The Services and/or Content are not to be used or construed as a recommendation or offer to buy or sell, or a solicitation of an offer to buy or sell, any security, company, financial product or instrument, or to participate in any particular investment strategy, by the Technical Trader, its employees, or any third party. None of our personnel, including, but not limited to, editorial staff, employees, outside contributors, or independent contractors, will provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice.
Information contained on our Website and Services is based on data obtained from recognized statistical services, issuer reports or communications, or other sources, believed to be reliable. However, such information has not been verified by Technical Traders Ltd. or any of our employees and we make no claims, representations or warranties, or otherwise takes any responsibility as to the accuracy, completeness or truth of any material, recommendation or information contained herein. Further, we are not liable for any errors or delays in the content or transmission of the data on our Website and Services.
Testimonials are 3rd party verified and believed to be true based on the representations of the persons providing the testimonials, but facts stated in testimonials have not been independently audited or verified. Further, there has not been any attempt to determine whether any testimonials are representative of the experiences of all persons using the methods described herein or to compare the experiences of the persons giving the testimonials after the testimonials were given. You should not necessarily expect the same or similar results.
There may be instances when fundamental, technical, and quantitative opinions found in our paid or free content may not be in concert or may differ from opinions and commentary provided by and in other Services. The Technical Traders Ltd. does not guarantee the veracity, reliability or completeness of any information, content, advertisements provided in our Website, Services or third-party websites or Affiliates. Neither information nor any opinion expressed on our Website and Services, whether paid or free, shall constitute an offer to sell or a solicitation or an offer to buy any securities mentioned herein. Technical Traders Ltd. and our respective officers, directors, analysts, or employees may have positions in securities referred to herein.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
To the extent any of the Services involve a model portfolio of investments, such portfolio provides investment ideas and/or provides information regarding investments and is chosen by us in accordance with our stated investment strategy and is for informational purposes only. Your actual results may differ from results reported for the portfolio for many reasons, including, but not limited to, trading commissions or pricing differences due to timing of a purchase or sale of an investment in the portfolio; and
The information, research and opinions, and other Content that the Technical Traders provides as part of the Services are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon. You should not rely solely upon such information, research, and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence and to seek the advice of a qualified investment professional before you make any investment. None of the information provided as part of our Services constitutes or is intended to constitute, a recommendation by us of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of the Technical Traders’ model portfolio products or in any of the other Services, is speculative in nature and involves a substantial risk of loss of the money invested.
All of the Content on our Website and Services we provide is the property of The Technical Traders Ltd. and/or providers of the Content under license. Such Content is protected by U.S., Canadian and worldwide copyright laws and treaty provisions. Our Content is intended for individual, non-commercial use only and can only be redistributed by license or with written permission.
4. LICENSE TO ACCESS AND USE, USE RESTRICTIONS, AND USER REPRESENTATIONS & WARRANTIES
TTL grants you a limited, non-exclusive, and non-transferable license to access and use the Services, including search, retrieve, display, download, and print Content provided by Technical Traders Ltd. for your personal use, and shall make no other use of such content without the express written permission of Technical Traders Ltd. You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2021 The Technical Trader Ltd.”.
You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Services or Content. In no event shall you use any Content available through the Services for any other purpose, or provide access to any Service, or copy, disclose, share or redistribute any such Content to any third party for any other use. The Technical Traders reserves all rights not expressly granted in and to the Services and/or the Content.
Except as expressly provided herein, you agree not to modify, reproduce, make derivative works of, retransmit, sell, publish, communicate, broadcast, or otherwise make available any of the Content by any means including without limitation by caching, framing, or deep-linking without the prior written consent of Technical Traders Ltd. You agree that you do not acquire any ownership rights in any such content that you use, and you will not delete or alter any proprietary rights or attribution notices in any Content. You further agree to not display any of the Technical Traders' trademarks or use them in any manner without our express written permission. You further agree that all rights in the Service and any of the Content not granted to you under these Terms are expressly reserved by Technical Traders Ltd.
In connection with your use of the Service, the Service may provide you links to other third-party web sites that are not owned, licensed, or controlled by Technical Traders Ltd. and which contain content that is not owned, licensed, or controlled by Technical Traders Ltd. (collectively, the "Third-Party Sites and Content"). These Terms grant you no rights or licenses with respect to any Third-Party Sites and Content and you agree that your use of any Third-Party Sites and Content shall be in accordance with any agreements or other governing rules applicable to such Third-Party Sites and Content. You acknowledge and agree that the Third-Party Sites and Content and their content can and will change during the course of your use of the Service and Technical Traders Ltd. has no obligation to maintain or provide any Third-Party Sites and Content. You further agree that you are the sole user authorized to view, access, search, comment, or otherwise use the Service in connection with your membership. Sharing of memberships is strictly prohibited and is considered a material breach of these Terms that will result in the immediate termination of your subscription(s) and access to the Service without reimbursement.
TECHNICAL TRADERS LTD. EMPLOYS 3rd PARTY SOFTWARE TO MONITOR FRAUDULENT ACTIVITY SUCH AS SHARING OF MEMBERSHIPS, DISTRIBUTION OF CONTENT, AND UNAUTHORIZED ACCESS TO THE SERVICE. YOU AGREE THAT ANY SHARING COULD RESULT IN IRREPARABLE HARM TO TECHNICAL TRADERS LTD. AND, AS SUCH, TECHNICAL TRADERS LTD. IS ENTITLED TO SEEK ALL REMEDIES AVAILABLE TO IT IN LAW AND EQUITY FOR ANY SUCH BREACH. FURTHER, ANY FRAUDULENT ACTIVITY COULD RESULT IN CRIMINAL AND/OR CIVIL LIABILITY.
We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof for any reason, with or without notice and without any liability to you or any third party, including if in our sole determination you breach or violate any provision of these Terms, commit fraud or other abuse in your use of the Services if we believe that such suspension or termination is necessary for the security of the Services, Content or any user data, or for no reason.
5. INTELLECTUAL PROPERTY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and to (a) the Services and the Content; (b) all registered and unregistered trademarks, service marks and logos; (c) all trade secrets, proprietary information, our confidential information, and know-how; (d) all registered and unregistered copyrights including, but not limited to, any text, video, audio, forms, images, displays, and software; (e) Processed Data (defined below); (f) Activity Metadata (defined below), (g) Feedback (defined below), and (h) all other intellectual property, proprietary rights or other rights related to the tangible or intangible property which is used, developed, comprising, embodied in or practiced in connection with any of the Services identified herein (collectively, “Technical Traders Intellectual Property Rights”) are owned by the Technical Traders, and you agree to make no claim of interest in or ownership of any such Technical Traders Intellectual Property Rights. You acknowledge and agree that no title to the Technical Traders Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in any of the Services, other than the rights expressly granted herein. The right, title, and interest to your user data is owned by you.
Except as otherwise provided herein, you may access and use the Content, and download and/or print out one copy of the Content solely for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright [applicable year]. Technical Traders. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of the Content, is prohibited without our prior written permission. You acknowledge and agree that you do not acquire any ownership rights in the Content by using the Services. You agree not to create any modification or derivative work based on or containing the Services and/or Content.
“Technical Traders” and certain other marks used on the Services are trademarks and/or service marks of the Technical Traders. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
If you provide any feedback, reviews, or suggest any changes or modifications to any Service (“Feedback”), such Feedback shall be deemed non-confidential and the Technical Traders will own all rights, title, and interest in, and shall have all rights to use such Feedback. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback and agree to provide us any assistance we may require to document, perfect and maintain our rights in the Feedback. You may not remove, modify or obscure any copyright, trademark, or other proprietary rights notices that appear on any Service. You agree that any derivative or transformed data derived by us in whole or part from User Data that does not include your personal information shall be the exclusive property of the Technical Traders, and nothing herein shall limit our use or exploitation thereof.
6. PREMIUM SERVICES
A. Subscriptions, Fees, User Accounts, and Payments
Some of the Technical Traders Ltd. Services require payment prior to accessing the Service ("Premium Services"). As consideration for the Premium Services, you purchase you agree to promptly pay the Technical Traders all applicable prices and fees (collectively, the “Fees”) as designated in the related order process, with such Fees subject to change as provided in these Terms. All Fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided herein or as required by applicable law.
If you wish to access a Premium Service, then you will be redirected to our 3rd-party payment processor (PayPal or Stripe) to process your credit card payment. When subscribing to a Premium Service you will need to provide us with your name, email address, billing, and shipping addresses, as well as your credit card information. You agree to pay the applicable subscription Fee as set forth on the Website at the time of the purchase of the Service or its renewal, including any sales taxes that may be charged in addition to the Fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION TO THE TECHNICAL TRADERS LTD. TO CHARGE YOU FOR CURRENT AND FUTURE PURCHASES, INCLUDING AUTOMATED SUBSCRIPTION RENEWALS, AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL THE SERVICE PRIOR TO ANY RENEWAL. You certify that all information you provide is accurate, and you may update your information in your Member Portal here.
We reserve the right, in our sole discretion, to change or modify the Fees, charges, or other conditions for use of the Premium Services upon reasonable notice to you. Unless otherwise indicated in your invoice, you are responsible for the payment of, and accordingly, agree to promptly pay, all applicable taxes relating to the Services or payments made by you hereunder including, but not limited to, sales tax, use tax, and other taxes and governmental charges, whether federal, state or foreign as well as all duties and charges on your payment for the purchase of Premium Services arising from any Fees. All payments of Fees shall be made in U.S. dollars. Taxes will be calculated based on where you receive services determined by your User Account address. All taxes charged will be reflected in your invoice upon payment.
Our transaction processing is supported only in U.S. dollars and if the currency of your bank or credit card account is not in U.S. dollars, you may be charged exchange rate conversion fees by your bank or credit card company. Unless otherwise stipulated in the related order process, payment for the Premium Services are to be made via a charge to your credit card, bank account, or other payment methods we deem acceptable that you provide to us (the “Payment Account”).
You are solely and absolutely responsible for any information related to the Payment Account that you provide to the Technical Traders and must promptly inform us of any changes or updates to the method of payment. By submitting an order to purchase a Premium Service, you authorize us to charge the order to the Payment Account or to otherwise immediately bill you for such Premium Services. You acknowledge and agree that unless otherwise expressly stated in the order process, all annual, monthly or other recurring Fees related to the Premium Services are to be recurring transactions that will be billed on an ongoing basis until such Premium Services are terminated. If you have provided billing information sufficient for automatic billing, then we will bill you automatically in accordance with the applicable billing frequency.
You agree to pay all Fees and other charges incurred in connection with your Payment Account (including, but not limited to, any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. Without limiting any of the Technical Traders’ rights hereunder, should any Fee payment become delinquent, we may suspend or cancel your Services; provided, however, related charges will continue to accrue. You acknowledge and agree that the Technical Traders is not responsible whatsoever for any effect the suspension of Services might have on you or any third party. If the Technical Traders provides any Service discount to you and you default on payments or obligations as outlined herein, the Technical Traders may rescind all discounts and require full payment for the Services.
If you pay for the Services by credit card or another applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is, a disputed, reversed, or contested charge with the applicable bank card, credit card or other payment methods) against these Fee payments for any reason whatsoever against the Technical Traders. If for any reason the Technical Traders is unable to charge your Payment Account for the full amount of the Fee owed for the Services provided, or if we receive notification of an improper chargeback, reversal, payment dispute or are charged a penalty for any Fee previously charged to your Payment Account, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your Services. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your non-compliance with these Terms (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include but are not limited to: (i) customer service issues that require additional personal time or attention; and (ii) recouping any and all costs and fees incurred by the Technical Traders as the result of improper chargebacks or other payment disputes brought by you, your bank or other payment method processor, including credit card processing fees, refund fees, and penalties, etc. These administrative fees or processing fees will be billed to the Payment Account you have on file with the Technical Traders.
YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT THE TECHNICAL TRADERS MAY CHANGE ANY PRICE, FEE, RATE, OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THESE TERMS. Information regarding current subscription rates for our Premium Services can be found by contacting our Client Care Team by telephone at 833-383-2546 Monday through Friday between the hours of 9:30 a.m. and 4:00 p.m, or by email at firstname.lastname@example.org.
B. User Account
In order to access certain Services, you must apply and register for an account for the Service (“User Account”). When you register for a User Account, you will be issued a user ID, associated password, or other login credentials (“Credentials”), which will be assigned specifically to you. The Technical Traders, in its sole discretion, may deny User Account registration to you for any or no reason. You may only activate one (1) User Account. The Technical Traders may rely on the accuracy of such information provided by you in your User Account and on any activity on the Service conducted through the use of Credentials.
You are solely responsible for your use of the Service, for all use of the Service made by others using your Credentials, and for ensuring that such use complies fully with the provisions of these Terms and Conditions. You are further responsible for the confidentiality and use of your username, login name, login password, screen name, and any access numbers, names or additional passwords.
In selecting a username, login name, and screen name, you may not impersonate any other person or entity, nor may you attempt to communicate anonymously with Technical Traders Ltd. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols). You are responsible for all communications made through the Website and Services using your username, login name, login password, or screen name. You must immediately notify Technical Traders Ltd. if you become aware of any loss or theft of your username, login name, login password, or screen name or any unauthorized use of your username, login name, login password, or screen name.
You are solely responsible for all activities that occur under your User Account whether by you or any other person who gains access to the Service by use of your Credentials or otherwise as a result of your failure to use reasonable security precautions. You agree that in no event shall the Technical Traders be responsible for any losses directly or indirectly caused by the unauthorized use or misuse of your User Account or Credentials. You are not permitted to transfer to or resell your use of or access to the Services or Content to any third party.
C. Term and Subscription Renewals
Your subscription will continue for the period referenced during registration (the “Term”) and renew automatically at the end of the Term, unless you notify us that you are not renewing your subscription by calling our Client Care Team at 833-383-2546 Monday through Friday between the hours of 9:30 a.m. and 4:00 p.m. ET, by emailing us at email@example.com, or by another designated cancellation method. You must notify us by using one of the foregoing methods at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew your subscription by any other means. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE.
No action by you or your failure to notify us as stated above will result in the then-applicable monthly, periodic, or annual subscription Fee being billed automatically to your Payment Account. Please note that in connection with recurring billing for subscription renewals for such Premium Services, you authorize the Technical Traders to bill the payment method(s) associated with your Payment Account, regardless of whether information associated with your subscription has changed, such as the expiration date of the credit card with which you initially subscribed.
Services to which you subscribe to on a recurring basis will automatically renew on a recurring basis until the subscription Service is properly terminated in accordance with these Terms.
You agree that if you are enrolled in or otherwise utilizing our automatic renewal service, we will attempt to renew your service at some point less than five (5) days prior to its expiration with notice to you. You further agree that to turn off the automatic renewal service for any of your Services, you must call our Client Care Team by telephone at 833-383-2546 Monday through Friday between the hours of 9:30 a.m. and 4:00 p.m. ET, by email at firstname.lastname@example.org, through our Helpdesk Support ticketing system found within the members' area, or you may be able to turn off the automatic renewal service through another method designated by us.
You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then current term of the Services and that we are authorized to charge your Payment Account for the renewal of the Services. In any event, you are solely and absolutely responsible for the credit card or payment information you provide to the Technical Traders and must promptly inform us of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that the Technical Traders may extend the expiration date on your credit card on file with us in order to protect against unwanted expiration of your Services and to allow for the automatic renewal thereof.
In the event that you are not enrolled in our automatic renewal service, or have opted out of the automatic renewal service, and want to renew your Services, you acknowledge and agree you are responsible for actively renewing your Services at the price posted on our Website. If any Service is not successfully renewed prior to the expiration of its then current Term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. You are solely and absolutely responsible for ensuring the Services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Services whether due to you, us, or a third party.
In order to process a renewal under our automatic renewal service, we may receive information from financial institutions or use third-party vendors for the purpose of updating the expiration date and account number of your credit card or other payment methods on file relating to your Payment Account. Such financial institutions and third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated information relating to your Payment Account by comparing the information we have on file with the information the financial institution or third-party vendor has on file. By using our automatic renewal service, you acknowledge and agree that we may share your credit card or other payment method information relating to your Payment Account with such financial institutions or third-party vendors for the purpose of obtaining any updates to your credit card expiration date, account number or any other information relating to your Payment Account.
D. Cancellations, Refunds, and Guarantees
When your initial subscription commences (which occurs upon your registration for a Premium Service) your Payment Account will be billed the applicable subscription Fee and your paid subscription will commence. Once your initial subscription commences, we do not provide refunds for initial orders or recurring monthly payments. If you are not satisfied with the Service, your sole and exclusive remedy is to discontinue your use of the Service. If you cancel your subscription for a specific Premium Service, you will not receive a refund or reimbursement of your subscription Fee, prorated or otherwise; however, you will not be charged any future subscription Fees relating to such Service.
You can cancel your subscription by calling our Client Care Team at 833-383-2546 Monday through Friday between the hours of 9:30 a.m. and 4:00 p.m. ET, by sending us a request to cancel through our Helpdesk Support ticket system in the members’ area, by email to email@example.com, or by any other designated cancellation method. You may not cancel a subscription by any other means. If you are entitled to a refund, we will seek to credit your Payment Account within seven to fourteen (7-14) business days following your mandatory notification to us.
If Technical Traders Ltd. decides, at its sole discretion, to issue a refund to you for any reason then you will be charged a US$25 administration fee, plus 3.5% merchant the processing fee to cover our costs to refund the Fees (“Discretionary Refund”). The Technical Traders is under no obligation to issue any refund for any reason, nor are we under any obligation to hold your account for an extended leave or vacation, but may do so at its sole discretion.
Some Services may provide a guaranteed offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one guarantee per person and household in any given twenty-four month period.
E. Transfer; Discontinuing a Service
You cannot transfer your subscription to someone else, except through bequeathment or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact the Client Care Team. In the event that we discontinue a Service, you agree that Technical Traders Ltd. may transfer your subscription to another Service of equal or greater value.
7. Disclaimer of Warranties and Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TECHNICAL TRADERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE “TECHNICAL TRADERS ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE TECHNICAL TRADERS ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY THAT YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR- FREE OR SECURE, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES, WORMS, MALICIOUS CODE, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS. THE Technical traders ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY FOR ANY SOFTWARE DOWNLOADED FROM, OR USED AS A COMPONENT OF, THE SERVICES. NO OPINION, ADVICE, OR STATEMENT OF THE TECHNICAL TRADERS ENTITIES, WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. tHE TECHNICAL TRADERS FURTHER DISCLAIMS ALL WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, AND THE TECHNICAL TRADERS DOES NOT MAKE ANY GUARANTEE OR WARRANTY AS TO ANY RESULTS (INCLUDING, BUT NOT LIMITED TO, ANY INVESTMENT RESULTS, RETURNS, PERFORMANCE, OR OTHER OUTCOMES) THAT MAY BE OBTAINED FROM THE USE OF, IN CONNECTION WITH OR IN FULL OR PARTIAL RELIANCE UPON, THE SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.
8. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE technical traders ENTITIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO these terms, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS, FOR ANY LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE OR LOSS OF DATA, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT THE technical traders ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. YOU AGREE THAT, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE TECHNICAL TRADERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT, OR OTHERWISE — EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
The commencement of any action or proceeding on any claim regarding the Services must be brought by you within one (1) year from when the claim arose. The foregoing limitation shall not apply to actions brought by you for indemnification.
You agree to indemnify, defend and hold harmless the Technical Traders Entities, their current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from:
If any Service which is subject to this indemnity is claimed, alleged, or determined to infringe a patent issued to or copyright registered by, or either owned by or licensed to, any third party, the Technical Traders shall have the right and option to modify the Services to avoid such infringement. If in our sole opinion, such modification cannot practicably be accomplished to avoid such infringement, we shall have the right to terminate the Services without liability on the part of any Technical Traders Entity to you. In the event your purchase of a Premium Service is terminated under this paragraph, we will refund to you the full price for any unused portion of such Premium Service. In such an event, Technical Traders shall have the right in our sole discretion to elect to defend against or to settle any such third-party claim or third-party suit. You shall, at the Technical Traders’ request, but at our expense, cooperate with us and provide assistance and information with respect to any such claim or suit. We shall have the right to select counsel, at our expense, to defend against any such claim or suit. If you shall also elect to be represented by your chosen counsel, you shall pay the fees and expense of such counsel. You must receive the Technical Traders’ prior written consent regarding, and in advance of, any related settlement.
This defense and indemnification obligation shall survive these Terms and your use of the Services.
10. NOTICES BETWEEN US
The Technical Traders may provide notifications, whether such notifications are required by law or are for marketing, to disclose changes or additions to our Services, or for other business-related purposes, to you via the email associated with your User Account, written or hard copy notice, or through conspicuous posting of such notice on our Services. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt-out of certain means of notification. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to any email address you provide us.
All mail notices from the Technical Traders to you are deemed effective when: (i) sent via email to the email address associated with your User Account; or (ii) posted on the login page of the Website and/or any of the applicable pages linked thereto and immediately after you log in to the Website. When you provide contact information to the Technical Traders, you agree that we may use this information to contact you in any format or manner we choose and that we may rely on the contact information provided by you to us. The Technical Traders may, but has no obligation to, send a single notice by various means of delivery, and in no event shall the Technical Traders be liable to you for choosing to send a notice in one manner or format over another.
You shall give notice to the Technical Traders by contacting our Client Care Team by telephone at 833-383.-2546, Monday through Friday between the hours of 9:30 a.m. and 4:00 p.m. ET, via email to firstname.lastname@example.org, or through the Helpdesk Support ticketing system available within your User Account.
If you are a California resident, please be advised that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
11. TERMINATION AND EFFECT OF TERMINATION
Without limiting the foregoing, the Technical Traders may terminate the Services immediately for any or no reason and with or without notice to you (including by terminating your User Account and/or access to any Service) if: (i) the Technical Traders reasonably believes that the Services are being used in violation of these Terms or applicable law; (ii) the Technical Traders believes your use of any Service interferes with the normal operations of the Service or creates any threat to the security of the Service, Website, or the Content of any other User of the Service; (iii) the Technical Traders becomes aware of what it, in its sole discretion, deems a credible claim that the Service or any portion thereof infringes upon the intellectual property rights of a third party; (iv) the Technical Traders is required to do so by law; (v) in the case of Free Services, the Technical Traders reserves the right to terminate User Accounts related to Free Services that remain idle for a period of thirty (30) days or more; or (vi) in the event you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any Fees payable to the Technical Traders.
For the avoidance of doubt, if you purchase Premium Services which are sold together as a solution or bundled package of Services, any termination relating to any one Service or bundled package will terminate all Services included in such solution or bundled package, provided, however, that we may, in our sole discretion and subject to your agreement to be bound by these Terms and to pay the applicable Fees, allow you to convert certain Services included in the bundled Services to stand-alone Services.
Without limiting Section 6(D), you may terminate the Services at any time, except that such termination does not relieve you from your obligation to pay any Fees for Premium Services for the remainder of the applicable Term.
Upon the effective date of termination, the Technical Traders will no longer provide the Services to you, any licenses granted to you will immediately terminate, and you must cease using such Services immediately, and all rights and obligations of the parties hereunder shall terminate, except that Sections 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, as well as any right or obligation in these Terms, which, by its express terms or nature and context is intended to survive expiration or termination of these Terms, shall survive expiration or termination of these Terms.
You agree that if their User Account is so, you will not attempt to establish a new User Account or otherwise engage in infringing our copyrights or other intellectual property rights under any name, real or assumed.
In order to comply with applicable law or other recordkeeping practices in the ordinary course of our business, or to otherwise enforce our rights under these Terms, we may retain indefinitely for our records a copy of any and all User Data. We are not responsible for maintaining any records on your behalf.
12. GOVERNING LAW AND VENUE
These Terms are governed under the laws of the Province of Ontario, Canada, and you agree that any judicial proceeding, suit or other action relating to or arising under these Terms, the Services or a breach of any your User Data, will be commenced only in a federal or provincial court of competent jurisdiction located in the City of Toronto in the Province of Ontario. You consent to the personal and exclusive jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under these terms or the Services. You also agree to waive the right to file a class action claim relating to or arising under these Terms or the Services.
In the event you bring a claim against the Technical Traders in a foreign jurisdiction (a court other than in Toronto, Ontario), the Technical Traders will move the court to dismiss such claim per your acceptance of these Terms existing at the time of your purchase of, use of, or access to the Services and your continued use of the Services as evidence of acceptance of these Terms and this Section. The parties agree that the foregoing obligation is independent from all other obligations herein. You acknowledge that in the event you commence a judicial proceeding in any court other than the courts in Toronto, Ontario as described herein, the Technical Traders may incur costs and expenses, including attorneys’ fees, to enforce this provision. You expressly agree that you will reimburse the Technical Traders for any such costs and expenses, including, but not limited to, attorneys’ fees incurred by us within ten (10) days of receiving a written demand from us for such reimbursement. You further agree that if you do not timely reimburse the Technical Traders as previously described in this Section, you will be responsible for, and agree to pay, all costs and expenses, including, but not limited to, attorneys’ fees incurred by us in seeking to collect or recover from you the amount subject to reimbursement.
These Terms and any rules posted on the Service by Technical Traders Ltd. constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either Technical Traders Ltd. or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms shall be binding upon and inure to the benefit of Technical Traders Ltd. and its successors, trustees, and permitted assigns. Technical Traders Ltd. may assign any of its rights or obligations under these Terms, with or without notice to you. Any such assignment by Technical Traders Ltd. does not relieve you of your obligations under these Terms.
These Terms, as well as any additional Technical Traders agreements, terms, and conditions, rules, policies, and agreements, together with all modifications thereto, constitute the entire agreement between you and the Technical Traders concerning your use of the Services and any other subject matter related to these Terms. These Terms supersede and govern all prior proposals, agreements, or other communications between you and the Technical Traders (including, but not limited to, any prior versions of these Terms). You may not waive, modify or supplement these Terms, in whole or in part, except by written permission or amendment by the Technical Traders.
If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. These Terms will be deemed amended to the extent necessary to make them enforceable, valid, and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the parties, and the remaining terms and provisions will remain in full force and effect.
Under no circumstances shall the Technical Traders be held liable for any cessation, interruption, delay, or failure in performance of the Services or any obligations under these Terms resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, failures of internet service providers (ISPs) or cloud-hosting providers, other equipment failures, electrical power failures, strikes, labor disputes, lockouts or boycotts, riots, terrorism, insurrections, civil disturbances, shortages of labor or materials, hurricanes, earthquakes, fire, floods, storms, natural disaster, explosions, pandemics, acts of God, armed conflict, war, governmental actions, orders of domestic or foreign courts or tribunals.