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Trade with the Pros Terms of Use

Last Updated: July 14, 2022

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms of use. Please review these terms of use carefully. If you do not agree to these terms of use, you should not use this site.

Agreement.

This Term of Use agreement (“the “Agreement”) specifies the terms for access to and use of tradewiththepros.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by the operator of this website upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at tradewiththepros.com/termsofuse. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy.

Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy.

Website Ownership.

We own this website and, whether now existing or in the future, any affiliated apps, services, logos, API, code, and content available on this website (collectively, the “Website Content”). You may not tamper with or use any of the Website Content without the express written consent of the operator of this website.

All right, title, and interest in and to the Website Content is and will remain the exclusive property of Trade with the Pros LLC (“TWP”) and its licensors. The Website Content is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the TWP name or any of the TWP trademarks, logos, domain names, and other distinctive brand features. You may not do any of the following while accessing or using the TWP platform and Services:

  1. access, tamper with, or use non-public areas of the platform (including content storage), TWP’s computer systems, or the technical delivery systems of TWP’s service providers;
  2. disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems;
  3. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TWP platform or Services;
  4. access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, or API. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services;
  5. in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TWP); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

 

User Content Ownership.

All content included on this site is and shall continue to be the property of the operator of this website or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

In the event you are able to submit or post content on or through this website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). To that end, any content you are able to post on the website may be reused or shared by the operator of this website. If you are able to post content, comments, questions, reviews, and/or submit feedback or suggestions, you explicitly authorize the operator of this website to use and share such content, comments, questions, reviews, and/or feedback or suggestions with anyone, including as distributions or promotions on this website or other platforms, social media accounts, or advertisements as the operator of this website determines in its sole discretion. Additionally, you unequivocally waive any rights to publicity, privacy, or other rights of a similar nature related to the use, distribution, or re-production of any such content under applicable law.

As a condition to your use of this website, you represent and warrant you have all rights and authority to grant such rights set forth in this Section 3 and agree that all uses of your content will be made without compensation paid to you.

Using TWP at Your Own Risk.

Subject to Section 6, anyone can use the Site to publish and consume content on the Site. Given the interactive nature of the platform, you may misinterpret the content available to you. You use the Site at your own risk. We do not review or edit all content for accuracy or legal issues. We cannot guarantee in any manner the accuracy, validity, or reliability of any content available to you on the Site. If you access any content on the Site, you do so at your own risk.

When you use the Site you may interact with other users and instructors. In doing so, you may encounter content that you find offensive, indecent, objection. TWP has no responsibility or liability for such content. You assume full responsibility for the choices you make while using the Site and interacting with the content. Additionally, you should not share any personal information with other users.

In using our Site, you may encounter links to websites and platforms that are not affiliated with TWP. We are not responsible or liable for any content available on these third-party websites or platforms and you assume all risks associated with use thereof. Additionally, you should familiarize yourself with any privacy policies, terms of use, or terms and conditions on these other websites or platforms.

By using the Site, you agree to the following:

  1. The content available to you will not prepare you to be a licensed broker in the financial industry and is not to be used as an educational course for vocational purposes in any industry. The content available to you is only to be used for informational purposes.
  2. The content available on the Site should not be considered as personalized investment advice, a recommendation to buy, sell, or hold any investment, an offer to buy or sell any investment, or the provision of any other kind of advice that would require TWP to register as a broker-dealer, investment advisor, or similar entity.
  3. The purchase, sale, or advice regarding any particular security may only be provided by a broker/dealer, registered investment advisor, or introducing broker and TWP and its affiliates are not licensed to provide such advice or services.
  4. The content available on the Site is to provide you with a working knowledge of the stock market, how to trade securities, and financial instruments, it is not a substitute for formal education and certifications. Although TWP strives to provide accurate and reliable information from sources that it believes to be reliable, TWP makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information.
  5. Electronic active trading is risky and unpredictable. It may not be suitable for you. You assume any risk associate with your electronic active trading, including any financial losses you may incur. You should consult with their financial advisors, attorneys, accountants or other qualified professionals prior to making any investment decision.
  6. Electronic active trading is speculative and may involve high volume trade activity which can incur daily commission fees, and result in both short-term gains and losses. TWP makes no guarantee or promise of any kind, express or implied, that you will profit from or avoid losses from using information disseminated through TWP.
  7. The risk of loss in trading is substantial. You may lose up to 100% of your investment, which is your sole responsibility. You are responsible for considering such information carefully and evaluating how it might relate to your decision to buy, sell or hold any investment. Such decisions must be based on your individual and independent evaluation of your financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments and other factors, not in reliance on any information obtained from TWP.

Content and Behavior Rules.

You may only use the Site for lawful purposes. You’re responsible for all the content that you are able to post on our platform. You should keep all such content, including reviews, questions, posts, courses and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

Intended Audience.

This website is intended for adults only. This website is not intended for any individual under the age of consent for online services in your country. If you are below the age of consent to use online services in your country, you may not create an account on this website. Should we discover an individual who is under the agent of consent has created an account, we will terminate the account immediately. You may terminate your account in your sole discretion at any time.

To utilize most services on the website, you will need an account. To access your account you must create a unique and confidential username and password. In the event you suspect your account username or password has been compromised, you must contact support services. Additionally, when created an account, you will need to provide accurate and complete information. It is your responsibility to maintain and update the information as needed.

In the event you suspect your account username or password has been compromised, you must contact support services. We will not provide account access to any individual unless they satisfactorily provide the information necessary to prove ownership of the account. You have complete responsibility for everything that occurs with regard to your account. Any damage caused to another user, individual, or third-party caused by your account, whether caused by you or not, is your responsibility. You may not share the account credentials with another individual and it is your sole responsibility to maintain the privacy of such information.

Trademarks.

TWP may have now or in the future registered trademarks. Nothing herein shall be interpreted to provide a license to use such trademarks by the customers. Other product and company names mentioned on this Site may be trademarks of their respective owners.

Site Use.

TWP grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of TWP and TWP may terminate your use of this website at any time.

Compliance with Laws.

You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Indemnification.

You agree to indemnify, defend and hold TWP and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Disclaimer.

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. We, and our affiliates, are not liable for any damages due to such interruptions or lack of availability. We are not responsible for delay or failure of the Site due to events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TWP DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL TWP BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Use of Information.

TWP reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Copyrights and Copyright Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to us:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Applicable Law.

You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and TWP or its affiliates.

Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver.

The failure of TWP to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by TWP must be in writing and signed by an authorized representative of TWP.

Termination.

TWP may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties.

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement.

This Terms of Use constitutes the entire agreement between you and TWP and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TWP with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. TWP may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Sanctions and Export Laws.

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Site) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.

Arbitration; Waiver of Class Action and Consolidation of Claims.

Subject to any exceptions set forth herein, you hereby agree that any dispute, controversy, or claim arising out of or relating to the Services (collectively, the “Dispute”) shall be submitted to mandatory final and binding arbitration before the American Arbitration Association in New York City, New York in accordance with its Commercial Arbitration Rules and Mediation Procedures. Notwithstanding the foregoing, you waive the right to arbitrate any Dispute as a class action, either as a member or a representative. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. You hereby agree to arbitrate any Dispute solely on an individual basis.

Contact Information.

Our contact details are shown below:

hello@tradewiththepros.com

General Disclosure:

Trade With the Pros LLC (“TWP”) is a financial education provider for customers looking to build the skills and proficiency necessary for retail trading and investing in the financial markets. TWP is not a Broker-Dealer, an Investment Adviser, or any other type of business subject to regulation by the SEC, CFTC, state securities regulators or any “self-regulatory organization” (such as FINRA).

The programs and content that TWP distributes are for informational and educational purposes only. No one should consider the information disseminated by TWP to be personalized investment advice, a recommendation to buy, sell or hold any investment, an offer (or a solicitation of an offer) to buy or sell any investment, or the provision of any other kind of advice that would require TWP to register as a broker-dealer, investment adviser or similar entity. No one associated with TWP is authorized to make any representation to the contrary.

TWP provides information that its customers may use to make their own investment decisions. However, any customer will be responsible for considering such information carefully and evaluating how it might relate to that viewer’s own decision to buy, sell or hold any investment. Such decisions must be based on that customer’s individual and independent evaluation of his or her financial circumstances, investment objectives, risk tolerance, liquidity needs, family commitments and other factors, not in reliance on any information obtained from TWP.

Statements by any person (whether identified as associated with TWP or any other entity) represent the opinions of that person only and do not necessarily reflect the opinions of TWP or any other person associated with TWP.

It is possible that any individual providing information or expressing an opinion on any TWP program may hold an investment position (or may be contemplating holding an investment position) that is inconsistent with the information provided or the opinion being expressed. This may reflect the financial or other circumstances of the individual or it may reflect some other consideration. Customers of TWP programs and consumers of its content should take this into account when evaluating the information provided or the opinion being expressed.

Although TWP strives to provide accurate and reliable information from sources that it believes to be reliable, TWP makes no guarantees as to the accuracy, completeness, timeliness, or correctness of any such information. TWP makes no guarantee or promise of any kind, express or implied, that anyone will profit from or avoid losses from using information disseminated through TWP.

All investments are subject to risk of loss, which you should consider in making any investment decisions. Customers of TWP programs should consult with their financial advisors, attorneys, accountants or other qualified professionals prior to making any investment decision.

The risk of loss in trading equities, options, forex and/or futures can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. The high degree of leverage that is often obtainable in options and futures trading may benefit you as well as conversely lead to large losses beyond your initial investment. Past results are not indicative of future results. No representation is being made that any account will or is likely to achieve profits similar to those shown.

Risk Disclosure:

All investments are subject to risk of loss, which you should consider in making any investment decisions. Viewers of Trade With the Pros programs should consult with their financial advisors, attorneys, accountants or other qualified professionals prior to making any investment decision.

The risk of loss in trading equities, options, forex and/or futures can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. The high degree of leverage that is often obtainable in options trading may benefit you as well as conversely lead to large losses beyond your initial investment. Past results are not indicative of future results. No representation is being made that any account will or is likely to achieve profits similar to those shown.

Testimonial Disclosure:

The aforementioned testimonials are made by individual subscribers to Trade With the Pros services. The experience of these individuals may not be representative of the experience of other subscribers, like yourself. In addition, the aforementioned testimonials do not guarantee future success by using such services. No consideration was paid to the individuals that submitted these testimonials.