Terms of Service
THIS AGREEMENT DESCRIBES THE TERMS OF SERVICE GOVERNING
Trade Smart LLC
Terms of Service
Last revised: June 1, 2016
PLEASE READ AND AGREE TO THE TERMS OF SERVICE AGREEMENT BEFORE USING THIS WEBSITE.
Trade Smart LLC (hereafter referred to as "we," "us", "Trade Smart") provides the website known as TheOptionProphet.com subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, you agree to be bound by these terms and conditions. The term "Site" means this entire website, its content and services, and any communication, directly or indirectly, with Trade Smart. If you do not agree to these terms and conditions, you may not use the Site.
You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you may not access or use the Site.
This Agreement is made between Trade Smart LLC and you, the user and/or member of the Site (hereafter referred to as "you") and supersedes prior agreements regarding its subject matter. We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of any of the Site; or change any fees or charges for use of the Site. Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes to the Site and to the Agreement. Be sure to review this Agreement periodically to ensure familiarity with the most current version. The current version will always be available on the Site.
All contents of the Site are provided for information and educational purposes only. You agree that the content of the Site should not be interpreted as investment advice, accounting or legal advice, as an endorsement of any company, security, fund, or as an offer to buy or sell any security. Trade Smart is not a registered broker dealer, or financial advisor. Trade Smart does not provide personal investment advice and Trade Smart does not represent itself as a qualified investment advisor or properly licensed party. The information on the Site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Past performance is not indicative of future results.
The purchase of securities discussed by Trade Smart may result in the loss of some or all of any investment made. Trading stocks, options, or other investment vehicles are inherently filled with risk. Trade Smart recommends that you consult a stockbroker or financial advisor before buying or selling securities, or making any investment decisions. You assume the entire cost and risk of any investing and/or trading you choose to undertake.
All information provided by Trade Smart is obtained from sources believed to be accurate and reliable. However, due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. Trade Smart does not warrant the accuracy, completeness, correctness, merchant ability, or fitness for a particular purpose of the information available through the service.
You also understand and agree that Trade Smart may hold a position (i.e. stock, exchange-traded-fund, or other investment vehicle) and also buy and sell the securities found on the Site. A current listing of Trade Smart's positions will be posted for members of the Site to view and every reasonable attempt will be made to keep it updated on a regular basis. In cases where the position is held at the time of posting, Trade Smart will fully disclose any position held in a particular security at the time a stock appears on any research published by Trade Smart.
Registration for Membership: To have access to TheOptionProphet.com, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to share, transfer or resell your use of or access to Trade Smart to any third party.
Payment and Renewal: Current subscription rates and charges for Trade Smart are available via electronic mail on the Trade Smart Register page. Payment for your subscription is due in advance of the subscription activation and will renew automatically each month unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription. The appropriate annual or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period, to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You have 30 days from the date that any discrepancies in your statement or any invoice first appear to notify us; after that time, all charges will be deemed correct. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
Cancellation: You may cancel your subscription to Trade Smart by notifying PayPal.com or Stripe.com that you wish to cancel your active subscription. Cancellation will be handled by PayPal.com or Stipe.com and not Trade Smart. There are no refunds on subscriptions. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
In the event you wish to cancel your subscription during a trial period of one of our subscription services, you are required to cancel your service with us before payment is due through our merchant service. No refunds will be given after the trial period has expired and payment has been processed under any circumstance. It is the responsibility of the buyer to cancel the subscription before the trial period expires.
Money-Back Guarantee: Trade Smart offers a 30-Day Money Back Guarantee with each of its products. In the event that you cancel your subscription within 30 (thirty) days of your signup date, you may request a full refund of subscription cost. Refunds will only be given once per customer per product.
Termination: This Agreement shall remain effective until terminated in accordance with its terms. Trade Smart LLC may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice and the reimbursement of any whole months remaining on your subscription, to terminate this Agreement without cause.
Privacy: Trade Smart will NEVER distribute personal information of our subscribers. individual information gathered by Trade Smart is used for internal purposes only (i.e. accessing a member's account information, to track the usage of our products, and to analyze traffic patterns on our sites.
Code of Conduct: While using the Site you agree not to: Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site; Use the Site for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); 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 Trade Smart web site; Remove any copyright, trademark, or others proprietary rights notices contained at Trade Smart web site; "Frame" or "mirror" any part of Trade Smart without 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 product or service or its contents; Harvest or collect information about visitors to or members of Trade Smart without their express consent; or Permit anyone without an account or subscription to use any product or service through your subscription, user name or password.
Submissions: All information sent to Trade Smart becomes the property of Trade Smart. All information can be used at Trade Smart's discretion.
Services and Tools: Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.
Copyright and Limitations on Use: The Site is the property of Trade Smart and may only be displayed, formatted and printed for your personal, non-commercial use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information, research, charts, website pages or drawings received through us to anyone without our prior written consent. You may not post any content from this website, newsletter, email alerts, message boards, reports, and all other content Trade Smart offers to news groups, mail lists or electronic bulletin boards, or to other individual(s) or parties without Trade Smart's prior written consent. Memberships are provided on an individual basis. No password sharing is allowed, unless permission is granted in writing by Trade Smart. Activity at the members' only website is monitored daily for any unauthorized use. At any time, Trade Smart may cancel the membership, with or without cause, or notification if a violation of this agreement is suspected and no refund will be given for your subscription fees. Copying and/or electronic transmission of any content of the Site is a violation of copyright law.
Jurisdictional Issues: The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Websites: The Site may contain links to other Internet websites or resources. Trade Smart does not control or endorse such other web sites, nor will it review or approve any content that appears on such other web sites. You acknowledge and agree that Trade Smart shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Failure to Access Service: You agree that we are not responsible for your inability to log-on to Trade Smart website, either because of poor Internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, website upgrades, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.
Limitation of Liability: Neither Trade Smart LLC nor its suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or content contained on the site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the site is to stop using the Site. You agree that if any applicable authority holds any portion of this legal agreement the sole and exclusive maximum liability to Trade Smart for all damages, losses, and causes of action shall be the total amount paid by you, if any, for access to Trade Smart or any service offered by Trade Smart at the Trade Smart Site.
Indemnification: You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives 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 the Site 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 Site or any services related to the Site.
Governing Law; Jurisdiction: This Agreement is personal to you, and you may not assign your rights or obligations to anyone except with our prior written consent. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Harris County, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all Trade Smart policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.